“Path to the Constitution!”

1. “Path to the Constitution!” Unit 1: Constitutional Underpinnings

2. Area 1: From Jamestown to French Indian War! • Early relation: good, colonies supplied resources (cheap) and markets for British goods, in return colonies got some self rule due to distance and ocean • Mayflower Compact: first signed governing document (sort of constitution) in what became Plymouth, Mass. • Great Fundamentals (1630s): • The first basic system of laws in English colonies • Fundamentals Order of Connecticut (1639): first laid out plans of government, gave people the right to choose own governor, judges, representatives

3. Area 1: cont… • Typical Colonial government: • A written Constitution: • Included basic liberties, limited govt. • w/separation of powers: governor, legislator, court • Usually the citizens chose the legislator and legislator picked the governor and judges • Albany Plan (1754): • A plan for national government proposed by Ben Franklin, but rejected by colonies due to too much power taken from states

4. Area 2: French Indian War to Continental Congress • War: between: • British & some Indian tribes vs. French & some Indian tribes • over land in Ohio Valley due to rich fur • Won by British, but leaves Britain heavily in debt • King George takes British throne: • Solution involves series of taxes to pay for debt (stamp act, tea tax) • Colonies react with Stamp Act Congress sending declaration of rights stating only colonies can place taxes on citizens • Boston Tea Party: protest of tea tax, Colonials dump tea in harbor • British pass Coercive Acts: called Intolerable Acts by colonials, shots down Boston harbor, breaks up Boston local government, under direct control of crown • Committees of Correspondence: network of people, places, horseback riders, bells, fire torches etc… to let each town know of new news in relation to affairs with Britain

5. Area 3: First and second continental congress • Location: Philadelphia, PA to discuss British policies towards colonies, two main agreements: • Immediate embargo placed against Britain • Schedule second meeting if things do not improve • King George's reaction: • Called meeting illegal and colonies in rebellion • Sent more Red Coats to bring order • This led to battle of Lexington & Concord, Mass. The official beginning to the Revolutionary War • 2nd Continental Congress meets: • Declares self the government of united colonies • Picks Hancock as President • Washington as general • Orders continentals ($) for print to get resources and soldiers

6. Area 4: “Common Sense” to “Declaration of Independence” • Common Sense: • By Thomas Paine (Patriot), but written anonymously • Pointed out the evils of autocracy & monarchy, how King George does not care about the colonies • Significance: turned some Loyalists and many in the middle to the cause of the Patriots & revolution • A year later, the 2nd Continental Congress writes the Declaration of Independence: • By Thomas Jefferson, drew on work of Locke & Rousseau: • Part 1: declaration of human rights • Part 2: specific offenses caused by King George III • Part 3: declaration of Independence from Britain, signed

7. Area 4: Cont… • The 2nd Continental Congress also recommended each state to pursue its own Constitution & government: • All were based on representative democracy with citizens participating • All included Bill of Rights spelling out citizen rights

8. Area 5: Articles of Confederation (part 1) • AOC: proposed 1787, all 13 had to and did by 1781 • Structure: kept main features of 2nd Continental Congress: • Unicameral congress (one house) • Congress chose weak president • No court system, congress settled disputes among states • Each state one vote, regardless of population • States picked own delegates, paid them/removed them

9. Area 5: cont… • Powers of AOC: • Make war & peace • Send & receive ambassadors • Enter into treaties • Raise & equip a navy • Maintaining an army by requesting troops from state • Appoint senior military officers • Fix standards of weight & measure • Regulate Indian affairs • Establish post offices • Decide certain disputes among the states

10. Area 5: cont… • Weaknesses of AOC: • No power to levy or collect taxes, raise money by requesting or borrowing • No power to regulate trade • No power to force people to abide by the rules or to enforce them, could only advise or request cooperation • Make laws: 9/13 necessary, 5 small states could block • 13/13 had to agree to change or amend law • No executive branch meant very hard to enforce any laws • No courts meant states decided their own laws

11. Area 6: Articles of Confederation (part 2) • Three main achievements of AOC: • Policy for development of lands west of App. Mountains • Peace treaty with Britain: declaring colonies independent, new border: • Miss. R. western border • Canada Northern border • Atlantic Ocean eastern border • Florida southern border • The Future Cabinet: 4 departments that would advise President (state, war, treasury, attorney general) • The 4 main problems plaguing states: • Tariff and boundary disputes between states • States dealing with foreign nations directly rather than through congress • Debt due to revolutionary war $40 million (soldiers & foreign nations) • States also in debt due to economic depression

12. Area 6: cont… • Shay’s Rebellion: • Due to money and debt issues people’s homes taken • Daniel Shay’s loses farm due to debt, no military pay, no farm while fighting • Goes against bank and local govt., refuses to give up home • Causes rebellion of farmers, took while to put down • Warned many of risk of rebellion and lack of govt. power to do something • Warning that articles very weak in enforcement of laws

13. Area 6: cont… • Annapolis Convention: • Due to issues with AOC • Few states meet and discuss solutions, but all need to be present to change AOC • A call for all 13 to meet at Annapolis, but only a few states send delegates, so an emergency constitutional convention was called for in Philadelphia Pennsylvania 1787

14. Area 7: Constitutional Convention (Part 1) • Where & when: Philadelphia, PA; summer 1787 • Who showed: 74 appointed, 55 attended except for Rhode Island • 4 main organizational rules: • Washington chosen as chairman • Each state had one vote on all questions • Simple majority (51%) would make all decisions • At all times delegates for 7 states had to be present • 4 Key agreements: • Decided to abandon AOC and try a new govt. • All wanted a limited & representative govt. • There should be separation of powers • Strengthen the power of national govt. at cost to states

15. Area 7: cont… • Virginia plan: plan of govt. introduced by Virginia delegation (work of James Madison) • Advantage? Large states due to representation based on population • Parts: • Strong national govt. w/2 houses (bicameral) • Lower house chosen by citizens of states • Upper house chosen by lower house • Representation in both based on population • Power to bar state laws seen as unconstitutional • Strong executive branch chosen by legislature • National judiciary (courts) chosen by legislature

16. Area 8: Constitutional Convention (part 2) • Problem: small states against plan due to representation based on population, will always be outvoted • New Jersey plan: plan of govt. by small states • Structure: • Keep major features of AOC: unicameral congress based on equal representation (one state one vote) • Strengthen the power of congress: give it taxing and regulate trade power • Weak executive branch: pick multiple leaders not just one • National judiciary with limited powers, chosen by executive • Main issue between both plans: representation!

17. Area 8: cont… • Solution: • Connecticut/Great/Sherman Compromise: • Bicameral legislature: • Lower house based on population, chosen by citizens (money bills) • Upper house: based on equal representation (2 senators), chosen by each state legislature

18. Area 9: Constitutional Convention (part 3) • 3/5th Compromise: due to lower house based on population, who will count in population: • South wanted all (free & slaved) counted for representation but not taxation • North: wanted all (free and slaved) counted for taxation but not for representation • Compromise: • For every 5 slave count 3 for taxation & representation • Commerce/Slave trade Compromise: • Who will regulate trade, national or state govt., will the states be able to import more slaves? • Compromise: national will regulate trade between states & foreign countries, in return no taxation of exports • No more slave importation after 1808 (20 years), north must enforce fugitive slave act! • No more mention of slavery or end to its practice mentioned between north & south due to tensions

19. Area 9: Constitutional Convention (part 3) • Presidential term compromise: some talk about how long president should serve: • Some wanted ten years, nope like a king • Some wanted two years, nope too short cant get anything done • Compromise: 4 year term (no mention of how many) • Electoral College Compromise: who would pick president? • Some said people, nope, too dumb, popularity contest • Some said state legislature, nope can be corrupt • Compromise: a group of most educated and intelligent citizens in every state known as electoral college

20. Area 10: Ratification of Constitution! • Ratification: to formally approve something • How many? 9 out of 13 states needed • First state: Delaware • Ninth state: New Hampshire • Last: Rhode Island • Federalists vs. Anti-Federalists: • Federalists: mostly northerners, merchants, business folks, in favor of strong govt., & ratification • Anti-Fed.: mostly southerners, farmers, in favor of state govt., against ratification • Anti-Fed. Major flaw with Constitution: drafted in secrecy, took too much power from states, not supposed to change govt., but main problem no bill of rights

21. Area 10: cont… • Federalist counter argument: separation of power, check & balances, need for strong national govt. • Solution: Federalist promise to add a BOR after it is ratified due to importance of having a strong govt. in place • Which two states held out? Virginia & New York, very important to have on board due to large populations (half of all colonies) • Federalists & anti-federalists: in both states they went head to head with debates, newspaper articles etc… pushing their sides point of view, finally Federalists won the argument and joined the plan of union

22. Area 10: cont… • New Capital: they agreed to move the capital from Philadelphia to New York (financial hub) • Fist President & Vice President: unanimously chose Washington & Adams as country’s 1st! • Voters elected 22 senators, 59 representatives • Congress began its first session in NY, March 1789 • April 30th Washington took office • BOR: Madison went to work requesting the 13 state Constitutions & BOR, compared all, chose 12 of the rights all had in common, and 10 of them packaged as the BOR were ratified in 1791!