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Copyright © 2012 Cengage Learning
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NORTH WIND / NORTH WIND PICTURE ARCHIVES
CHAPTER 2: LEARNING CHAPTER 2: LEARNING OBJECTIVESOBJECTIVES
The Beginnings of a New NationUnderstand the origins and causes of
the American RevolutionDescribe the first national government
under the Articles of Confederation, its weaknesses and struggles
Copyright © 2012 Cengage Learning
CHAPTER 2: LEARNING CHAPTER 2: LEARNING OBJECTIVESOBJECTIVES
The Constitutional ConventionCompare and contrast the various plans
for the new Constitution and obstacles to agreement among the colonies
The New ConstitutionUnderstand how sovereign powers were
divided in the new government
Copyright © 2012 Cengage Learning
CHAPTER 2: LEARNING CHAPTER 2: LEARNING OBJECTIVESOBJECTIVES
The Ratification BattleEvaluate the advantages enjoyed by
those seeking to ratify the new Constitution
Assess the role that the Federalist Papers played in ratification
Explain the origins of the Bill of Rights and its role in securing ratification
Copyright © 2012 Cengage Learning
CHAPTER 2: LEARNING CHAPTER 2: LEARNING OBJECTIVESOBJECTIVES
Changing the ConstitutionDescribe the process of amending the
ConstitutionAssess informal types of constitutional
change, including different forms of constitutional interpretation
Copyright © 2012 Cengage Learning
THE POLITICS OF THE AMENDING THE POLITICS OF THE AMENDING PROCESS: NOW & THENPROCESS: NOW & THEN
The arduous process of changing the Constitution produces few outright amendments
It can however, provide political victories to those who advocate change
Copyright © 2012 Cengage Learning
Copyright © 2012 Cengage Learning
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NOW… FIRST AMENDMENT NOW… FIRST AMENDMENT PROTECTION OF FREE PROTECTION OF FREE
EXPRESSIONEXPRESSION In 1989 the Supreme Court ruled that
burning the U.S. flag in protest was protected by the First Amendment
Numerous unsuccessful attempts have been made to overrule this unpopular decision via constitutional amendment
Copyright © 2012 Cengage Learning
THEN… THE FIRST AMENDMENT’S THEN… THE FIRST AMENDMENT’S ESTABLISHMENT CLAUSEESTABLISHMENT CLAUSE
National Reform Association: a Civil War Protestant coalition - argued the war was punishment for God’s omission from Constitution
Unsuccessfully sought an amendment acknowledging God, and professing that civil governments derive legitimacy from God in general, and Jesus in particular
Copyright © 2012 Cengage Learning
Copyright © 2012 Cengage Learning
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Senator Charles Sumner(R.-Mass), a key supporterof efforts to pass the so-called “Christianamendment.”
THE POLITICS OF THE AMENDING THE POLITICS OF THE AMENDING PROCESS: NOW & THENPROCESS: NOW & THEN
Amending the Constitution “is a delicate endeavor and should be done only on the basis of the most clear and convincing evidence that a proposed amendment is necessary.” Nebraska Senator Ben Nelson
On average there has been just one amendment every 13 years since 1791
Copyright © 2012 Cengage Learning
THE BEGINNINGS OF A NEW THE BEGINNINGS OF A NEW NATIONNATION
Colonial political structures through the early 1760s roughly paralleled England’s: Royal Governor Governor’s Council, and General Assembly
Diverse histories and economies provided little incentive for colonies to join together to meet shared goals
Copyright © 2012 Cengage Learning
THE FRENCH AND INDIAN WAR: THE FRENCH AND INDIAN WAR: 1754 - 631754 - 63
The French fought the British for control of the North American empire
Treaty of Paris (1763): Gave Britain all territory from the Arctic Ocean to the Gulf of Mexico between the Atlantic Ocean and the Mississippi River
New Orleans was ceded to Spain, an ally of Britain during the war
Copyright © 2012 Cengage Learning
BRITISH ACTIONSBRITISH ACTIONS
Imposed measures to help pay war debts and share costs of the empire
Proclamation of 1763: Restricted the colonial fur trade
Sugar Act (1764): Increased duties on sugar
New duties on textiles, coffee, indigo wines
Doubled duties on foreign goods from England
Copyright © 2012 Cengage Learning
STAMP ACT (1765)STAMP ACT (1765)Taxed the purchase of newspapers,
pamphlets, almanacs, and commercial and legal documents
Angry colonists attacked stamp agents, destroyed stamps, and boycotted British goods
Repealed in 1766, after English merchants complained about their loss of revenue
Copyright © 2012 Cengage Learning
Copyright © 2012 Cengage Learning
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Patrick Henry, a leading revolutionary who coined the phrase “Give me liberty or give me death,” speaking before the Virginia House of Burgesses in 1775.
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COLONIAL RESPONSESCOLONIAL RESPONSES
Intercolonial Stamp Act Congress: Met in New York City in 1765
First congressional body in America
Declaration of Rights and Grievances: Acknowledged allegiance to the Crown, but
Objected to taxation without representation
Copyright © 2012 Cengage Learning
ADDITIONAL BRITISH ACTSADDITIONAL BRITISH ACTS
Townshend Acts (1767): Imposed duties on various imported items, and created a collection and enforcement board
The Tea Act (1773): Relaxed export duties and allowed the British East India Company to sell its tea in the colonies, undercutting colonial merchants
Copyright © 2012 Cengage Learning
BOSTON TEA PARTYBOSTON TEA PARTY
December 16, 1773: Colonists disguised as Mohawk Indians
boarded ships in the Boston Harbor, and threw their cargoes of tea overboard
Intolerable Acts (aka Coercive Acts): Closed the port of Boston Revised the Massachusetts government Required that colonists quarter British troops
Copyright © 2012 Cengage Learning
FIRST CONTINENTAL CONGRESSFIRST CONTINENTAL CONGRESS
September 1774: fifty-six leaders from twelve colonies (no Georgia delegates) met in Philadelphia
Encouraged colonial militias to arm themselves
Began to collect and store weapons in an arsenal in Concord, Massachusetts
Copyright © 2012 Cengage Learning
LEXINGTON AND CONCORDLEXINGTON AND CONCORD
Massachusetts’ British governor general ordered troops to seize the weapons
Troops met a small force of colonial militiamen at Lexington
Shots were exchanged, then troops marched to Concord and encountered a much larger group of colonial militia
The American Revolution had begunCopyright © 2012 Cengage Learning
Copyright © 2012 Cengage Learning
Top Ten Most Important Founders
SECOND CONTINENTAL SECOND CONTINENTAL CONGRESSCONGRESS
May 1775: All thirteen colonies were represented
Established a continental army and appointed George Washington as its commander in chief
Initiated independence for the colonies and the formation of a new nation, the United States of America.
Copyright © 2012 Cengage Learning
THE DECISION FOR THE DECISION FOR INDEPENDENCEINDEPENDENCE
Common Sense: Thomas Paine’s publication which
converted many wavering Americans to the cause of independence
Declaration of Independence:Authored primarily by Thomas Jefferson Formally adopted on July 4, 1776Restated John Locke’s theories of
natural rights and social contractCopyright © 2012 Cengage Learning
Copyright © 2012 Cengage Learning
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Declaration ofIndependenceFormal document listing colonists’grievances and articulatingthe colonists’ intention toseek independence; formallyadopted by the Second ContinentalCongress on July 4,1776.
THE FIRST NATIONAL THE FIRST NATIONAL GOVERNMENT: THE ARTICLES OF GOVERNMENT: THE ARTICLES OF
CONFEDERATIONCONFEDERATION Initially adopted in 1777, formally ratified
by all thirteen states in1781Created a “league of friendship” among
sovereign and independent statesThe sole body of the new national
government was a Congress, in which each state had one vote
Copyright © 2012 Cengage Learning
LIMITATIONS OF THE ARTICLES LIMITATIONS OF THE ARTICLES OF CONFEDERATIONOF CONFEDERATION
Congress could wage war and make peace, coin money, make treaties and alliances with other nations, operate a postal service, and manage relations with the Native Americans
Congress had no power to raise troops, regulate commerce, or levy taxes, which left it dependent on state legislatures
Copyright © 2012 Cengage Learning
Copyright © 2012 Cengage Learning
ANNAPOLIS CONVENTIONANNAPOLIS CONVENTION
September 1786: only five states (New York, New Jersey, Pennsylvania, Delaware and Virginia) sent delegates
Called upon all thirteen states to attend a convention the following May “to render the constitution of the federal government adequate to the exigencies of the Union”
Copyright © 2012 Cengage Learning
SHAYS' REBELLIONSHAYS' REBELLION
Daniel Shays was one of many debt-ridden farmers in Massachusetts, where creditors controlled the state government
Stormed two courthouses and a federal arsenal in protest against foreclosures on the farmers’ mortgages
Message: a weak and unresponsive government carried with it the danger of disorder and violence
Copyright © 2012 Cengage Learning
Copyright © 2012 Cengage Learning
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Daniel Shays leads a rebellion of farmers to a Massachusetts courthouse in 1786to protest the state legislature’s inaction.
THE CONSTITUTIONAL CONVENTION
May 25, 1787: delegates from 12 states met over four months
Primary concerns: 1. Foreign trade2. Economic radicalism3. Protection against Native American violence4. Worsening postwar economic depression
Copyright © 2012 Cengage Learning
Copyright © 2012 Cengage Learning
Washington was elected president of the Constitutional convention in Philadelphia.
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PLANS AND COMPROMISESPLANS AND COMPROMISES
Virginia Plan, aka “large states plan”New Jersey Plan Primary differences:
single vs. bicameral legislature
equal representation vs. representation based upon population
Both plans rejected a significant executive branch
Copyright © 2012 Cengage Learning
THE GREAT COMPROMISE AKA THE GREAT COMPROMISE AKA THE CONNECTICUT COMPROMISETHE CONNECTICUT COMPROMISE Critical Features:
1. Bicameral legislature: Senate - two representatives from each
state House of Representatives - apportioned
by population
2. Guaranteed that all revenue bills would originate in the lower house
Copyright © 2012 Cengage Learning
Copyright © 2012 Cengage Learning
THE SLAVERY ISSUETHE SLAVERY ISSUEMaryland, Virginia, North and South
Carolina, each had over 100,000 slavesVermont, New Hampshire, Rhode Island
and Connecticut had 4000Maine and Massachusetts banned
slaveryAbolition advances were matched by a
slave population doubling every two decades
Copyright © 2012 Cengage Learning
Copyright © 2012 Cengage Learning
An iron slave coffle used to secure enslaved Africans in a chain gang
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COMPROMISESCOMPROMISES
Three-Fifths Compromise:Five slaves would be the equivalent of
three “free persons” for purposes of taxes and representation
Congress was forbidden from banning slave importation for at least twenty years
Copyright © 2012 Cengage Learning
Copyright © 2012 Cengage Learning
Figure 2.1 Concentration of Slavery (by County) circa 1790
Source: From the Web site for the “GIS for History” project at the University of Illinois at Chicago, http://gis.uchicago.edu/data.htm
THE NEW CONSTITUTIONTHE NEW CONSTITUTION
Governing principles: Popular Sovereignty Separation of Powers Checks and Balances Federalism Enumerated Powers Flexibility – a “living” Constitution
Copyright © 2012 Cengage Learning
Copyright © 2012 Cengage Learning
Copyright © 2012 Cengage Learning
Figure 2.2 Checks and Balances in the U.S. Constitution
Copyright © 2012 Cengage Learning
Benjamin Franklin at the time of the Constitutional Convention—statue, Franklin Institute, Philadelphia.
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THE RATIFICATION BATTLETHE RATIFICATION BATTLE
Federalists versus Anti-Federalists
Federalists’ tactical/structural advantages: Nonunanimous consent
Special “ratifying conventions”
The rule of secrecy
Winter conventions limited rural participation
Copyright © 2012 Cengage Learning
THE FEDERALIST PAPERSTHE FEDERALIST PAPERS
77 essays James Madison, Alexander Hamilton, and John Jay wrote explaining and defending the new Constitution and urging its ratification
Signed under the name “Publius,” and printed in newspapers and magazines
Collected, printed, and published in book form titled, The Federalist
Copyright © 2012 Cengage Learning
Copyright © 2012 Cengage Learning
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Portrait of James Madison, the “Father of the Constitution.”
AMERICAN GOVERNMENT AMERICAN GOVERNMENT IN IN HISTORICAL PERSPECTIVE:HISTORICAL PERSPECTIVE:
THE CONTINUING CALL TO THE FEDERALIST PAPERS
1905: Lochner v. New York - Advocates on both sides cited the Federalist Papers to bolster their arguments
1996: Clinton cited Federalist No. 51 to defend a controversial welfare reform bill
Copyright © 2012 Cengage Learning
Copyright © 2012 Cengage Learning
President Bill Clinton listens to former welfare mother Rhonda Costa in 1998. Two years earlier, Clinton signed a major welfare bill that shifted primary responsibilities for overseeing welfare to the 50 state governments.
JOYCE NALTCHAYAN/AFP/GETTY IMAGES
TABLE 2.3: RATIFYING THE TABLE 2.3: RATIFYING THE CONSTITUTION CONSTITUTION
Copyright © 2012 Cengage Learning
BILL OF RIGHTSBILL OF RIGHTS
Thomas Jefferson and many others stressed the need for amendments to the Constitution expressly protecting fundamental individual rights
Ten of twelve proposed amendments were ratified by the required nine states by December 15, 1791, and comprise the Bill of Rights
Copyright © 2012 Cengage Learning
CHANGING THE CONSTITUTION
The Formal Amendment Process Proposal:
1. Two-thirds vote of both houses 2. Two-thirds of the state legislatures request a
special national convention Ratification:
1. Three-fourths of the state legislatures 2. Special ratifying conventions held in three-fourths
of the states
Copyright © 2012 Cengage Learning
Copyright © 2012 Cengage Learning
Figure 2.3 How an Amendment Gets Proposed and Ratified
Copyright © 2012 Cengage Learning
Copyright © 2012 Cengage Learning
YOUR PERSPECTIVE ON YOUR PERSPECTIVE ON AMERICAN GOVERNMENTAMERICAN GOVERNMENT
University of Texas student Gregory Watson’s 1982 government assignment
Chose the amendment proposed in 1789, to forbid Congressional pay raises from taking effect until an intervening election had occurred
Given a “C”, but began his quest for ratification which was realized in 1992
Copyright © 2012 Cengage Learning
YOUR PERSPECTIVE ON YOUR PERSPECTIVE ON AMERICAN GOVERNMENTAMERICAN GOVERNMENT
What amendments to the Constitution would you like to see implemented?
Would you be willing to sacrifice your own time, energy, and resources to organize interest group activities on its behalf?
Copyright © 2012 Cengage Learning
INFORMAL PROCESSES OF INFORMAL PROCESSES OF CHANGECHANGE
How much discretion is justified in the process of constitutional interpretation?
Loose construction Open-ended interpretations utilizing
implied powersStrict construction A fixed constitution that can be changed
only by formal amendment, not by congressional action or judicial ruling
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AMERICAN GOVERNMENT . . . IN AMERICAN GOVERNMENT . . . IN POPULAR PERSPECTIVEPOPULAR PERSPECTIVE
State of the Union 1/27/2010:48 million Americans watched live
coverage on one of 11 major TV and cable networks
Now that the speech is broadcast on the Internet and elsewhere, is this type of wall-to-wall coverage necessary?
Copyright © 2012 Cengage Learning
AMERICAN GOVERNMENT . . . IN AMERICAN GOVERNMENT . . . IN POPULAR PERSPECTIVEPOPULAR PERSPECTIVE
Given increased polarization of the two major political parties, should the president use his address to build bridges, or to announce new (and potentially controversial) policies?
What would you like to see the president emphasize in his State of the Union Address?
Copyright © 2012 Cengage Learning
AMERICAN GOVERNMENT . . . IN AMERICAN GOVERNMENT . . . IN POPULAR PERSPECTIVEPOPULAR PERSPECTIVE
Currently the opposition party is afforded a brief “response to the State of the Union Address” by one of its leaders live on all the networks -
Would you prefer a more direct give-and-take (i.e. a debate) between party leaders? Or is our current tradition of “duelling addresses” sufficient?
Copyright © 2012 Cengage Learning
Copyright © 2012 Cengage Learning
Obama giving the State of the Union Address with Biden and Pelosi behind him.
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NOW & THEN: MAKING THE NOW & THEN: MAKING THE CONNECTIONCONNECTION
The Constitution is the cornerstone of a political system that encourages discussion, debate, and sometimes conflict … while only occasionally being subject to formal change
How has the federal Constitution survived so long, and in nearly the same exact form as the original?
Copyright © 2012 Cengage Learning
Copyright © 2012 Cengage Learning
Secretary of State Hillary Clinton greets India’s Foreign Minister
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POLITICS INTERACTIVE!POLITICS INTERACTIVE!
Constitutional Technicalities ... Meet Political Reality:
Senator Hillary Clinton’s appointment as secretary of state: Salary increased from $186,600 to $191,300
Did this violate Article One, Section 6 of the Constitution and bar Clinton’s appointment?
Copyright © 2012 Cengage Learning
Copyright © 2012 Cengage Learning
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Former Attorney General William Saxbe
POLITICS INTERACTIVE!POLITICS INTERACTIVE!
www.cengage.com/dautrich/americangovernment/2e
December 2008, Congress passed legislation cancelling all salary increases made during Clinton’s Senate term
Is this Constitutional?
Are there any victims of this type of effort used to circumvent plain constitutional language?
Copyright © 2012 Cengage Learning