Chapter 2 The Constitution

1. Chapter 2The Constitution • The First Founding: Interests and Conflicts • The Second Founding: From Compromise to Constitution • The Constitution

2. “No Taxation Without Representation” • These words stirred a generation of Americans to action against their own government. • Opposition to changes in British tax and trade policies were challenged by the colonists on the grounds that the colonies had no representatives in the British Parliament.

3. The First Founding: Interests and Conflicts • British Legacy and Colonial Interests • Political Strife and the Radicalizing of the Colonists • 1st and 2nd Continental Congress • The Declaration of Independence • The Articles of Confederation • The Constitution

4. British Political Legacy • Magna Carta - 1215 • Protection of life, liberty, and property • Trial by peers • Taxation with Parliaments approval • Petition of Rights - 1628 • Prohibits imprisoning political opposition (habeas corpus) • Crown must obey laws • Bill of Rights - 1689 • Crown cannot interfere in elections • Parliamentary approval to raise army • Crown has to rule with consent of Parliament

5. Tax and Trade Policy • Seven Years War (French and Indian War) - 1754 to 1763 • Changes in British tax and trade policy became necessary after war. • Britain needed to find new sources of income to pay off growing national debt.

6. The Five Sectors of Colonial Society • New England merchants • Southern planters • Royalists • Shopkeepers, artisans, and laborers • Small farmers

7. Colonial Beginnings 1609 to 1620

8. Colonies 1621 to 1639

9. Colonies 1662 - 1732

10. Colonial Population

11. Tax and Trade Policy • The Stamp Act of 1765 and the Sugar Act of 1764 were met with opposition by the New England merchants and Southern planters. • Quartering Act of 1765. • More taxes on commodities including tea occur in 1767. • Boston Massacre - 1770. • Burning of the Gaspee - 1772. • Boston Tea Party - 1773.

12. Tax and Trade Policy • The British response to colonial opposition only strengthened colonial resistance. • Closed Boston Harbor, restructured Massachusetts government, restricted town meetings, forced quartering of troops, trials in England or Canada. • These Coercive Acts led to a call for a boycott, the Battles of Lexington and Concord.

13. First Continental Congress • 9/5/1774 - 10/26/1774 • “Association of 1774” • Ban and boycott of British goods. • British troops fortify Boston area. • Battle of Lexington and Concord occur 4/19/1775.

14. Second Continental Congress • 5/10/1775 to 3/2/1789 • John Hancock elected first President. • Militia’s declared full army. • George Washington selected as CinC. • Sent the Olive Branch Petition. • Established - • Committee of Whole • Board of War • Committee on Foreign Affairs • Committee on Spies • Committee of Five. • Suggested colonies write state constitutions. • “Common Sense”

15. The Declaration of Independence • Committee of Five - Jefferson, Adams, Franklin, Sherman, Livingston • Thomas Jefferson is the principal author. • It relies heavily on the philosophy of John Locke. Locke claimed all people had inalienable rights to life, liberty and property. • It outlines the principles of government and declares independence from England.

16. The Articles of Confederation • Creates our first constitutional government in November of 1777. • Better known for the lack of powers given to the national government. • One state one vote, no executive, no authority over states, no economic controls, had foreign policy powers. • Lasted only 12 years.

17. Weaknesses in the Articles of Confederation

18. The Articles of Confederation:International - Financial Crisis • The inability of the Articles of Confederation to tax resulted in a weakening of bonds. • Trade wars erupted between the states. • Inflation resulted from each state printing currency. • An economic and political crisis developed.

19. The Articles of Confederation:Shays’s Rebellion • An individual was more likely to be imprisoned for debt than for any other crime. • Daniel Shays led a rebellion of debtors in Massachusetts in the August of 1786. • The rebellion demonstrated need for stronger government.

20. The Articles of Confederation:The Annapolis Convention • The crisis led to a meeting in Annapolis in the fall of 1786. • At the convention, delegates agreed to meet in Philadelphia one year later to discuss revising the Articles of Confederation.

21. The Constitutional Convention:A Marriage of Interest and Principle • Delegates met beginning in May 1787. • Delegates represented the elite in American society. • Charles Beard argues that the Constitution reflects an interest in protecting economic power.

22. The Constitutional Convention:Conflict and Compromise • The Virginia Plan favored states with large populations. • The New Jersey Plan favored the smaller states. • The Connecticut Plan reached a compromise over representation.

23. The Constitutional Convention:The Question of Slavery • Were the slaves to be counted for representation purposes? • The Three-fifths Compromise resolved the issue of how to count the slaves for purposes of representation • Twenty year moratorium on slave importing

24. Fight for Ratification • The struggle for ratification centered around two factions—Federalists and the Antifederalists. • Each reflected different sectors of early American society.

25. Federalists vs. Antifederalists • These two groups debated the necessity and design of the new and stronger central government on the following grounds: — representation, — tyranny of the majority, — the scope of governmental power.

26. Ratification Battle • Antifederalists • Small farmer and shopkeepers wanted government close to people. • Stronger state governments and protection of liberties • Patrick Henry • Samuel Adams • Federalists • Elites favoring oligarchy feared “excessive democracy”. • Strong national government • Alexander Hamilton • George Washington • James Madison

27. The Compromise • The Bill of Rights • First 12 amendments to Constitution • Patrick Henry and others continued to oppose. • Delaware ratified in December of 1787. • Bill of Rights proposed by Congress in September 1789. • Rhode Island ratified in May of 1790. • Bill of Rights (only first 10) ratified by 9 states by December 1791.

28. Constitutional Principles • Limited government • Popular sovereignty • Federalism • Checks and Balances by Separating the Power of each branch • Bill of Rights

29. Constitutional Structure • Article I - Creates legislative branch • Article II - Creates executive branch • Article III - Creates judicial branch • Article IV - Defines state relations • Article V - Defines how to amend the Constitution • Article VI - Defines national debt and supremacy • Article VII - Ratification

30. The Constitution:The Legislative Branch • Bicameral • House — 65 (435) members — two year terms — elected by the people • Senate — 26 (100) members — six year terms

31. House members were to be elected directly by the voters. Designed to encourage popular control over the legislative process Senators initially chosen by the state legislatures. Designed to insulate Senate from voters The 17th Amendment (1913) direct election of U.S. senators. The Constitution:Legislative Branch

32. The Constitution:Legislative Branch • Article I, Sec. 8, spells out the enumerated or delegated powers of the United States government, including the power to — collect taxes, — regulate commerce. • The necessary and proper clause provides Congress with greater latitude in exercising its Article I, Sec. 8, powers.

33. The Constitution:Executive Branch • Article II creates the presidency. • President is to be elected through an electoral college that insulates the office from Congress and the masses. • Powers of the president are rather vague and ambiguous.

34. The Constitution:Judicial Branch • Article III creates the U. S. Supreme Court. • Judges are appointed by the president with the advice and consent of the U.S. Senate. • Judicial review • Marbury v. Madison

35. The Constitution:National Unity and Power • Article IV provides that the civil acts of one state shall be recognized by all the states (marriages, divorces, etc.). • Article VI, the supremacy clause, provides that the Constitution and laws of the United States enacted pursuant to constitutional authority are the supreme law of the land.

36. The Constitution:Amending the Constitution • Amending the Constitution is a lengthy and difficult process. • Only twenty-seven amendments have been ratified since 1789.

37. The Formal Constitutional Amending Procedure

38. The Citizen’s Role and the Changing Constitution • Amendments: Many are Called, Few are Chosen • Which Were Chosen? An Analysis of the Constitutional Amendments

39. Amendments:Many are Called, Few are Chosen • Between 1789 and 1996, more than 11,000 amendments have been offered in Congress. • Only twenty-seven have been ratified. • The amendment process is a difficult one.

40. The Constitution:Limits on Power • The Constitution attempts to limit the power of the national government through — separation of powers with a system of checks and balances, — Federalism, — The Bill of Rights.

41. The Constitution:The Separation of Powers • The Constitution provides for the separation of powers to ensure that no one branch holds too much power. • Madison used ambition to counter ambition.

42. Separation of Powers

43. Checks and Balances among the Branches of Government