US Constitution: Solving 1780s Issues While Upholding Republicanism

1) Designing the Constitution: Solving 1780s Problems and Preserving Republicanism

Problems the Authors Sought to Resolve:

• State Governments Too Responsive to the People: Examples include Shays' Rebellion, stay laws, and paper money laws, indicating excessive local influence.
• Weak National Government: Inability to manage finance, conduct foreign policy (dealing with Britain and Spain), and pay the army.
• Lack of National Vision: Citizens were primarily focused on local interests rather than national unity.

Solutions Implemented to Address These Problems:

The design shifted power to the national government while limiting state authority:

• Expanded National Powers: Granted the national government authority to tax, subdue rebellion, and regulate interstate and international trade. Included provisions for implied powers (Necessary and Proper Clause).
• Limited State Powers: States were prohibited from issuing paper money or aggregating contracts.
• Three Branches of Government:
  • Executive: The President, chosen via the Electoral College, is independent of the legislature and provides a national image.
  • Legislature: Bicameral structure (House and Senate), with representatives chosen by the states.
  • Judiciary: Strong and independent; justices are chosen by the President with Senate approval and serve for life, implying judicial review.
• Filter Up Theory: The belief that as citizens move up through the levels of government, they gain experience, become wiser, and develop broader national visions.

Defending the New System:

The authors had to defend the Constitution against concerns that it moved away from small republics and reduced popular power. Their defense rested on several key arguments:

• Large Republic Advantage: They argued that large republics were superior because they prevented any single faction from dominating and kept any one group from accumulating excessive power.
• Popular Sovereignty Maintained: Although power was taken from direct local control, it was based on a new national body of people, thus preserving popular sovereignty.
• Balance Between Power and Liberty: This balance was conserved primarily through checks and balances. Power was distributed across multiple sources to balance and check each other: the three branches of government, the state and federal levels, and the bicameral legislature.