The Constitution: Understanding Its Significance and Legal Protection

2. 2 The Constitution Is this legal? Burning the flag is legal, despite the objections of a majority of American citizens. How can that be? The answer is that it is speech that is constitutionally protected. The Constitution supersedes ordinary law, even when the law represents the wishes of a majority of citizens.

3. Video: The Big Picture 2 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Edwards_Ch02_The_Constitution_Seg1_v2.html

4. 2 Learning Objectives Describe the ideas behind the American Revolution and their role in shaping the Constitution 2.1 Analyze how the weaknesses of the Articles of Confederation led to its failure 2.2

5. 2 Learning Objectives Describe the delegates to the Constitutional Convention and the core ideas they shared 2.3 Categorize the issues at the Constitutional Convention and outline the resolutions reached on each type of issue 2.4

6. 2 Learning Objectives Analyze how the components of the Madisonian system addressed the dilemma of reconciling majority rule with the protection of minority interests 2.5 Compare and contrast the Federalists and Anti-Federalists in terms of their background and their positions regarding government 2.6

7. 2 Learning Objectives Explain how the Constitution can be formally amended and how it changes informally Understanding the Constitution 2.7 Assess whether the Constitution establishes a majoritarian democracy and how it limits the scope of government 2.8

8. Video: The Basics 2 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg2_Constitution_v2.html

9. Describe the ideas behind the American Revolution and their role in shaping the Constitution 2.1 Origins of the Constitution Core ideas explored in this section • Road to Revolution • Declaring Independence • English Heritage: Power of Ideas • American Creed • Winning Independence • “Conservative” Revolution

10. Life was good in the colonies (Slaves excepted, of course) Self-governing: Colonial Legislatures – Charters and Compacts allowed a great deal of autonomy. Reading: Ordinance of 1621 Prosperous Irritants Reading and discussion questions: The American Revolution Chapters 1&2 for Tuesday New taxes to finance French and Indian War Enforcement of trade regulations No representation in Parliament: Burke and Virtual Representation Describe the ideas behind the American Revolution and their role in shaping the Constitution 2.1 Road to Revolution

11. Describe the ideas behind the American Revolution and their role in shaping the Constitution 2.1 FIGURE 2.1: European claims in North America Britain’s Problem??

12. Proclamation of 1763

13. Describe the ideas behind the American Revolution and their role in shaping the Constitution Irritants Sugar Act 1764 (23) Currency Act 1764 Stamp Act 1765 (24) Townshend Duties (31) Quartering Act of 1765 No representation in Parliament (28) Tea Act 1773 (27) Protests and boycotts Sons of Liberty bring down the stamp Act Boston Tea Party 2.1 Road to Revolution …Or…”it’s the economy stupid.” (27)

14. Intolerable/Coercive Acts

15. The First Continental Congress 1774 Declarations and Resolves (H.O.) Reconciliation or revolution? Thomas Paine’s Common Sense Fanned revolutionary sentiments • Describe the ideas behind the American Revolution and their role in shaping the Constitution 2.1 Declaring Independence

16. Describe the ideas behind the American Revolution and their role in shaping the Constitution 2.1 Common Sense

17. Describe the ideas behind the American Revolution and their role in shaping the Constitution Declaration of Independence Thomas Jefferson: Primary author Justified revolution by listing grievances and asserting the proper function of government Audience?? The Revolutionaries needed foreign assistance. Their audience was not just their fellow colonists or British citizens back home; they would need foreign assistance to mount a successful revolution against the most powerful country in the world, particularly from Britain’s historic enemy, France. 2.1 Declaring Independence: The 2nd Continental Congress

18. Describe the ideas behind the American Revolution and their role in shaping the Constitution 2.1 Delegates in Philadelphia “Unanimity is essential, we must hang together” John Hancock “We must indeed all hang together, or, most assuredly, we shall hang separately.” B. Franklin

19. John Locke Natural rights Life, liberty, property Purpose of government is to protect Consent of the governed Limited government • Describe the ideas behind the American Revolution and their role in shaping the Constitution 2.1 English Heritage: Power of Ideas

20. Describe the ideas behind the American Revolution and their role in shaping the Constitution 2.1 • What is this “declaration” of which you speak? • Analysis Activity • Objectives: • Understand the structure of the Declaration – Its four component parts. • Identify the key ideas in the Preamble to the Declaration: Natural Rights, Social Contract, The right to revolution, popular sovereignty and the right of self determination. • Identify the main grievances advanced by the American patriots and explain how they related to the events that preceded the Constitutional Convention. • Understand the assertion of sovereignty in the concluding section and their determination to fight for it. • Identify a variety of sources for the specific language of the Declaration that made its way into the document.

21. Background • January 1776 – Common Sense is distributed throughout colonies • June 7, 1776 - Richard Henry Lee offers a resolution to Congress that “these United Colonies…ought to be free and independent” • June 11, 1776 – Congress appoints a committee to write a Declaration of Independence: Benjamin Franklin, Roger Sherman, John Adams, Robert Livingston and Thomas Jefferson

22. More Background • July 4, 1776 – Declaration of Independence is adopted by Congress, John Hancock was the first person to sign it • August 2, 1776 – Declaration of Independence is signed by 50 present members of Congress, Franklin remarks “We must all hang together or we shall hang separately.”

23. Main Author – Thomas Jefferson • Although there were 5 men appointed to write the Declaration of Independence, Jefferson was the main author • Congress only accepted the Declaration of Independence after they cut a large portion that attacked slavery

24. Enlightenment • Jefferson used the Enlightenment ideas of JOHN LOCKE • People are born with certain natural rights: life, liberty and property • People form governments to protect these rights • If governments interfere with these rights, the people have the right to OVERTHROW them

25. Purpose • To show why the colonies were revolting against Britain and Declaring their Independence • To garner aid from the British people and, most importantly, the French.

26. 4 Parts of the Declaration of Independence • Preamble • Declaration of Natural Rights • List of Grievances • Resolution of Independence

27. PREAMBLE • First part of the Declaration of Independence • Introduction • Explains why the Continental Congress wrote the Declaration of Independence

28. Preamble “When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another…a decent respect to the opinions of mankind requires that they should declare the causes which impel them to separate.” When it is necessary for people to separate from their government, these people need to tell others the reasons why they are separating.

29. Declaration of Natural Rights • Second part of the Declaration of Independence • Lists the rights of the citizens • Explains that in a republic, the government is there to protect the rights of the people • Jefferson calls these rights UNALIENABLE rights, which means they can never be taken away

30. “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness.” TAKEN FROM?? These ideas are taken from the Enlightenment thinker, John Locke who said people have natural rights like life, liberty and property. Declaration of Natural Rights

31. “That to secure these rights, Governments are instituted among Men, deriving their powers from the consent of the governed…” Reflections of Locke? Government’s job is to protect the rights of the people Governments should get their power from the people they govern Declaration of Natural Rights

32. “ That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it…it is their right, it is their duty, to throw off such Government and provide new Guards for their future security.” TRANSLATION?? If a government is not protecting the people’s rights the people have the right AND obligation to overthrow that government and start a new one. Declaration of Natural Rights

33. List of Grievances • Third part of the Declaration of Independence • List of the colonists’ complaints with England • They specifically blame King George III • There are 28 grievances, or complaints, that are listed in this section of the Declaration of Independence

34. Here are some of the complaints: British soldiers in colonies without permission Quartering British troops in the colonies Not punishing these troops when they harm colonists Cutting off the colonists’ trade with the rest of the world Taxing the colonists without their permission List of Grievances NAVIGATION ACTS STAMP ACT QUARTERING ACT TEA ACT INTOLERABLE ACTS

35. Resolution of Independence • Final part of the Declaration of Independence • Declares that the colonies are “Free and Independent States” • Includes the signatures of the signers of the Declaration of Independence

36. Resolution of Independence • These states have the power to: • Declare war • Trade with other countries • Form alliances

37. The Signers John Hancock was the first person to sign the Declaration of Independence. (He signed it very largely so King George could see it “all the way from England.”) There were 56 signers of the Declaration from all of the 13 colonies. Signing the Declaration was considered treason, punishable by death

38. Remember… • Main idea of Declaration of Independence and Constitution – governments should be based on the consent of the governed • Declaration of Independence states that people have the right to overthrow an oppressive government • The main purpose of the Declaration is to JUSTIFY the colonists’ revolt against England • First man to sign Declaration – John Hancock • John Locke you should be able to cite Locke’s contributions…

39. Describe the ideas behind the American Revolution and their role in shaping the Constitution American Creed, Winning Independence, and the “Conservative” Revolution 2.1 • Individualism • Rule by the people • “New” ideas incubated in a unique environment • Winning independence not easy • 8 years of Brutal warfare • How do you explain the Revolution? • Was it, as many political scientists and historians assert, a conservative revolution? • The colonists were fighting for independence, not a new way of life. They had not been oppressed and had been content until Parliament had imposed new taxes and regulations. They were not seeking radical change, just the ability to continue as they had been.

40. Describe the ideas behind the American Revolution and their role in shaping the Constitution 2.1 2.1 Who was the primary author of the Declaration of Independence? • John Locke • Benjamin Franklin • Thomas Jefferson • John Adams

41. Describe the ideas behind the American Revolution and their role in shaping the Constitution 2.1 2.1 Who was the primary author of the Declaration of Independence? • John Locke • Benjamin Franklin • Thomas Jefferson • John Adams

42. Analyze how the weaknesses of the Articles of Confederation led to its failure Government That Failed: 1776-1787 2.2 • Articles of Confederation • Changes in the States • Economic Turmoil • Aborted Annapolis Meeting

43. Analyze how the weaknesses of the Articles of Confederation led to its failure Articles of Confederation State-dominated government League of friendship amongst states Unicameral legislature No judiciary No executive No power to tax No power to regulate commerce Unanimity Feared strong central government The Articles established a government dominated by the states. The United States, according to the Articles, was a confederation, a “league of friendship and perpetual union” among 13 states. The Articles established a national legislature with one house in which each state had one vote, regardless of size. There was no president and no national court. Most authority rested with the state legislatures because the new nation’s leaders feared that a strong central government would become as tyrannical as British rule. 2.2

44. Analyze how the weaknesses of the Articles of Confederation led to its failure 2.2 Key provisions of the Articles of Confederation

45. Changes in the States Increases in liberty, democracy If you were a white male – reduction or elimination of property requirements New middle class…Becomes the new majority in the mid Atlantic states Artisans Farmers Elite power threatened…. Legislatures held governmental power Controlled governors…kept them weak What happens when the powers of government are out of balance??? Analyze how the weaknesses of the Articles of Confederation led to its failure 2.2

46. Analyze how the weaknesses of the Articles of Confederation led to its failure 2.2 FIGURE 2.2: Power shift: Economic status of state legislators before and after the Revolutionary War

47. Economic Turmoil and Aborted Annapolis MeetingPrimary Source Readings Postwar economic depression Shays’ Rebellion (1786) Farmers attack courthouses to prevent foreclosures Neither national nor state govt. could respond Elites privately put down rebellion Shays Presentation Analyze how the weaknesses of the Articles of Confederation led to its failure 2.2

48. Economic Turmoil and Aborted Annapolis Meeting Annapolis meeting leads to Constitutional Convention: Primary Source for Monday: 1. What pushed the Annapolis delegates to call a Constitutional Convention 2. What was to be the purpose of the proposed Constitutional Convention? Analyze how the weaknesses of the Articles of Confederation led to its failure 2.2

49. Analyze how the weaknesses of the Articles of Confederation led to its failure 2.2 2.2 What was a weakness of the Articles of Confederation? • Weak central government • No restraints on judiciary • Tyrannical executive • Legislature too large

50. Analyze how the weaknesses of the Articles of Confederation led to its failure 2.2 2.2 What was a weakness of the Articles of Confederation? • Weak central government • No restraints on judiciary • Tyrannical executive • Legislature too large