Foundations of American Government Colonies to Constitution

Research Paper On your sheet of paper you’re putting some information about your research project. Put your name 3 students you’d LIKE to work with Anyone you CAN’T work with Best times for you to meet, best times you CAN’T meet (band, football, StuCo, etc…)

On your sheet of paper you’re putting some information about your research project.

Put your name

3 students you’d LIKE to work with

Anyone you CAN’T work with

Best times for you to meet, best times you CAN’T meet (band, football, StuCo, etc…)

1 point for identifying “representative dem” 1 point for identify each of the 4 theories Up to 2 points for each ex of the theory

1 point for identifying “representative dem”

1 point for identify each of the 4 theories

Up to 2 points for each ex of the theory

Which of the following influenced American Government the most? Ancient Greece Ancient Rome Hebrews/Jews English Law French Revolution

Ancient Greece

Ancient Rome

Hebrews/Jews

English Law

French Revolution

Formation of the first governments of the 13 colonies Highly Influenced by: English Law Contracts, Juries, stare decisis English Tradition Natural rights: rights inherent in human beings, not dependent on government Consent of the governed: government derives its authority by sanction of the people Limited Government: certain restrictions should be placed on government to protect natural rights of citizens English Religion (mix of Protestantism and Catholicism)

Highly Influenced by:

English Law

Contracts, Juries, stare decisis

English Tradition

Natural rights:

rights inherent in human beings, not dependent on government

Consent of the governed:

government derives its authority by sanction of the people

Limited Government:

certain restrictions should be placed on government to protect natural rights of citizens

English Religion (mix of Protestantism and Catholicism)

Formation of the first governments of the 13 colonies What ideas influenced the first colonial governments? Hebrews- (Ten Commandments) – laws based on morals Greeks- (direct democracy) – everyone participated directly (smaller society) Romans- (Classical republic) – elect people to represent you. People practice “civic virtue”. Promotion of the common good. Moral education.

What ideas influenced the first colonial governments?

Hebrews-

(Ten Commandments) – laws based on morals

Greeks-

(direct democracy) – everyone participated directly (smaller society)

Romans-

(Classical republic) – elect people to represent you. People practice “civic virtue”. Promotion of the common good. Moral education.

What influenced the colonists? Old English Documents Magna Carta (1215) first document to limit the King’s power Established Due Process Habeas Corpus Act (1678) government must tell you what you are being held for and show evidence against you. Petition of Right (1628) Government could not tax without consent Government could not quarter troops English Bill of Rights (1689) Parliament replaced dominant power of King (legislative supremacy) Trial by jury No cruel and unusual punishment Right to bear arms

Old English Documents

Magna Carta

(1215) first document to limit the King’s power

Established Due Process

Habeas Corpus Act

(1678) government must tell you what you are being held for and show evidence against you.

Petition of Right

(1628) Government could not tax without consent

Government could not quarter troops

English Bill of Rights

(1689) Parliament replaced dominant power of King (legislative supremacy)

Trial by jury

No cruel and unusual punishment

Right to bear arms

Origins of the Constitution

The Declaration of Independence 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. –That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.

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. –That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.

The Declaration of Independence The Grievances Second part; “He has . . .” Lawyer-like dissertation making the case against Great Britain Taxation without representation Unjust trials Quartering British soldiers Abolition of colonial assemblies Policy of mercantilism

Second part; “He has . . .”

Lawyer-like dissertation making the case against Great Britain

Taxation without representation

Unjust trials

Quartering British soldiers

Abolition of colonial assemblies

Policy of mercantilism

The Declaration of Independence The Statement of Separation Last four paragraphs Announcing to the world that the colonists had no choice but to revolt Not only the colonists’ right, but their duty to change the government that oppresses “… we mutually pledge to each other our Lives, our Fortunes, and our sacred honor.”

Last four paragraphs

Announcing to the world that the colonists had no choice but to revolt

Not only the colonists’ right, but their duty to change the government that oppresses

“… we mutually pledge to each other our Lives, our Fortunes, and our sacred honor.”

The Rise of Republicanism Colonists opposed to any strong central government in the colonies Opposed to rule by the British Opposed to any permanent Union of the States Each state was seen as the sovereign authority and the only legitimate ruling force

Colonists opposed to any strong central government in the colonies

Opposed to rule by the British

Opposed to any permanent Union of the States

Each state was seen as the sovereign authority and the only legitimate ruling force

When was the Magna Carta written? 33 1066 1215 1678 1689 1776 1783 2009

33

1066

1215

1678

1689

1776

1783

2009

Protects the individual against unlawful imprisonment (detention) Magna Carta Habeas Corpus Petition of Right English Bill of Rights

Magna Carta

Habeas Corpus

Petition of Right

English Bill of Rights

Establishes legislative supremacy Magna Carta Habeas Corpus Petition of Right English Bill of Rights

Magna Carta

Habeas Corpus

Petition of Right

English Bill of Rights

Articles of Confederation First functioning Government Ratified in 1781 While Revolution is in progress Most real power with the States Binding was a ‘rope of sand’ Lots of quarrelling between the states Just one Congress Unicameral (one house) each State had 1 representative it took 9/13 States to pass a law it took 13/13 States to approve a treaty or amend the Articles No executive or judicial branch Could pass laws, make treaties, declare war & pace, borrow money, and create a postal system

First functioning Government

Ratified in 1781

While Revolution is in progress

Most real power with the States

Binding was a ‘rope of sand’

Lots of quarrelling between the states

Just one Congress

Unicameral (one house)

each State had 1 representative

it took 9/13 States to pass a law

it took 13/13 States to approve a treaty or amend the Articles

No executive or judicial branch

Could pass laws, make treaties, declare war & pace, borrow money, and create a postal system

Who had most of the power in the Articles of Confederation? The President The Congress The States The Army

The President

The Congress

The States

The Army

Articles of Confederation has Problems

Weaknesses of the A of C Congress couldn't require States to obey national laws (no Judicial branch) The central government has little power over foreign trade The Confederation has no effective military force. Each state issues its own coins and paper money The Confederation must ask states for money to support the federal Government Changes in the Articles require a unanimous vote of the thirteen, makes it impossible to change the constitution At least nine states are required to decide major issues

Congress couldn't require States to obey national laws (no Judicial branch)

The central government has little power over foreign trade

The Confederation has no effective military force.

Each state issues its own coins and paper money

The Confederation must ask states for money to support the federal Government

Changes in the Articles require a unanimous vote of the thirteen, makes it impossible to change the constitution

At least nine states are required to decide major issues

A major weakness of the national government under the Articles of Confederation was: Each state got votes based on their pollution, which cause the small states to be outvoted each time The lack of authority to regulate interstate trade Power to violate individual rights A weak executive All of the above Only 1 and 2

Each state got votes based on their pollution, which cause the small states to be outvoted each time

The lack of authority to regulate interstate trade

Power to violate individual rights

A weak executive

All of the above

Only 1 and 2

We NEED a stronger Government!!! “ Shays Rebellion” scares a lot of people A Small Rebellion of Massachusetts farmers Series of attacks on courthouses by a small band of farmers led by Revol.War Captain Daniel Shays to block foreclosure proceedings Economic elite concerned about Articles’ inability to limit these violations of individual’s property rights Can’t decide what to do with the Northwest Territory Have a ‘Constitutional Convention,’ to rework the Articles Philadelphia in May 1787 End up creating a new Constitution

“ Shays Rebellion” scares a lot of people

A Small Rebellion of Massachusetts farmers

Series of attacks on courthouses by a small band of farmers led by Revol.War Captain Daniel Shays to block foreclosure proceedings

Economic elite concerned about Articles’ inability to limit these violations of individual’s property rights

Can’t decide what to do with the Northwest Territory

Have a ‘Constitutional Convention,’ to rework the Articles

Philadelphia in May 1787

End up creating a new Constitution

Where was the Constitutional Convention held? New York Baltimore Washington, D.C. Philadelphia Richmond Atlanta

New York

Baltimore

Washington, D.C.

Philadelphia

Richmond

Atlanta

The Philadelphia Convention The U.S. Constitution was developed in 1787 at the Philadelphia Convention. Decide if each statement about the Convention below is true ( T ) or false ( F ). Rewrite any false statements to make them true. ____ Delegates from all thirteen states attended the Philadelphia Convention. ____ Thomas Jefferson was the primary writer of the Constitution. ____ The Three-Fifths Compromise dealt with the question of how to count slaves for taxation and representation. ____ The New Jersey plan proposed that representation in a national legislature should be based on population. ____ Most delegates to the Convention were wealthy male landowners. ____ The discussions of the Philadelphia Convention were kept secret from the public. ____ Most delegates to the Convention had little political experience.

The U.S. Constitution was developed in 1787 at the Philadelphia Convention.

Decide if each statement about the Convention below is true ( T ) or false ( F ). Rewrite any false statements to make them true.

____ Delegates from all thirteen states attended the Philadelphia Convention.

____ Thomas Jefferson was the primary writer of the Constitution.

____ The Three-Fifths Compromise dealt with the question of how to count slaves for taxation and representation.

____ The New Jersey plan proposed that representation in a national legislature should be based on population.

____ Most delegates to the Convention were wealthy male landowners.

____ The discussions of the Philadelphia Convention were kept secret from the public.

____ Most delegates to the Convention had little political experience.

Constitutional Convention 55 delegates from 12 states meet ‘for the sole and express purpose of revising the Articles of Confederation’ “ the well-bred, the well-fed, the well-read, and the well-wed” Average age is 42, 2/3 lawyers, 1/3 owned slaves Had political experience, from cities No Rhode Island, John Adams, Thomas Jefferson, Sam Adams, John Hancock, or Patrick Henry! Father of the Constitution James Madison of Virginia Spoke over 200 times Took extensive notes

55 delegates from 12 states meet ‘for the sole and express purpose of revising the Articles of Confederation’

“ the well-bred, the well-fed, the well-read, and the well-wed”

Average age is 42, 2/3 lawyers, 1/3 owned slaves

Had political experience, from cities

No Rhode Island, John Adams, Thomas Jefferson, Sam Adams, John Hancock, or Patrick Henry!

Father of the Constitution

James Madison of Virginia

Spoke over 200 times

Took extensive notes

The Philadelphia Convention Philosophy into Action Human Nature which is self-interested Political Conflict which leads to factions Objects of Government including the preservation of property Nature of Government which sets power against power so that no one faction rises above and overwhelms another

Philosophy into Action

Human Nature

which is self-interested

Political Conflict

which leads to factions

Objects of Government

including the preservation of property

Nature of Government

which sets power against power so that no one faction rises above and overwhelms another

Constitutional Conflict!!! Virginia Plan Strong national government Three branches of government (legislative, executive, judicial) Two houses of congress, based on population Big states like it! VA, Penn, NC, Mass, NY, MD JUST before was voted on, NJ introduced a new plan New Jersey Plan Three branches (same three) ONE house – equal representation Two executives Issues of Equality

Virginia Plan

Strong national government

Three branches of government

(legislative, executive, judicial)

Two houses of congress, based on population

Big states like it!

VA, Penn, NC, Mass, NY, MD

JUST before was voted on, NJ introduced a new plan

New Jersey Plan

Three branches (same three)

ONE house – equal representation

Two executives

Which plan favored a more powerful central government? Virginia Plan New Jersey Plan

Virginia Plan

New Jersey Plan

Which plan had two executives? Virginia Plan New Jersey Plan

Virginia Plan

New Jersey Plan

Constitutional Compromise Connecticut Compromise Roger Sherman of Conn presents the compromise House of Reps is based on population Senate has two representatives per state (equal representation) “ Upon what principal shall the states be computed in representation?” Gouverneur Morris Issues of North v. South South wanted slaves to be counted in population Elbridge Gerry (Mass) said “Blacks are property and are used to the southward as horses and cattle to the northward” If you want slaves to count “make them citizens and let them vote.”

Connecticut Compromise

Roger Sherman of Conn presents the compromise

House of Reps is based on population

Senate has two representatives per state (equal representation)

“ Upon what principal shall the states be computed in representation?”

Gouverneur Morris

Issues of North v. South

South wanted slaves to be counted in population

Elbridge Gerry (Mass) said “Blacks are property and are used to the southward as horses and cattle to the northward” If you want slaves to count “make them citizens and let them vote.”

Slavery and Representation When Elbridge Gerry said “Blacks are property and are used to the southward as horses and cattle to the northward” If you want slaves to count “make them citizens and let them vote,” What was he saying???

When Elbridge Gerry said “Blacks are property and are used to the southward as horses and cattle to the northward” If you want slaves to count “make them citizens and let them vote,” What was he saying???

When Elbridge Gerry said “Blacks are property and are used to the southward as horses and cattle to the northward” If you want slaves to count “make them citizens and let them vote,” What was he saying??? Slaves are equal to cattle Slaves should be equal to whites The Southerners are hypocrites Slavery should be abolished

Slaves are equal to cattle

Slaves should be equal to whites

The Southerners are hypocrites

Slavery should be abolished

Slavery and the Constitution Issue of Slavery Declaration of Independence is beginning to change people’s attitudes towards slavery South Carolina and Georgia threatened to leave the Union James Madison (Father of the Constitution) comes up with a compromise 3/5 Compromise Made a mockery of the Declaration 3/5 of slaves were counted, for representation purposes Ended the slave trade coming IN to the country in 20 years (1808)

Issue of Slavery

Declaration of Independence is beginning to change people’s attitudes towards slavery

South Carolina and Georgia threatened to leave the Union

James Madison (Father of the Constitution) comes up with a compromise

3/5 Compromise

Made a mockery of the Declaration

3/5 of slaves were counted, for representation purposes

Ended the slave trade coming IN to the country in 20 years (1808)

Which of the following owned slaves? George Washington Thomas Jefferson John Adams Benjamin Franklin All of the above Only 1 and 2

George Washington

Thomas Jefferson

John Adams

Benjamin Franklin

All of the above

Only 1 and 2

The Agenda in Philadelphia The Individual Rights Issues Some were written into the Constitution: Prohibits suspension of writ of habeas corpus No bills of attainder No ex post facto laws Religious qualifications for holding office prohibited Strict rules of evidence for conviction of treason Right to trial by jury in criminal cases Some were not specified Freedom of speech and expression Rights of the accused

The Individual Rights Issues

Some were written into the Constitution:

Prohibits suspension of writ of habeas corpus

No bills of attainder

No ex post facto laws

Religious qualifications for holding office prohibited

Strict rules of evidence for conviction of treason

Right to trial by jury in criminal cases

Some were not specified

Freedom of speech and expression

Rights of the accused

The Madisonian Model To prevent a tyranny of the majority, Madison proposed a government of: Limiting Majority Control Separating Powers Creating Checks and Balances Establishing a Federal System Federalist Paper #51

To prevent a tyranny of the majority, Madison proposed a government of:

Limiting Majority Control

Separating Powers

Creating Checks and Balances

Establishing a Federal System

Federalist Paper #51

The Madisonian Model

The Madisonian Model

The Madisonian Model The Constitutional Republic Republic: A form of government in which the people select representatives to govern them and make laws Favors the status quo – change is slow The End of the Beginning The document was approved, but not unanimously. Now it had to be ratified.

The Constitutional Republic

Republic: A form of government in which the people select representatives to govern them and make laws

Favors the status quo – change is slow

The End of the Beginning

The document was approved, but not unanimously. Now it had to be ratified.

What about the Executive Branch? Chief Executive One? Two?/Three? How long should the President serve? How to choose? Congress picks the President? People elect him? Electors from each state? Electoral College?

Chief Executive

One?

Two?/Three?

How long should the President serve?

How to choose?

Congress picks the President?

People elect him?

Electors from each state?

Electoral College?

The Executive Single chief executive Electoral College to keep Congress out Clunky system Intended to prevent the riff-raff from deciding election 4-year term of office Constitutional Convention: The Final Agreement

The Executive

Single chief executive

Electoral College to keep Congress out

Clunky system

Intended to prevent the riff-raff from deciding election

4-year term of office

Electoral College Has changed a lot since 1787 Number of electors from each state determined by the number of Senators plus Representatives Whoever gets 270, wins! www.270towin.com www.electoral-vote.com

Has changed a lot since 1787

Number of electors from each state determined by the number of Senators plus Representatives

Whoever gets 270, wins!

www.270towin.com

www.electoral-vote.com

Amending the Constitution

Constitutional Change The Informal Process of Constitutional Change Judicial Interpretation Marbury v. Madison (1803): judicial review Changing Political Practice Technology Increasing Demands on Policymakers

The Informal Process of Constitutional Change

Judicial Interpretation

Marbury v. Madison (1803): judicial review

Changing Political Practice

Technology

Increasing Demands on Policymakers

The Philadelphia Convention The U.S. Constitution was developed in 1787 at the Philadelphia Convention. Decide if each statement about the Convention below is true ( T ) or false ( F ). Rewrite any false statements to make them true. ____ Delegates from all thirteen states attended the Philadelphia Convention. ____ Thomas Jefferson was the primary writer of the Constitution. ____ The Three-Fifths Compromise dealt with the question of how to count slaves for taxation and representation. ____ The New Jersey plan proposed that representation in a national legislature should be based on population. ____ Most delegates to the Convention were wealthy male landowners. ____ The discussions of the Philadelphia Convention were kept secret from the public. ____ Most delegates to the Convention had little political experience.

The U.S. Constitution was developed in 1787 at the Philadelphia Convention.

Decide if each statement about the Convention below is true ( T ) or false ( F ). Rewrite any false statements to make them true.

____ Delegates from all thirteen states attended the Philadelphia Convention.

____ Thomas Jefferson was the primary writer of the Constitution.

____ The Three-Fifths Compromise dealt with the question of how to count slaves for taxation and representation.

____ The New Jersey plan proposed that representation in a national legislature should be based on population.

____ Most delegates to the Convention were wealthy male landowners.

____ The discussions of the Philadelphia Convention were kept secret from the public.

____ Most delegates to the Convention had little political experience.

Ratification Ratify – to approve Federalist Supported the Constitution In favor of ratifying From larger states, cities, merchants Alexander Hamilton James Madison John Jay John Adams George Washington Anti-Federalist Against the constitution Would create an overbearing & overburdening central govt hostile to personal freedoms Would ruin the country with taxes Wanted a Bill of Rights Giving up state power to Federal Government made them uneasy Patrick Henry Aaron Burr Sam Adams Thomas Jefferson

Federalist

Supported the Constitution

In favor of ratifying

From larger states, cities, merchants

Alexander Hamilton

James Madison

John Jay

John Adams

George Washington

Anti-Federalist

Against the constitution

Would create an overbearing & overburdening central govt hostile to personal freedoms

Would ruin the country with taxes

Wanted a Bill of Rights

Giving up state power to Federal Government made them uneasy

Patrick Henry

Aaron Burr

Sam Adams

Thomas Jefferson

The Federalist Papers Collaborative writing of Hamilton, Jay, and Madison Series of 85 essays defending the Constitution and republican form of government Considered the best political theorizing in the US Anti-Federalist view Such patriots as Samuel Adams and Patrick Henry Const. a document written by aristocrats, for aristocrats Would create an overbearing & overburdening central govt hostile to personal freedoms Wanted a list of guaranteed liberties, or a bill of rights Decried the weakened power of the states The Difficult Road to Ratification

The Federalist Papers

Collaborative writing of Hamilton, Jay, and Madison

Series of 85 essays defending the Constitution and republican form of government

Considered the best political theorizing in the US

Anti-Federalist view

Such patriots as Samuel Adams and Patrick Henry

Const. a document written by aristocrats, for aristocrats

Would create an overbearing & overburdening central govt hostile to personal freedoms

Wanted a list of guaranteed liberties, or a bill of rights

Decried the weakened power of the states

Federalists vs. Anti-Federalists Federalist Papers Written to support the ratification of the constitution Written in newspapers by anonymous authors (mostly A. Hamilton, J. Jay, J. Madison)

Federalist Papers

Written to support the ratification of the constitution

Written in newspapers by anonymous authors (mostly A. Hamilton, J. Jay, J. Madison)

Federalists and Anti-Federalists The Federalists were people who supported ratification of the Constitution. The Anti-Federalists were people who opposed it. Below are arguments made by the Anti-Federalists against the Constitution. Under each one, explain in your own words how the Federalists countered this concern. The national government would have too much power at the expense of the states. There would be no protection of the individual rights of citizens against the government. Congress could do anything with the Necessary and Proper Clause. The president would be similar to a king.

The Federalists were people who supported ratification of the Constitution.

The Anti-Federalists were people who opposed it.

Below are arguments made by the Anti-Federalists against the Constitution. Under each one, explain in your own words how the Federalists countered this concern.

The national government would have too much power at the expense of the states.

There would be no protection of the individual rights of citizens against the government.

Congress could do anything with the Necessary and Proper Clause.

The president would be similar to a king.