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The Constitution: Historical Context Andrew Martin University of Kentucky

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Page 1: Constitution1

The Constitution: Historical Context

Andrew MartinUniversity of Kentucky

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Life in England

● Economic Conditions Inequality throughout society – many poor farmers Little land, overcrowding Colonization thought to be good way to invest

wealth, extract resources for Britain Good for exporting unwanted groups

(e.g. criminals, the poor, religious minorities)

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Life in England

● Political conditions Sectarian religious violence and upheaval plagued

England Fighting between established Anglican church and

Puritans Crown/parliament repressed dissent

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Incentives to Immigrate

● 1. Economic Gold, silver, other natural resources could be

extracted for profit Land – either self-sufficiency or exporting crops

● 2. Religious Freedom to worship Establish a “city on a hill”

● 3. Political self-determination self-reliance

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Governance in New England

● Most colonies were established through royal charter. Royal governors were appointed and responsible

only to the crown. Every colony had an elected assembly. Assemblies had little legal force but were useful to

royal governors. Governors wanted good advice, esteem of citizens.

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Governance in New England

● Eventually the arrangement became trouble: Supporters of the crown in the colonies tended to

be the wealthy and elite, as in Great Britain. Many received special land grants and privileges

not open to ordinary citizens. Colonists became increasingly suspicious of power. Colonists could easily avoid royal/colonial control

because they could move around freely.

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French and Indian War (1754-1763)

● Britain incurred large war debts● English citizens unhappy about taxes;

Parliament needed to generate revenue● Parliament decided to generate revenue by

taxing American colonies Taxed other colonies Break from earlier policy of lower taxation Break from policy of “salutary neglect,” or loose

enforcement of trade laws in colonies.

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French and Indian War (1754-1763)

● Colonial Taxation:● Sugar Act (1774) – Tariffs imposed on

molasses and rum, increased customs enforcement

● Stamp Act (1765) – Direct tax on pamphlets, newspapers, playing cards, dice, marriage licenses, legal documents

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French and Indian War (1754-1763)

● Colonial Taxation:● Townsend Acts (1767) – Tariffs imposed on

lead, paper, paint, glass, and tea● Tea Act (1773) – Exempted East India

Company from tariffs on tea.● Duties on imports and direct taxes hurt both

merchants and colonial consumers.● Royal Proclamation of 1763: King George also

prohibited colonists from moving west of the Appalachian mountains.

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Tea Party fallout

● In 1774, Britain responds by passing harsher laws known as the Coercive Acts, or Intolerable Acts. Closed Boston Harbor

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Tea Party fallout

● In 1774, Britain responds by passing harsher laws known as the Coercive Acts, or Intolerable Acts. Closed Boston Harbor British officers who were arrested stood trial in

England instead of in colonial courts. Quartering Act – obligated citizens to house British

troops. Quebec Act – Strengthened British-controlled

central government in Canada.

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First Continental Congress (1774)

● Formed in response to Coercive Acts.● FCC calls for boycott of British goods.● But delegates still hope for a peaceful

reconciliation with Great Britain.

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First Continental Congress (1774)

● Formed in response to Coercive Acts.● FCC calls for boycott of British goods.● But delegates still hope for a peaceful

reconciliation with Great Britain.

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Lexington and Concord (1775)

● Mass. Gov. Thomas Gage orders troops to seize growing militia weapons arsenal in

Concord.● Patriots fired on Redcoats before they reach

Concord.● Redcoats have to retreat.

95 colonists dead 270 British soldiers dead

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Declaration of Independence (1776)

● Written by Thomas Jefferson, landmark document provides rationale for both self-

government and revolution.● Lays out tenets of democratic government

All people have natural rights. These natural rights come from the creator, and

cannot be given or taken away by government. Social Contract Theory Popular sovereignty Revolution is justified when government is

tyrannical.

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Origins of Jefferson's ideas

● John Locke (1632-1704)● Second Treatise on Government

State of nature (the time before government or laws)

Complete, unrestricted freedom In such a state, no rights are safe (Hobbes) Therefore, governments were formed to protect

natural rights

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Declaration of Independence (1776)

● The rest of the document formally lays out grievances with King George III and the British government. Some highlights: No form of representation for colonists Dissolving legislative bodies and making

governance difficult for them. Refusal to approve important public law. Lack of an independent judiciary. Using a standing army for intimidation and control. Forced quartering of troops. Lack of government, military accountability.

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The Revolutionary War

● Fought from 1775-1783.● The colonists won the war because:

Leadership of Gen. George Washington, whose Continental Army won enough high-profile battles to convince his soldiers, other foreign powers the war could be won.

Writings and ideas of revolutionary era thinkers (e.g. Thomas Paine).

● Common Sense● “Crisis” papers

Assistance from France.

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Articles of Confederation (1781)

● Devised during the first year of the war and but not put into effect in 1781.

● Written when suspicion of governmental power was at its peak.

● Authors wanted to create a loose federation of states while retaining state-level autonomy.

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Articles of Confederation (1781)

● Provisions included:● Unicameral Legislature● Each state has one vote in legislature.● Delegates are appointed and paid by state

legislatures.● No official head of the executive department.● Congress was given nominal power but in

reality was very weak.

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Articles of Confederation (1781)

● Had many limitations. Congress could not:● Levy taxes. Congress had to request money

from states.● Regulate commerce.● Conduct national, consensus foreign policy.● Establish a national commerce system.● Force state compliance with federal laws.● Establish a draft.● Collect money from states for services

performed.

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Articles of Confederation (1781)

● Ultimately failed because:● No way to finance operation of government.● No commercial regulation.● No ability to establish unified foreign policy.● Too difficult to amend.

Required unanimous consent to amend document.● Did not establish leadership or government

accountability.

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Shays Rebellion (1786)

● Colonists hit hard by postwar depression.● Imported food flooded market and depressed

crop prices.● Farmers could not pay debts. Banks began

foreclosing on land/assets.● Massachusetts state legislature did nothing to

ease plight of farmers.

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Shays Rebellion (1786)

● Farmer and Patriot militia Capt. Danial Shays led 2,500 farmers in uprising against Massachusetts state legislature.

● Massachusetts appealed to federal government for help, but none was available.

● Rebels captured and sentenced to death, but later all were pardoned.