The ConstitutionThe Constitution

ConstitutionConstitution Definition

– A constitution is a nation’s basic law. It creates political institutions, assigns or divides powers in government, and often provides certain guarantees to citizens.

Sets the broad rules of the game

The rules are not neutral; some participants and policy options have advantages over others.

Road to the RevolutionRoad to the Revolution

Power of the MississippiPower of the Mississippi

New Orleans in 1718 gave French command of Mississippi River.

France claimed large parts but did not settle it.

French economy tied to American Indian through fur trade.

Trade networks were set up in the early 1600’s

Beavers were ImportantBeavers were Important

French wanted the fur.Native Americans became

dependant on trade.Native American Fighting

BritishBritish FrenchFrench

Fort Necessity Fort DuquesneFort Necessity Fort Duquesne ** George Washington George Washington ** Delaware & Delaware & ShawneeShawnee Indians Indians

The The Ohio ValleyOhio Valley

1754 1754 The First The First ClashClash

1754 1754 The First The First ClashClash

Albany Plan of UnionAlbany Plan of Union

Ben Franklin Ben Franklin representatives from representatives from New England, NY, MD, PA New England, NY, MD, PA

Albany CongressAlbany Congress failed Iroquois failed Iroquois broke off relations with broke off relations with Britain & threatened to Britain & threatened to trade with the French. trade with the French.

BritishBritish

• March in formation or March in formation or bayonet charge. bayonet charge.

• Br. officers wanted toBr. officers wanted to take charge of colonials. take charge of colonials.

• Prima Donna Br. Prima Donna Br. officers with servants officers with servants & tea settings. & tea settings.

• Drills & toughDrills & tough discipline. discipline.

• Colonists should payColonists should pay for their own defense. for their own defense.

• Indian-style guerillaIndian-style guerilla tactics. tactics.

• Col. militias servedCol. militias served under own captains. under own captains.

• No mil. deference orNo mil. deference or protocols observed. protocols observed.

• Resistance to risingResistance to rising taxes. taxes.

• Casual, Casual, non-professionals. non-professionals.

Methods ofMethods ofFighting:Fighting:

MilitaryMilitaryOrganization:Organization:

MilitaryMilitaryDiscipline:Discipline:

Finances:Finances:

Demeanor:Demeanor:

British-American British-American Colonial TensionsColonial TensionsBritish-American British-American Colonial TensionsColonial Tensions

ColonialsColonials

** By 1761, Sp. has become an ally of Fr.By 1761, Sp. has become an ally of Fr.

1758-1761 1758-1761 The Tide The Tide Turns for EnglandTurns for England

1758-1761 1758-1761 The Tide The Tide Turns for EnglandTurns for England

France --> France --> lost her Canadian lost her Canadian possessions, most of her empire in possessions, most of her empire in India, and claims India, and claims to lands east of the Mississippi to lands east of the Mississippi River.River.Spain -->Spain --> got all French lands west got all French lands west of the Mississippi River, New of the Mississippi River, New Orleans, but lost Florida to Orleans, but lost Florida to England.England.England -->England --> got all French lands in got all French lands in Canada, exclusive rights to Canada, exclusive rights to Caribbean slave trade, and Caribbean slave trade, and commercial dominance commercial dominance in India.in India.

1763 1763 Treaty of Treaty of ParisParis

1763 1763 Treaty of Treaty of ParisParis

North America in North America in 17631763

North America in North America in 17631763

1.1. It increased her colonial empire It increased her colonial empire in in the Americas. the Americas.

2.2. It greatly enlarged England’s It greatly enlarged England’s debt.debt.

3.3. Britain’s contempt for the Britain’s contempt for the colonials colonials created bitter feelings. created bitter feelings.

Therefore, England felt that aTherefore, England felt that amajor reorganization of her major reorganization of her

American EmpireAmerican Empire was necessary! was necessary!

Effects of the War Effects of the War on Britain?on Britain?

Effects of the War Effects of the War on Britain?on Britain?

1.1. It united them against aIt united them against a common enemy for the first common enemy for the first time. time.

2.2. It created a socializing It created a socializing experience for all the experience for all the colonials who participated. colonials who participated.

3.3. It created bitter feelings It created bitter feelings

towards the British that towards the British that would only intensify. would only intensify.

Effects of the War on Effects of the War on the American the American

ColonialsColonials

Effects of the War on Effects of the War on the American the American

ColonialsColonials

The Boston Massacre The Boston Massacre ((March 5,1770March 5,1770))

Boston Tea Party Boston Tea Party (1773)(1773)

The Coercive or The Coercive or IntolerableIntolerableActs Acts (1774)(1774)

Lord NorthLord North

1.1. Port Bill Port Bill

2.2. Government Government ActAct

4.4. Administration Administration ofof Justice Act Justice Act

3.3. New Quartering New Quartering Act Act

First Continental First Continental Congress Congress (1774)(1774)

55 delegates from 12 55 delegates from 12 coloniescolonies

AgendaAgenda How How to respond to to respond to the Coercive the Coercive Acts & the Acts & the Quebec Act?Quebec Act?

1 vote per colony 1 vote per colony represented.represented.

The Shot Heard The Shot Heard ’’Round the WorldRound the World!!

LexingtonLexington & & ConcordConcord – April – April 18,177518,1775

The Second The Second Continental Continental

CongressCongress(1775)(1775)

Olive Branch Olive Branch PetitionPetition

Thomas PaineThomas Paine: : Common SenseCommon Sense

European PhilosophersEuropean PhilosophersJohn Locke believed in 1. Natural Rights – Rights

inherent in human beings, not dependent on government, which include life, liberty and property.

2. Consent of the Governed – Government derives its authority by sanction of the people.

3. Limited Government – Certain restrictions should be placed on government to protect the natural rights of citizens.

European PhilosophersEuropean PhilosophersBaron de Montesquieu believed

Separation of Powers –

the state is divided into three estates.

Each state with independent powers and areas of responsibility.

The three areas are Executive, Legislature and Judiciary

European PhilosophersEuropean Philosophers

Jean-Jacques believed in

Social Contract Theory - People give up some of their rights to a government / authority in order to receive or jointly preserve social order.

Origins of the ConstitutionOrigins of the Constitution Declaring Independence

– In May and June 1776, the Continental Congress debated resolutions for independence.

– The Declaration of Independence, which listed the colonists grievances against the British, is adopted on July 4, 1776.

– Politically, the Declaration was a polemic, announcing and justifying revolution.

Declaration of Declaration of Independence Independence

(1776)(1776)

Declaration of Declaration of IndependenceIndependence

Six Parts of Declaration of Six Parts of Declaration of IndependenceIndependence

Part One – PreamblePart Two – Statement of BeliefsPart Three – Grievances Against the KingPart Four – Statements of Prior Attempts to

Redress GrievancesPart Five – Declaring IndependencePart Six - Signatures

Origins of the ConstitutionOrigins of the Constitution

State ConstitutionsState Constitutions

After DOI had been signed, State governments began to form Constitutions.

RI and CT were the only states that kept their old Constitution.

Most States adopted Constitutions through State legislatures.

Mass did it by special Constitutional Convention.– People chose delegates to

convention– People of state then voted for

approval

Most constitutions were modeled after the VA Constitution.

Most of the State Constitutions were structured as followed:

– Two Houses– Governor elected by

legislator.– Governor – veto overridden

by majority vote.– Statement of Rights

Ex: Trial by Jury Religious Liberty No Taxation w/out Rep

Independence AchievedIndependence Achieved Winning Independence

– In 1783, the American colonies prevailed in their war against England.

The “Conservative” Revolution– Restored rights the colonists felt they had lost– Not a major change of lifestyles

The Government that FailedThe Government that Failed After Lee’s resolution

declaring independence Congress organized a committee to write a Constitution.

John Dickinson of PA chaired committee.

On July 2, 1777 The Articles of Confederation was submitted to the states for approval in November, 1777.

Richard Henry Lee

The Government that FailedThe Government that Failed

Ratification of the Articles had occurred by all the states in 1779 except for MD.

For two years arguments raged between states.

MD refused to approve until claimed lands between Allegheny Mountains and Mississippi River were given to Congress.

The Government that FailedThe Government that Failed Disputed western lands had

been given to colonies upon original charters.

Many of the land grants overlapped one another.

MD and others had no land. MD wanted lands open to all

and not those who claimed them (NY & VA)

1779 Congress passed a resolution stating that all lands west of Allegheny Mountains be given to Congress.

Largest states agreed and then others followed.

The Government that FailedThe Government that Failed

Articles of Confederation was organized all around the Congress– Single-house legislature– Represented 13 states on National matters– 2 to 7 Representatives– One vote per State

Powers of CongressPowers of CongressSimilar to the powers of the Second

Continental Congress:– Declare War– Make Peace– Make treaties with other nations– Send and receive ambassadors– Handle Indian affairs– Coin and borrow money– Set up Post Offices– Settle disputes between states– Admit new states– Set up Army & Navy

Articles of ConfederationArticles of Confederation There was no Executive Branch

under the Articles. Congress set up committees to

handle problems. (At one point there were 99 committees)

A lot of confusion due to committees having overlapping responsibilities.

The President of the Articles was secretarial in nature. No true authority over committees.

The first President was John Hanson from Maryland.

He was unanimously elected. Each President could serve for

a one year term.

Long lasting effects of the Articles:– Land Ordinance of 1785– Northwest Ordinance– State to state relations -

Extradition for crimes– State to state relations

acceptance of laws, records and court decisions.

– State to state relations citizens move freely between states and treated as a citizen of all states.

Land Ordinance of 1785Land Ordinance of 1785 After revolutionary war,

settlers moved to the Northwest Territory.

Questions about new lands occurred.

Should these new lands be states?

Should new states be admitted on equal footing with original states?

How many people need to be in an area before it could become a state?

Should slavery be allowed in these western lands?

Land Ordinance of 1785Land Ordinance of 1785

Many settlers moved to the Northwest territory due to receiving land free or cheap price if cleared and farmed.

Congress needed money so they began selling the land. How did the ordinance work?

– First land was surveyed, measured and then divided into parts called townships.

– Each township then subdivided into 36 equal parts.– National gov’t kept 4 parts for their own use.– Money from selling other parts went to public schools & pay

off war debt.

Northwest OrdinanceNorthwest Ordinance Congress set up rules how each township was governed. The area would be no fewer than 3 states and no more than 5

states. Three stages of development:

– Congress appoint a governor & 3 judges to make and carry out laws for territory.

– Territory reaches 5,000 free adult males, then elect own legislature.

– Territory population reached 60,000 then write a constitution and become a state with equal standing.

Guaranteed people freedom of speech, religion and trial by jury. Prohibited slavery in the area. This was the model for admission of new states & territories

under the U.S. Constitution.

WeaknessWeakness ResultResult Each state allowed to print its

own money. Congress could not regulate value.

No federal court system. Congress could ask for troops. 9 of 13 states needed to agree

before bill was law All 13 states had to agree for

an amendment. No power to tax directly Not able to regulate interstate

or foreign commerce. No executive branch to carry

out laws.

Money from one state not always accepted in another.

Congress could not settle disputes between states.

States refused requests. Congress had difficult time

passing legislation. No Amendment ever passed

Articles. Congress ask states for money.

Could not pay debts. Economic quarrels between

states & foreign trade restricted. Congress could not be effective.

Outcome – Articles of ConfederationOutcome – Articles of Confederation Established a “league of

friendship and perpetual union”.

All gov’t power rested in the states.

Liberalized voting laws & increased political participation in new middle class.

Expanded economic middle class of farmers and & craft workers balanced old elite, professional working class.

Idea of democracy spread and democracy took hold.

The Government that FailedThe Government that Failed

Road to Constitutional ConventionRoad to Constitutional Convention 1785 George Washington invited

delegates from MD & VA to his home in Mt Vernon, VA.

Discussion regarding navigation rights along the Potomac River.

During discussions delegates realized many states having similar issues.

MD & VA delegates invited other states to meet in MD in September of 1786. (Annapolis Convention)

5 of 13 states sent representatives. Not enough to make decisions.

Madison & Hamilton called another meeting to discuss the weaknesses of Articles.

Road to Constitutional ConventionRoad to Constitutional Convention Same time as Annapolis

Convention, Shay’s rebellion occurred.

Congress needed money to pay war debt.

Mass tried to pay by raising taxes. Farmers had great difficulty paying

as prices for crops had fallen. Mass gov’t took farms and sent

people to debtors prison. No legal way to solve problem so

Shay and his men marched on the courts and took state arsenal.

Final straw – made elite concerned about individual’s property rights.

Men at the ConventionMen at the Convention Meeting to revise the Articles of Confederation 55 men from 12 of the 13 states (not RI) Mostly wealthy planters and merchants Most college graduates with some political experience Many were coastal residents from larger cities, not rural

Major Topics DiscussedMajor Topics Discussed How should the states be represented in the legislative

branch? How should the powers of government be divided? How should slaves be counted in determining a state’s

representation in the House of Representatives? How should slaves be counted in determining the

amount of direct taxes a state owed the federal government?

What power should Congress have over the trade between the states and between the states and foreign countries?

Who should elect the President, and how should this officer be elected?

How should states be represented in How should states be represented in the legislative branch?the legislative branch?

VA Plan – Congress consists of:– Two houses– First house elected by the

people, Second elected by the first house.

– Representation by population

NJ Plan – Congress consists of:– One house– Each state has equal

representation

The Great CompromiseThe Great Compromise Establishment of Congress (Same as today)

– Two Houses– First house called the House of Representatives

Representation elected by people for a 2 year termRepresentation based on population

– Second house called the SenateSenators elected by state legislatures for 6 yearsEach state will have 2 senators

How How should the powers of government should the powers of government be divided?be divided?

Three Branch Compromise Two house legislature

called Congress Chief executive to run

executive branch. President elected by

electoral college Judicial branch

consisting of one supreme court, appointed by President approved by Senate.

The Madisonian ModelThe Madisonian Model To prevent a tyranny of the

majority, Madison proposed a government of:– Limiting Majority Control – To

stop tyranny by the majority, keep most of the gov’t beyond their power.

– Separating Powers – Each one independent & no one branch could control the other. Power not divided absolute.

– Creating Checks and Balances – Some powers not completely separate so it required consent of others. Power v. Power.

– Establishing a Federal System – Division of power between Naitonal and State gov’t.

The Madisonian ModelThe Madisonian Model

How should slaves be counted in determining a state’s How should slaves be counted in determining a state’s representation in the House of Representatives?representation in the House of Representatives?How should slaves be counted in determining the How should slaves be counted in determining the amount of direct taxes a state owed the federal amount of direct taxes a state owed the federal government?government?

What power should Congress have over the trade What power should Congress have over the trade between the states and between the states and between the states and between the states and foreign countries?foreign countries? Congress controlled interstate

and foreign commerce w/ simple majority.All treaties ratified by 2/3 vote by Senate

No export taxes placed on products or goods to another country.

No laws favor the ports of one state over the port of another.

Slave trade continue w/out interference from Congress until 1808 (20 years)

Congress place a $10 tax on each slave brought into country.

The Agenda in PhiladelphiaThe Agenda in Philadelphia

Who should elect the President, and how should this officer Who should elect the President, and how should this officer be elected?be elected?

Electoral College Compromise A group called electoral

college would elect president and vice-president.

Electors chosen by state leaders & hold no gov’t office

Each state has same # of electors as members in House and Senate

Electors meet in December Person with the most votes is

President. Person w/ 2nd VP. House decides if no majority. President term is 4 years.

The Madisonian ModelThe Madisonian Model The Constitution and the Electoral Process: The Original Plan (Figure

2.2)

Economic Issues at the ConventionEconomic Issues at the Convention Delegates were concerned about

state of American Gov’t. Federalists – Supported National

Government.– Stressed economies weaknesses

Anti-Federalists – Opposed a Strong National Government.– Stressed it was an exaggeration

States had tariffs on products from other states.

Paper money was basically worthless.

Congress could not raise money.What to do? Powers of Congress strengthened. Powers of States to be limited.

The Agenda in PhiladelphiaThe Agenda in Philadelphia

The Agenda in PhiladelphiaThe Agenda in Philadelphia The Individual Rights Issues Some were written into the

Constitution: Article I, Sec 9 Prohibits suspension of writ of

habeas corpus– Court order stating a

prisoner brought before a judge to decide if held lawfully.

No bills of attainder– Congress nor States may

pass a bill which punishes people without judicial trial.

No ex post facto laws– Congress nor the States may

punish or increase penalties for acts that were not illegal when committed.

The Agenda in PhiladelphiaThe Agenda in Philadelphia Individual Rights Issues

written into Constitution Religious qualifications for

holding office prohibited (Article VI)

Strict rules of evidence for conviction of treason (Article III, Section 3)– Ex: Confessions in open

court– Ex: Testimony of 2

witnesses Right to trial by jury in

criminal cases (Article III, Section 2)

Ratifying the ConstitutionRatifying the Constitution

Ratifying the ConstitutionRatifying the Constitution

Federalist Papers– A collection of 85 articles written by Alexander

Hamilton, John Jay, and James Madison under the name “Publius” to defend the Constitution

Bill of Rights– The first 10 amendments to the U.S. Constitution,

drafted in response to some of the Anti-Federalist concerns about the lack of basic liberties

Ratifying the ConstitutionRatifying the Constitution

Ratification– Lacking majority support, the Federalists

specified that the Constitution be ratified by state conventions, not state legislatures.

– Delaware first ratified the Constitution on December 7, 1787.

– New Hampshire’s approval (the ninth state to ratify) made the Constitution official six months later.

Ratifying the ConstitutionRatifying the Constitution

Ratifying the ConstitutionRatifying the Constitution

Constitutional ChangeConstitutional Change

The Informal Process of Constitutional Change– Judicial Interpretation

Marbury v. Madison (1803): judicial review

– Changing Political Practice– Technology– Increasing Demands on Policymakers

The Importance of FlexibilityThe Importance of Flexibility

The Constitution is short, with fewer than 8,000 words.

It does not prescribe every detail.– There is no mention of congressional committees or

independent regulatory commissions.

The Constitution is not static, but flexible for future generations to determine their own needs.

Understanding the ConstitutionUnderstanding the Constitution

The Constitution and Democracy– The Constitution is rarely described as democratic.– There has been a gradual democratization of the

Constitution.

The Constitution and the Scope of Government– Much of the Constitution reinforces individualism and

provides multiple access points for citizens.– It also encourages stalemate and limits government.