1 / 99

Unit IB : Constitutional Underpinnings

Unit IB : Constitutional Underpinnings. The U.S. Constitution. What is it?? Unique, novel, born of necessity and political division Boring, rational, mechanical prose (thanks Goveneur Morris!) Blueprint for a federal government A bundle of Compromises An experiment

lisandra-bishop
Download Presentation

Unit IB : Constitutional Underpinnings

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Unit IB : Constitutional Underpinnings

  2. The U.S. Constitution • What is it?? • Unique, novel, born of necessity and political division • Boring, rational, mechanical prose (thanks Goveneur Morris!) • Blueprint for a federal government • A bundle of Compromises • An experiment • A conservative movement achieved by liberal means • The “Supreme Law of the Land” • “Novus Ordo Seclorum” • A generational document • An imperfect document

  3. The War for Independence 1765-1781 • Goal: LIBERTY! • Achieved within Empire 1765-1775 • Boycotts (most famous in Williamsburg) • Protests • Boston Tea Party • Stamp Act Congress • 1st CC • Etc… • Achieved through war/independence after 1775

  4. Colonial Thinking • English Constitution failed to check political power (whose?) • All English politicians are corrupt (colonial?) • Liberties fought for based on “natural rights” • War is POLITICAL , not economic

  5. War of Ideology • Make political authority legitimate (how?) • Secure personal liberties (which ones?) • Government based on consent (who votes?) • Political power granted by written constitution • Legislature superior to Executive (why?)

  6. States Adopt Revolutionary Ideas • Written State Constitutions (Fundamental Orders of Conn) • Representative Governments (VA House of Burgesses) • Bill of Rights (based upon Virginia Statute of Religious Freedom and F.O. of Conn.)

  7. Writing & Adopting the US Constitution • Historical/Philosophical/Intellectual Foundations • Greeks: Democracy • Equality of all persons • Popular Sovereignty • Voting rights/Citizenship

  8. Ancient Rome • Republican Government/The Republic • Separation of Powers • Checks and Balances

  9. English Constitutionalism • Magna Carta • Signed 1215 by King John • Democratic Ideas • Separate legislatures ( The Great Council/Parliament) • No taxation w/out representation • Freedom from unjust arrest (arrest warrants) • Trial by jury of peers (nobles only)

  10. English Constitutionalism • The Petition of Right • Signed in 1628 by King Charles I • Democratic ideas: • No taxation w/out representation • Can’t be jailed prior to jury verdict (bail) • No quartering of troops in peacetime • No martial law in peacetime

  11. English Constitutionalism • English Bill of Rights • Signed in 1689 by William and Mary of Orange • Democratic Ideas: • “free” speech and press • No excessive bail or fines • No cruel and unusual punishments • “free” election for Parliament (Common created) • All laws require the consent of Parliament (the people)

  12. John Locke • Social Contract Theory • Natural Rights • Government by consent • Right to revolution • Etc…

  13. Henri, the Baron deMontesquieu • Power corrupts • Separation of Powers • Checks and Balances • Need for a written constitution

  14. The Federalist • Creation of/explanation of a federal Republic • Federal: powers constitutionally divided w/ supremacy given to the national gov’t • Republic: people elect representatives to make the laws

  15. Unique American Experience • Location • Land • Diversity (ethnic, religious, racial, etc…) • New “American” Culture

  16. Colonial/American Economic, Political, & Social Developments • “Salutary Neglect” • French and Indian War • Changes in policy

  17. Revolutionary Period • Causes of Revolution • Taxes ! • Trade restrictions • Protests lead to violence (Boston Massacre, Tea Party, Williamsburg Boycott, etc…) • Arrest warrants for legislators, leaders, etc… • Etc…

  18. Declaration of Independence July, 4, 1776 • Social Contract Theory? • “all men created equal” • Natural rights • Purpose of gov : protect rights • Government by consent • Right to revolution

  19. Declaration of Independence • Committee of Five • John Adams • Ben Franklin • Robert Livingston(John) • Roger Sherman • Thomas Jefferson

  20. Declaration of Independence • Jefferson/Democratic Ideals • “All men are created equal…” • “…they are endowed by their creator with certain inalienable rights…” • “…that among these are life, liberty, and the pursuit of happiness” • “that whenever any government becomes destructive to these ends it is the right of the people to alter or abolish it…”

  21. Purposes of Declaration • Get international support • Increase enlistments • Turn colonial sentiment to favor Revolution/Independency • Damage “British” troops morale • Propaganda • Explain why we are fighting • Create a democratic gov.

  22. Was it a success? • French gave money, ships, troops, weapons, etc.. • Colonial enlistments increased dramatically • Colonial sentiment appears to favor Independency • “British” desertions increase • Etc…

  23. State Constitutional Conventions • Each State meets to write a new “charters” or State Constitutions • Election of representatives (US Congress) eligibility to vote • Separation of powers (3 branches) • Election of Governors • Checks and Balances • Limited Government • Etc…

  24. The Articles of Confederation • Written by Richard Henry Lee in 1778 • Ratified in 1781 • Need for? National Constitution necessary • Adoption: Unanimous consent required

  25. Articles of Confederation • Weaknesses: • National gov. cannot effectively tax • No national law enforcement • No Executive Branch • No Judicial Branch • Congress cannot international or interstate trade • Each State gets 1 vote in Congress • No mandatory power to raise army/navy • National laws needed a 9 of 13 vote • Amendments required unanimous consent of the States • Only a “firm league of friendship”; not a union

  26. Confederation Period (Critical Period)1781-1787 (89) • Newburg Mutiny, 1783 • Alexandria and Mount Vernon Conventions (1785) • Annapolis Convention, 1786 • SHAY’S REBELLION, 1786

  27. Constitutional Convention, May-Sept 1787 • Purpose: “revise” the Articles of Confederation

  28. Who are the delegates? • 56 men from 13 States • Primarily well-educated (college grads) • Protestants • Propertied Class • Predominately lawyers • Politicians • Concerned w/ property rights and contract law • Feared the tyranny of the majority • Etc…

  29. Significant Delegates • George Washington: President of the Convention • Alexander Hamilton: advocate of stronger Nat’l Gov.; would have preferred a monarchy • James Madison: author of the Virginia Plan; created Federalism, took copious notes of debates • Edmund Randolph: Gov of VA; presented the VA Plan • William Patterson: author of the NJ Plan • George Mason: champion of Bill of Rights • Gouveneur Morris: author of the Constitution • Ben Franklin: “the negotiator” • Roger Sherman: Quaker Minister and creator of Great Compromise • The Pinkneys: SC delegates who insured the survival of slavery • George Read: creator of the idea of a Supreme Court • Etc…

  30. Who isn’t there? • Thomas Jefferson: Ambassador to France • John Jay: Ambassador to Spain • John Adams: Ambassador to England • Sam Adams: lost election! • Patrick Henry: “smelt a rat” and refused to attend • John Hancock: indicted for war profiteering and awaiting trial (found not guilty)

  31. Reasons for Swearing to Secrecy • Keep the media from influencing outcome • Allow delegates to discuss all issues without interference or fear • Weren’t supposed to be writing a new constitution!

  32. Main(Major) Problem they were sent to resolve! • How strong should the national government be? • Fear of tyranny • What about States’ Rights?

  33. Major Characteristics of Madisonian Model of Government • Federalism • Proportional Representation in the Legislature • Direct election of Executive and Legislative by the people of the States • Single person executive • Independent Judiciary (life appointments)

  34. Slavery Question(s) • Should slavery remain legal? • Should there be restrictions on the slave trade? • Should the States or National government be able to tax slaves as property? • Should slaves be counted in the census? • Should new territories be allowed to determine for themselves if they be slave or free?

  35. Virginia V. New Jersey Plans

  36. Major Compromises • Great/Connecticut/Sherman Compromise • Issue: representation in Congress • VA Plan: proportional two House Legislature • NJ Plan: equal representation in one house legislature • Compromise created by Sherman& Franklin • Bicameral Legislature • Senate: Equal Representation (2 per State) • House of Reps: Proportional Representation (1 rep minimum)

  37. Executive Compromise • Issue: what should the Executive Branch look like and how should it be selected? • VA: 1 person directly elected by the people • NJ: 5 person team, elected by the Governors • Compromise: • One President • Election indirectly by the people via Electoral College • Renewable 4 year terms

  38. 3/5ths Compromise • Issue: should slaves be counted in the census to determine the population of a State for the purposes of determining representation in the House? • South: YES! • North: NO! • Compromise: slaves will count as 3/5ths of a person in the census

  39. Commerce and Slave Trade Compromise • Issue: how will the new national government raise revenue to pay the war debt? • South: fear taxes/restrictions on slave trade • North: fear taxes/restrictions on trade • Compromise: • No taxes on slaves • No restrictions on slave trade for 20 years • No export duties • Trade agreements with other nations will need Senate approval

  40. Basic Changes in Government

  41. Ratification of the Constitution • Method: two part process • 1. Delegates at National Convention (majority needed to propose; 39 of 56 signed) • 2. Delegates at 13 State Conventions (need 9 States to vote yes)

  42. Federalist Arguments for Ratification • National government under the Articles is too weak to protect us from other nations • National government under the Articles cannot effectively tax, regulate trade, or protect rights (property) • National government under the Articles cannot enforce the law • Massive war debts cannot be paid under current system • Economic problems (recession, inflation, debt, et…) require a stronger national government

  43. The Federalist Papers • 65 editorials published in NY newspapers • Written to convince delegates to the New York Convention to vote yes on ratification • Written by Hamilton(40), Madison(20), & Jay (5) • Written under the name “Publius” • Defended and explained every part of the Constitution in the language of the day • One of the best and most effective examples of political propaganda

  44. Anti-federalist Opposition • Famous Anti-federalists include: • George Mason (demanded a Bill of Rights) • Thomas Jefferson • Patrick Henry • John Hancock

  45. Anti-federalist Arguments Against Ratification • No mention of God or religious freedom • Ratification process not required to be unanimous (only 9 of 13 needed) • Took away important States’ Rights • Gave the National Government too much power • No protection of civil liberties (Bill of Rights)

  46. Constitutional Principles • Government by Law: • Definition: government is created by a constitution or charter (rule of law) • History of: more than 3000 years old (Sumaria) • Written Law: began with Hammurabi’s Code in 1750 BCE (Sumaria) • Advantages: • Gives people notice of crimes/punishment • Limits governments powers

  47. Supremacy/Constitution as Highest Law • Article VI, Section 2: The Supremacy Clause • Conflicting law is unconstitutional • Judicial Review of Law • Marbury v. Madison

  48. Representative Government • Definition: government in which the people elect representatives to make the laws • Republican/Republic/ Indirect Democracy • Majority Rule/Minority Rights: Congress represents the majority while the Courts protect the minority

  49. Separation of Powers • Purpose: prevent any one branch from becoming too powerful • Article I: Congress (make law) • Articles II: President (enforce law) • Article III: Supreme Court (interpret law)

  50. Checks and Balances • Purpose: place limits on each of the branches of the National Government

More Related