P3 | APUSH | Wiley |Making War & Republican Governments: Note Guide, D___ Name: This note guide will cover the period 1776-1791, from the onset of the Revolution (1776-’83) to the addition of the Bill of Rights (1791) to the Constitution (ratified in 1789). This will be one of the most important documents of the course, as it contains all of the vital information about the country’s founding and is often applicable to any future essay prompt (easy synthesis!).

The American Revolution (1776-1783)

Briefing: The American Revolution occurred because the American colonists, who had long been developing a strong sense of autonomy and self-government under _________________________, resisted British attempts to impose tighter _____________________ imperial controls and higher taxes after the _____________________ (1763 and beyond). The political ideals of the _____________________ caused some American leaders to see British actions in the worst light. The intermittent conflict over political authority and taxation, enhanced by American agitators (like the _____________________) and perceived advantages to independence (see _____________________’s Common Sense), gradually moved Americans from asserting rights _____________________ the British Empire to open warfare with the mother country.

Image Summary: Washington’s Crossing of the Delaware River (1851)This event occurred on the night of Dec. 25–26, 1776; it marked the first move in a surprise attack organized by Washington against the Hessian forces in Trenton, NJ. The British had been manhandling the Continental army through the summer and fall of ’76. Following custom, the British halted their military campaign for the cold months, allowing the Americans to catch them off guard. Washington led the Continental Army across the icy Delaware River and defeated the troops at Trenton the next morning.

Britain and Colonies/States ComparedBritain Colonists

Advantages Disadvantages Advantages Disadvantages ______________

army (of 50,000 +) and navy; few Europeans gave the rebels a chance

Strong central government with available funds

Support of Loyalists, some slaves, and _____________ Americans

Total population: 11 million

Large distance separating Britain from battlefields made communication difficult (took two months to cross the Atlantic)

Underestimated American capacity to fight

Believed they could easily reassert political control over the colonies

Initial military strategy called for restraint, in hopes of political compromise; this cost the British the opportunity to nip the rebellion in the bud

War became unpopular in Britain

Fighting a defensive war on home turf over a large territory; 1,500 miles of coastline and extending over 100 miles into the interior

European ____________; French and Spanish

Resilient and popular military leadership

Continental Army evolved into a powerful force for nationalist sentiment

Received loans from France and Holland and issued bonds to approx. 13,000 firms and individuals

French alliance of 1778 gave the Americans much needed money, supplies, and ________________

___________________ and undisciplined army (of 18,000)

Shortages of food __________________

conflict (see Zinn) __________ central

government and no steady tax revenue

Low ___________________ for war

Faced wartime difficulties, such as a British naval blockade goods were scarce and pricey, leading to more class conflict

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The American Revolution: pp. 1-4Declaration of Independence: p. 5State Constitutions: p. 6Articles of Confederation: pp. 6-8Constitution: pp. 9-16Article 1: Legislature: pp. 10-11Article 2: Executive: pp. 11-12Article 3: Judicial: p. 12Political Philosophy of the Const.: p. 13Slavery and the Constitution: p. 14Federalists vs. Antifederalists: pp. 14-15Bill of Rights: pp. 15-16Rel. between the Founding Doc.’s: p. 16Interpreting the Constitution: p. 16

Total population: 2.5 million

The issue of revolution or loyalty to the crown divided communities. It is important that we understand this division, along with the British perspective, which is often left out of American discussions of the Revolution.

Loyalist Perspective & Context:

Loyalists (sometimes called Tories, the popular name for the conservative party in England which traditionally supported the authority of the king over Parliament) often lived far from cities and knew little of the events that turned other colonists into revolutionaries

Others remained loyal because they thought the British were going to win the war because of their military might and America’s lack of an established military; these Loyalists, like Rev. _____________________, wanted to avoid being punished as rebels

Some were recent migrants that had been born in England Others were royal officeholders who depended on the British government for their

salaries Others were conservative and fearful of political or social upheaval

The poor initially regarded the Patriot movement with suspicion, since nearly all Patriot leaders were wealthyo Were Patriot leaders subverting British rule only to advance their own selfish interests?

Other critics of the movement worried that resistance to Britain would undermine all political institutions and introduce “anarchy and disorder”; many feared mob rule that seemed to have emerged in places like Boston

Some chose to be neutral due to religious convictions (pacifist ________________________, for example) Historians estimate that some 15-20% of the white population were loyal to the Crown throughout the Revolutionary Era

o Many would be pressured to join the boycotts and were subjected to violence/humiliation if they refused

Many were forced out of their homes and forced into silence once Patriots took command of local government Patriots passed state treason acts that prohibited speaking/writing against the Revolution and in some cases passed laws that

took away rights/property from those refusing to swear allegiance to the Patriot cause Loyalists faced mob violence and endured tarring and _____________________ As many as 100,000 Loyalists fled the country during and after the Revolution; many went to British Canada

Note: Tarring and feathering (see image, right) was not fatal. In the 18th century, tar meant pine tar, which was not hot enough to injure someone. It did, however, cause pain and a lot of discomfort and inconvenience. Above all, it was meant to embarrass the victim in public and serve as a warning for others. This tactic was used in the pre-war period as well as during the Revolution. It was typically reserved for working-class individuals. “Gentlemen” were not targeted.

British Perspective: The British felt the colonies were indebted to them and should have been more appreciative of British protection and provision

of manufactures Ordinary British subjects were confused at America’s call for representation in Parliament, as the Parliament was hardly

democratic in the 1770s and taxes the colonists paid were often substantially lower than those Britons paid Colonies were of vital importance to the British; a source of raw materials, particularly agricultural materials and tobacco

o Also important as a source of pride British were outraged by the __________________________ (as were many colonists, like Ben Franklin, who said, “This was an

act of piracy and Americans should repay the British for the tea.”) Fear that American independence would lead to the independence of the West Indies, Ireland, etc. British were shocked when war broke out but thought it would be an ______________ victory War became very unpopular with increased taxes at home to pay for the war British merchants were very much opposed to the war; they wanted trade to continue

Role of British Canada in the Revolution: Former _____________________ Canada, who felt little sympathy for the British empire, was called on join in the struggle for

liberty but they failed to respond; this is likely due to several factors:

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The French living in British Canada were pleased by the _______________________ (which expanded the Quebec territory into Indian Country and established Catholicism as the state religion; both acts angered colonists in the years leading up to the Revolution)

French had disdain for New Englanders who had forcibly removed the French population from __________________________ when the British captured that territory during the French and Indian War (see French and Indian War: Note Guide)

o Congress voted to authorize a military expedition to eliminate any possibility of a British invasion; clashed with the British army and French Catholics in 1775 and 1776; American forces were ultimately defeated

o Patriot attacks on Canada solidified Canadian opposition to the Revolutiono Set a course toward the development of the separate nations of the U.S. and Canada

European AlliesFrance Spain

During first two years of fighting, Americans were sustained by loans from France and other avenues

France's interest in the American fight for independence stemmed from France's humiliating defeat during the French and Indian War (17___ - 17___) at the hands of its ancient enemy, England

In a 1778 treaty of cooperation, France (led by King Louis XVI) recognized American independence and agreed not to make peace with Britain unless Britain recognized American ________________________

The French alliance was decisive for the cause of American Independence; between 1778 and 1782 the French provided supplies, arms, ammunition, uniforms, troops, and naval support

Provided substantial ammunition and provisions for American forts in the West (stationed in New Orleans)

Saw Revolution as opportunity to regain ________________________ from the British and extend their control of the Mississippi Valley

Fought a campaign against the British on the Mississippi River and the Gulf Coast

Subordinate GroupsIndian peoples African Americans Women

Both sides solicited Indian support but the ________________________ proved more persuasive

Patriot victory would mean the extension of American settlements into native homelands

Indian peoples fought in the Revolution for some of the same reasons Patriots did—political independence, cultural integrity, and the protection of their land and property

The last royal governor of VA, Lord __________________, declared the emancipation of all slaves and indentured servants who would desert their masters and take up arms for the British in 1775

MD, VA, NC attempted to recruit free persons of color and even slaves into their armed forces

In the Lower South, where the numerical superiority of slaves bred fears of _______________________ among white people, there was no similar movement

Thousands of black fighters and their families departed with the Loyalists and the British at the end of the war

Thousands escaped during the wartime chaos To many observers, there was an obvious

________________________ in waging a war for “liberty” while continuing to support the institution of slavery

Women assumed the management of family farms and businesses during war

Thousands volunteered by working as seamstresses, nurses, and spies

Hundreds followed their husbands to the battlefield, where they washed, mended, and cooked for the troops

Post-war years witnessed an increase in opportunities for some women seeking an education; done so as to enable __________________________ motherhood

An Olive Branch (of sorts) from Britain: Worried over the consequences of French involvement, Britain sent a peace commission to America in 1778 with promises to

repeal the legislation that had provoked the crisis in the first place, and pledged never to impose revenue taxes on the colonies o Just a few years earlier, such a pledge would surely have __________________________ the movement toward

independenceo But Congress now declared that anyone coming to terms with the British peace commission would be considered a

traitoro Only possible topics of discussion were the withdrawal of British forces and the recognition of American independence

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Treaty of Paris, 1783: Britain surrendered in 1781 but peace talks took two years Britain recognized the U.S. as independent and granted it all the land south of Canada

and north of Florida, from the Atlantic Ocean in the East to the __________________________ River in the West

Britain agreed to withdraw troops from all forts within American territory with “all convenient speed” (which they did not do)

America promised to cease confiscating Loyalist property and fairly compensate Loyalist exiles (which they did not do)

Spain regained Floridao Remember, Spain ceded Florida to Britain at the end of the French and Indian

War in return for all its Caribbean colonies and the Philippines (in the Pacific), which it had lost to Britain during the War for Empire in the 1750s and 1760s

France gained island of Tobago in the Caribbean and Senegal in Africa Congress pushed hard for ________________________ but it remained a British

colony Take a moment to review the Treaty of 1763 information and map (French and Indian

War: Note Guide) so you do not get confused between the two treaties

Looking West: After the war, an armed American nation pressed for large grants of territory according to the right of conquest

o Viewed victory over Great Britain as a ________________________ over Indians as wello Destructive violence continued along the frontier

British troops continued to occupy posts in the Northwest and encouraged Indian attacks against Americans

Miscellaneous: Approximately 25,000 American men died in the war George Washington’s popularity was so high it is predicted that he could have assumed the role of American dictator after the

war and the American people would have accepted ito Instead, by his actions and example, the principle of military subordination to civil authority was firmly established

The American Revolution and the ideals set forth in the Declaration had reverberations in ________________________ (1789), Haiti (1793), and Latin America (1804-1825), inspiring future rebellions

War’s Short- and Long-Term Impact on the Institution of Slavery: The Declaration and war for independence spurred the growth of opposition to slavery

o Several abolitionist organizations emerged: Pennsylvania Abolition Society and New York Manumission Society In the North, slavery—which had always been of _______________________ significance there—was first abolished by VT in

1777, MA in 1780, NH in 1784; PA, CT, RI adopted gradual emancipation during these years, freeing the children of slaves at birth; by 1804, every northern state had provided for abolition or gradual emancipation, although as late as 1810, 30,000 African Americans remained enslaved in the North

o Where free, blacks were often _______________________ from voting, marrying or living with whites, filing lawsuits, or sitting on juries

o Unlike former white indentured servants who could become respected members of their communities after their indentures ended, free blacks rarely had the same opportunity; it was rare for free blacks in the North to rise above the level of common laborers or washerwomen

o In some Northern states, freemen were required to carry passes when traveling, work on roads a certain number of days a year, and could not own certain animals or houses

o Many Northern states prohibited blacks from entering the state to settle, due to anti-black attitudes and a belief that their [inexpensive] competition would be injurious to white workers

Planters in the South heavily depended on slavery and resisted the calls for an end to slavery; many of the principal revolutionaries, including George Washington and Thomas Jefferson, were themselves _______________________ and showed little inclination to abolish the institution of slavery

Consider if the information in this section conforms to Zinn and Hancock’s common thesis (consequences of Revolution were evolutionary rather than revolutionary)

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Creating Republican Documents & Institutions: The Declaration (1776) State Constitutions (1776-1780) Federal Constitutions:

o Articles of Confederation, 1777-1789; o replaced by the Constitution, 1789-present

The Declaration of Independence, 1776:

(see excerpt in Revolution-Era Primary Sources)

Richard Henry ________ of VA offered a motion to the Continental Congress that the colonies were “free and independent states” – that they should be absolved from the British crown

o The Congress composed a committee to prepare a draft declaration of American independence – the committee passed the task to Thomas Jefferson

o On July 2, a large majority of the Congress supported independence in a vote o By July 4, Jefferson’s words (slightly modified) were approved without dissent

Drew on the concepts of the ________________________ and John Lockeo Man possesses natural rights that cannot be taken away (life, liberty, pursuit of happiness)o Government is formed to _________________ such rightso Emphasized one of John Locke’s key ideas: that the people have a right to abolish their government if that government

becomes abusive or fails to do what the people had originally put in its hands to do Locke had argued that government was the result of a “_______________________” between people and

their rulers; the people concede some of their liberty to create a government in order to protect themselves and their property rights; if that government fails to do its job, the people have a right—in fact, an obligation—to abolish that government

To bolster the case for Lockean rebellion, the Declaration details a long train of abuses

Stated flatly that all men are equal, but meant that free, _____________________________ male citizens were political equalso It was not meant to embrace poor white men, women, Native Americans, or African-Americanso Though most delegates, men of wealth and position, did not agree with the notion that “all men are created equal”,

there was little debate over these words, as the delegates knew that the struggle for independence would require the steady support of common people

o Jefferson’s words presented ideals that would later help these groups challenge traditional attitudes

Declaration won wide support at home and abroad (except in Britain, of course)o Sparked celebrations across the colonies/states

The Declaration, Common Sense style:o We have rights that were given to us by God and we form governments to protect those rights (Locke’s idea)o We’re allowed to abolish our government but we’ve got to have good reason and explain ourselves (Locke’s idea)o We can prove the time for independence has come

The King has tried to establish absolute tyranny: He has forced us to house his troops He has attempted to cut off our trade with other nations He has imposed taxes on us even though we don’t have representation in Parliament He has robbed us of our right to be tried by a jury We’ve even tried to reconcile (Olive Branch and economic coercion) Therefore, he is unfit to rule us – we’re right in dumping him

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State Constitutions, 1776-1780:

States wrestled with how to put into practice the ideals of republicanism o Republicanism is a form of government that adheres to the notion of popular sovereignty (government derives its

powers from the consent of the governed) and ____________________________ (where citizens exercise their power through elected representatives)

State constitutions varied in how much “democracy” they permittedo Most states adopted ________________________ constitutions that limited the power of “the people” by excluding

many from voting and office holding and including an upper legislative house made up of significant property owners to offset the popular, and potentially “misguided” majorities in the lower house

Despite these conservative impulses, the post-Revolution period saw an increase in the proportion of yeomen farmers (and the like) in [lower house] state legislatures in the North

o The most radically democratic state constitution was in ____, which received much criticism from the Founders Abolished property ownership as a qualification for voting; granted all taxpaying men the right to vote and

hold office; ______________________ had complete power, as the position of governor was eliminated Followed the “majoritarian model” of democracy: power should be in the hands of the majority at all times

Founders warned of “majority tyranny”; the notion that the majority can be just as tyrannical as a despot; there must be checks on their power from elites

Commonalities between the state constitutions: enlarged the powers of the legislatures and weakened the powers of governors (who essentially serve as the president/executive within their respective states)

Diverging Interpretations of Republicanism, circa 1770s and 1780sDemocratic/Majoritarian Interpretation Conservative Interpretation

Place power solidly in the hands of the _______________ Localize government, bringing it as close to the people as

possible; government institutions should reflect “direct democracy” as much as possible

All governmental officials should be directly elected by the people

Voting and office holding should be available for all taxpaying white men

Potential problems: Does the majority always know best? What’s to prevent the majority from acting tyrannical?

Keep government away from the uneducated many Will of the people needs to be checked by strong

executive/judicial actions, property qualifications, and long terms in office

A republic must be based on _____________; its success depends on the people putting the good of the nation/community above their personal interests; the _____________ are best suited for this, due to their education

Potential problems: Creates an exclusive, elitist, and aristocratic system that is bound to create class conflict and disunity

Articles of Confederation, 1777-1789:(see short excerpt on next page)

While states developed their individual constitutions, the _______________________________ Congress drafted one for the states as a whole (the new nation)

o Created a “confederation” (association, league), which would be the first constitution of the United States

o The document was not particularly innovative; it mostly put into written form how the Congress had operated since 1775

o There was not much debate about the document, and the government it would create, as the war was the primary focus during these years

o Created an association of equals: each state had ___ vote regardless of size, wealth, population

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o Important laws needed the approval of 9 of the 13 stateso Had _____________________ powers on paper: could declare war, make treaties, adjudicate disputes between the

states, borrow and print money

I.The Stile of this Confederacy shall be "The United States of America".

II.Each state retains its sovereignty, freedom, and independence, and everypower, jurisdiction, and right, which is not by this Confederation expressly

delegated to the United States, in Congress assembled.III.

The said States hereby severally (respectively) enter into a firm league of friendship witheach other, for their common defense, the security of their liberties, and their

mutual and general welfare, binding themselves to assist each other, against allforce offered to, or attacks made upon them, or any of them, on account of

religion, sovereignty, trade, or any other pretense whatever.

Had significant weaknesses which eroded much of its paper-power:o No mechanism of enforcement (no executive)o Lacked the power to _______, and therefore, collect a steady stream of revenue for the war effort

States were supposed to collect taxes, relative to the value of their state’s land, and contribute it to the national government; this did not happen during the war, leaving Congress with a limited source of revenue

Struggled to pay the soldiers of the Continental Army, which moved them to ________________ on several occasions (see Zinn)

Had to borrow money by selling bonds (IOU’s) to investors and foreign governments, printing money called Continentals, and selling land out West (post-’83, after the conclusion of the war)

Printing more money devalued the currency (made it worth less); counterfeiting was a huge problem The financial chaos of this period created a need for a strong national financial system, which was eventually

approved under the ______________________ administration in 1791

Achievements of the Articles of Confederation:o Raised Continental Army o Negotiated treaty with __________________ that helped the Americans win the waro Provided for the orderly settlement of western lands, though at the expense of ________________________

Territories would become states as their populations grew (could become equal to the 13 states) Created a mechanism for selling and settling lands

Orderly grid system; minimum price per acre was set at $1; required that half of the townships be sold in large blocks, which only elites or well-to-do farmers could afford

_________________________ of 1787 (see image) Earmarked funds from land sales for the support of schools Congress would appoint a governor and judges to administer each new territory until the population

reached 5,000 adult men, at which point the citizens could elect a territorial legislature When population reached 60,000, the legislature could devise a republican constitution and apply to

join the confederation Prohibited slavery, though Northern states such as NJ and NY still permitted it

o The founders wanted yeoman farmers to populate western lands, not plantation owners who would drive out all white competition; thus, slavery was prohibited in this region for ________________________, rather than moral, reasons

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The demise of the Articles of Confederation: o Financial duress; postwar economic conditions were grim

Revolution had crippled American shipping and cut exports Britain barred trade with the British West Indies Low-priced British manufactures were flooding American markets, driving _________________ out of

business State governments were in debt due to the war effort

o Shays’ Rebellion (1786-7) (see below)o Emergence of the Nationalist Faction (see below)

____________ Rebellion, 1786-7: o Despite financial hard times, the MA state legislature voted to pay off the state’s war

debts by 1789; to do this, they kept increasing property taxes, which had a more “oppressive” impact than any tax levied by the British before the Revolution

o Creditors demanded payment of all debts Drastic reversal of the common custom of small farmers and poor laborers, who

traditionally repaid debts with goods/services, and were often given years to make good on their debts

Prospect of repayment in these tough times was simply not possible for small farmers/poor laborers

Farmers began holding public meetings to discuss these issues Petitioned state government for relief but merchant-dominated

legislature rejected their pleas

o Daniel Shays (see image, right), a Continental army veteran, led 2,000 men, many veterans of the Revolutionary War, in an attempt to close the _______________ in 3 counties to prevent the legal proceedings that would lead to foreclosure on farms

His men were beaten badly by state troops; uprising was crushed, but taxes were cut and Shays and his men were pardoned

Event showed that many felt that American oppressors had ____________________ British tyrants Rebellions spread to NY, CT, and NH, where debt-ridden farmers closed courthouses and coerced

governments to provide economic relief Britain predicted the imminent demise of the U.S.

Was never a real threat to the government but alerted many to the shortcomings and fragility of the national government under the _______________________________

Emergence of the _____________________ faction:o Conservative critics argued that the weak government was vulnerable to “mobocracy” and couldn’t sufficiently control

its citizens The rebels in Shays’ Rebellion were painted as “levelers” determined to “annihilate all debts public and

private” “We are fast verging to anarchy and confusion.” –Washington The Revolution seemed to have unleashed democratic impulses that elites felt needed to be controlled

o American leaders urged purposeful action to save the republican experiment Shays’ Rebellion provided “the strongest arguments possible” for the creation of a ________________ central

government

Shortly after Shays’ Rebellion, delegates met to promote interstate commerce (there were concerns over trade barriers some states were erecting to protect their own home industries), but, in light of Shays and criticism over Articles of Confederation in general, they called for a convention in __________________ to review the Articles of Confederation

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The Constitution (1789-present):

The Constitutional Convention, 1787:

All but 1 of the 55 delegates were wealthy property owners; 19 owned slaves Washington served as chairman All states sent delegates, except RI, who opposed ___________________ central

authority (think back to RI’s founding and this should make sense) Most of the attendees were not die-hard revolutionaries; notable figures like John

Adams and Thomas Jefferson were absent, serving as ministers to Britain and France Delegates were nationalists (see nationalist faction notes on previous page) who tended to view democracy as synonymous with

“mob rule”o Their aim was to create a republic whose laws were made by an elected representative legislature which was made up

of propertied and educated white meno Delegates were patriotic and supporters of republicanism, but they were not democrats

Decided to scrap the idea of revising the Articles of Confederation and instead consider James Madison’s ______________ Plan, which called for a powerful national government

o Madison is considered the “father”/architect of the U.S. Constitution and the Bill of Rights; was the preeminent republican political theorist of his generation

o Debate soon broke out over the VA Plan and its alternative, the NJ Plan

Note: The Constitution was written in 1787 at the Constitutional Convention but was not put into effect until _______, after ratification by the required 9 of the 13 states

The Virginia Plan, proposed by James Madison: The New Jersey Plan, proposed by William Paterson: Supremacy of national authority over states; nation could ________

state laws Bicameral (two-house) legislature based on ____________________

o Voters would only elect the lower house of the national legislature, which would then select the upper house

o Both would appoint the executive and judiciaryo Upper house would be insulated from democratic pressure

with longer terms in office (wouldn’t have to worry about getting reelected; would not have to please the masses)

o Representation would be based on population (the more people in your state, the more _______________________ you received)

o Met with opposition from smaller states, whose voice would be silenced by the more populous states

Also proposed a strong national government but the nation could not veto state laws

Unicameral (one-house) legislature: one vote per state (“_____________” representation), as in the Confederation Congress

o Smaller states stood to gain powero Met with opposition from more

populous states, who felt their larger populations ____________________ them to a greater say in government

Great Compromise, proposed by Roger Sherman (of CT): Also proposed a strong national government Created a bicameral legislature based on population _______ equal representation (thus, a

compromise between the VA and NJ Plans)o While larger states would have the advantage in the lower house, smaller states would at

least be on an equal footing in the upper house; still favored larger states more so than small states

o Though both chambers would serve as the lawmaking body, they were different in many respects (the relationship between the two houses is outlined on the next two pages)

The Preamble to the Constitution: Outlines the _________________ of the Constitution ______________________ of the United States, in Order to form a more perfect Union, establish Justice, insure domestic

Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and

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our Posterity, do ordain and establish this Constitution for the United States of America.

Historians debate what these phrases of the Preamble meant to the founders; most would agree on the following:o “…more perfect union” – cooperation among states, and between the states and the national governmento “…establish justice” – government based on fair lawso “…ensure domestic tranquility” – ensure peace and ordero “…provide for the common defense” – protect nation against enemieso “…promote the general welfare” – founders were too divided on this one for historians to reach a consensus; some had

a liberal interpretation of this clause, while others had a strict interpretation of this clause; depended on whether the founder was part of the Federalists or Democratic-Republican parties (we’ll discuss this in upcoming documents)

o “…secure the blessings of liberty to ourselves and our posterity” – guarantee freedom for Americans, now/in future

The Framework of the Constitution: Preamble : purpose of document Article 1 : Legislative: lawmaking Article 2 : Executive: law enforcing Article 3 : Judicial: law interpreting Article 4 : Relations among the states: treat citizens from other states as it treats own; return suspected criminals Article 5 : Amendment process: 2/3 vote of each house in Congress and ratification from 3/4 of the state legislatures Article 6 : Supreme law: federal law supersedes all state/local laws; when laws conflict, federal law reign supreme Article 7 : Ratification: 9 states must ratify the document before it goes into effect Bill of Rights : Added in 1791

Article 1 Summary—Legislative Branch:

Upper House (Senate)—General Lower House (House of Representatives)—General

Comprised of 2 senators from each state, __________________ of population

Appointed by state legislatures every ___ years (this changed in 1913, when the 17th Amendment was passed; Senators are now directly elected by the people of the states)

Longer terms would insulate senators from the people More elite chamber that serves to cool/steady the legislation coming from

the House Founders wanted a chamber that would be less subject to popular passions

and impulses, highlighting fear of “mobocracy” and tyranny majority "The use of the Senate, is to consist in its proceedings with more coolness,

with more system and with more wisdom, than the popular branch." – Madison

Comprised of delegates from each state apportioned based on population (more populous more delegates, more power)

“the people’s body” ______________ elected by the people in each

state every ___ years (according to electoral laws prescribed by each state)

Larger size and more frequent elections More democratic (directly elected by the

people of the states); more “volatile”

Joint Congressional Powers: Pass laws (must pass with a majority in both Houses), which are then sent to the president; can _______________ a presidential

veto to their legislation by 2/3 vote in each house Lay and collect taxes; pay the debts; borrow money; coin money Regulate commerce with foreign nations, and among the several states, and with the Indian tribes Provide for the common defense and general welfare of the United States Establish a uniform rule of naturalization (process for becoming a citizen) Establish post offices Promote the sciences/arts by securing for limited times to authors/inventors exclusive right to their writings/discoveries Declare war; raise and support an army and navy; call forth state militia to execute the laws of the union, suppress insurrections,

and repel invasions Oversees agencies to ensure laws are being carried out as intended (both are checks on presidential power) Can shape judicial jurisdiction (check on judicial power)

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Can propose a Constitutional amendment, which will then go to the states, 3/4 of which must ratify for amendment to be added

Congress’s most controversial powers: Congress shall . . . make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all

other powers vested by this Constitution in the government of the United States, or in any department or officer thereof This is referred to as the “_________________________,” because it has been interpreted as a way to give Congress the power

to stretch its listed powers What follows are some examples of the elastic clause in action:

o Expressed Power: collect taxes Implied power: punish tax evaders; use tax revenue to finance public schools, health, housing, etc.

o Expressed Power: Raise army/navy Implied power: ___________________ Americans into the militaryo Expressed Power: Regulate commerce Implied power: Establish a ______________________ wage; ban

discrimination in workplaces

Specific Powers in the House vs. Senate

Powers of the Senate Powers of the House

Confirms or ____________________ appointment of key officials appointed to office by the president (federal judges, dept. heads, ambassadors) (check on presidential power)

Ratifies/rejects treaties with other nations; thus, the Senate plays a more active role in foreign policy (check on presidential power)

Serves as a ______________ when a federal official is impeached by the House; decides whether or not the official will be removed from office; requires a 2/3 vote (check on House power)

Has the sole power to _________________ a federal official for treason, bribery, or other high crimes and misdemeanors (check on all institutions of government)

Has the sole power to introduce bills concerning finance (all revenue bills must originate in the House)

Article II Summary—Executive Branch:

Delegates were careful not to create an all-powerful, dictatorial presidency, yet they knew the executive had to carry significant weight; they believed the executive was necessary to the carrying out of the laws passed by the legislature

o Debates about the nature of the office began; some thought there should be one president, others a presidential council; some thought the president should be chosen by Congress and remain subservient to that body, while others wanted a strong president who would be elected independently of the legislative branch; Alexander Hamilton (who would go on to play a pivotal role in Washington’s administration) even proposed a constitutional monarchy headed by an American king!

o In the end, they felt that the checks and balances they had devised would protect the republic from a tyrannical presidency of one man; their fears were further diminished as it became more and more clear that Washington would be the first president; it was certain that he would be a virtuous leader

o Delegates also debated what to call the president; Adams suggested “____________________” while others recommended “His Elective Highness” until they settled on “Mr. President,” setting the standard for generations to come

Beyond detailing basic qualifications and powers, Article 2 on the presidency is very vague and briefo The delegates had no model, no existing presidency on which to base their description of the office (they invented the

office) o Their blind trust in Washington gave them confidence that this would work, and he would set the best example, which

many say he did

Formal powers and responsibilities of the presidency:o ______________________ of the army/navy

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o Power to grant pardons, except in cases of impeachmento Power to make treaties with foreign nations, with the consent of the _______________o Power to appoint cabinet members, ambassadors, judges, and other officers with the consent of the Senateo Power to convene Congress; deliver a state of the union to Congresso Caring for the faithful execution of the law (must see to it that the laws of Congress are implemented) o Power to veto laws coming from Congress (check on _________________ power)

Presidents serve ___-year terms; original Constitution did not set term limitso Until 1951, there were no term limits on the presidency; the 22nd Amendment (1951) states that presidents may serve

up to 2 terms, or a maximum of 8 yearso Prior to Franklin D. Roosevelt, few presidents attempted to serve more than two terms

Electoral College: (see The Electoral College document) o Delegates could not decide whether the president should be chosen by Congress or by popular election; the Electoral

College was their compromise States would vote for “____________________” who would then vote for the president To be president, one would need enough votes from enough states Thus, the President is _____ elected directly by the voters

Article III Summary—Judicial Branch:

Article 3 created one Supreme Court to hear cases and specified that Congress could establish lower courts

Gave the Court jurisdiction over all cases affecting ambassadors and disputes amongst states or citizens of different states, and appellate jurisdiction (hearing cases from lower courts on appeal)

o Congress was given discretion to shape jurisdiction through legislation (Congress could give the judiciary lots of appellate jurisdiction, a little, or none)

Authorized to hear actual cases and controversies only; power does not extend to cases which are ______________________

President appoints justices/judges; Senate confirms or rejects

Judicial independence:o Founders believed the judiciary should be “kept away” from the other branches of government and popular, partisan

influences o To promote such independence, the U.S. grants lifetime tenure for judges and forbids decreasing the salary of judges

during their service o Frees judges to decide cases and make rulings fairly, even if those decisions are politically _______________ or

opposed by popular interests

Founders agreed that the judiciary would be the least _________________ of the branches o “The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only

commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse…It may truly be said to have neither FORCE or WILL, but merely judgment.” – Alexander Hamilton, Federalist No. 78, 1788

Judicial review:o Refers to the power to declare national, state, and local laws ______________ if in violation of the Constitutiono Constitution does not expressly provide the judiciary with this power, but some have argued that it was implied and

most of the founders believed it was an appropriate power o “Where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the

Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental.” – Hamilton, Federalist No. 78, 1788

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o This issue would be resolved in Marbury v. Madison (1803), when the power of judicial review was established by the Court (this will be covered in Period 4)

The Constitution’s Political Philosophy:

Republicanism: o Republicanism is a form of government that adheres to the notion of popular sovereignty (government derives its

powers from the consent of the governed) and __________________________ (where citizens exercise their power through elected representatives)

o Ex: Representatives in the House are directly elected by the people of their states every 2 years

Separation of powers and checks and balances: o Assignment of law-making (legislative), law-enforcing (executive), and law-interpreting (judicial) so as to spread power o Gives each branch some scrutiny of and control over the other branches so as to avoid ____________________o Ex: President has power to make treaties with other nations but must attain Senatorial consent from 2/3 of that body

Limited government:o Government may only do those things that the people have given it the power to doo Government operates within certain bounds set by the Constitution (so as to avoid tyranny)o With the opportunity to amend the Constitution, the government is only limited if the _______________ choose to

keep it that way

____________________: o Division of power between a central/national government and regional/state governments (so as to spread power and

avoid tyranny)o Citizens are subject to both state and federal lawso Ex: Convention refused to set a property requirement for voting in national elections; left these issues to the states o Ex: States would select the electors who would choose the presidento Ex: To amend the Constitution the federal government and states must work togethero Amendment X: The powers not delegated to the U.S. by the Constitution…are reserved to the States.o By allowing the states to have important roles in the new system, the delegates hoped that their citizens would accept

limits on state sovereignty

Fear of pure democracy:o Many elements of the Constitution were engineered to ensure the elites would run the country so that the “excesses of

democracy” would be controlled Original Constitution elected senators by state _______________ as opposed to the people (not changed until

1913) Though the House was democratic, the representatives were only in office for 2 years; plus, most state

constitutions had conservative electoral laws, which would mean that most states would be voting in “respectable” delegates

o _________________ ensured uneducated masses didn’t elect someone unfit for the presidencyo Life terms of federal judges were instituted as a safeguard against majority tyranny; judges would not be elected by the

people

The Founders sought to create an enduring document:o Most evident through the _________________________ processo “Constitutions should consist only of general provisions: The reason is, that they must

necessarily be permanent, and that they cannot calculate for the possible changes of things.” – Alexander Hamilton (see image, right)

o By building in an amendment process in Article 5, the framers were allowing for formal changes to the Constitution; the founders hoped this flexibility would allow the Constitution and the government to endure

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o The process for amending the Constitution not easy; there are currently ___ amendments but over 11,000 have been introduced in Congress

Slavery & the Constitution:

Slavery was not a major topic of discussion at the convention Some delegates spoke out against the institution of slavery; even slave-owning delegates, like Madison, recognized that slavery

contradicted republican principles and hoped for its eventual demise Many supported an end to the Atlantic slave trade, though SC and GA angrily rejected this proposal; some slave-states, like VA,

actually supported abolishing the international slave trade because it would increase the value of their slaves o Convention compromised by denying Congress the power to regulate the international slave trade until 1808; only at

that point could Congress abolish (or choose not to abolish) it Jefferson, acting as president, would abolish the slave trade in 1808

In acknowledgment of the antislavery delegates, the Constitution does not mention the words slavery or slave; it speaks only of citizens and “all _____________________________”

__________________ clause was included to placate Southerners; allowed masters to reclaim enslaved blacks or white indentured servants who fled to other states

Debate ensued over how blacks would be counted for representation in the House of Representatives and taxes from the stateso Southerners wanted slaves counted as part of population (for representation purposes) but not when determining each

state’s share of taxes It is ______________ that Southerners wished to include slaves as part of their population since they

considered slaves propertyo Northerners wanted slaves to be counted when determining state taxes but not for representation since they could not

vote o Convention compromised by counting slaves as _________________ of a free person for purposes of both

representation and taxation Helped Southerners dominate the national government until 1860

For all of these reasons, the ___________________ is said to have sanctioned (authorized, endorsed, legitimized) slavery

Constitution Factionalizes the Country:

__________________ (those in favor of a strong central government) decided to call themselves Federalists, which implied support of a federal union—a loose, decentralized system—which obscured their commitment to big government

Those opposed to the Constitution were, by default, called the _____________________

Federalists Antifederalists Supported the idea of a strong

republican government that would be patriarchal and paternalistic

Believed that the ________________ would pollute the political landscape

Felt the __________________ would create order, stability, virtue, and prosperity

Elitist, conservative Principally merchants, manufacturers,

professionals; wealthier and educated Americans

Feared loss of __________ power Feared central government run by wealthy elite Wanted government close to the people Wanted “States United” rather than “United States” Argued that republican institutions were best suited to small polities (see

Rev. Inglis’s rebuttal to Paine) Wanted national government for trade and defense, nothing else Feared recreating British rule Wanted a specific listing of individual rights Felt the Constitution represented a _______________ of the ideals that had

motivated the Revolution Worried about the federal government’s power to tax; a federal court that

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Noteworthy men who supported the Constitution of 1787, which created a strong central government: Washington, J. Adams, Madison, Franklin, Jefferson*, Hamilton

could overrule state courts; no term limits for the executive; etc. Principally farmers and poorer classes; did not see how they would gain from

such a government Feared stronger government would destroy the liberties Americans had won

in the Revolution *When the Federalists became an official party during the Washington Administration, Jefferson would NOT be a member. Instead, he created the opposition party, the Democratic-Republicans. Thus, a “Federalist” in 1787 and 1795 meant different things.The Federalist Papers, 1787-’88:

Public debates between Antifederalists and Federalists were heated; __________ broke out in several cities in 1787 By mid-1788, 9 states had ratified the Constitution, thus making it the new supreme law of the land in those states

o The remaining 4—NY, VA, NC, and RI—had Anti-Federalist majorities who hated the new Constitution but knew they couldn’t survive for long without the other states

To build support for the Constitution in the face of criticism and fear, Alexander Hamilton, James Madison, and John Jay published a series of 85 essays now known as the Federalist Papers; extolled the benefits of a strong central government with ______________________________________________ so as to avoid tyranny

Federalist No. ___ was most convincing: o In response to the claim that republicanism could not work in such a large area as the United States, Madison argued

that a larger state would better protect republican liberty than a smaller nation “Extend the sphere and you take in a greater variety of parties and interest,” which would “inhibit the

formation of a majority eager to invade the rights of others.” Madison argued that minority rights would be better protected in a large republic because many diverse

factions would arise in such a large territory, preventing one from gaining too much power

The essays swayed many minds and provided invaluable insights to the thinking and intentions of the Constitution’s framers The essays, along with an agreement to add a Bill of Rights (see below), led to ratification

o The vote was close in many state ratification conventions

The Bill of Rights, 1791:

The 4 Antifederalist strongholds—NY, VA, NC, RI—agreed to ratify the Constitution only if the document was amended to include a list of undeniable rights and liberties of the people

Federalists had argued that a bill of rights was unnecessary in Federalist No. 51: Even if one branch of the new national government tried to curtail the individual rights of citizens, the other branches would act to prevent such abuses due to separation of powers / checks and balances built into the Constitution

The Bill of Rights (the 1st 10 amendments) was drafted by Madison o These ten amendments promised and protected such basic rights as freedom of

speech, press, assembly, and religiono Represent the important constitutional ______________ of the Antifederalists

I: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

II: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

III: No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

IV: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

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V: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

VI: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

VII: In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

VIII: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

VIX: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

X: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Note: It was not until the 20th century that states were bound by the amendments above. This helps to explain why institutions like established churches, for example, existed in some states throughout the 19th century, despite the First Amendment’s establishment clause.

Relationship between the Founding Documents:

The Declaration and the Constitution are collectively called the “founding documents” The Declaration is a vision (more radical): the principles set forth are applicable to all people across time The Constitution is an attempt to make that vision a reality: a form of government meant for a specific people Based on the description above, determine if the statements below come from the Declaration or Constitution:

o 1)__________________: When in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another…they should declare the causes which impel them to the separation.

o 2)__________________: No title of nobility shall be granted by the United States.o 3)__________________: The Congress, whenever two thirds of both houses shall deem it necessary, shall propose

Amendments…o 4)__________________: We hold these truths to be self-evident, that all men are created equal, that they are

endowed by their Creator with certain unalienable rights…

Interpreting the Constitution:

Debates during the 1st administration would lead to disagreement regarding how the Constitution should be interpreted This debate remains today: consider which interpretations the parties of today would likely endorse

Strict Construction / Originalism Loose Construction / Interpretivism Only do what the Constitution

specifically says you can do C____________________ use of

“elastic clause Emphasis on 9th and ____ amendments Supported by those suspicious of big

Government has implied powers and should use them to promote the general welfare (general welfare is referenced in the preamble and Article 1)

L______________ use of the “elastic clause” In the early republic, this camp was made up of “conservatives” Most of the __________________ maintained this position (Washington,

Hamilton, Adams), with the exception of Jefferson (though during his 16

government In the early republic, this camp was

more “democratic”

presidency he would sometimes endorse interpretivism)

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