Foundations of Foundations of American GovernmentAmerican Government

Colonies to ConstitutionColonies to Constitution

The Declaration of Independence

• 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, that among these are Life, Liberty, and the pursuit of Happiness. –That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.

The Declaration of IndependenceThe Grievances

• Second part; “He has . . .”• Lawyer-like dissertation making the case

against Great Britain• Taxation without representation• Unjust trials• Quartering British soldiers• Abolition of colonial assemblies• Policy of mercantilism

The Declaration of IndependenceThe Statement of Separation

• Last four paragraphs• Announcing to the world that the colonists

had no choice but to revolt• Not only the colonists’ right, but their duty to

change the government that oppresses• “…we mutually pledge to each other our Lives,

our Fortunes, and our sacred honor.”

WE’RE A COUNTRY

NOW WHAT!

“Be careful what you wish for ‘cause you

just might get…”

What problems did the new nation face?

To-Do List– Win a war against the British.

• We don’t have a national army.• We aren’t trained or ready

– Organize new state governments.• Most states have their own constitution by now.

– Establish a national government.• Most people felt a stronger loyalty to their state than

the entire nation.

European Historical Influences– Hebrews - Ten Commandments

• laws based on morals

– Greeks - Direct Democracy• everyone participated directly (smaller society)

– Romans - Classical Republic• elect people to represent you. • People practice “civic virtue”. • Promotion of the common good. Moral education.

Influences on early US GovernmentInfluences on early US Government((where did our ideas come from?)where did our ideas come from?)

Influences on early US GovernmentInfluences on early US GovernmentPrevious experience with English procedures

– English Law– Contracts, Juries, stare decisis

– English Tradition• Natural rights:

– rights inherent in human beings, not dependent on government

• Consent of the governed:– government derives its authority by sanction of the people

• Limited Government:– certain restrictions should be placed on government to protect

natural rights of citizens

– English Religion (mix of Protestantism and Catholicism)

Old English Documents– Magna Carta

• (1215) first document to limit the King’s power• Established Due Process

– Habeas Corpus Act • (1678) government must tell you what you are being held for and

show evidence against you.– Petition of Right

• (1628) Government could not tax without consent• Government could not quarter troops

– English Bill of Rights• (1689) Parliament replaced dominant power of King (legislative

supremacy)• Trial by jury• No cruel and unusual punishment• Right to bear arms

Influences on early US GovernmentInfluences on early US Government

The Rise of Republicanism

• Colonists opposed to any strong central government in the colonies

• Opposed to rule by the British• Opposed to any permanent Union of the

States• Each state was seen as the sovereign

authority and the only legitimate ruling force

Articles of Confederation• First functioning Government• Ratified in 1781

– While Revolution is in progress• Most real power with the States

• Individual interests were very diff.• Lots of quarrelling between the

states• Just one Congress

– Unicameral (one house)– each State had 1 representative– it took 9/13 States to pass a law– it took 13/13 States to approve a

treaty or amend the Articles– No executive or judicial branch– Could pass laws, make treaties,

declare war & pace, borrow money, and create a postal system

Articles of Confederation has Problems

Weaknesses of the A of C1. Congress couldn't require States to obey national laws

(no Judicial branch)2. The central government has little power over foreign

trade3. The Confederation has no effective military force.4. Each state issues its own coins and paper money5. The Confederation must ask states for money to support

the federal Government6. Changes in the Articles require a unanimous vote of the

thirteen, makes it impossible to change the constitution7. At least nine states are required to decide major issues

We NEED a stronger Government!!!• “Shays Rebellion” scares a lot of

people– A Small Rebellion of Massachusetts farmers– Series of attacks on courthouses by a small

band of farmers led by Revol.War Captain Daniel Shays to block foreclosure proceedings

– Economic elite concerned about Articles’ inability to limit these violations of individual’s property rights

• Can’t decide what to do with the Northwest Territory

• Have a ‘Constitutional Convention,’ to rework the Articles– Philadelphia in May 1787

• End up creating a new Constitution

The Philadelphia ConventionThe U.S. Constitution was developed in 1787 at the Philadelphia Convention. Decide if each statement about the Convention below is true (T) or false (F). Rewrite any false statements to make them true.

1. ____ Delegates from all thirteen states attended the Philadelphia Convention.

2. ____ Thomas Jefferson was the primary writer of the Constitution.

3. ____ The Three-Fifths Compromise dealt with the question of how to count slaves for taxation and representation.

4. ____ The New Jersey plan proposed that representation in a national legislature should be based on population.

5. ____ Most delegates to the Convention were wealthy male landowners.

6. ____ The discussions of the Philadelphia Convention were kept secret from the public.

7. ____ Most delegates to the Convention had little political experience.

Constitutional Convention• 55 delegates from 12 states

meet ‘for the sole and express purpose of revising the Articles of Confederation’– “the well-bred, the well-fed, the

well-read, and the well-wed”– Average age is 42, 2/3 lawyers, 1/3

owned slaves– Had political experience, from cities

• No Rhode Island, John Adams, Thomas Jefferson, Sam Adams, John Hancock, or Patrick Henry!

• Father of the Constitution– James Madison of Virginia– Spoke over 200 times– Took extensive notes

The Philadelphia Convention• Philosophy into Action

– Human Nature• which is self-interested

– Political Conflict• which leads to factions

– Objects of Government• including the preservation

of property

– Nature of Government• which sets power against

power so that no one faction rises above and overwhelms another

Constitutional Conflict!!!

• Virginia Plan– Strong national government– Three branches of government

• (legislative, executive, judicial)

– Two houses of congress, based on population– Big states like it!

• VA, Penn, NC, Mass, NY, MD

JUST before was voted on, NJ introduced a new plan

• New Jersey Plan– Three branches (same three)– ONE house – equal representation– Two executives

Issues of Equality

Which plan favored a more powerful central government?

Virginia Plan

New Je

rsey Plan

50%50%1. Virginia Plan2. New Jersey Plan

Constitutional Compromise• Connecticut Compromise

– Roger Sherman of Conn presents the compromise

• House of Reps is based on population• Senate has two representatives per state

(equal representation)

• Issues of North v. South– South wanted slaves to be counted in

population– Elbridge Gerry (Mass) said “Blacks are

property and are used to the southward as horses and cattle to the northward” If you want slaves to count “make them citizens and let them vote.”

Slavery and the Constitution• Issue of Slavery

• Declaration of Independence is beginning to change people’s attitudes towards slavery

• South Carolina and Georgia threatened to leave the Union

• James Madison (Father of the Constitution) comes up with a compromise– 3/5 Compromise• Made a mockery of the Declaration• 3/5 of slaves were counted, for

representation purposes• Ended the slave trade coming IN to the

country in 20 years (1808)

The Agenda in Philadelphia• The Individual Rights Issues

– Some were written into the Constitution:

• Prohibits suspension of writ of habeas corpus

• No bills of attainder• No ex post facto laws• Religious qualifications for holding office

prohibited• Strict rules of evidence for conviction of

treason• Right to trial by jury in criminal cases

– Some were not specified• Freedom of speech and expression• Rights of the accused

The Madisonian Model

• To prevent a tyranny of the majority, Madison proposed a government of:– Limiting Majority Control– Separating Powers– Creating Checks and

Balances– Establishing a Federal

System

• Federalist Paper #51

The Madisonian Model

The Madisonian Model

The Madisonian Model

• The Constitutional Republic– Republic: A form of government in which the

people select representatives to govern them and make laws

– Favors the status quo – change is slow

• The End of the Beginning– The document was approved, but not

unanimously. Now it had to be ratified.

What about the Executive Branch?• Chief Executive

– One?– Two?/Three?– How long should the

President serve?

• How to choose?– Congress picks the

President?– People elect him?– Electors from each state?– Electoral College?

The Executive• Single chief executive• Electoral College to keep Congress out

– Clunky system– Intended to prevent the riff-raff from deciding

election

• 4-year term of office

Constitutional Convention:The Final Agreement

Electoral College• Has changed a lot since

1787• Number of electors from

each state determined by the number of Senators plus Representatives

• Whoever gets 270, wins!

www.270towin.comwww.electoral-vote.com

The Philadelphia ConventionThe U.S. Constitution was developed in 1787 at the Philadelphia Convention. Decide if each statement about the Convention below is true (T) or false (F). Rewrite any false statements to make them true.

1. ____ Delegates from all thirteen states attended the Philadelphia Convention.

2. ____ Thomas Jefferson was the primary writer of the Constitution.

3. ____ The Three-Fifths Compromise dealt with the question of how to count slaves for taxation and representation.

4. ____ The New Jersey plan proposed that representation in a national legislature should be based on population.

5. ____ Most delegates to the Convention were wealthy male landowners.

6. ____ The discussions of the Philadelphia Convention were kept secret from the public.

7. ____ Most delegates to the Convention had little political experience.

RatificationRatify – to approve

Federalist• Supported the Constitution• In favor of ratifying • From larger states, cities, merchants• Alexander Hamilton• James Madison• John Jay• John Adams• George Washington

Anti-Federalist• Against the constitution• Would create an overbearing & overburdening central govt

hostile to personal freedoms– Would ruin the country with taxes– Wanted a Bill of Rights

• Giving up state power to Federal Government made them uneasy

• Patrick Henry• Aaron Burr• Sam Adams• Thomas Jefferson

• The Federalist Papers– Collaborative writing of Hamilton, Jay, and Madison– Series of 85 essays defending the Constitution and republican

form of government– Considered the best political theorizing in the US

• Anti-Federalist view– Such patriots as Samuel Adams and Patrick Henry– Const. a document written by aristocrats, for aristocrats– Would create an overbearing & overburdening central govt

hostile to personal freedoms– Wanted a list of guaranteed liberties, or a bill of rights– Decried the weakened power of the states

The Difficult Road to Ratification

Federalists vs. Anti-Federalists

• Federalist Papers– Written to support the

ratification of the constitution

– Written in newspapers by anonymous authors (mostly A. Hamilton, J. Jay, J. Madison)

Federalists and Anti-FederalistsThe Federalists were people who supported ratification of the Constitution.The Anti-Federalists were people who opposed it.Below are arguments made by the Anti-Federalists against the Constitution. Under each one, explain in your own words how the Federalists countered this concern.

1. The national government would have too much power at the expense of the states.

2. There would be no protection of the individual rights of citizens against the government.

3. Congress could do anything with the Necessary and Proper Clause.

4. The president would be similar to a king.