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Evolution of American Law: From Roots to Constitutional Framework

Explore the journey of American law from English heritage to the Constitution, featuring influential figures like John Locke, the Declaration of Independence, and the Articles of Confederation. Learn about the Philadelphia Convention of 1787 and the challenges faced in ratification. Understand the structures, separations of powers, judicial review, and the process of amending the Constitution.

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Evolution of American Law: From Roots to Constitutional Framework

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  1. Ch. 2: The ConstitutionalFramework

  2. Roots of American Law • English Heritage • Natural Rights Theory & John Locke • The Revolutionary Philosophy & the Declaration of Independence • Common law

  3. Roots of American Law, cont. • Colonial Governments • Mayflower Compact • Legislatures • Bicameral vs. Unicameral

  4. The Articles of Confederation (1781) • Our first “constitution” • State-centered; weak national government • “League of friendship” between states • Major decisions required unanimity • No compulsory tax power • “. . . a half-starved, limping Government that appears to be always moving upon crutches, and tottering at every step.” -GW

  5. Time for a change • The Annapolis Convention (1786) • Alexander Hamilton • Call for a Convention, Philadelphia, 1787 • Shays’ Rebellion-Massachusetts

  6. The Philadelphia Convention, May-September, 1787 • “Revise and extend” the Articles of Confederation • The Delegates • George Washington • James Madison, the “Father” • Benjamin Franklin, Alexander Hamilton • Non – Delegates: • Patrick Henry • Thomas Jefferson • Rhode Island

  7. The Scene: Philadelphia • “Not a pleasant place” • President Washington • Rule of secrecy

  8. The Issues: Legislative Power • Madison’s VIRGINIA PLAN • Bicameralism • Paterson’s NEW JERSEY PLAN • Sherman’s CONNECTICUT COMPROMISE

  9. The Issues: Slavery and Apportionment • Taxation & Legislative Representation in the Constitution • The Three-fifths Compromise

  10. Signed Sept. 17, 1787 “A Republic, if you can keep it. . .”

  11. Ratification • Art. VII required 9 states to ratify • Federalists v. Antifederalists

  12. The Federalist Papers • Alexander Hamilton • James Madison • John Jay

  13. Ratification • New Hampshire makes 9 • Virginia and the Bill of Rights • New York

  14. Structures in the Constitution • Separation of Powers (3 branches) • Aristotle, Baron de Montesquieu • Checks & Balances • Deliberate inefficiencies • Parties & Divided Government

  15. Judicial Review • Marbury v. Madison, 1803 • John Marshall • Writ of Mandamus

  16. Amending the Constitution • Proposing Amendments: • By 2/3 vote of both houses of Congress or • A national convention called by 2/3 of states • Ratifying Amendments: • Legislatures of ¾ of the states or • Ratifying conventions in ¾ of the states • Examples: ERA; 27th Amendment

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