AP Government - The Road to the Constitution, Chapter Two
The Road to Revolution
 Colonial governments managed everything except foreign policy & trade
 After the French & Indian War ended, England obtained new territory
 New taxes to pay for the French & Indian War
 Americans resented the taxes (How did they respond?) -
Declaration of Independence

Written by Thomas Jefferson

Inspired by John Locke

D of I opens with Jefferson invoking Locke philosophy… “Life, liberty, pursuit of happiness”

Jefferson continues by listing grievances against George III for violating inalienable rights

declares US independence
British Colonial Rule - Unitary
System – all power flows from one
central government
Articles of Confedration Confederate System – power
concentrated in political subunits
(states) with a weak central
government (typically unite for a
common goal)
Federal System – powers are
divided and/or shared between state
and central governments (Current
gov’t designed by framers)
The Government that Failed (1781-1789) The Articles of Confederation
•
Original American gov’t system
•
Weak central gov’t
•
Individual and state liberties not threatened
•
No executive -
•
Confederacies are usually unstable
The Articles of Confederation
•
Article II – “Each state retains its sovereignty, freedom, and independence.” Gov’t has no control
•
Unicameral Congress (
) with one vote per state
– Supermajority (
) to pass a law
– Supermajority (
) to amend
•
No Federal Judiciary –
•
No control of taxation, commerce between states or with foreign nations, money system
Shays’ Rebellion
•
Colonies were in debt after the war, central gov’t tried to raise taxes
•
Farmers in western Massachusetts rebelled against tax they could not afford
•
Rebelled against foreclosures, forced judges out of court, freed debtors from jail
•
What did Shay’s prove?
The Philadelphia Convention 1787
Why did they meet in Philadelphia?
Demographics of Delegates
-55 delegates (none from RI) Rhode Island refused to participate, why?
-33 Lawyers - half were college graduates -7 former governors -7 plantation owners -8 business leaders
-age 26-81 (avg. age 42) -all male, all white
The Agenda in Philadelphia
The Individual Rights Issues
Some were written into the Constitution:
Definitions/Amendment
Writ of habeas corpus
No bills of attainder
No ex post facto laws
Right to trial by jury in criminal cases
Rights of the accused
The Representative Plans
The Virginia Plan
The New Jersey Plan
House by population & money contributed to the
National Government
House by equal # for every state
The Great Compromise
Bicameral Legislature
Three-Fifths Compromise
“free persons” be counted, and so,
too, should “three-fifth of all
other persons.” Article I, Sec 2
Smaller Senate –
The southern states also counted
three-fifth when paying direct
taxes levied by Congress
Larger House –
Economic Compromises
Congress was authorized to regulate
foreign trade and interstate
commerce
President was given the power to
negotiate treaties with foreign states
The Power to act on the slave trade -
Congress was forbidden the power to
tax the export of goods from any
state
Treaties had to be approved by –
Separation of Powers - Prevents an all-powerful ruling body
1. Legislature –
2. Executive –
3. Judiciary –
Federalists
Supported a strong federal government
Separation of powers would keep the government in
check
The Constitution did not need a bill of rights because
any powers not listed were given to the states
Anti-Federalist
National government would be too strong under the
constitution
Strong executive too similar to a monarch
Wanted a Bill of Rights
The Federalist Papers
 James Madison, Alexander Hamilton and John Jay wrote 85 newspaper articles supporting the
Constitution.
 The Constitution was ratified and the federalists agreed that the first Congress would add a bill of rights.
Ratification
 Ratified by special conventions
 Nine states must approve
 Delaware as the first state to ratify (12/1787) NH became the ninth state six months later
 George Washington was the electoral college’s unanimous choice for president in 1789
Formally Amending
Two ways to propose
Two ways to ratify
Informal Amendments – refers to an unwritten body of tradition, practice, and procedure that when altered
may change the spirit of the Constitution.
 Judicial Interpretation: in Marbury v. Madison (1803) the Supreme Court declared that the federal courts
had the power to nullify actions of the national government if found to be in conflict with the
Constitution.
 Elastic Clause  Development of political customs/traditions -