The Constitution

Chapter 2

You think you know…

British Colonial Rule

Powerful British Government

GA MA NY

Political Subunits (Colonies)

Unitary System – all power flows from one central government

The Origins of a New Nation

• Colonists came to the New World during the

1600s for a variety of reasons including

– to escape religious persecution

– find plentiful land

– and to seek a new start in life.

• The colonists were allowed significant liberties in

terms of self-government, religious practices, and economic organization.

Trade and Taxation

• The British followed a national policy of

mercantilism.• The colonists were outraged. Violent protests

began.• The Sons of Liberty were

organized by Samuel Adams

and Patrick Henry to act out

against the Crown.

The First Continental Congress

• The Continental Congress met in

Philadelphia in September and October 1774.• They were not yet thinking of open rebellion.• They called for colonial rights of petition and

assembly, trial by peers, freedom from a standing army, and the selection of representative councils to levy taxes.

The Second Continental Congress

• King George refused the demands of the Continental Congress.

• Thus the Second Continental Congress

convened on May 10, 1775, and were

united in their hostility toward Britain.

• King George sent 20,000 more troops

and the Revolutionary War had begun.

Bill the Bulwark

The ideologies of _________ &

________ inspired Thomas

Jefferson to write the Declaration

of Independence.

Declaration of Independence

• Written by Thomas Jefferson

• Inspired by John Locke

• D of I opens with Jefferson invoking Locke philosophy… “Life, liberty, pursuit of happiness”

• Jefferson continues by listing grievances against George III for violating inalienable rights

• declares US independence

The Articles of Confederation

• The colonists wanted a constitution--a writtendocument that defines rights and obligations andputs limits on government.

• The colonists created a loose league of friendship under "The Articles of Confederation.“

• The Articles were created predominantly as reaction to the unitary system used in Britain in which all of the power and sovereignty is vestedin the central government.

Articles of Confederation

1781 – 1789 – RIP

Confederate System – power concentrated in political subunits (states) with a weak central government (typically unite for a common goal)

GA MA NY

Congress

Articles of Confederation

• 1781-1789

• Original American gov’t system

• Weak central gov’t

• Individual and state liberties not threatened

• No executive (they hated kings)

• Confederacies are usually unstable

A of C – Weaknesses

• Article II – “Each state retains its sovereignty, freedom, and independence.” Gov’t has no control

• Unicameral Congress (one house) with one vote per state– Supermajority (9 of 13) to pass a law– Supermajority (13 of 13) to amend

• No Executive (No President), no central authority• No Federal Judiciary (No Supreme Court), no

central law• No control of taxation, commerce between states or

with foreign nations, money system

AOC…RIP

Bill the Bulwark

What event illustrated the

Weaknesses of the Articles

of Confederation system

of government?

Shays’ Rebellion

• Colonies were in debt after the war, central gov’t tried to raise taxes

• Farmers in western Massachusetts rebelled against tax they could not afford

• Rebelled against foreclosures, forced judges out of court, freed debtors from jail

Shay’s Rebellion

• Showed that national gov’t was weak, needed to seek a stronger national gov’t

The Baron de Montesquieu

• "In republican governments, men are all equal; equal they are also in despotic governments: in the former, because they are everything; in the latter, because they are nothing."

• MontesquieuThe Spirit of LawsBk. VI, Ch. 2

The Constitutional Convention

• 1787• Revising the A of C• Demographics of Delegates

-55 delegates (none from RI)-33 Lawyers-half were college graduates-7 former governors-7 plantation owners-8 business leaders-age 26-81 (avg. age 42)-all male, all white

Federalists v Anti-Federalists

Who? Property owners, landed rich, merchants of NE and Mid Atlantic states

Philosophy? Elite, saw themselves and those of their class as the only ones fit to govern

Type of government favored? Powerful central gov’t with 2 houses of legislature (6 yr term for the upper house)

Who? Small farmers, shopkeepers and laborers

Philosophy? Believed in the decency of the common man and in participatory democracy, viewed elites as corrupt

Type of government favored? Wanted strong state governments

Two “Revision” Plans

• Virginia Plan– Favored large states– Strong central government– Bicameral (two house) legislature – larger

house elected by the people (House of Representatives, and a smaller house that was selected by larger house (Senate)

• (This would change in the 17th Amendment)

Two “Revision” Plans

• New Jersey Plan– Agreed with strong central government…BUT– Congress would be unicameral (one house)

with states having equal votes– Did not want large population states to

dominate the legislature

Great Compromise(Connecticut Compromise)

• A bicameral legislature in which the House of Representatives membership apportioned according to the state populations, plus 3/5 the slave population

• An upper house, the Senate, which would have two members from each state, elected by the state legislature (popularly elected today)

Constitution

ExecutiveLegislative

Judicial

Central US government

VA NJ SC

State governments

Federal System – powers are divided and/or shared between state and central governments (Current gov’t designed by framers)

Three-fifths Compromise

• Southerners wanted slaves counted for the purposes of voting, but not for

• Agree to allow the South to count 3/5 the population in each state to balance the power of North and South

Madisonian Principles of Gov’t in the Constitution

• Popular Sovereignty – power to govern belongs to the people, gov’t based on the consent of governed

• Separation of Powers – division of gov’t between branches: executive, legislative and judicial

• Checks and Balances – a system where branches have some authority over others

• Limited Government – gov’t is not all-powerful, and it does only what citizens allow

• Federalism – division of power between central government and individual states

Separation of Powers

• Prevents an all-powerful ruling body

1. Legislature – passes law (Congress)

2. Executive – enforces law (President)

3. Judiciary – interprets law (Supreme Court)

Amending the Constitution

• Meant to be difficult

• Require action from national and state gov

• Amendment proposed by 2/3 vote in each house of Congress and ratified (accepted) in at least ¾ of state legislatures

Federalist Papers

• Annoyingly hard to read

• Best political theory ever written in US

• Written by Alexander Hamilton, James Madison, and John Jay

• Publius

• Convince public for ratification

Federalist #10

• Madison addresses biggest fear of gov’t

• Faction – a group in a legislature or political party acting together in pursuit of some special interest (think fraction – ½, 1/3, etc)

• Founding fathers were concerned that our government would be ripped apart

• Madison defends our national Constitution

Federalist #10

• Separation of Powers check the growth of tyranny

• Each branch of government keeps the other two from gaining too much power

• A republic guards against irresponsible direct democracy or “common passions”

• Factions will always exist, but must be managed to not severe from the system.

Anti-Fed Response

• Central gov’t would threaten liberty

• Aristocratic tyranny could happen

• Demanded a guarantee of individual rights and liberty

• States power was too limited

Bill of Rights

• 10 amendments to the Constitution

• guaranteed individual freedoms and rights

• limited power of national government, guaranteed rights to states

• Ratified in 1789, Bill of Rights added 1791