THE FOUNDATIONS
The Declaration of Independence
Anti-Federalist #1
Federalist 10, 51 and 78
Seven Articles of the Constitution
Bill of Rights
14th Amendment
George Washington’s Farewell Address
The Declaration of
Independence
Declaration of Independence
Authors: the Committee of Five:
Thomas Jefferson (Main Author)
Benjamin Franklin
John Adams
Roger Sherman
Robert Livingston
Declaration of Independence
Audience: The people of the United States
and the King of England
Purpose: a formal
explanation of why
Congress had voted
on July 2, 1776 to
declare independence
from England
IT WAS A BREAKUP LETTER!!!
Declaration of Independence
Background:
The Declaration of Independence
was adopted by the Continental
Congress on July 4, 1776.
Declaration of Independence
Background:
The thirteen American colonies had
been at war with Great Britain for
over a year and regarded themselves
as independent states, and no longer
a part of the
British Empire
Declaration of Independence
Influences:
The English Declaration of Rights, 1689
An act of Parliament presented to
William and Mary to become joint
sovereigns of England
Called for:
• Limited the powers of the crown
• Freedom of speech in Parliament
• Regular elections to Parliament
• Right to petition the crown
without retribution
• Right for Protestants to arm themselves for defense
Declaration of Independence
The Virginia Declaration of Rights,1776
Author: George Mason
• Proclaim the inherent rights of men.
• Rights and the relationship between
government and the governed, a view of
government as the servant of the people.
• The right to rebel against
“inadequate” government
• Separation of powers into
the administration,
legislature, and judiciary.
Declaration of Independence
All of Which Were Influenced By…
John Locke: English philosopher who expounded upon
The Greek and Roman concepts of…
• The Social Contract: People exchange a portion of
their freedoms to the ruling powers in exchange for
the protection of their remaining rights (Natural and
Legal Rights)
Legal Rights: Rights afforded
to man by man through laws
Natural Rights: Rights that all
men have and are not given by
any law, thus rendering them
universal and inalienable.
Declaration of Independence
More Natural Rights Guaranteed Through the
Social Contract
Religious tolerance/Religious Freedom
Theory of value and property : Ownership of literal
and figurative property is a natural right obtained
through labor
Right to Revolt: Citizens
have the right/duty to
revolt if the ruler is not
acting within the best
interest of the citizens
Declaration of Independence
Man being born, as has been proved, with a
title to perfect freedom, and an uncontrolled
enjoyment of all the rights and privileges of
the law of nature, equally with any other man,
or number of men in the world, hath by nature
a power, not only to preserve his property,
that is, his life, liberty and estate, against the
injuries and attempts of other men...
Second Treatise of Civil Government,1690
This Sounds Familiar…
Declaration of Independence
all men are by nature equally free and
independent, and have certain Inherent rights
of which . . . they cannot deprive or divest
their posterity; namely, the enjoyment of life
and liberty, with the means of acquiring and
possessing property, and pursuing and
obtaining happiness and safety.
The Virginia Declaration of Independence, 1776
Close but not quite…
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.
The Declaration of Independence, 1776
There it is!
Highlight the similar aspects of each
Declaration of Independence
Significance:
The Declaration justified the revolt
of the United States
by listing the
grievances against
King George III.
The Declaration of Independence did
not start the American Revolution, it
just gave the reasons for the breakup
Anti-Federalist #1
Anti-Federalist #1
Author: Robert Yates
Audience: To the Citizens
of the State of New-York.
Purpose: To convince the
States not to ratify the
Constitution
Anti-Federalist #1
Background:
A series of sixteen essays, the Anti-Federalist
writings confronted The Federalist was published
in the New York Journal from October, 1787, through
April, 1788
They Penned their argument
against the ratification of the
Constitution under the name
Brutus, after one of the Roman
republicans who killed Julius
Cesar before he could overthrow
the Roman Republic.
Anti-Federalist #1
Background:
Anti-Federalism was a movement that
opposed the creation of a stronger U.S.
federal government and which later
opposed the ratification of the
Constitution of 1787.
Anti-Federalist #1
Led by Patrick Henry of Virginia,
Anti-Federalists worried, among other
things, that the position of president, then
a novelty, might evolve
into a monarchy.
Opposed the Constitution
because they thought that
a stronger government
threatened the sovereignty
and prestige of the states,
localities, or individuals
Anti-Federalist #1
Claimed a new centralized government
was a disguised "monarchic" power that
would only replace
the cast-off despotism
of Great Britain
Feared the new
government
threatened their
personal liberties.
Anti-Federalist #1
Content:
… But if, on the other hand, this form
of government contains principles
that will lead to the subversion of
liberty — if it tends to establish a
despotism, or, what is worse, a
tyrannical aristocracy; then, if you
adopt it, this only remaining asylum
for liberty will be shut up, and
posterity will execrate your memory.
Anti-Federalist #1
They were worried about the final authority
the Constitution would give the Government
in regards to the…
• Executive Branch
• Legislative Branch
• Judicial Branch
• The Federal Government
ruling over the States
• Article 1 Sec 8 The Necessary and Proper
Clause also known as the Elastic Clause
because it can stretch to cover the authority
to do whatever needs to be done (within
reason) .
The Federalist Papers
History of Federalist Papers
The Federal Convention sent the
proposed Constitution to the
Confederation Congress, which at
the end of September 1787 submitted
it to the states for ratification.
History of Federalist Papers
Immediately, the Constitution became
the target of many articles and public
letters written by opponents of the
Constitution.
Why was it so
polarizing?
History of Federalist Papers
A series of 85 articles of essays promoting
the ratification of the Constitution written by
Alexander Hamilton, James Madison, and
John Jay
(Jay, Madison, Hamilton)
History of Federalist Papers
Most were published in The Independent
Journal and The New York Packet between
October 1787 and August 1788
The authors used the pseudonym "Publius", in
honor of Roman consul Publius Valerius Publicola
History of Federalist Papers
Madison believed the problem was not with the
Articles but the state legislatures and so the
solution was not to fix the articles but to restrain
the states.
“protect the minority of the
opulent against the majority”
and that unchecked,
democratic communities
(states) were subject to “the
turbulence and weakness of
unruly passions”…
of Factions!!!
History of Federalist Papers
• A national convention was called to revise the
Articles of Confederation.
• What were some of the weaknesses of the AOC?
– Major powers held by individual states.
– National government had no power to tax,
no power to enforce laws.
– At the national level-one house legislature,
no executive (President), no court system.
• How did the Constitution “fix” them?
– Powers shared between states and central
government.
– National government has power to tax and
regulate trade.
– Three branches at the national level:
Executive (President), Legislative
(Congress), and Judicial (Federal Courts).
History of Federalist Papers
The convention had to determine if the states
should remain sovereign, whether sovereignty
should be transferred to the national government,
or whether a settlement should rest in between.
The solution would be federalism.
How does this picture
represent federalism?
History of Federalist Papers
Federalism: centralized power divided by the
Federal Government, the States and the Judicial
Branch.
What might the division of power look like under the AOC?
Federalist 10
Author: James Madison
Audience: The People of the State of New York.
Purpose: To convince readers
to support the ratification of
the Constitution and to promote
a centralized federal government.
Biases: Madison was a central
figure in the writing of the Constitution and
favored a strong Federal government.
Federalist 10
What are factions? United groups advocating for a
cause, which is the basis for pluralism (multiple groups
coexisting together).
Factions could be disastrous if they obtain too much
power, so how do you “cure the mischief’s of
factions?”
“the one, by removing its causes”…Destroy liberty
or make everyone think the same way (worse than
the problem and impossible to do).
“the other, by controlling its effects.”…by not
letting any faction obtain too much power (the
Madisonin Model of Government).
Federalist 10
Madison believed there is
a need to guard against
"factions“ with interests
contrary to the rights of
others.
A strong, large republic
would do better to guard against those dangers, sovereign
states were too small and could be controlled by factions
Why these pictures?
Federalist 10 warns that there needs
to be a protection against a tyranny
of the majority or minority.
Federalist 10
Significance:
The Constitution was ratified.
Madison’s plea for a mixture
of both federal and state
authority has been accepted
(federalism)
Many use Federalist 10
to argue that the Founding
Fathers did not intend the
United States government
to be partisan (favor one
party over another).
Federalist 10
Summarize Madison’s stance in Federalist 10
in one sentence.
James Madison believed that the United States
of America needed to strengthen the power of
Federal Government by ratifying the
Constitution because the sovereign states had
too much power under the A.O.C. and could
potentially be taken over by factions within
the states and who could oppresses the people
or weaker states.
Federalist 51
Author: James Madison
Audience: The People of the
State of New York
Purpose: To convince readers
that the Constitution would
guard against tyranny, not
establish it.
Biases: Madison was a central figure in the
writing of the Constitution and favored a strong
Federal government
Federalist 51
Content:
To “form a more correct judgment of the principles
and structure of the government planned by the
Constitutional Convention.”
Informing the reader of the
safeguards created by the
convention to maintain the
separate branches of
government, and to protect
the rights of the people…
Separation of Power and
Checks and Balances, all a
protection against tyranny.
Federalist 51
How many checks do you know?
Executive
Legislative
Judicial
Federalist 51
In regards to separation of power:
"In order to lay a due foundation for that
separate and distinct exercise of the
different powers of government, which to a
certain extent, is admitted on all hands to
be essential to the preservation of liberty,
it is evident that each department should
have a will of its own and consequently
should be so constituted that the
members of each should have as little
agency as possible in the appointment
of the members of the others...
Federalist 51
In regards to all officials should be elected:
“…Some difficulties, however, and some
additional expense would attend the execution of
it. Some deviations, therefore, from the principle
must be admitted.”
Those deviations come from the Judicial Branch
and the appointment of Federal Judges.
Federalist 51
Madison believed all officials should be elected by
the people but realized the people would know
nothing about judges and the judges need to be
free of political or reelection pressures.
Is this a good idea or a bad idea?
Does having unelected officials hinder or
enhance democracy?
Federalist 51
Madison claimed the
legislative branch is the
strongest and therefore
must be divided into
different branches, be as
little connected with each other as possible,
and render them by
different modes of election.
How is the Legislative branch the strongest, how are they divided,
what is the difference in the length of their terms?
The legislative branch is
seen as the “true voice of
the people” and is known as
the “Peoples’ Branch”
Why?
Federalist 51
Significance:
“Double Security arises to the rights of the
people. The governments will control each other,
at the same time that each will be controlled by
itself”
The Three Branches
of the Government,
Executive, Legislative,
Judicial all have
exclusive power and
they can check each
other's power.
Federalist 51
Summarize Federalist 51 in one sentence:
Madison wanted to put the people’s fears at
ease that this new form of centralized
government could not abuse their newly
appointed power because the Constitution
prohibits this from happening through the
division of power and checks and balances.
Federalist 78
Author: Alexander Hamilton
Audience: The People of the State
of New York
Purpose: Addresses concerns
by the Anti-Federalists over
the scope and power of the
federal judiciary, which would
have comprised unelected,
politically insulated judges
that would be appointed for life.
Biases: Hamilton favored a strong central
government.
Content:
Federalist 78
"no influence over either the sword or the purse...It
may truly be said to have neither FORCE nor WILL, but
merely judgment."
• Congress controls the money and
the President controls the military
• Courts do not have the same clout
from a constitutional design
standpoint.
• The judiciary depends on the political branches to
uphold its judgments…
“Marshall has made his decision, now let him
enforce it.”
President Andrew Jackson
Federalist 78
Significance:
Judicial Review explained as the federal courts
review statutes to determine whether they are
consistent with the Constitution.
The legislature is not
the judge of the
constitutionality of
its own actions.
It is the responsibility of the federal courts to
protect the people by restraining the legislature
from acting inconsistently with the Constitution.
Federalist 78
Summarize Federalist 78 in one sentence:
Hamilton wanted to rebut the claims of
anti-federalist that the Judicial Branch
had no power to create or stop legislation,
they simply had the power to rule something
constitutional or unconstitutional by using
not their own opinion, views, or ideologies but
rather the Constitution to do so.
The Constitution
The Constitution
Authors: Philadelphia
Convention James Madison
and Alexander Hamilton
Audience: Constitutional
Convention in Philadelphia and The People of
the Thirteen Original United States
Purpose: Replace the Articles of Confederation
with the Constitution, creating a united
centralized government.
The Constitution
Background:
The Constitution was
adopted on Sept 17, 1787
by the Constitutional
Convention in
Philadelphia, ratified
by conventions in eleven
of thirteen states.
The Constitution
Content:
The Preamble lists the reasons that the 13
original colonies separated from England and
became an independent nation.
We the people of the United States, in order to
form a more perfect union, establish justice,
insure domestic tranquility, provide for the
common defense, promote the general welfare,
and secure the blessings of liberty to ourselves
and our posterity, do ordain and establish this
Constitution for the United States of America
How many reasons are given? Highlight them
The Constitution
The first three Articles of the Constitution talk about the
duties of the three main parts of government: the
Executive Branch, the Legislative Branch, and the
Judicial Branch.
The rest of the
articles talk about
the separate
powers of the
Federal and State
government, and
how to change the
Constitution.
The Constitution
Article 1
• Legislative Branch: the U.S. Congress makes the
laws for the United States.
• Congress has two parts, called "Houses” Senate
and the House of Representatives.
The Constitution
Article 2
Executive Branch: President, Vice-President, Cabinet,
and Departments under the Cabinet Secretaries carry
out the laws made by Congress.
The Constitution
Article 3
• Judicial Branch: the Supreme Court decides court
cases according to US Constitution.
• The courts under the Supreme Court decide criminal
and civil court cases according to the correct federal,
state, and local laws.
The Constitution
Article 4
• States' powers: States have the power to make and
carry out their own laws. State laws that are
related to the people and problems of their area.
• States respect other states laws and work together
with other states to fix regional problems.
The Constitution
Article 5
Amendments: The Constitution can be changed;
amendments can be added to the US Constitution
with the approval by a two-thirds vote in each house
of Congress (67/100, 291/435) and three-fourth vote
by the states (38).
19th
18th
21st
The Constitution
Article 6
• Federal powers: The Constitution and federal
laws are higher than state and local laws.
• All laws must agree with the Constitution.
The Constitution
Article 7:
• Ratification: The Constitution was presented to
George Washington and the men at the Constitutional
Convention on September 17, 1787, Representatives
from twelve out of the thirteen original states signed
the Constitution.
• From September 1787 to July 1788, the states met,
talked about,
and voted
to approve it.
The Constitution
Significance:
Created the foundation of the United States
Government and gave the world a working
example of democracy
The Bill of Rights
The Bill of Rights
Author: James Madison
Audience: First United
Congress, the American People
Purpose: To set up limitation
on the government to protect the natural
rights of liberty and property
The Bill of Rights
Background:
During the ratification of the Constitution many
anti-federalist wanted to protect the individual rights
of the people by adding a Bill of Rights.
Individualism was the strongest element of
opposition; the necessity, or at least the
desirability, of a bill of rights was almost
universally felt
The Bill of Rights
A zero-sum game: mathematical representation of
a situation in which a participant's gain (or loss)
of utility is exactly balanced by the losses (or gains)
of the utility of the other participant(s) gains or losses.
With this in mind…
• Who gained power with the
ratification of the Constitution?
• Inversely, who lost it?
• What would the Bill of Rights do?
The Bill of Rights
First Amendment
Congress shall make no law respecting an establishment of religion
(establishment clause), or prohibiting the free exercise there of
(free exercise clause); or abridging the freedom of speech (freedom of
speech), or of the press (freedom of the press); or the right of the
people peaceably to assemble(freedom of assembly), and to petition
the Government for a redress of grievances (right to petition).
The Bill of Rights
Second Amendment
A well regulated Militia (National Guard) being necessary
to the security of a free State (sovereignty of states), the
right of the people to keep and bear Arms (right to own
guns), shall not be infringed.
The Bill of Rights
Third Amendment
No Soldier shall, in time of peace be quartered in any house,
without the consent of the Owner, nor in time of war, but in
a manner to be prescribed by law (Protection from
quartering of troops).
The Bill of Rights
Fourth Amendment
The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and
seizures, shall not be violated, and no Warrants shall issue,
but upon probable cause, supported by Oath or affirmation,
and particularly describing the place to be searched, and the
persons or things to be seized (Protection from unreasonable
search and seizure)
The Bill of Rights
Fifth Amendment
No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of a Grand
Jury (due process), except in cases arising in the land or naval
forces, or in the Militia, when in actual service in time
of War or public danger; nor shall
any person be subject for the same
offence to be twice put in
jeopardy of life or limb
(double jeopardy)…
The Bill of Rights
Fifth Amendment
…nor shall be compelled in any
criminal case to be a witness
against himself (protection
against forced self-incrimination),
nor be deprived of life, liberty,
or property, without due process
of law; nor shall private property
be taken for public use, without
just compensation (eminent
domain).
The Bill of Rights
Sixth Amendment
In all criminal prosecutions, the accused shall enjoy the right
to a speedy and public trial (right to a speedy trial), by an
Impartial jury (impartial jury) of the State and
district (jurisdiction)
wherein the crime shall
have been committed,
which district
shall have been previously ascertained
by law…
The Bill of Rights
Sixth Amendment
…and to be informed of the nature and
cause of the accusation; to be confronted
with the witnesses against him (right to confront accuser);
to have compulsory process for obtaining
witnesses in his favor (right to petition
witnesses), and to have the
Assistance of Counsel for his defense (right to
counsel).
The Bill of Rights
Seventh Amendment
In suits at common law, where the value in controversy shall exceed
twenty dollars, the right of trial by jury shall be preserved, and no fact
tried by a jury, shall be otherwise re-examined in any court of the United
States, than according to the rules of the common law (Civil trial by jury).
The Bill of Rights
Eighth Amendment
Excessive bail shall not be required (No excessive bail), nor
excessive fines imposed, nor cruel and unusual punishments
inflicted(No cruel and unusual punishment).
The Bill of Rights
Ninth Amendment
The enumeration in the Constitution, of certain
rights, shall not be construed to deny or disparage
others retained by the people (Protection of rights not
specifically written in the Constitution)
Who would like this amendment, Federalists or Anti-Federalists?
Why?
The Bill of Rights
Tenth Amendment
The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are
reserved to the States respectively, or to the people
(Power of States and the people)
Who would like this amendment, Federalists or Anti-Federalists?
Why?
The
th
14
Amendment
The
th
14
Amendment
Background:
• The Fourteenth Amendment to the United States
Constitution was adopted on July 9, 1868, as one
of the Reconstruction Amendments.
• It was created to protect the newly freed slaves
• Southern States were
forced to ratify it in
order to have
representation in
Congress
The
th
14
Amendment
Section 1.
All persons born or naturalized in the
United States, and subject to the jurisdiction
thereof are citizens of the United States and
of the State wherein they reside (citizenship).
No State shall make or enforce any law
which shall abridge the privileges or
immunities of citizens of the United States;
nor shall any State deprive any person of
life, liberty, or property, without due process
of law; nor deny to any person within its
jurisdiction the equal protection of the laws.
The
th
14
Amendment
Content: Section 1
Citizenship Clause provides a broad
definition of citizenship to someone…
• Born in the United States.
• Born outside the U.S. to a parent
who is a citizen of the United States.
• Someone who is naturalized.
Naturalization: the process by which citizenship is
granted to a foreign citizen or national after he or she
fulfills the requirements established by Congress in
the Immigration and Nationality Act.
The
th
14
Amendment
Content: Section 1
No State shall make or enforce any law …nor shall any
State deprive any person of life, liberty, or property,
without due process of law…
The Due Process of Law Clause
• Procedural Due Process: The right
to the protection of the actual process
• Substantive Due Process of Law: a principle which
allows federal courts to protect certain fundamental
rights from government interference (i.e. Griswold v.
Connecticut, right to privacy).
The
th
14
Amendment
The Due Process Clause has been used to make most of the Bill of
Rights applicable to the states, as well as to recognize substantive
and procedural rights (incorporation).
The incorporation of the Bill of Rights is the process by which American
courts have applied portions of the U.S. Bill of Rights to the states. Prior
to 1925, the Bill of Rights was held only to apply to the federal government.
Under the incorporation doctrine, most provisions of the Bill of Rights now
also apply to the state and local governments.
Who would like this amendment, Federalist or Anti-federalist?
Why?
The
th
14
Amendment
Its Equal Protection Clause requires each state to
provide equal protection under the law to all people.
• Overruled the Supreme Court’s ruling in Dred Scott
v. Sandford (1857) which held that black people
were not citizens of the United States.
• Was the basis for Brown v. Board of
Education (1954), which precipitated the
dismantling of racial segregation in United
States education.
• In Reed v. Reed (1971), the Supreme Court
ruled that laws arbitrarily requiring sex
discrimination violated the Equal Protection
Clause.
George Washington’s Farewell Address
George Washington’s Farewell Address
Author: George Washington, James Madison, and
Alexander Hamilton
Audience: The People of The United States
Purpose: To tell the people of The United States he
was declining a third term of Presidency and to give
them advice on how to make this new republic
government work
George Washington’s Farewell Address
Background:
Washington intended to retire after his first term but
fighting between his Secretary of the Treasury,
Alexander Hamilton, and his Secretary of State,
Thomas Jefferson, convinced him that the growing
divisions between the newly formed Federalist and
Democratic-Republican parties, along with the
current state of foreign affairs, would rip the country
apart in the absence of his leadership.
George Washington’s Farewell Address
Washington suggest:
• Unity amongst the people, the states, politicians
• Support for the Constitution and Federal Gov.
Washington warns against:
• Political Parties
• Foreign Allies that will drag
the US into War
• Large debt
http://www.usdebtclock.org/
George Washington’s Farewell Address
Significance:
• Considered to be the foundation of the Federalist
Party's political doctrine.
• Washington's statements are still commonly
referenced during political debates.
• Washington's hope that the United States would
end permanent alliances with foreign nations would
be fully realized with the Convention of 1800…that
was not the case.
George Washington’s Farewell Address
Significance:
• In 1823, Washington's foreign policy goals would be
further realized with the issuing of the Monroe
Doctrine which promised non-interference in
European affairs so long as the nations of Europe did
not seek to re-colonize or interfere with the newly
independent Latin American nations of Central and
South America.
• It would not be until the signing of the 1949 North
Atlantic Treaty, which formed NATO, that the United
States would again enter into a permanent military
alliance with any foreign nation.