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John Lovretta/The Hawk Eye/AP Images

2. The Constitution. John Lovretta/The Hawk Eye/AP Images. 2.1. Roots of the U.S. Constitution Trade and Taxation. By the 1760’s, a century + of physical separation, development of colonial industry and self-governance led to weakened ties and loyalties to the crown.

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John Lovretta/The Hawk Eye/AP Images

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  1. 2 The Constitution John Lovretta/The Hawk Eye/AP Images

  2. 2.1 Roots of the U.S. ConstitutionTrade and Taxation By the 1760’s, a century + of physical separation, development of colonial industry and self-governance led to weakened ties and loyalties to the crown. • Costly French and Indian War • New taxes on sugar and paper items • Sugar Act • Stamp Act • "No taxation without representation"

  3. First Steps Toward Independence Stamp Act Congress formed to address grievances Was the first official meeting of the colonies but was largely unsuccessful. More taxes followed and tensions rose Boston Massacre, 1770 2.1

  4. First Steps Toward Independence Committees of Correspondence build public opinion against Britain. Paul Revere’s famous engraving of Boston Massacre played fast and loose with facts. Boston Tea Party – followed Tea Act, granting British merchants a monopoly on tea while undercutting colonial merchants 2.1

  5. 2.1 The 1st & 2nd Cont. Congress • First Continental Congress Oct-1774 • Wanted to iron out differences with Great Britain • Declaration of Rights and Resolves which called for colonial rights of petition and assembly, trial by peers, freedom from standing army and selection of rep. council to levy taxes. King was all, “Mmmm? Nah!” • Battle of Lexington and Concord April-1775 • Second Continental Congress April-1775 • Olive Branch Petition (July - 1775) • Thomas Paine's Common Sense – galvanized American public against reconciliation

  6. 2.1 The Declaration of Independence • Committee of Five – Included Franklin of Penn, Adams of Mass, Robert Livingston of NY, Roger Sherman of Conn & principal author Thomas Jefferson of VA to add a Southern balance. • John Locke • Social contract theory • Life, liberty, and property

  7. 2.2 Articles of Confederation • Each state retained independence and sovereignty • 1 state = 1 vote • Nine states needed to pass any measure • Unanimous vote to pass any amendment • This government saw our nation through the Revolutionary War

  8. 2.2 Problems Under the Articles of Confederation • No power to tax • No power to regulate commerce • No executive to implement laws • No judicial system • No coercive power over states • Farmers protest farm foreclosures • Shays and followers shut down court • No state militia to quell the uprising Shays's Rebellion

  9. 2.3 Miracle in Philadelphia • Congress, under the Articles, called for a constitutional convention, “for the sole and express purpose of revising the Articles of Confederation.” • Randolph and Madison of VA, proposed 15 resolutions recommending a new government. His plan was called… • Virginia Plan • Favoured by Large states • Powerful central government • Representation based on population • New Jersey Plan • Favoured by Small states • Weak central government • Representation by state

  10. 2.3 Constitutional Compromises • The Great Compromise • Bicameral legislature • Number of representatives based on population • Representatives directly elected • States given equal votes in Senate • Senators elected by state legislatures • Division of power between national and state governments

  11. 2.3 Constitutional Compromises • The Issue of Slavery • No limits for 20 years • The Three-Fifths Compromise • Representation determined by counting slaves as three-fifths of a person • NOT IN BOOK…3/5 compromise helped determine a states population for the purpose of: • 1. Representation in the House of Representatives and… • 2. A states tax liability to the federal government

  12. 2.3 Unfinished Business: The Executive Branch • One-person executive • 4-year term • Electoral College • Impeachment

  13. 2.4 The Basic Principles of the Constitution • Federalism • Power divided between national and state governments • National government considered supreme • Power derived from the people • Separation of Powers • Executive branch – Enforces laws • Legislative branch – Makes the laws • Judicial branch – Interprets the laws • Checks and Balances • Each branch has powers to check the other two branches.

  14. 2.4 What are the separation of powers and checks and balances under the U.S. Constitution? Rob Hill/Fotolia Vacclav/Fotolia trekandphoto/Fotolia

  15. 2.4 Structure of the Constitution • Article I: Legislative branch • Enumerated powers – Section 8 • Necessary and proper clause also called the Elastic clause are the basis for implied powers • Article II: Executive branch • commander in chief • authority to make treaties and federal appointments • execute the laws faithfully • Article III: Judiciary branch • Articles IV through VII • Full faith and credit • Supremacy clause • Amendment process

  16. 2.5 Federalists Versus Anti-Federalists • Federalists favored strong national government. • Anti-Federalists favoured strong state governments. • Ratification process was contentious

  17. 2.5 The Federalist Papers • 85 essays by Federalists • Alexander Hamilton (51) • James Madison(26) • John Jay(3) • Appeared in New York newspapers • Theoretical, scholarly • Anti-Federalists responded with critique of Constitution

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