Foundations of the Foundations of the ConstitutionConstitution

In the beginning…In the beginning… 1750s-Great Britain was in debt and 1750s-Great Britain was in debt and

searching for new revenue. searching for new revenue.

The colonies paid little in taxes and had The colonies paid little in taxes and had just been defended by the British during just been defended by the British during the French and Indian Warthe French and Indian War

The colonies, however, had lived under The colonies, however, had lived under self rule for over 100 years and were not self rule for over 100 years and were not willing to give that up.willing to give that up.

Formation of the first governments of the 13 colonies

Highly Influenced by:– English Law– English Tradition– English Religion (mix of Protestantism and

Catholicism)

What ideas influenced the first colonial governments?– 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.

Mayflower Compact

Written and signed by 41 Pilgrims in 1620.

The first example at self-government.

Fundamental Orders of Connecticut

Written by former Massachusetts Bay Colonist Puritans in 1639.

Americans first formal constitution. Allowed citizens to elect officials to

make laws.

The Virginia Houseof Burgesses

First legislature in America. Established in 1619. The ideals and origins established

here would later factor into the writing of the Constitution.

Britain Tightens Control

For more than 150 years Britain practiced salutary neglect toward the colonies.

What changed?– Seven Years War (a.k.a. The French and

Indian War) 1754-1763.– George III became king in 1760.

There’s a War to pay for!!!

1765 Stamp Act

First direct Act.

Repealed in 1766, but…

The Coercive Actsor

The Intolerable Acts

All Acts were directed at reminding the colonists of who was in control – Britain.

United in BrotherhoodWe Will

Not ComplyColonists take another look at Franklin’s Albany Plan of Union, which he offered during the French and Indian War.

1765 Stamp Act Congress

1773 Committees of Correspondence.

First Continental Congress

September 5, 1774 in Philadelphia. All colonies present except Georgia. 56 men wrote and sent a letter of

grievances and resolves to King George III (The Olive Branch Petition.)

Meet back the next year. Before meeting answer came on April

19, 1775.

Second Continental Congress

May 1775 in Philadelphia 56 men from all 13 colonies. Chose John Hancock as president of

Congress. Richard Henry Lee would propose

resolutions for independence. Committee was appointed to write.

The Declaration of Independence.

Committee:– Thomas Jefferson (VA)*

– Benjamin Franklin (PA)+

– John Adams (MA)+

– Roger Sherman (CT)– Robert Livingston (NY)

* Selected to write the document. + Offered suggestions.

Approved on July 2, 1776. Began signing on July 4, 1776.

– John Dunlap, GPO, prints numerous broadsides.

All had signed by August 4, 1776.

Articles of Confederation First functioning Government Ratified in 1781

– While Revolution is in progress Most real power with the

States• Binding was a ‘rope of sand’• 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 constitution

7. At least nine states are required to decide major issues

We NEED a stronger Government!!!

“Shay’s Rebellion” scares a lot of people – A Small Rebellion of Massachusetts farmers

Can’t decide what to do with the Northwest Territory

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

End up creating a new Constitution

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

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

Shay’s Rebellion-America’s first Civil Shay’s Rebellion-America’s first Civil WarWar

After war, American’s After war, American’s buying up luxury goods on buying up luxury goods on credit. British began credit. British began demanding money back, demanding money back, British leaned on importers, British leaned on importers, who leaned on who leaned on shopkeepers, who leaned shopkeepers, who leaned on farmers (most of whom on farmers (most of whom were veterans of the were veterans of the Revolution) who had no Revolution) who had no money. money.

Farmers that lacked money, Farmers that lacked money, were put in debtors prison, were put in debtors prison, sometimes for life.sometimes for life.

In Massachusetts, the state In Massachusetts, the state government raised taxes to government raised taxes to pay off war debt (but where pay off war debt (but where would money come from?)would money come from?)

Farmers were hardest hit, so Farmers were hardest hit, so they banned together and they banned together and rebelled, closing courthouses rebelled, closing courthouses and burning records of debt. and burning records of debt. As the rebellion grew, the As the rebellion grew, the people looked to national people looked to national government, which could do government, which could do nothing because of Articlesnothing because of Articles

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

The delegates are upset!

Lots of ideasDecided to throw out the old Constitution

what to do now?

Decisions and Compromises

The Virginia Plan

Introduced by Edmund Randolph. Governmental Plan

– Strong bicameral legislature. Lower house chosen by the people. Upper house chosen by the lower.

– Strong national executive chosen by legislature.

– National judiciary appointed by legislature.– Problem: Larger populated states would

control.

The New Jersey Plan

Introduced by William Paterson. Governmental Plan:

– Keep main provisions of Articles of Confederation.

– Unicameral legislature, one vote for each state.– Strengthen Congress by giving it certain powers.– Weak executive branch would be chosen by

Congress.– National judiciary with limited power chosen by

Congress.

The Two Compromises The Connecticut Compromise.

– Introduced by Roger Sherman.– Governmental Plan– Legislature be bicameral

House of Representatives based on state population. Senate with two members from each state.

The Three-Fifths Compromise.– South heavily populated with slaves.– 3/5 of them would be counted for tax purposes

and representation.– Also agreed Congress would not ban slave trade

until 1808.

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)

– “Upon what principal shall the states be computed in representation?” Gouverneur Morris

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.”

Declaration of Independence

Parts:– Statement of Purpose– Specific complaints against Britain.– Determination of Separation.

RevolutionRevolution The Declaration of The Declaration of

Independence was based on Independence was based on the idea that government the idea that government was a social contract was a social contract between the people and WE between the people and WE have a right to break it when have a right to break it when OUR natural rights are OUR natural rights are violated.violated.

““The foundation of our The foundation of our Empire was not laid in the Empire was not laid in the gloomy age of Ignorance gloomy age of Ignorance and Suspicions, but at an and Suspicions, but at an Epoch when the rights of Epoch when the rights of mankind were better mankind were better understood and more clearly understood and more clearly define, than at any former define, than at any former period.”-George Washingtonperiod.”-George Washington

Articles of ConfederationArticles of Confederation

Adopted in 1781, the Articles was the Adopted in 1781, the Articles was the first government of the new United first government of the new United States.States.– The Articles of Confederation was designed The Articles of Confederation was designed

around the idea of a confederation (a loose around the idea of a confederation (a loose collection of states) where the states collection of states) where the states retained the power and the national retained the power and the national government had only specific and limited government had only specific and limited powers.powers.

– The Articles was a league of friendship and The Articles was a league of friendship and an attempt to prevent the same government an attempt to prevent the same government the Americans rebelled from.the Americans rebelled from.

Articles of ConfederationArticles of Confederation

Weakness of Weakness of Articles:Articles:1. No executive 1. No executive branchbranch2. Central 2. Central government could government could not collect taxes not collect taxes (and states didn’t (and states didn’t have to pay them)have to pay them)

3. No federal 3. No federal judiciary to settle judiciary to settle interstate disputesinterstate disputes4. Unanimous 4. Unanimous consent of states consent of states to pass to pass amendmentsamendments5. 1 state-1 vote5. 1 state-1 vote6. No regulation of 6. No regulation of interstate or interstate or foreign commerceforeign commerce

Other post-Revolution Other post-Revolution issuesissues

British refused to leave forts in the British refused to leave forts in the northnorth

Indians being supplied by British to raid Indians being supplied by British to raid the frontierthe frontier

Barbary pirates raiding American Barbary pirates raiding American shippingshipping

America shut out of British West IndiesAmerica shut out of British West Indies Huge war debtHuge war debt Conflicting state trade arrangementsConflicting state trade arrangements

Impact of Shay’s rebellionImpact of Shay’s rebellion Following rebellion, Washington was Following rebellion, Washington was

quoted as saying, “What a triumph for quoted as saying, “What a triumph for our enemies to find that we are our enemies to find that we are incapable of governing ourselves.”incapable of governing ourselves.”

And, “Good God! who besides a …And, “Good God! who besides a …Briton predicted them! were these Briton predicted them! were these people wiser than others, or did they people wiser than others, or did they judge of us from the corruption, and judge of us from the corruption, and depravity of their own hearts? The depravity of their own hearts? The latter I am persuaded was the case, latter I am persuaded was the case, and that notwithstanding the boasted and that notwithstanding the boasted virtue of America, we are far gone in virtue of America, we are far gone in every thing ignoble and bad.”every thing ignoble and bad.”

Calls for a convention to Calls for a convention to reviserevise the the Articles went out, and on May 25, Articles went out, and on May 25, 1787 delegates began working on the 1787 delegates began working on the Constitution.Constitution.

By the way, Shay fled to Vermont, By the way, Shay fled to Vermont, pardoned in 1788, received his pardoned in 1788, received his promised $20 a month pension by promised $20 a month pension by 1820 and died in 1825.1820 and died in 1825.

Food for ThoughtFood for Thought

Washington also said of the Washington also said of the Revolution– “At this auspicious Revolution– “At this auspicious period, the United States came into period, the United States came into existence as a Nation, and if their existence as a Nation, and if their Citizens should not be completely Citizens should not be completely free and happy, the fault will be free and happy, the fault will be entirely their own.”entirely their own.”