PSCI 1040 004 Jim Battista University of North Texas Constitution Jim Battista Constitution Social contract theory Notion that government arises from the consent of the governed Social contract pact that brings a people out of anarchy and into some form of government Change from rule by divine right inherent hierarchy Thought experiment state of nature What if people had no government at all What if people were governed only by own human nature Doesn t need to be a historical reality Jim Battista Constitution Hobbes Dim view of human nature Rapacious self interest Indifference to each other maybe hostility Therefore state of nature dangerous place Jim Battista Constitution Hobbes cont Each of us has natural rights Most important self preservation I can do what I think is necessary to keep myself safe Including killing you before you kill me You weren t going to come after me Well tough Jim Battista Constitution Life in Hobbes state of nature In such condition there is no place for industry because the fruit thereof is uncertain and consequently no culture of the earth no navigation nor use of the commodities that may be imported by sea no commodious building no instruments of moving and removing such things as require much force no knowledge of the face of the earth no account of time no arts no letters no society and which is worst of all continual fear and danger of violent death and the life of man solitary poor nasty brutish and short Leviathan Jim Battista Constitution Hobbes solution Collective action problem We all want to be safe from violent death How Institute government to protect us all By creating a social contract We each agree to give our self defence power to the King We each agree to submit to the King Hokey Real life examples Jim Battista Constitution The leviathan What can the sovereign do Whatever he she wants No control over the sovereign Contract isn t between me and the King Contract is between me and you King has no promises to keep no contract to abide by Therefore revolution is illegitmate wrong Revolution is crime against everyone else in the Contract Jim Battista Constitution Locke Starts with different state of nature Arrives at different conclusions People generally okay but are a few bad apples No unrestricted right of self defense Must give people who wrong you a fair trial etc State of nature inconvenient not dangerous bloodbath Jim Battista Constitution Inconveniences Everyone has to protect his her own rights property speech etc difficult No unbiased and fair way to settle disputes everyone is own judge Without collective action we get just rule by the strongest Jim Battista Constitution Locke s solution Same collective action problem but less dire How to avoid inconveniences Form government Give up uncontrollable liberty In exchange for secure rule of law Hire a government to protect our rights Jim Battista Constitution Lockean government Contract is between people and government King or gov t has duties and limits Therefore is right to revolution If the King tyrannizes us and breaks the contract Then the contract is broken Then he isn t King because he s only King by the contract Look at Declaration of Independence Limited government Jim Battista Constitution Articles of Confederation First attempt at national government Follow on from prewar early Revolutionary Continental Congresses Confederation much more decentralized than current federation Other countries currently run as confederations Canada Switzerland Balance of power closer to local provincial than national Explicitly union of states not of citizens U S under Articles is like U N now Jim Battista Constitution Weak government under the Articles Congress could not directly affect people only state governments No authority to regulate individuals No power of enforcement states enforced on behalf of national government or failed to enforce Jim Battista Constitution Weak government under the articles Congress could not tax only requisition money from states No power to compel payment most states didn t pay much or even what they had said they would Debt problems after peace Congress had debt and states wouldn t pay for it collective action Jim Battista Constitution Weak government under the articles Congress could not regulate interstate and foreign commerce Taxes and customs between one state and another Foreign countries had to negotiate trade treaties with each state legislature Each state had one vote easy for small populations to obstruct bills 9 13 votes needed to pass legislation Amending the Articles required unanimous consent No separate federal executive Not necessarily crippling modern parliamentary systems States and national government could both coin money Jim Battista Constitution Problems under the Articles Debt and currency devaluations Trade problems incl no exports to French British colonies These led to a severe economic downturn Part of why there are few movies about the Revolution Increases in personal debt and accompanying foreclosures etc Jim Battista Constitution Problems under the Articles Shay s Rebellion of debtors terrorized MA gov t National government could offer no help in dispersing Wave of similar uprisings followed State legislatures bowed to pressure devaluations inflation Argument gov t isn t protecting people s rights need new one Argument social contract is broken we need a new one Jim Battista Constitution Getting to the Constitutional Convention 1787 Constitutional Convention Met to discuss amending the Articles Had no authority from anyone to propose new constitution Big division federalists and anti federalists round 1 Federalists favored strong er central gov t Anti federalists didn t thought confederacy better Anti federalists often didn t show up Henry RI Jim Battista Constitution The Constitutional Convention setting up Framers were strategic actors not necessarily disinterested Framers were revolutionaries Large conflict over content of document Threats to withdraw during convention common Ratification a near thing in NY VA MA Actual Constitution emerged late in the process Some people we think of as being pivotal and important weren t Washington Franklin Jefferson Gouverneur Morris Jim Battista Constitution More setup Agreement that changes needed to Articles but disagreement about what changes Differences Small states vs large states small states knew they d be losing some power if apportionment was by population or wealth Slave states