Chapter2 - I II Chapter 2 The Constitution and Liberty The...

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Chapter 2: The Constitution and Liberty I. The problem of liberty A. The colonial mind A.1. Belief that because British politicians were corrupt, the English constitution was inadequate A.2. Belief in higher law of natural rights A.2.a. Life A.2.b. Liberty A.2.c. Property (Jefferson notwithstanding) A.3. A war of ideology, not economics A.4. Specific complaints against George III for violating unalienable rights B. The "real" revolution B.1. The "real" revolution was the radical change in belief about what made authority legitimate and liberties secure. B.2. Government by consent, not by prerogative B.3. Direct grant of power: written constitution B.4. Human liberty before government B.5. Legislature superior to executive branch C. Weaknesses of the confederation C.1. Could not levy taxes or regulate commerce C.2. Sovereignty, independence retained by states C.3. One vote in Congress for each state C.4. Nine of thirteen votes in Congress required for any measure C.5. Delegates picked, paid for by legislatures C.6. Little money coined by Congress C.7. Army small; dependent on state militias C.8. Territorial disputes between states C.9. No national judicial system C.10. All thirteen states' consent necessary for any amendments II. The Constitutional Convention A. The lessons of experience A.1. State constitutions A.1.a. Pennsylvania: too strong, too democratic A.1.b. Massachusetts: too weak, less democratic A.2. Shays's Rebellion led to the fear the states were about to collapse. B. The Framers B.1. Who came: men of practical affairs B.2. Who did not come B.3. Intent to write an entirely new constitution B.4. Lockean influence B.5. Doubts that popular consent could guarantee liberty B.6. Results: "a delicate problem"; need strong government for order but one that would not threaten liberty
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B.6.a. Democracy of that day not the solution
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This note was uploaded on 02/25/2012 for the course BIO 1421 taught by Professor Farr during the Fall '08 term at Texas State.

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Chapter2 - I II Chapter 2 The Constitution and Liberty The...

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