Agenda•Current Events•Why the Constitution?

•Wordle•Notes

These basic notions of ordered government, of limited government, and of representative government can be traced to several landmark documents in English History Painting of King John

signing the Magna Carta

Painting of King John signing the Magna

Carta

Magna CartaMagna CartaThe Magna Carta was a Great Charter

forced upon King John of England by his barons in 1215.

The Magna Carta established that the power of the monarchy was not absolute and guaranteed trial by jury and due process of law to the nobility.

Magna Carta protected against the arbitrary taking of life, liberty, or property.

In 1628, King Charles I asked Parliament for more money in taxes. Parliament refused until he signed the Petition of Right.

The Petition of Right limited the king’s power in several ways◦ Demanded that the king no longer imprison or

otherwise punish any person but by the lawful judgment of his peers, or by the law of the land.

◦ It also insisted that the king not impose martial law (rule by the military) in time of peace

◦ Prohibited homeowners from being forced to shelter the king’s troops without consent.

In 1688, Parliament offered the crown to William and Mary of Orange. However, William and Mary had to sign the English Bill of Rights drafted by Parliament before taking the throne.

English Bill of Rights:◦ Prohibited a standing Army in peacetime◦ Required that all parliamentary elections be free◦ Right to a fair trial◦ Freedom from excessive bail ◦ Freedom from cruel and unusual punishment

The First permanent English colonies were established at Jamestown in 1607 and Plymouth in 1620. By the mid 1700’s British colonies stretched from Maine to Georgia.

In 1763, the British tried to impose a series of taxes and legislative acts on their increasingly independent-minded colonies. The colonists responded with boycotts of British products and protests.

Current Events (Any from Friday?)

Review TestsNotes

Current Events (Any from Friday?)

Notes

The Magna Carta Similar to our Constitution?

Petition of Rights You want more tax money? We want

more rights…English Bill of Rights

Right to fair trial, no cruel & unusual punishment, etc.

King George III was king of Great Britain and Ireland from 1760 until his death on January 29, 1820.

Under King George III, the British Parliament attempted to tax the American colonies. Ultimately, the colonies avoided taxation and claimed their independence

First Continental CongressWas held in September of

1774 at Carpenter’s Hall. Delegates from 12 of the 13 colonies were present. (Georgia was absent)

What Happened?Little talk of

independencePassed a resolution that

sent a list of grievances to King George III.

Resolution passed that required colonies to raise their own troops and boycott British trade.

Carpenter’s Hall

Second Continental CongressWas held in May of 1775

at Independence Hall. Delegates from all colonies were present.

By this time fighting had already broke out.

What Happened?Resolution of

Independence was adopted July 2th, 1776.

July 4th 1776, the Declaration of Independence was written by Thomas Jefferson.

Independence Hall

Declaring IndependenceThe Resolution of Independence states (July 2nd, 1776):

“RESOLVED, That these United Colonies are, and of right ought to be, free and independent States, that they are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain is, and ought to be totally dissolved.”

Signing the Declaration of Independence

The Declaration of Independence in Today’s World Until the 2:45 mark…

On August 2, it was unanimously signed by the members of the Second Continental Congress.

The Declaration of Independence states (July 4th, 1776):

“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.”

America is free!

But what will our government be like?

Articles of Confederation

The Articles of Confederation were the first form of Government and ratified in March of 1781.

First Written constitution. It created a weak central government.

Confederation: voluntary association of independent states in which the states agree to limited restraints on their freedom of action.

Articles of ConfederationWeaknesses:

Congress could declare war but, did not have the authority to tax the states.

To pass acts of congress, 9 out of 13 states had to agree

No national court systemEach state printed/coined their own moneyNo PresidentCongress was unicameral (1 house)

Drafting the Constitution

•May 14th, 1787 the Constitutional Convention met in Philadelphia to fix the Articles of Confederation

•55 of 74 delegates chosen attended▫Rhode Island refused to send delegates

Who attended the convention? Who were the delegates

33 members lawyers3 were doctors50% were college graduates7 former governors6 were large plantation owners8 important business owners

Ages:Jonathon Dayton (NJ) -26 years old (Youngest)Ben Franklin (PA) - 81 years old (Oldest)

○ *FactFact*- Ben Franklin was too old to walk, so he was carried into the convention on a chair by 4 prisoners from a local jail.

Agenda

Pick up new notes Pass back a few papers Current Events Hopefully finish notes…

The Virginia Plan Introduced by Edmund Randolph on May 29,

1787.Features: National legislature with 2 branches (bicameral).

First branch elected by people of each state.Second branch elected by the first branch.

Power over state legislatures. National legislature elects national executive and national

judiciary. Legislature seats for each state based on proportional

system determined by population. Levy taxes.Favored large states( Massachusetts, Pennsylvania,

and Virginia)

# of Houses

Representation

ElectionType

Powers # andType ofBranches

VirginiaPlan

2 -First branch elected by people of the state-Second branch elected by the first

-Elect national executive-Elect judiciary-Power over state legislatures-Enforce taxes

Executive, Legislative, and Judiciary.

New JerseyPlan

ConnecticutPlan

The New Jersey Plan Introduced by William Paterson on June

15, 1787. Issues with Virginia Plan:

Does not allow for equal representation among the states.

Features: One national legislature with equal

representation. One vote per state. Same national legislature as that under

the Articles. Elect national executive and judiciary. Levy taxes.Favored Small States

# of Houses

Representation

ElectionType

Powers # and Type of Branches

Virginia Plan

2 Based onState populations.

-First branch elected by people of the state-Second branch elected by the first

-Elect national executive-Elect judiciary-Power over state legislatures-Enforce taxes

Executive, Legislative, and Judiciary.

New JerseyPlan

1 Equal proportion among the states.

State legislature elects representatives.

Same as Virginia Plan.

Same as Virginia Plan.

ConnecticutPlan

Connecticut Compromise

On July 16, 1787 Roger Sherman and Oliver Ellsworth negotiated the compromise.

Features: Bicameral legislature Upper house of equal representation elected by the state

legislatures.The Senate (per New Jersey Plan)

Lower house based on proportion of population elected by the people.House of Representatives (per Virginia Plan)

Ability to levy taxes and power over state legislatures.

# of Houses

Representation

ElectionType

Powers # and Type of Branches

Virginia Plan

2 Based onState populations.

-First branch elected by people of the state-Second branch elected by the first

-Elect national executive-Elect judiciary-Power over state legislatures-Enforce taxes

Executive, Legislative, and Judiciary.

New JerseyPlan

1 Equal proportion among the states.

State legislature elects representatives.

Same as Virginia Plan.

Same as Virginia Plan.

ConnecticutPlan

2 House of Reps based on state population

Senate based on equal representation

House elected by citizens

Senate elected by House

Congress had the power to levy tax, declare war and to create laws

Executive, Legislative, and Judiciary

Three-Fifths Compromise How to deal with slaves in the

representational scheme Many delegates (North) wanted

slavery banned South wanted slaves counted along

with free persons to determine representation in Congress

The 3/5s compromise called for 3/5’s of “all other persons” to be counted toward representation in Congress

Difficult Road to Ratification•The Framers knew that ratification of the

constitution was far from certain. Each state would hold a special convention.

•The delegates agreed that as soon as nine of the thirteen states ratified, it would take effect.

Federalists/Federalism• Federalists- The name given

to one who was in favor of the adoption of the U.S. Constitution and the creation of a federal union with a strong central government.

• Federalists Advantages1. A positive name2. Advantage of being at the

convention and the work behind it

3. They had fame, power, money on their side

4. Better organized

The most famous Federalists: Alexander Hamilton James MadisonJohn Jay

Federalists Papers•The Federalists Papers were a set of 85

essays advocating the ratification of the United States Constitution.

•The Federalists Papers were written under the name “Publius”, in honor of Roman consul Publius Valerius Publicola

•The real authors of the papers were: Alexander Hamilton James Madison, and John Jay.exander

•The Federalist No.10, is regarded as the most popular essay.

Anti-Federalists/Anti-Federalism•Anti-Federalists- An

individual who opposed the ratification of the new Constitution in 1787. The Anti-Federalists were opposed to a strong central government.

•The Anti-Federalists believed the President would turn into a monarch.

Patrick Henry, leader of the Anti-Federalists. Henry is known and

remembered for his "Give me Liberty, or give me

Death!” speech.

Bill of Rights•The Bill of Rights heavily argued between the

Federalists and Anti-Federalists. ▫Alexander Hamilton argued in Federalist 84 that

▫“why declare that things shall not be done which there is no power to do? Why, for instance, should it be said that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed?”

▫In exchange for the Anti-Federalists votes for ratification, the Federalists created a Bill of Rights.

•On December 15th, 1791 the Bill of Rights was adopted when Virginia ratified the first 10 amendments.

Bill of Rights•The Bill of Rights-

first 10 amendments to the United States Constitution

•The Bill of Rights were “a bill of limits” and limited the powers of the national government over individuals

6 Principles of the Constitution1.Popular Sovereignty- The concept that ultimate political

authority is based on the will of the people2.Limited Government- A government in which governmental

powers are limited either through a written document or through widely shared beliefs

3.Separation of Powers-The principle of dividing governmental powers among different branches of government

4.Checks and Balances-System of overlapping the powers of the legislative, executive, and judicial branches to permit each branch to check the actions of the others.

5. Judicial Review- The power of the Supreme Court and other courts to declare unconstitutional federal or state laws and other acts of government

6.Federalism- A system of government in which a written constitution divides power between a central, or national, government and several regional governments.