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Unit 2 academic

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  • 1. Unit 2 Academic Creating the United States
  • 2. 1. Colonial America
  • 3. A. Salutary Neglect
    • Economic benefits
      • Colonies run themselves (and pay for it)
      • Little time or money required of England.
    • Colonial Charters
      • Joint-Stock – Business owned.
      • Royal – controlled by crown.
      • Proprietary – Controlled by person or group.
  • 4. III. Reasons for Colonization
    • Economics
      • Heavy taxes and debt plagued both rich and poor.
      • Land ownership was difficult in densely packed Europe.
      • Natural resources were abundant in New World.
    • Religion
      • Religious wars since the Reformation.
      • Many nation-states were dominated by 1 religion, leaving little freedom for minority.
      • Some Anglicans left after Charles I was executed.
      • Puritans were afraid of persecution once Cromwell’s government fell.
      • Quakers sought a new home with Penn.
      • Catholics faced persecution throughout Northwestern Europe.
    • Political
      • Few people had rights in Europe.
      • Nobles held most of the power.
      • New World promised new leadership
  • 5. B. Colonial Examples
    • Pennsylvania
      • 21 yr + white men who paid taxes could vote.
      • Representatives had 1 year terms.
      • Unicameral legislature.
      • Many rights given by proprietor (William Penn)
    • Virginia
      • Originally Jamestown Colony.
      • Joint-stock charter by Virginia Company.
      • First elected legislature – House of Burgess.
  • 6.
    • Massachusetts
      • Plymouth Bay Colony
        • Originally headed to Virginia, but blown off course.
        • Mayflower Compact signed establishing a right of the majority to rule.
      • Massachusetts Bay Colony
        • Headquarter in Boston.
        • Many locally elected officials.
        • Taxes paid to church.
        • Eventually joined with Plymouth.
  • 7. 2. Declaration of Independence
  • 8. A. Cause for Break
    • French and Indian War
      • 1754-1763
      • French/Indians and British (Americans) attempt to take Ohio River Valley.
      • British Prime Minister William Pitt takes out loans and heavily taxes English to win war.
      • British win.
    • Proclamation of 1763
      • Peace with Natives.
      • OR Valley is placed under military control.
      • Americans – no moving west.
  • 9.
    • Who won the war?
      • British - our military.
      • Americans- our militia.
    • British want Americans to shoulder burden of debt.
    • PM George Grenville = new taxes & laws to help the Americans take care of the military & debt.
    A. Cause for Break
  • 10.
    • vi. Sugar Act 1764 – 1 st enforced.
      • Smugglers tried in Admiralty Court
      • NO JURY
    • Quartering Act 65’– colonists provide food & housing for troops.
    • Stamp Act 65’ – paper products must be stamped (costs $).
    A. Cause for Break
  • 11. B. Break Occurs
    • Stamp Act Congress 65’ – delegates wrote protest to London.
      • Englishman’s rights crushed.
      • No taxation without representation.
    • Boycotts of British products.
    • Tax collectors tarred and feathered.
    • 66’ Parliament repeals Stamp Act
    • Declaratory Act – We can do what ever we want.
    • Townshend Act – tax on lead, tea, paint, etc 67’.
  • 12.
    • Boston Massacre – 11 American casualties when troops fire on crowd.
    • Tea Party – Patriots disguised as Indians throw tea over board.
    • Committees of Correspondence – Patriotic writings between colonies.
    • Sons of Liberty had organized boycotts.
    • Coercive Acts – passed in anger to Boston.
      • Closed port at Boston.
      • Eliminates most self-government of MA.
      • Quebec Act – gives Ohio to the French-Canadians!
    • xii. First Continental Congress – Cont. boycotts, asks colonists to arm, sends Declaration of Resolves to plead Englishman’s rights.
    B. Break Occurs
  • 13. C. Violence Occurs
    • April, 1775 – Battles of Lexington and Concord.
    • Second Continental Congress Meets
      • Olive Branch Petition by John Dickinson asks for peace from king.
      • King George III wants rebellion crushed.
      • Declaration of Independence is written by Thomas Jefferson.
      • Inspired by Enlightenment – John Locke’s ideas of basic rights (life, liberty, property).
  • 14. III. Articles of Confederation
      • A. Alliance of States
        • Created in 1777 and adopted by the Continental Congress
        • Established a national government in 1781.
        • Legislative branch only.
          • No executive
          • State courts only
          • States sent as many delegates as they wanted
          • States only received one vote
  • 15. 4. State Constitution
          • Most states adopted a list of duties of the government
          • Most states also adopted a “bill of rights.”
  • 16. B. Trouble with the Articles
        • 1. Economic hardships faced the nation
          • America had $50 million debt.
          • Continued to print worthless money.
          • Many failed to pay back money owed to wealthy.
          • Wealthy complained average citizens had too much power.
  • 17. 2. Nationalists Arise
          • Wanted to restrain unpredictable behavior of states.
          • Feared lack of national courts and economic policy.
          • Expressed concerns in newspapers.
          • Included:
            • George Washington
            • James Madison
            • Alexander Hamilton
            • Benjamin Franklin
          • Feared America’s culture of challenging authority.
          • European and Roman Republics had failed.
          • Believed America should be a world model.
  • 18. 3. Weaknesses of Articles of Confederation
          • One vote for each states, no matter what size
          • Congress cannot collect taxes
          • Congress was powerless to regulate foreign and interstate commerce.
          • No separate executive branch to enforce law.
          • No national court to interpret law.
          • Amendment only possible with unanimous approval.
          • 9/13 majorities needed to pass laws.
          • “ Firm league of friendship.”
  • 19. 4. Annapolis Convention - 1786
          • Only five states sent delegates.
          • Agreed on meeting the next year.
  • 20. C. Shays’ Rebellion
          • Daniel Shays the war veteran, led a revolt over unpaid bills and taxes.
          • Rebellion put down.
          • Prominent Americans saw need for order.
  • 21. IV. Constitution of the United States of America
  • 22. A. Constitutional Convention
        • May – September 1787
        • Meetings kept secretive amongst the hot and humid summer.
        • 55 delegates.
          • Familiar with Western philosophy
          • Mostly wealthy planters & merchants
          • Most were college graduates with some political experience
          • Many were coastal residents from the larger cities, not the rural areas
  • 23. c. James Madison
            • Father of Constitution
            • Studied government a year before meeting
            • Believed people were selfish creatures
            • Government would help control lust for power.
    James Madison
  • 24. 4. Debate would ensue throughout convention
          • a. Amend Articles of Confederation vs. start from scratch
            • Federalists wanted new, central government
            • Anti-federalists wanted Articles with strong state governments
            • Federalists dominated and Articles were dropped.
  • 25. b. Big vs. Small States
            • Virginia Plan
            • Executive and judicial branch would exist.
            • legislature proportional to population
            • New Jersey Plan – every state gets and equal vote.
  • 26. iii. Great Compromise
            • Bicameral legislature
            • Lower House – House of Representatives by population
            • Upper House – Senate by states
  • 27. c. Slaves to be counted or not?
            • Southerners want slaves to be counted so representation to House would be greater
            • Northerners opposed
            • Three-Fifths Compromise
            • 3/5 counted
            • Slaves - no rights
  • 28. The Madisonian Model
    • The Constitution and the Electoral Process: The Original Plan (Figure 2.2)
  • 29. The Madisonian Model Figure 2.3
  • 30. Ratifying the Constitution
  • 31. B. Ratification
        • Nine of thirteen states needed to ratify.
        • Founding Fathers Split
          • a. Federalist paper written to persuade New Yorkers to ratify.
          • Anti-federalists – opposed the Constitution, favored states.
          • Passed all 13 states after Bill of Rights is promised.
    Patrick Henry
  • 32. C. Federalists Convince the States
          • Articles were weak.
          • Federalists had a plan.
          • Federalists were well organized.
          • George Washington, national hero, backed the Constitution.
  • 33. Constitutional Change Figure 2.4
  • 34. D. Bill of Rights
          • Added to appease the Anti-Federalists that freedoms would be protected.
          • Federalists believed government was “by the people,” so the people had nothing to fear.
          • Concrete, yet debatable set of rules.
  • 35. i. Freedom of expression
            • Religion
            • Speech
            • Press
            • Assembly
            • Petition
  • 36. Freedom of Religion
    • The Establishment Clause
      • “ Congress shall make no law respecting the establishment of religion.”
    • The Free Exercise Clause
      • Prohibits government from interfering with the practice of religion
      • Some religious practices may conflict with other rights, and then be denied or punished
  • 37. Freedom of Expression
    • Prior Restraint
      • Definition: A government preventing material from being published. Censorship.
      • May be permissible during wartime.
      • May be punished after something is published.
  • 38. Freedom of Expression
    • Free Speech and Public Order
      • Limited if it presents a “clear and present danger”
      • Permissible to advocate the violent overthrow of government in abstract, but not to incite anyone to imminent lawless action
      • Limited if on private property, like a shopping center
  • 39. Freedom of Expression
    • Free Press and Fair Trials
      • The public has a right to know what happens.
      • The press’ own information may not be protected.
      • Shield laws
  • 40. Freedom of Expression
    • Obscenity
      • No clear definition on what constitutes obscenity.
      • Miller v. California stated that materials were obscene if the work:
        • appeals “to a prurient interest in sex”
        • showed “patently offensive” sexual conduct
        • lacks “serious literary, artistic, political or scientific value”
      • Local areas make their own decisions on obscenity
  • 41. Freedom of Expression
    • Libel and Slander
      • Libel: The publication of false or malicious statements that damage someone’s reputation.
      • Slander: The same thing, only spoken instead of printed.
      • Different standards for private individuals and public (politicians, celebrities) individuals
      • Difficult to prove
  • 42. Freedom of Expression
    • Symbolic Speech
      • Definition: Nonverbal communication, such as burning a flag or wearing an armband.
      • Generally protected along with verbal speech.
  • 43. Freedom of Expression
    • Commercial Speech
      • Definition: Communication in the form of advertising.
      • Generally the most restricted and regulated form of speech (FTC).
    • Regulation of the Public Airwaves
      • Broadcast stations must follow FCC rules.
      • Cable / satellite has blurred the lines.
  • 44. Freedom of Expression
    • Freedom of Assembly
      • Right to Assemble
        • Generally permissible, but must meet reasonable local standards.
        • Balance between freedom to assemble and order in society.
      • Right to Associate
        • Freedom to join groups / associations without government interference.
  • 45.
            • Militia and right to bear arms*
            • No quartering of soldiers during peace.
            • Search and seizure – warrants required.
  • 46. Defendants’ Rights
    • Searches and Seizures
      • Probable Cause: The situation occurring when the police have reason to believe that a person should be arrested.
      • Unreasonable searches and seizures: Evidence is obtained in a haphazard or random manner.
      • Exclusionary Rule: The rule that evidence, no matter how incriminating, cannot be introduced into trial if it was not constitutionally obtained.
  • 47.
    • iv. Cannot testify against oneself, no double jeopardy, natural rights cannot be taken without due process of law, property cannot be taken without payment.
  • 48. Defendants’ Rights
    • Self-Incrimination
      • Definition: The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court.
      • Fifth Amendment
      • Miranda warnings
      • Entrapments may be overturned
  • 49.
            • Speedy & public trial, accused, right to examine and provide witnesses, right to counsel.
            • Trial by jury.
            • No excessive fines, bail, or cruel and unusual punishment.
  • 50. Defendants’ Rights
    • The Right to Counsel
      • The state must provide lawyers in most criminal cases.
      • Sixth Amendment
    • Trials
      • Plea bargaining: An actual bargain between the prosecution and defense.
      • Juries generally consist of 12 people, but unanimity is not always needed to convict.
  • 51. Defendants’ Rights
    • Cruel and Unusual Punishment
      • The Eighth Amendment forbids cruel and unusual punishment.
      • The Death Penalty
        • Varies from state to state
        • Cannot be mandatory
  • 52.
            • Rights not in the Constitution are allowed.
            • Powers not in the Constitution are for the states.