Chapter 2 Th C The Constitution tit ti American Government: Continuity and Change 9th Edition The Origins of a New Nation p.32 • Colonists to the New World (early 17th century) – Escape from religious persecution – Economic opportunity – land plentiful – Independence and diversity made governance a challenge • Self-Governance – Due to long distance & the independence of the people, Ki King JJames I allowed ll d for f some local l l participation ti i ti • First elected colonial assembly (Virginia House of Burgesses, Williamsburg, 1619) The Origins of a New Nation p.32 • Colonists to the New World (early 17th century) – Escape from religious persecution – Economic opportunity – land plentiful – Independence and diversity made governance a challenge • Self-Governance – Due to long distance & the independence of the people, Ki King JJames I allowed ll d for f some local l l participation ti i ti • First elected colonial assembly (Virginia House of Burgesses, Williamsburg, 1619) Williamsburg, Vi i i Virginia The Origins of a New Nation • Colonists to the New World (early 17th century) – Escape from religious persecution – Economic E i opportunity t it – land l d plentiful l tif l – Independence and diversity made governance a challenge • Self-Governance – Due to long distance & the independence of the people, King James I allowed for some local participation • First elected colonial assembly (Virginia House of Burgesses, Williamsburg 1619) Williamsburg, • Massachusetts Bay colony, 1629 • Absence of – F Feudalism, d li rigid i id class l system, t absolute b l t authority th it off the th monarch, guild and craft systems, no single state church – Worked fairly well for 140 yrs. p.32 Trade and Taxation • Mercantilism – Economic theory designed to increase a nation’s wealth thru the development of commercial industry & a “favorable” favorable balance of trade - selling more than you buy • Colonists went along w/ it (unwritten agreement), & retained right to levy own taxes – The fragile agreement put to test in the French & Indian War, 1756-1763 (Last ( off the h Mohicans) h ) • Treaty of Paris ended the war – British didn’t want further westward expansion which would be expensive – Promote How to pay for war and administration of colonies? • Sugar Act (1764) – pay for war & the administration of the colonies • Stamp Act (1765) – Colonists oo said, a d, “no o taxation a a o without ou representation” p a o • Quartering Act (1765) – Had to house British soldiers p.33 The Sons of Liberty • Individuals throughout the colonies organized the Sons of Liberty under the leadership of Samuel Adams of Massachusetts & Patrick Henry of Virginia. p.34 The Sons of Liberty • Individuals throughout the colonies organized the Sons of Liberty under the leadership of Samuel Adams of Massachusetts & Patrick Henry of Virginia. • Especially p y violent in Boston p.34 The Sons of Liberty • Individuals throughout the colonies organized the Sons of Liberty under the leadership of Samuel Adams of Massachusetts & Patrick Henry of Virginia. • Especially p y violent in Boston • Colonists were especially upset over the Stamp Act. Act. p.34 The Sons of Liberty • Individuals throughout the colonies organized the Sons of Liberty under the leadership of Samuel Adams of Massachusetts & Patrick Henry of Virginia. • Especially p y violent in Boston • Colonists were especially upset over the Stamp Act. Act. • They encouraged the boycott of goods requiring the stamps and British imports. p.34 First Steps Toward Independence • Stamp Act Congress – Meeting of representatives of nine of the thirteen colonies – first official mtg on the way y to a new,, unified nation – Representatives drafted a document to send to the king listing how their rights had been violated • Helped a little, but… – Other acts followed, as well as violence. p.34-35 First Steps Toward Independence • Stamp Act Congress – Meeting of representatives of nine of the thirteen colonies – first official mtg on the way y to a new,, unified nation – Representatives drafted a document to send to the king listing how their rights had been violated • Helped a little, but… – Other acts followed, as well as violence. • Boston Massacre – Five colonists killed – Duties except on tea lifted p.34-35 Committees of Correspondence • T Tea tax continued i d to be b an irritant i i • Sam Adams set up the C of C • 1772 – 12 of the 13 colonies had joined the effort to maintain flow of information among like minded colonists • Boycott had piled 18M lbs of tea in warehouses • 1773 – British Parliament passed the Tea Act • Long story made short… p.34-35 Committees of Correspondence • T Tea tax continued i d to be b an irritant i i • Sam Adams set up the C of C • 1772 – 12 of the 13 colonies had joined the effort to maintain flow of information among like minded colonists • Boycott had piled 18M lbs of tea in warehouses • 1773 – British Parliament passed the Tea Act • Long story made short… – Boston Tea Party – Colonists destroyed tea shipments p.34-35 Committees of Correspondence • T Tea tax continued i d to be b an irritant i i • Sam Adams set up the C of C • 1772 – 12 of the 13 colonies had joined the effort to maintain flow of information among like minded colonists • Boycott had piled 18M lbs of tea in warehouses • 1773 – British Parliament passed the Tea Act • Long story made short… – Boston Tea Party – Colonists destroyed tea shipments Terrorism? p.34-35 King George III - Not Happy • “The die is cast” • “The colonies must either submit or triumph.” • Coercive Acts of 1774 – Known in colonies as the Intolerable Acts – Boston Harbor to be blockaded until restitution for tea is made • 4,000 more British soldiers to be quartered & p q patrol Boston p.35 King George III - Not Happy • “The die is cast” • “The colonies must either submit or triumph.” • Coercive Acts of 1774 – Known in colonies as the Intolerable Acts – Boston Harbor to be blockaded until restitution for tea is made • 4,000 more British soldiers to be quartered & p q patrol Boston Patrols in Iraq? p.35 The First Continental Congress • British had no clue the colonists would react so strongly – Not the tax as much as the question of British authority over colonies • All colonies, less GA, sent delegates to the Continental Congress – a unifying event – 56 delegates met in Philadelphia from S Sept. 5 to Oct. O 26, 26 1774 – Hoped to “iron out” differences – Drafted Declaration of Rights & Resolves • Next page p.35-36 The First Continental Congress • Declaration of Rights g & Resolves – Called for colonial rights of petition & assembly, trial by peers, freedom from a standing army army, & the selection of representative councils to levy taxes – If King did not capitulate, they would meet again in May off 1775 • George did not yield – Before B f the th Second S d Continental C ti t l Congress C could meet, fighting broke out at Lexington and Concord, MA, April 19, 1775 What 1775. Wh t happened h d on this thi date d t in i 1995? p.35-36 Lexington & Concord • “The shot heard around the world” • 8 “Minutemen” killed • 16k British troops besieged Boston The Second Continental Congress • When 2ndd Cont Cong convened, convened they made a final attempt to avert hostilities by drafting the “Olive Olive Branch Petition” asking Geo III to end hostilities ~ he refused & sent 20k additional troops – Congress had already appointed G George Washington W hi t as CINC off the th Continental Army p.36-37 The Second Continental Congress • January 1776 - Thomas Paine issued Common Sense, a pamphlet arguing for independence from Great Britain – Sold 120k copies, copies proportional to 22M today. today Amazing considering the low literacy rate • Paine later published a series of essays known as The Crisis (1780), as, (1780) which supported the revolution. – “These are the times that try men’s souls. The summer soldier and the sunshine patriot will, will in this crisis, shrink from the service of their country; but he that stands it now, deserves the love and thanks of man and woman. Tyranny, like hell, is not easily conquered; d yett we have h this thi consolation l ti with ith us, that the harder the conflict, the more glorious the triumph.” p.36-37 The Second Continental Congress • January 1776 - Thomas Paine issued Common Sense, a pamphlet arguing for independence from Great Britain – Sold 120k copies, copies proportional to 22M today. today Amazing considering the low literacy rate • Paine later published a series of essays known as The Crisis (1780), as, (1780) which supported the revolution. – “These are the times that try men’s souls. The summer soldier and the sunshine patriot will, will in this crisis, shrink from the service of their country; but he that stands it now, deserves the love and thanks of man and woman. Tyranny, like hell, is not easily conquered; d yett we have h this thi consolation l ti with ith us, that the harder the conflict, the more glorious the triumph.” p.36-37 The Second Continental Congress • Common Sense galvanized the American public against i t reconciliation ili ti with ith E England l d • On June 7, 1776, Richard Henry Lee of VA rose to move… – “…that these United Colonies are, and of right ought to be, free and independent states, and that all connection between them and the State of Great Britain is, and ought ht to t b be di dissolved.” l d” – His 3 part resolution called for • Independence • Formation of foreign alliances • Preparation of a plan for confederation – This was treason – punishable by death • SCC suspended so delegates could return home for final considerations ~ serious business p.36-37 The Declaration of Independence • A committee of five began work on the Declaration of Independence – Ben Franklin (PA), John Adams (MA), Robert Livingston (NY), Roger Sherman (CT), and Thomas Jefferson (VA), Chair – July 4, 1776: SCC voted to adopt the Declaration – July J l 9 9, 1776, 1776 Jefferson J ff read d it aloud l d att Independence Hall p.37-38 The Declaration of Independence • Content of Declaration – Drew heavily on work of John Locke • Consent of the governed – “We hold these truths to be self-evident, that all men are created equal, that they are endowed d d by b their th i Creator C t with ith certain unalienable Rights, that among these are Life, Life Liberty, Liberty and the pursuit of Happiness.” • Revolutionary War p.37-38 University U i i off Virginia Vi i i ~ December, D b 2001 p.37 The Declaration of Independence… p.37 The Declaration of Independence… …was drafted by Thomas Jefferson p.37 Chapter 2 H lf W Point Half-Way P i t 1777~Articles of Confederation • The govt established after the D of I was known as the Articles of Confederation • Ratified in 1781 - Created a national government w/ Congress empowered to: – Make p peace,, coin $, appoint pp officers for army, y, control post office, negotiate with Indian tribes – Each state sovereign – Each state one vote regardless of size – Vote of 9 to pass a resolution – Delegates g to Congress g selected & p paid by y the respective states • A of C saw the nation thru the War, but when it was over, over problems began p.38-39 1777~Articles of Confederation • The govt established after the D of I was known as the Articles of Confederation • Ratified in 1781 - Created a national government w// Congress g g empowered p to: – Make peace, coin $, appoint officers for army, control post office, negotiate with Indian tribes – Each state sovereign – Each state one vote regardless of size – Vote of 9 to p pass a resolution – Delegates to Congress selected & paid by the respective states • A of C saw the nation thru the War, War but when it was over, problems began p.38-39 A of C Weaknesses • 1781-1789 was “critical period” – – – – – Co g ess rarely Congress a e y could cou d assemble asse b e a quorum quo u (9) Little agreement on policy Couldn’t agree on taxation (econ turmoil) No reg of trade among states & foreign nations Lack of a strong central government • No executive branch to “run things” – No provision for a judicial system – Econ problems ~ crop failures • Among others, others George Washington & Alexander Hamilton saw the need for a strong central government to solve th these problems bl p.39-40 A of C Weaknesses • 1781-1789 was “critical period” – – – – – Co g ess rarely Congress a e y could cou d assemble asse b e a quorum quo u (9) Little agreement on policy Couldn’t agree on taxation (econ turmoil) No reg of trade among states & foreign nations Lack of a strong central government • No executive branch to “run things” – No provision for a judicial system – Econ problems ~ crop failures • Among others, others George Washington & Alexander Hamilton saw the need for a strong central government to solve th these problems bl p.39-40 Miracle at Philadelphia p • 1787, Congress passed a resolution calling lli ffor a Constitutional C tit ti l Convention C ti for the “sole and express purpose” of revising i i th the A Articles ti l off Confederation C f d ti – 1st day ~ Edmund Randolph & James M di Madison’s ’ VA Pl Plan proposed d resolutions l ti creating an entirely new government – Others Oth wished i h d to t keep k it much h the th same • Wm Paterson ~ The New Jersey Plan – In the end, end VA Plan triumphed p.41 Characteristics and Motives of the Framers • 55 delegates labored long & hard behind closed doors during the summer 1787 to create the Constitution – All were men ~ “The Founding g Fathers” – Most were quite young (20s-30s) & one quite old (Ben Franklin, 81) • Brought a vast amount of political, educational, legal, and business experience • Several owned slaves p.41-43 Characteristics and Motives of the Framers • Charles Beard’s Economic Interpretation of the Constitution (1913) argued that the framers were not interested in the nation as a whole,, but in their own economic interests • Beard thought they wanted a strong central govt to… – promote industry & trade – ensure payment of the pub debt • much of which was owed to them p.41-43 p.42 Virginia vs. vs New Jersey Plans • Virginia Plan – Powerful central government • Three branches – Legislative – Executive – Judicial – Two House (bicameral) Legislature • One house directly elected, l t d other th from f those nominated by state legislatures – A legislature with power to select the executive and judiciary p.43 • New Jersey Plan – Strengthening the Articles, not replacing them – Creating a one-house legislature g with one vote for each state with representatives chosen by state legislatures – Giving Congress the power to raise revenue from duties and postal service – Creating a Supreme Court appointed for life by the executive officer Constitutional Compromises over Rep esentation & Slavery Representation Sla e • The most serious disagreement between the VA & NJ plans l concerned d state t t representation t ti in Congress • Great Compromise – One house (H of R) would have 56 reps, one for @ 30k inhabitants—each directly elected by people • Would have power to originate all bills for raising and spending money – S Second d house h (Senate) (S t ) each h state t t would ld have h an equall vote—reps selected by the state legislatures – National power would be supreme • Three-Fifths Compromise – Southern states would not allow slaves to vote, but wanted them counted for purposes of determining population three fifths of all other – Whole number of free persons & “three-fifths persons” p.44 Constitutional Compromises over Rep esentation & Slavery Representation Sla e • The most serious disagreement between th VA & NJ plans the l concerned d state t t representation in Congress • Great Compromise – One house (H of R) would have 56 reps, one for @ 30k inhabitants—each directly elected by people • Would have power to originate all bills for raising and spending money – S Second d house h (Senate) (S t ) each h state t t would ld have h an equall vote—reps selected by the state legislatures – National power would be supreme • Three-Fifths Compromise – Southern states would not allow slaves to vote, but wanted them counted for purposes of determining population three fifths of all other – Whole number of free persons & “three-fifths persons” p.44 Unfinished Business Affecting the Executive Branch • Committee on Unfinished Portions – Purpose P to t iron i outt problems bl concerning the office of chief executive – Recommended a fixed term of four years, nott seven – Electoral College = Reps (Details Ch 13) – Removal of the Chief Executive • Treason, bribery, or other high crimes and misdemeanors (Details Ch 7) p.45-46 Basic Constitutional Principles • Federal System (Federalism) – Plan of government created by Constitution in which power is divided between the national government and the state governments and in which independent states are bound together under one national governmentt • Separation of Powers – Three distinct branches of g govt: legislative, g , executive, & judicial – Separately staffed branches to exercise the functions – Equality & independence of each branch • Checks and Balances – Gives each of the three branches of government some degree g of oversight g and control over the actions of the others p.46-49 p.48 The Articles of the Constitution • Article 1: The Legislative Branch – – – – – – – Powers of legislative branch Bicamerall llegislature l Qualifications for holding office Terms of office Methods of selection System of apportionment Section 8 carefully lists the enumerated powers – 17 specific ifi powers – Necessary and Proper Clause • Elastic clause – basis for implied powers p.49 The Articles of the Constitution • Article 1: The Legislative Branch – – – – – – – Powers of legislative branch Bicamerall llegislature l Qualifications for holding office Terms of office Methods of selection System of apportionment Section 8 carefully lists the enumerated powers – 17 specific ifi powers – Necessary and Proper Clause • Elastic clause – basis for implied powers p.49 The Articles of the Constitution • Article II: The Executive Branch – – – – – Vests the executive power in a president Sets the president’s term at 4 years Explains the Electoral College States the qualifications for office Describes the mechanism to replace the president in case of death, death disability, disability or removal – Limits the presidency to natural-born citizens – Powers and duties found in Section 3 • Commander in chief of the armed forces, forces authority to make treaties with Senate consent, appointment power, State of the Union, and the “take care” clause, removal of the president p.50 The Articles of the Constitution • Article II: The Executive Branch – – – – – Vests the executive power in a President Sets the president’s term at 4 years Explains the Electoral College States the qualifications for office Describes the mechanism to replace the president in case of death, death disability, disability or removal – Limits the presidency to natural-born citizens – Powers and duties found in Section 3 • Commander in Chief of the Armed Forces, Forces authority to make treaties with Senate consent, appointment power, State of the Union, and the “take care” clause, removal of the president p.50 The Articles of the Constitution • Article III: The Judicial Branch – Establishes a Supreme Court and defines its j jurisdiction – Worries of smaller states: compromise • Congress was permitted, but not required, to establish lower national courts. – Supreme Court was given power to settle disputes between states or between national government and states – Ultimately, Ultimately Supreme Court would determine what provisions of the Constitution actually meant. p.51-52 The Articles of the Constitution • Articles IV Through VII – Attempted to anticipate problems that might occur in the operation of the new national government and relations it had with the states – Article l IV: Full ll Faith h and dC Credit d Cl Clause • States honor the laws and judicial proceedings of other states • Mechanisms for admitting new states to the Union p.52-53 The Articles of the Constitution • Articles i l IV Through h h VII – Article V specifies how amendments can be added to the Constitution – Article VI contains the Supremacy Clause • Provides that the “Constitution, and the laws of the United States” as well as all treaties are to be the supreme s p eme la law of the land – supercedes s pe cedes all state law • Also specifies that no religious test shall be q for holding g office required • The linch-pin of the entire fed system – Article VII concerns the procedures for ratification of the new Constitution • Nine of thirteen states would have to agree to, or ratify, its new provisions before it would become the supreme law of the land. p.52-53 The Articles of the Constitution • Articles i l IV Through h h VII – Article V specifies how amendments can be added to the Constitution – Article VI contains the Supremacy Clause • Provides that the “Constitution, and the laws of the United States” as well as all treaties are to be the supreme s p eme la law of the land – supercedes s percedes all state law • Also specifies that no religious test shall be q for holding g office required • The linch-pin of the entire fed system – Article VII concerns the procedures for ratification of the new Constitution • Nine of thirteen states would have to agree to, or ratify, its new provisions before it would become the supreme law of the land. p.52-53 The Drive for Ratification • Once it was complete, William Jackson, secretary of the Constitutional Convention, left for NYC (th (then the th capital) it l) to t deliver d li a copy off the th new Constitution to the Congress of the Confederation which was continuing g to g govern the former colonies under the A of C – The C of C immediately accepted the work & forwarded it to the states for their vote – Fall 1787 to summer 1788 proposed Constitution was hotly debated – State politicians feared a strong central government – Farmers & other working-class people feared a distant national government – Some worried about their debts & how the new govt would handle financial policies, taxes, etc. p.53-54 Those who favored a strong new central government chose to call themselves Federalists. They nicknamed th i opponents their t Anti-Federalists. A ti F d li t The Anti-Federalists preferred to call themselves Federal Republicans. They believed in a limited federal system, and feared a strong central government p.54-55 Those who favored a strong new central government chose to call themselves Federalists Federalists. Th They nicknamed i k d their th i opponents t Anti-Federalists. A ti F d li t The Anti-Federalists preferred to call themselves Federal Republicans. They believed in a limited federal system, and feared a strong central government p.54-55 Those who favored a strong new central government chose to call themselves Federalists Federalists. Th They nicknamed i k d their th i opponents t Anti-Federalists. A ti F d li t The Anti Anti--Federalists preferred to call themselves Federal Republicans. They believed in a limited federal system, and feared a strong central government p.54-55 The Federalist Papers • Series of 85 political articles written by Alexander Hamilton (51) (51), James Madison (26), (26) & John Jay (5) ~ Pen name Publius (Latin for “the people”) – Supported the ratification of the Constitution • Masterful explanations of the Framers’ Framers intentions • Actual constitution was “dry & scholarly” – Appeared in newspapers where ratification was in doubt – Fed #10 argued that voters might not always elect the most “enlightened statesman” ~ Constitution provided for removal – Fed #51 explained that separation of powers would prohibit any one branch from dominating the natl govt p.54-56 The Federalist Papers • Series of 85 political articles written by Alexander Hamilton (51), (51) James Madison (26), & John Jay (5) ~ Pen name Publius (Latin for “the people”) – Supported the ratification of the Constitution • Masterful explanations of the Framers’ intentions • Actual constitution was “dry & scholarly” – Appeared in newspapers where ratification was in doubt – Fed #10 argued that voters might not always elect the most “enlightened statesman” ~ Constitution provided for removal – Fed #51 explained that separation of powers would prohibit any one branch from dominating the natl govt p.54-56 The Federalist Papers • Anti-Feds responded with their own series of papers Pen named Brutus and Cato, papers. Cato after famous Romans who opposed tyranny. They argued that the… – …strong national government would tax too heavily – …Supreme court would overwhelm the states – …President would have too much power – …national government would run over the lib ti off th liberties the people l – …military should only be state militias, not a national force p.54-56 Ratifying the Constitution • Delaware, New Jersey, and Pennsylvania acted quickly to ratify the Constitution – Massachusetts h assented, d but b wanted d amendments to protect individual rights – New Hampshire ~ Crucial 9th state to ratify on June 21, 1788 – NY & VA had not ratified, but would – North Carolina and Rhode Island still held out • Worried about the new currency & its value upon ratification Anti-Federalist Federalist • NC rejected the Constitution because no Anti amendments were included – Congress submitted the Bill of Rights to the states for ratification in September 1789 – Constitution ratified in 1790 by two votes p.56-57 Amending the Constitution The Bill of Rights • 1st ten amendments to the US Constitution are specific protections of personal rights – Freedom of expression, speech, religion, and assembly y – Right to bear arms & no quartering of soldiers (responses to British rule) – 9th Amendment ~ Enumerated rights are not inclusive (i.e., these are not the only ones) – 10th Amendment ~ Powers not given to the national g government are reserved for the states or the people p.57 Formal Methods of Amending the Constitution (Repealed the 18th) p.59 Social & Cultural Change g • Even the most far-sighted delegates to the Const Conven could not have anticipated the vast changes that have occurred in the US y were uncomfortable w/ the 3/5 compromise p • Many • Many hoped for the abolition of slavery • Two African Americans have served as Secretary of S State (Colon (C l P Powell ll & Condoleezza C d l Ri Rice)) • An African American (Barack Obama) & a woman (Hiliary Clinton) are serious candidates for Pres • In spite of these & many other changes, the Constitution survives, changed & ever changing after more than 200 years p.63 1 2 3 4 Chapter 2 Th C The Constitution tit ti American Government: Continuity and Change 9th Edition
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