American Government American Government and Politics Today and Politics Today

Chapter 2Chapter 2The Constitution:The Constitution:

What if Constitutional interpretation What if Constitutional interpretation never changed?never changed?

The Colonial BackgroundThe Colonial Background

Separatists were upset with the Church of Separatists were upset with the Church of England and wanted a place where they could England and wanted a place where they could practice their religious beliefs. practice their religious beliefs.

In 1620, they landed at Plymouth In 1620, they landed at Plymouth

(Mass.) after sailing on the (Mass.) after sailing on the MayflowerMayflower Wrote the Mayflower Compact on Nov. 21, Wrote the Mayflower Compact on Nov. 21,

16201620

British Restrictions and Colonial GrievancesBritish Restrictions and Colonial Grievances

After the French & Indian Wars, the British After the French & Indian Wars, the British began taxing the American colonists severelybegan taxing the American colonists severely

-Sugar Act (1764)-Sugar Act (1764)

-Stamp Act (1765)-Stamp Act (1765)

--””Intolerable Acts (1774)Intolerable Acts (1774) Why?Why? The major reason for these laws was to raise The major reason for these laws was to raise

revenue to help pay off the war debt that revenue to help pay off the war debt that stemmed from the French and Indian Warstemmed from the French and Indian War

First Continental CongressFirst Continental Congress

Called in Sept. 1774, but there was little Called in Sept. 1774, but there was little talk of independencetalk of independence

The focus was to restore the political The focus was to restore the political structure that was in existence before structure that was in existence before the passage of the unfair taxes the passage of the unfair taxes

-to create a list of grievances to be sent -to create a list of grievances to be sent to King George IIIto King George III

Had the Crown and Parliament relented on Had the Crown and Parliament relented on many of their demands it is possible the many of their demands it is possible the Declaration of Independence would never Declaration of Independence would never have been issued.have been issued.

Second Continental CongressSecond Continental Congress

Called May 1775, and things have Called May 1775, and things have changedchanged

Fighting had already taken place; Fighting had already taken place; where?where?

Congress established an army.Congress established an army. Made Washington the general in Made Washington the general in

chief and pursued the Revolutionary chief and pursued the Revolutionary War.War.

COMMON SENSECOMMON SENSE

Early 1776, Thomas PaineEarly 1776, Thomas Paine’’s s Common Sense Common Sense was was publishedpublished

The pamphlet made observations in the colonies The pamphlet made observations in the colonies concerning the relationship with Britainconcerning the relationship with Britain

This would be the inspiration for the Declaration of This would be the inspiration for the Declaration of IndependenceIndependence

The Declaration of IndependenceThe Declaration of Independence Based on ideas developed by John Locke (Based on ideas developed by John Locke (Two Two

Treatises on Government) Treatises on Government) written in 1690written in 1690

Natural RightsNatural Rights• Natural rights: life, liberty, and the pursuit of Natural rights: life, liberty, and the pursuit of

happinesshappiness

Social ContractSocial Contract• Based on the idea of consent of the Based on the idea of consent of the

governed, and that governments had the governed, and that governments had the responsibility to protect the natural right responsibility to protect the natural right rights of its citizens.rights of its citizens.

• If the government failed to do so, the If the government failed to do so, the people had the right to revolt.people had the right to revolt.

Click the mouse button or press the Space Bar to display the information.Click the mouse button or press the Space Bar to display the information.

• In July 1775, the Continental Congress sent the Olive Branch

Petition to the king.

-said that the colonies were still loyal to King George III

-asked the king to call off the army while a compromise could be made.

-he refused to look at it

The Decision for Independence

• On July 4, 1776, Continental Congress accepted a document written by Thomas Jefferson.

-stated why the colonies had to separate

-pleaded with other countries to understand and not get involved

• -Sent Declaration of Independence to King George

AFTER THE AMERICAN AFTER THE AMERICAN REVOLUTIONREVOLUTION

After the American Revolution, the colonies now had the After the American Revolution, the colonies now had the task of setting up a new independent governmenttask of setting up a new independent government

The first form was The Articles of Confederation on Mar. The first form was The Articles of Confederation on Mar. 1, 17811, 1781

13 states were in a 13 states were in a ““leagueleague”” together together Congress was a unicameral house with the members of Congress was a unicameral house with the members of

each state (usu. 2 -7) each state (usu. 2 -7)

would have only one vote / statewould have only one vote / state

Led by a President of Congress (not to be confused with Led by a President of Congress (not to be confused with a President of the Executive Branch)a President of the Executive Branch)

See chart on next slide for powers of CongressSee chart on next slide for powers of Congress Accomplishments:Accomplishments:

(1) settlement of western terr. Claims(1) settlement of western terr. Claims

(2) Northwest Ordinance of 1787(2) Northwest Ordinance of 1787 What were the weaknesses?What were the weaknesses?

The primary reason for the establishment of the The primary reason for the establishment of the Articles was to organize the states so they could Articles was to organize the states so they could defeat the British forces and gain independence defeat the British forces and gain independence from Britain.from Britain.

-States retained most of the power and the -States retained most of the power and the central government had a very limited role in central government had a very limited role in the governing process.the governing process.

-The loyalty most citizens had was to their state -The loyalty most citizens had was to their state first and foremost.first and foremost.

ShayShay’’s Rebellion – farmers were upset about the s Rebellion – farmers were upset about the treatment of the debt that the farmers owedtreatment of the debt that the farmers owed

Quickly put down, but demonstrated the lack of power Quickly put down, but demonstrated the lack of power the central govt. had to protect the peoplethe central govt. had to protect the people

The Confederal Government Structure Under the Articles of Confederation

THE NEED FOR A CHANGETHE NEED FOR A CHANGE

Due to the problems with the A.O.C., many saw the need Due to the problems with the A.O.C., many saw the need for a change.for a change.

May 14, 1787, delegates met in Philadelphia to May 14, 1787, delegates met in Philadelphia to ““revise revise the A.O.C.the A.O.C.””

Every state sent delegates except R.I.Every state sent delegates except R.I. Once they began looking at the A.O.C.,Once they began looking at the A.O.C.,

they realized that it was uselessthey realized that it was useless

Instead they decided to throw out the articles and start Instead they decided to throw out the articles and start overover

They worked in secret all summer because if they were They worked in secret all summer because if they were found out, it could be considered treasonfound out, it could be considered treason

But, from the start, there were disagreements amongst But, from the start, there were disagreements amongst the delegatesthe delegates

Framers of the ConstitutionFramers of the Constitution– Anti-Federalist (Republicans) opposed any centralization of Anti-Federalist (Republicans) opposed any centralization of

power. power. – Federalists favored a stronger central governmentFederalists favored a stronger central government– The beliefs of the delegates ranged from the near-The beliefs of the delegates ranged from the near-

monarchism of Hamilton to definite decentralized monarchism of Hamilton to definite decentralized republicanism. republicanism.

– Some of these last people left when they saw the federalist Some of these last people left when they saw the federalist tenor of the proceedings.tenor of the proceedings.

– One of the most contested debates centered on the CongressOne of the most contested debates centered on the Congress

Politicking and Compromises:Politicking and Compromises:The Virginia PlanThe Virginia Plan

called for a bicameral house called for a bicameral house

-lower house chosen by people-lower house chosen by people

-upper house chosen by lower house-upper house chosen by lower house # of rep. based on population# of rep. based on population

thus favoring larger statesthus favoring larger states Est. an executive branchEst. an executive branch Est. a national judicial systemEst. a national judicial system

Politicking and Compromises:Politicking and Compromises:The New Jersey PlanThe New Jersey Plan

““one state, one voteone state, one vote”” Congress could regulate trade and impose Congress could regulate trade and impose

taxestaxes All Congressional acts would be the All Congressional acts would be the

supreme law of the landsupreme law of the land Est. a executive branch which would Est. a executive branch which would

create a Supreme Courtcreate a Supreme Court

The Great Compromise: The Connecticut The Great Compromise: The Connecticut CompromiseCompromise

Bicameral house (H. of Rep. & Sen.)Bicameral house (H. of Rep. & Sen.)

-H. of Rep. = based on population and -H. of Rep. = based on population and would chose the Sen.would chose the Sen.

-Sen. would be 2 / state-Sen. would be 2 / state

Politicking and Compromises: Politicking and Compromises: The Three-Fifths CompromiseThe Three-Fifths Compromise

Northern states wanted to ban the importation of Northern states wanted to ban the importation of slaves, while Southern states did not. slaves, while Southern states did not.

Southern states wanted slaves counted in the Southern states wanted slaves counted in the population for the purposes of determining the number population for the purposes of determining the number of members each state sent to the House ofof members each state sent to the House of

Representatives, but not for property taxes.Representatives, but not for property taxes.

The Three-Fifths Compromise provided that 3/5 of the The Three-Fifths Compromise provided that 3/5 of the slaves would be counted (or each slave would count as slaves would be counted (or each slave would count as 3/5 of a person.)3/5 of a person.)

This did stop the bickering over slavery, but it did ensure This did stop the bickering over slavery, but it did ensure that slavery would continue until the next generationthat slavery would continue until the next generation

Working Toward the Final AgreementWorking Toward the Final Agreement

--Separation of Powers

- The legislative, executive, and judicial powers to be independent of each other

– Checks and Balances. Checks and Balances.

--each branch can check the actions of the others --each branch can check the actions of the others branches (p 54)branches (p 54)

– Selecting a President Selecting a President

---- Electoral College meant that the president was not to Electoral College meant that the president was not to be chosen by Congress, but not by a popular vote, be chosen by Congress, but not by a popular vote, either.either.

The Final DocumentThe Final Document

– popular sovereigntypopular sovereignty– a republican governmenta republican government– a limited governmenta limited government– a federal system where both the national and the a federal system where both the national and the

state governments each have their own sphere of state governments each have their own sphere of influence.influence.

RatificationRatification

The Federalist PapersThe Federalist Papers • An attempt to persuade the public to support the new An attempt to persuade the public to support the new

form of government. form of government. • Federalist #10Federalist #10 and and Federalist #51Federalist #51 provide an excellent provide an excellent

view of James Madisonview of James Madison’’s political theory concerning s political theory concerning human naturehuman nature

The March to the FinishThe March to the Finish

– The vote by the Virginia ratification convention was The vote by the Virginia ratification convention was essential and somewhat close. essential and somewhat close.

– The New York vote was even closer and put the The New York vote was even closer and put the Constitution Constitution ““over the top.over the top.””

– At this point, North Carolina and Rhode Island had At this point, North Carolina and Rhode Island had little choice but to join.little choice but to join.

Support for the New ConstitutionSupport for the New Constitution

• BeardBeard’’s Thesiss Thesis

-Historian Charles Beard argued that the Constitution -Historian Charles Beard argued that the Constitution was put through by an undemocratic elite intent on the was put through by an undemocratic elite intent on the protection of property.protection of property.

• State Ratifying ConventionsState Ratifying Conventions

-These conventions were elected by a strikingly small -These conventions were elected by a strikingly small part of the total population.part of the total population.

• Support Was Probably WidespreadSupport Was Probably Widespread. . But the Const. was too strong for someBut the Const. was too strong for someRequired that the Const. provide some protection Required that the Const. provide some protection

for ind. libertiesfor ind. liberties

The Bill of RightsThe Bill of Rights

“Bill of Limits”

—No Explicit Limits on State Government Powers. — Did not apply to state governments. —The restrictions only were applicable to the national government until the 14th amendment incorporated some of these rights.

The Formal Amendment ProcessThe Formal Amendment Process

– Every government needs to be able to cope with new Every government needs to be able to cope with new and unforeseen problem. and unforeseen problem.

– Any Constitutional change should, however, be taken Any Constitutional change should, however, be taken with extreme caution. with extreme caution.

– If the process to amend the Constitution is rigorous, If the process to amend the Constitution is rigorous, there should be ample time to consider the merits of there should be ample time to consider the merits of such a change.such a change.

Informal Methods of Informal Methods of Constitutional ChangeConstitutional Change

Congressional LegislationCongressional Legislation Congressional LegislationCongressional Legislation Judicial ReviewJudicial Review Interpretation, Custom, and UsageInterpretation, Custom, and Usage