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A Quick and Dirty History of A Quick and Dirty History of Colonial AmericaColonial America
1717thth Century England- Monarchy Century England- Monarchy
Anglican Church official churchAnglican Church official church
1620s Pilgrims land in Mass. seeking 1620s Pilgrims land in Mass. seeking religious freedomreligious freedom
Gradual settling by English of 13 original Gradual settling by English of 13 original coloniescolonies
English Continued to have official English Continued to have official authority, but large degree of autonomy. authority, but large degree of autonomy.
HistoryHistory
Development of colonies as important trading Development of colonies as important trading partnerpartner
Colonists largely thought of themselves as Colonists largely thought of themselves as EnglishEnglish
English provided military supportEnglish provided military support
No income taxNo income tax
Increased taxes on goods/servicesIncreased taxes on goods/services Sugar Act, Stamp Act, Quartering ActSugar Act, Stamp Act, Quartering Act
NO TAXATION WITHOUT REPRESENTATION!NO TAXATION WITHOUT REPRESENTATION!
HistoryHistory
1776- 21776- 2ndnd Continental Congress adopts Continental Congress adopts Jefferson’s Declaration of IndependenceJefferson’s Declaration of IndependenceGrievances both economic and politicalGrievances both economic and political1777 Articles of Confederation1777 Articles of Confederation Loose constitutionLoose constitution Limited power of central governmentLimited power of central government Congress- Limited powers in foreign affairs, Congress- Limited powers in foreign affairs,
coining moneycoining money States retained most sovereigntyStates retained most sovereignty
HistoryHistory
Colonies eventually win War of Colonies eventually win War of IndependenceIndependenceContinue to function under Articles of Continue to function under Articles of ConfederationConfederationProblemsProblems Inability to collect taxes and pay war debtsInability to collect taxes and pay war debts No ability to back currencyNo ability to back currency No Judicial system to handle disputes No Judicial system to handle disputes
between statesbetween states
Shays’s RebellionShays’s Rebellion
1780 Mass Constitution limited political 1780 Mass Constitution limited political participation of lower classesparticipation of lower classesSeries of bad harvests, farm foreclosuresSeries of bad harvests, farm foreclosuresShays leads a small army to forcibly Shays leads a small army to forcibly prevent farm foreclosuresprevent farm foreclosuresRaises serious concerns about ability to Raises serious concerns about ability to provide defenseprovide defenseParticular concern for lenders, other upper Particular concern for lenders, other upper class individualsclass individuals
Discussion 1Discussion 1
Why bother with some form of constitution Why bother with some form of constitution this early in the game? this early in the game?
Think back to the Zakaria article. What Think back to the Zakaria article. What similarities and differences in challenges similarities and differences in challenges and opportunities were/are there for and opportunities were/are there for democracy?democracy?
Constitutional ConventionConstitutional Convention
Originally called to revise articlesOriginally called to revise articles
Articles scrapped in favor of new systemArticles scrapped in favor of new system
Concern- how to create a government Concern- how to create a government powerful enough to maintain order yet powerful enough to maintain order yet weak enough to prevent it from infringing weak enough to prevent it from infringing on rightson rights
Concern- how to provide representationConcern- how to provide representation
Representation of StatesRepresentation of States
Virginia Plan- Provide representation Virginia Plan- Provide representation based on populationbased on population
New Jersey Plan- Equal representation New Jersey Plan- Equal representation among statesamong states
Great Compromise- Bicameral LegislatureGreat Compromise- Bicameral Legislature
2 houses, house of representatives based 2 houses, house of representatives based on size, Senate based on on size, Senate based on
SlaverySlavery
Moralism of Northern StatesMoralism of Northern StatesEconomic FactorsEconomic FactorsHow to deal with for representation??How to deal with for representation??Slave states- Count slaves for determining Slave states- Count slaves for determining number of representativesnumber of representativesFree states- Don’t count slavesFree states- Don’t count slavesDebate- values, economics, relative power of Debate- values, economics, relative power of north and southnorth and south3/5 compromise- slaves count as 3/5 of a person 3/5 compromise- slaves count as 3/5 of a person for determining representation in housefor determining representation in house
Discussion 2- BeardDiscussion 2- Beard
What is Beard’s basic thesis?What is Beard’s basic thesis?
What evidence does he use to support?What evidence does he use to support?
What arguments do his critics use against What arguments do his critics use against him?him?
Do you think the framers were governed Do you think the framers were governed by self interest, principle, or some by self interest, principle, or some combination?combination?
FederalismFederalism
Reservation of many powers to statesReservation of many powers to states
Supremacy clause- When in conflict, Supremacy clause- When in conflict, federal law trumps state lawfederal law trumps state law
Full faith and credit clause- States must Full faith and credit clause- States must recognize laws of other statesrecognize laws of other states
How has it lasted this long?How has it lasted this long?
Constitution deliberately vagueConstitution deliberately vagueEnumerated PowersEnumerated Powers Article 1, section 8Article 1, section 8
Coin money, establish post office, copyrights, Coin money, establish post office, copyrights, declare war, fund militarydeclare war, fund militaryImplied powersImplied powersNecessary and Proper ClauseNecessary and Proper Clause Pass laws to make implied powers happen, other Pass laws to make implied powers happen, other
laws that are necessary for branches to carry out laws that are necessary for branches to carry out dutiesduties
Possibility for AmendmentPossibility for Amendment
How to Amend The ConstitutionHow to Amend The Constitution
Propose amendmentPropose amendment 2/3 vote of both house and senate2/3 vote of both house and senate Constitutional ConventionConstitutional Convention
RatificationRatification ¾ of state legislatures¾ of state legislatures Conventions in ¾ of statesConventions in ¾ of states
Discussion 3- Flexibility and Discussion 3- Flexibility and AmendmentAmendment
What would Kammen thing about recent What would Kammen thing about recent efforts to amend the constitution?efforts to amend the constitution?
Balance of ambiguity and flexibility- what Balance of ambiguity and flexibility- what are ambiguous areas, what is price?are ambiguous areas, what is price?
Informal AmendmentInformal Amendment
Presidential or Congressional ActionPresidential or Congressional Action Sometimes necessity is the mother of Sometimes necessity is the mother of
inventioninvention
Court InterpretationsCourt Interpretations
Debate- Intent of Framers vs. FlexibilityDebate- Intent of Framers vs. Flexibility
The fight over ratificationThe fight over ratification
Constitution takes effect if ratified by 9 Constitution takes effect if ratified by 9 statesstates
Passes quickly in several small states. Passes quickly in several small states. Takes effect, but NY, VA do not Takes effect, but NY, VA do not immediately joinimmediately join
Considerable OppositionConsiderable Opposition
War of WordsWar of Words
Federalists and Anti-FederalistsFederalists and Anti-Federalists
Who are they?Who are they?
Federalists-Property owners, large Federalists-Property owners, large farmers, merchantsfarmers, merchants
Anti-Federalists- Small Farmers, Anti-Federalists- Small Farmers, Shopkeepers, laborersShopkeepers, laborers
What do they Want?What do they Want?
Federalists- Strong, centralized authorityFederalists- Strong, centralized authority
Anti federalists, weak central authority, no Anti federalists, weak central authority, no standing armystanding army
Anti-FederalistsAnti-Federalists
Distrustful of centralized authorityDistrustful of centralized authority
Too much powerToo much power
Incentive to taxIncentive to tax
Trample rights of individualsTrample rights of individuals Public can have greater impact at state levelPublic can have greater impact at state level
WHERE ARE PROTECTIONS OF WHERE ARE PROTECTIONS OF INDIVIDUAL RIGHTS????INDIVIDUAL RIGHTS????
Federalists/Anti-FederalistsFederalists/Anti-Federalists
Federalists largely distrustful of publicFederalists largely distrustful of public
Anti federalists see participation as Anti federalists see participation as curbing govt. powercurbing govt. power
What do you think? What do you think?
How does this play out today?How does this play out today?
Federalist 10Federalist 10
Problem(s)Problem(s) FactionFaction
Interested in own good, not greater goodInterested in own good, not greater good Ensuring good leadershipEnsuring good leadership
Solutions- Minimize Citizen InputSolutions- Minimize Citizen Input Government can allow cooler heads to prevailGovernment can allow cooler heads to prevail Large DistrictsLarge Districts
Other solutionsOther solutions
Electoral CollegeElectoral College
Indirect election of senators Indirect election of senators
Keep certain conflicts out of governmentKeep certain conflicts out of government
What does this tell us? Mistrust of peopleWhat does this tell us? Mistrust of people
Basic Constitutional PrinciplesBasic Constitutional Principles
FederalismFederalism
Separation of PowersSeparation of Powers
Checks and BalancesChecks and Balances
All meant to limit the accumulation of All meant to limit the accumulation of power and potential for corruptionpower and potential for corruption
Federalist 51Federalist 51
Sheds light on organization of state and Sheds light on organization of state and logic for itlogic for it
What is the concern?What is the concern?
What is the assumption?What is the assumption?
What is the solution?What is the solution?
Federalist 51Federalist 51
Concern- How do we prevent tyranny by Concern- How do we prevent tyranny by the government? the government?
Assumption- People have desire for powerAssumption- People have desire for power
Solution- Divided power. Checks and Solution- Divided power. Checks and BalancesBalances
Additional Check-Federalism Additional Check-Federalism
Organizing a GovernmentOrganizing a Government
Separation of powersSeparation of powers
Three Branches, three different tasksThree Branches, three different tasks
Legislative-Make LawsLegislative-Make Laws
Executive-Enforce LawsExecutive-Enforce Laws
Judicial- Interpret and apply lawsJudicial- Interpret and apply laws
Separation of Powers/Checks and Separation of Powers/Checks and BalancesBalances
Each branch dependent on othersEach branch dependent on others
LegislativeLegislative
Main Duty- Writing LawsMain Duty- Writing Laws
LimitationsLimitations Executive- VetoesExecutive- Vetoes Judicial- Laws held UnconstitutionalJudicial- Laws held Unconstitutional
ExecutiveExecutive
Presidency (and now bureaucracy)Presidency (and now bureaucracy)
Duties- Enforcing laws, head of military, Duties- Enforcing laws, head of military, foreign affairsforeign affairs
LimitationsLimitations Legislative- Debates and votes on bills, power Legislative- Debates and votes on bills, power
to reject nominees, treaties, etc, can impeachto reject nominees, treaties, etc, can impeach Courts- Can hold actions unconstitutionalCourts- Can hold actions unconstitutional
JudicialJudicial
Duty-Interpret lawsDuty-Interpret laws
LimitationsLimitations Executive- Appoints JudgesExecutive- Appoints Judges Legislative- Confirms Judges, organizes Legislative- Confirms Judges, organizes
number of seats, can impeachnumber of seats, can impeach
Separation of PowersSeparation of Powers
Some debate about how well this has held Some debate about how well this has held upup
Many policies set by bureaucracyMany policies set by bureaucracy
President proposes legislationPresident proposes legislation
Congress and WarCongress and War
Judicial ActivismJudicial Activism
Are these “problems”?Are these “problems”?
Basic Constitutional PrinciplesBasic Constitutional Principles
FederalismFederalism
Separation of PowersSeparation of Powers
Checks and BalancesChecks and Balances
All meant to limit the accumulation of All meant to limit the accumulation of power and potential for corruptionpower and potential for corruption
Federalist 51Federalist 51
Sheds light on organization of state and Sheds light on organization of state and logic for itlogic for it
What is the concern?What is the concern?
What is the assumption?What is the assumption?
What is the solution?What is the solution?
Federalist 51Federalist 51
Concern- How do we prevent tyranny by Concern- How do we prevent tyranny by the government? the government?
Assumption- People have desire for powerAssumption- People have desire for power
Solution- Divided power. Checks and Solution- Divided power. Checks and BalancesBalances
Additional Check-Federalism Additional Check-Federalism
Organizing a GovernmentOrganizing a Government
Separation of powersSeparation of powers
Three Branches, three different tasksThree Branches, three different tasks
Legislative-Make LawsLegislative-Make Laws
Executive-Enforce LawsExecutive-Enforce Laws
Judicial- Interpret and apply lawsJudicial- Interpret and apply laws
Separation of Powers/Checks and Separation of Powers/Checks and BalancesBalances
Each branch dependent on othersEach branch dependent on others
LegislativeLegislative
Main Duty- Writing LawsMain Duty- Writing Laws
LimitationsLimitations Executive- VetoesExecutive- Vetoes Judicial- Laws held UnconstitutionalJudicial- Laws held Unconstitutional
ExecutiveExecutive
Presidency (and now bureaucracy)Presidency (and now bureaucracy)
Duties- Enforcing laws, head of military, Duties- Enforcing laws, head of military, foreign affairsforeign affairs
LimitationsLimitations Legislative- Debates and votes on bills, power Legislative- Debates and votes on bills, power
to reject nominees, treaties, etc, can impeachto reject nominees, treaties, etc, can impeach Courts- Can hold actions unconstitutionalCourts- Can hold actions unconstitutional
JudicialJudicial
Duty-Interpret lawsDuty-Interpret laws
LimitationsLimitations Executive- Appoints JudgesExecutive- Appoints Judges Legislative- Confirms Judges, organizes Legislative- Confirms Judges, organizes
number of seats, can impeachnumber of seats, can impeach
Separation of PowersSeparation of Powers
Some debate about how well this has held Some debate about how well this has held upup
Many policies set by bureaucracyMany policies set by bureaucracy
President proposes legislationPresident proposes legislation
Congress and WarCongress and War
Judicial ActivismJudicial Activism
Are these “problems”?Are these “problems”?
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