American Government

Brief History

King George III

Became King in 1760

The Colonies

The colonies were founded starting in 1607 (Virginia) and 1733 (Georgia)

Each colony formed their own system of self government

They were also part of Great Britain

Problems began to arise

The French and Indian War (1754-1763) Britain and the colonies vs. The French and

the some native tribes The British won, but it left them in tremendous

debt Britain passed some taxes on the colonies to

help pay off their debt.

Stamp Act of 1765 Tax on newspaper, almanacs, pamphlets,

legal documents , licenses dice and playing cards

Colonists were upset because it was a tax put on by the British parliament, and the colonists didn’t have representation in parliament.

“No Taxation Without Representation” Patrick Henry

In response to the Stamp Act a local group took to violence. They burned records and pillaged a British colonial officials residence.

The Stamp Act was repealed

Townsend Act of 1767 Put a tax on a long list of imports including

glass, paper, tea, lead, and paints Very much hated in the colonies.

Quartering Acts of 1765 and 1774 England had 10,000 British troops stationed in

the colonies. They were used to enforce British laws. Required private homes to provide for British

troops Colonist felt like they were being occupied Animosity between colonists and British troops

began

Colonist began to fear a standing army

What is a standing army? Why would people fear a standing army?

Boston Massacre

March 5, 1770 a mob formed around a British sentry and 8

additional soldiers. The crowd taunted them, threw objects at

them, and threatened them. Without orders the soldiers fired into the

crowd, instantly killing three people and wounding others. Two more people died later of wounds sustained in the incident.

Depictions, reports, and propaganda about the event further heightened tensions throughout the colonies

The soldiers were tried for manslaughter and only two were convicted.

The incident deepened the colonial distrust of a standing army.

Things improved over the next couple of years until…

New tensions

Spring 1773 the East Indian Company was in serious financial troubles.

Tea Act of 1773 To help them, the British parliament gave the

company a monopoly on the tea trade in America

They also retained a 3 cent tax on the colonies

Boston Tea Party

In protest to the tea act, a group of colonies known as the Sons of Liberty, disguised at Mohawk Indians, boarded the ship at night and threw 342 chests of tea into Boston harbor.

British Reaction

Britain was mad and passed a number of laws which colonists referred to as the Intolerable Acts

Intolerable Acts

1. Boston harbor was shut down until the company was reimbursed and the taxes paid.

2nd act permitted anyone charged with a crime in the colonies to be tried in Great Britain.

3rd weakened the power of the Massachusetts legislature and gave more power to the governor.

4th was a more extensive quartering act

These acts united the colonies against the British

First Continental Congress

Began September 5, 1774 Recommended a boycott of British goods. Advised people to arm and set up their own

militias.

Militia groups began to gather and train outside of Boston.

Military supplies were gathered. April, 1775 Britain sent nearly 10,000 troops

to arrest revolutionaries and confiscate their stuff in Concord, Mass.

They clashed with local militia, marking the first fighting of the Revolutionary War.

The war would be fought from 1775-1783

2nd Continental Congress (1775-1781)

Colonist sent an “Olive Branch” to reconcile with Britain but George III refused to accept it.

Winter of 1775 American troops invaded Canada

By March of 1776, with Washington as commander, British troops were forced to evacuate Boston.

On June 11, 1776 a committee was formed to draft a document explaining the justification for separation from Britain.

The declaration of Independence, written mostly by Thomas Jefferson, was signed on July 4th, 1776.

Articles Of Confederation

The “Articles of Confederation”, our first constitution, was created 1777 and officially approved by the states in 1781.

Articles of Confederation

(1781-1787)

“Power corrupts, and absolute power corrupts absolutely.”

We were very afraid of a strong national government so we created one that was ineffectually weak.

Some aspects of the Articles of Confederation

No power to tax States each had one vote (equal) No President (Executive Branch) and no court

system (Judicial Branch) Only one chamber of Congress

States were more powerful than the federal government The states held the power

What about the army?

Only allowed to have a small standing army. Ask the states for troops from state militias.

Weaknesses of the Articles

No power to tax or raise money No power to enforce laws No power to enforce trade agreements Small states had equal power to large states No executive branch No judicial branch Took a unanimous vote to change. (all 13

states)

What problems arose?

Trade disputes between the states. Money problems (Debt) Shaye’s Rebellion (1786-87)

Constitution

Constitution Convention

Called in late spring of 1787 in Philadelphia The purpose was to revise the weaknesses of the

Articles of Confederation Ended up starting from scratch. Completed September 17, 1787 Ratified by the states and went into effect in 1789.

The purpose of a Constitution

1. Sets out the ideals that the people believe in

2. Establishes the basic structure of government and defines the governments powers and duties

3. It Provides the supreme law of the country

What is a Democracy

A type of government in which the rule is by the people

Direct Democracy vs. Representative Democracy

Republic A representative democracy

Basic Principals of the Constitution

Separation of Powers

Separation of Powers

Power is divided up between three branches Legislative Branch

Congress Makes the laws

Executive Branch President Carries out the laws

Judicial Branch Supreme Court

Federalism

Sharing power between the state and national government

The states all have their own constitutions. Each state has their own government and

makes their own laws. Each state has a court system to interpret

those laws The federal government makes laws and

interprets laws also.

10th Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Article 6, Section 2 (Supremacy Clause) 2:  This Constitution, and the Laws of the

United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

Types of powers

Enumerated Powers

powers listed in the Constitution and exclusively given to the federal government

Article 1, Section 8, C1-17

Necessary and Proper Clause

18:  To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers…

Allow federal government power to make any laws as long as the law can be tied to an enumerated power.

Implied power

A power that is not specifically stated in the Constitution, but is hinted at.

An implied power must be associated with an enumerated power.

Implied powers derive from the necessary and proper clause found in (Article 1, section 8, clause 18) of the Constitution

Example: Draft

Congress has the implied power to draft because they have the following enumerated powers: Create an army and a navy

Reserved power

Powers given exclusively to the states. They include the power to issue drivers licenses, define marriage and many more.

Concurrent powers

Powers that are shared by both the Federal government and the state governments. They include the power to build roads, tax, have courts and many more.

Necessary and Proper Clause

18:  To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers…

Allow federal government power to make any laws as long as the law can be tied to an enumerated power.

McCulloh v. Maryland (1819)

1816 Congress created the 2nd Bank of the US and set up branches throughout the country.

Many states didn’t like this, they felt that the banks would compete with their own bank and that the federal government was exerting too much power

There isn’t an enumerated power in the Constitution that deals with banks.

Maryland passed an annual tax of $15,000 on the US bank.

A clerk at the federal bank (McCulloch) refused to pay the tax

He was fined and convicted in a Maryland court

He appealed to the US Supreme Court

SC settled two questions

1. Does the federal government have the right to establish a bank if it is not an enumerated power?

Answer: Yes– Since the federal government had some money powers it was then implied they could make a bank (necessary and proper)

Could a federal bank be lawfully taxed by the state?

Answer: NO—since the federal government is supreme over the states and had the right to make the bank, then they must be immune from the states. (supremacy clause)

“The Power to tax is the power to destroy”

Expansion of Federal Powers

Commerce Clause

3:  To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes

Commerce is buying and selling.

This has interpreted as allowing the federal government to make any law that can be tied to the power to regulate commerce.

Example

Civil Rights Laws

How else can the federal government exert power?

Grants in Aide

Money the federal government gives to the state.

An example is federal highway funds

Conditions of Aid

The government requires the state to do something if they are to get federal funding.

Drinking age.