Unit 2 - Foundations Of American Government

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…)

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

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)

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 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

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.

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

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.”

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

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

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

Establishes legislative supremacy
Magna Carta
Habeas Corpus
Petition of Right

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

Who had most of the power in the Articles of Confederation?
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

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

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

Where was the Constitutional Convention held?
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.

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

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

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

Which plan had two executives?
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.”

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???
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)

Which of the following owned slaves?
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 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

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?

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

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

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 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

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

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)

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.

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Unit 2 - Foundations Of American Government

by David Osman on Sep 12, 2008

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Unit 2 - Foundations Of American Government — Presentation Transcript