Jacqueline Baum 3W History test #1 Outline #1: theme-­‐ end of salutary neglect Salutary neglect= beneficial neglect. How can neglect be beneficial? Britain left the colonists alone and didn’t bother them Oct 1753-­‐ Washington sent to Ohio River valley to warn French to leave British land-­‐ FRENCH SAID NO France in North America: 1st permanent French settlement-­‐ fur trading post-­‐ started by Samuel de Champlain To protect fur trade French made alliance with Native Americans. They helped the Native Americans in raids against Iroquois Louisiana claimed and named after king Louis xiv English and French fought over fur trade – English also make ties with Native Americans THE FRENCH AND INDIAN WAR 1754-­‐1763 -­‐ Turns into the 7 years war -­‐ Broke out in the colonies – spreads to England The Iroquois League: alliance of Native Americans that allied with England (unity of he tribes helped them resist European takeover) -­‐Most Native Americans allied with France The Albany Plan-­‐ Was Never Approved BUT was the 1st attempt to unite the colonists Said each colony would have its own constitution, grand council deals with military issues, Native American relations, and western settlement War Continues-­‐ British starts off losing-­‐Washington takes command William Pitt directs the war on the British side Colonists are forced to fight in the army and house British soldiers 1758 BRITTISH TROOPS START WINNING-­‐ -­‐Native American start leaving French TURNING POINT: BRITISH TAKE QUEBEC-­‐ French surrender the next year THE PEACE TREATY -­‐Treaty of Paris signed in 1763-­‐ ends the 7 years war in Britain and the French and Indian war in colonies BRITAIN GAINS ALL LAND EAST OF MISSISSIPI RIVER (INCLUDES CANADA) Jacqueline Baum 3W -­‐Spain gives up Florida but France gives them Louisiana and New Orleans EFFECTS OF THE WAR: -­‐ Forced colonists to work together-­‐ increased self confidence -­‐ British officials said colonists should pay for some expenses-­‐ alienated the colonists Pontiac’s Rebellion -­‐Pontiac was an Ottawa chief. At first he welcomed colonial and British troops then realized that they were not friendly to the Native Americans and makes a plan to drive them out. -­‐ He makes an alliance of all Native Americans and expects French to help THE FRENCH NEVER COME!!! And they are not able to defeat British -­‐War went on for several years and in 1766 Pontiac agrees to a peace treaty -­‐-­‐PROCLOMATION OF 1763 Officials wanted to stop colonists moving west to avoid conflict with Native Americans -­‐Drew a line along Appalachian Mountains reserving the western side for Native Americans -­‐ This gave the British control of western migration and slowed the movement out of cities EFFECTS ON NATIVE AMERICANS: -­‐War was a disaster for Native Americans no matter which side they chose -­‐Those that supported the French lost the war -­‐ The Iroquois that supported the English were weakened-­‐ British believed they only gave halfhearted support and weren’t as friendly to them -­‐Settlers ignored the proclamation of 1763 (moved west anyways into native American territory) -­‐Treaties continued to push line of white settlement farther and farther west (kept taking native American land) Jacqueline Baum 3W HANDOUTS: Jacqueline Baum 3W Jacqueline Baum 3W IN CLASS NOTES: Jacqueline Baum 3W 3 types of colonies: Royal-­‐ owned by a country Corporate-­‐owned by a company Proprietorships-­‐own by an individual (by a person) All the colonies ended up royal colonies controlled by Britain Lasting impact of Great Britain on US political and legal system: Massachusetts: Mayflower Compact (1st self rule) Massachusetts= plimith Compact=contract 1st self rule-­‐ everyone votes for themselves= DEMOCRACY -­‐ Did not allow for minority viewpoint -­‐In Massachusetts the oppressed became the oppressors—left England in order to get religious freedom but then persecuted other religions Rhode Island: religious tolerance (included Jews), male suffrage Jacqueline Baum 3W Roger Williams left Massachusetts for religious freedom and got land from the king (Rhode island) Gave others religious freedom Male suffrage= men have the right to vote Pennsylvania: “great law of Pennsylvania” (constitution-­‐ popular election of judges and representatives) William penn – took the Quakers and settled here People voted for judges and representatives Maryland: “tolerance act of 1649”(gave rights to Catholics and protestants) Religious freedom for Christians and Catholics Virginia: house of burgesses (1st representative body) House of burgesses was like a congress but for a state (like a state legislature) Representatives could either be elected or appointed Jacqueline Baum 3W HISTORY TEST #2 Outline #2: the road to revolution notes: “perception is often more important than truth” -­‐-­‐the way we have to look at everything: 1-­‐ why did Great Britain take the steps they did? 2-­‐ why did the colonists think Great Britain took those steps? 3-­‐ how did one thing lead to another? PROCLAMATION OF 1763: (prevent colonists from moving west) British reason: Indians Colonists view: Watch over colonists GRENVILLE PROGRAM-­‐ series of taxes and laws supporting those taxes 2 types of taxes: direct and indirect British reason for all of the taxes: to pay for the war that was fought for the colonists -­‐4/1764: SUGAR ACT-­‐ indirect because pays the tax which causes a raise in the price of goods -­‐the colonists smuggle in sugar from other paces -­‐3/1765: STAMP ACT: direct-­‐ they know they’re being taxed. The British would read the documents -­‐used to spy -­‐3/1765: QUATERING ACT: direct. British soldiers must live in the colonists’ houses. The British say its too much money to build a fort and would cause more taxes. -­‐colonists thought the British were there to spy b/c of smuggling(to see who was smuggling) -­‐5/1765: VIRGINIA STAMP ACT RESOLUTION: (house of burgesses) Patrick Henry: “no taxation without representation” – only people they choose to represent them can tax them. Says British can’t tax them only state legislature. Was interrupted with shouts of treason. He responds “if this be treason, make the most of it” his most famous line: “GIVE ME LIBERTY OR GIVE ME DEATH” -­‐10/1765: STAMP ACT CONGRESS (congress= people representing others) every colony came except Georgia. *COLONIES UNITE!* -­‐set up sons of liberty-­‐put a branch in each colony for protests and boycotts.-­‐always there even till revolutionary war (responsible for Boston Tea Party) -­‐FOUNDED BY SAM ADAMS -­‐soon after the congress was held the stamp act was repealed-­‐colonies think they won -­‐3/1776: DECLARATORY ACT-­‐ Britain’s way of saying they still have control Jacqueline Baum 3W TOWNSHED ACTS: new taxes! – taxes on a bunch of things: lead, paper, glass main thing=TEA!! -­‐ Writs of Assistance (writ=legal piece of paper)-­‐ soldiers can search colonists’ homes (or boats or warehouses) without probable cause (in Britain they would have needed a warrant and to get one you would need proof) -­‐colonists get very angry-­‐ more of their British rights taken away -­‐ the British seize John Hancock’s boat and put out an arrest warrant for John Hancock – causes a big uprising in Boston. Britain sends 4000 soldiers-­‐leads to Boston Massacre BOSTON MASSACRE: other colonies found out by the committee of correspondence (went from town to town spreading British injustice) Paul Reveres picture portrayed it worse than it happened (was publicized) The real story: lots of riots had occurred due to taxes and laws. A group of colonists went to riot by customs house. British soldiers protected it. Colonists threw ice snowballs. A shot was fired ( possibly someone tripped and a gun went off). Other soldiers thought that someone shot and fired into the crowd. A few people died including CHRISPICE ADAMS. Why is he special????? He was black. One of the 1st people to die for independence was treated as a secondary citizen. -­‐soldiers were arrested and charged with murder. John Adams was their lawyer-­‐he was threatened not to do it so why did he??? -­‐If they’re fighting for everyone to have equal rights they can’t be hypocrites.—the soldiers have rights too!! BRITISH CRACK DOWN IN OTHER WAYS: -­‐EXTRATERRITORIALITY-­‐ when a country has control of land on territory that’s not their own. Ex: embassies. -­‐how was it applied here?-­‐had to do with trials: usually when you commit a crime you get tried where you committed it . Britain said since they owned the colonies it wouldn’t make a difference if they tried the soldiers in Britain. The colonists were upset because if they were tried in the colonies the JURY would be different Britain made a law that that if their goods were confiscated and the person is found guilty the judge gets 5% of the goods *BRITAIN TOOK BACK MOST OF THE TOWNSHED ACTS EXCEPT THE ONE ON TEA—why tea?? -­‐tea is symbolic of England and a constant reminder to the colonists. They kept the tax on tea but reduced the tax so it was cheaper than the smuggled tea-­‐ British were assuming that once the legal tea was cheaper they would buy the legal tea and stop boycotting. This would prove that they don’t actually care about rights and representation and that it was really just about the money. THE BOSTON TEA PARTY: Sam Adams and the Sons of Liberty dressed as Indians and dumped the tea into the water to make sure no one would buy it REACTION TO THE BOSTON TEA PARTY: Jacqueline Baum 3W INTOLERABLE ACTS: Punishment!! *closed Boston Harbor-­‐Boston depended on trade *took away charters and made all the colonies Royal Colonies *QUEBEC ACT: took land from Massachusettes and made it part of Quebec -­‐Britain was showing other colonies what happens when you are bad BUT!! It didn’t work-­‐ IT BROUGHT THEM CLOSER TOGETHER! How did it bring the closer?? : -­‐1st CONTINENTAL CONGRESS (They came together) -­‐meets in Philadelphia sept 1774 -­‐56 delegates -­‐1st thing they do is write a Declaration of Rights: letter to the king (they do this every time-­‐
doesn’t help) -­‐formed the MINUTEMEN and said they would meet back in May 1775 -­‐shows they were not very optimistic *BATTLES OF LEXINGTON AND CONCORD*: -­‐surprise attack of British on colonists -­‐700 British (most powerful army and strongest naval force)went towards Concord-­‐ why there?? That’s where the Arsenal was (where the colonists kept their weapons) -­‐alarm riders alert the minutemen (Paul revere) -­‐went towards Lexington to warn Adams and Hancock -­‐700 British to 70 minutemen -­‐ first shots fired-­‐ war breaks at Lexington-­‐ battle lasted 15 minutes and is a tie-­‐ colonists retreat to concord because they ran out of ammunition. -­‐ British move to Concord-­‐hundreds of minutemen waiting -­‐AT CONCORD COLONISTS WIN-­‐ British turn and retreat towards Boston -­‐the shot heard round the world-­‐poem about the start of the war-­‐why is it called that?? b/c it had many affects throughout history Jacqueline Baum 3W outline #3: Declaring Independence Patrick Henry: “give me liberty or give me death”-­‐ inspired Virginians to create an army. 2nd CONTINENTAL CONGRESS TAKES ACTION (MAY 1775) -­‐may 1775-­‐ after Lexington and Concord -­‐Philadelphia is planned -­‐mixed attitude toward Britain-­‐many still feel loyalty to the king -­‐everyone rejected parliament taxing colonies but NOT everyone wanted independence -­‐formed a foreign relations committee-­‐they needed money!!-­‐ made their own money but people didn’t want to use the paper money-­‐NEEDED GOLD-­‐borowed from spain, France, Holland -­‐2 sides-­‐a) RADICALS-­‐wanted complete independence b) MODERATES-­‐ didn’t want independence -­‐CREATING THE COTINENTAL ARMY: -­‐continental congress supported the war but didn’t agree yet on a goal -­‐George Washington becomes general-­‐why him? He is a strong leader AND he is from Virginia-­‐was is this important?? Until now everything happened in the north and they wanted to bring in the South. -­‐washington writes a lot of letters to congress for supplies and troops -­‐WAR OR PEACE: 2 documents issued: 1) explains why Americans are at war 2) Olive Branch Petition-­‐ tried to make peace with the king-­‐King George bans trade with the colonies VIOLENCE IN BOSTON: -­‐ may 10th 1775-­‐ Green Mountain Boys (Vermont militia) captured Fort Ticonderoga and a Fort at Crown Point from the British -­‐ Siege of Boston: after Lexington and Concord the British stayed in Boston. Standoff in Boston led to The Battle Of Bunker Hill -­‐ BATTLE OF BUKER HILL: june 1775 -­‐1st major battle of revolutionary war -­‐ British win but colonists gain confidence -­‐ after bunker hill colonists sent out the olive branch petition -­‐ washington’s in control of continental army-­‐ short on ammunition: steal from British!!(sent Henry Knox to get ammo) -­‐ British are forced out of Boston Harbor-­‐ march 1776 -­‐ Battle of Great Bridge (Virginia) ended the British rule there Jacqueline Baum 3W DECLARATION OF INDEPENDENCE: -­‐ Colonists were angered by King’s reaction to Olive Branch Petition -­‐ British were recruiting Native Americans and hiring mercenary soldiers -­‐ Continental Congress meets and opens trade with everyone (not Britain) -­‐ REVOLUTIONARY IDEOLOGY: o colonists were mad b/c recent British laws differentiated between the colonists and the citizens in Britain o Thomas Paine writes “common sense”-­‐condemns monarchy and King George III (a pamphlet that called for a declaration of independence) -­‐Virginia writes a declaration of rights-­‐influences the Declaration of Independence -­‐ June 1776 Richard Henry Lee says: -­‐ colonies should be independent -­‐ colonies should form foreign alliances -­‐ colonies should unite! WRITING THE DECLARATION: -­‐ discussed Virginia’s proposals -­‐ Delegates appoint a committee to write a draft -­‐ Thomas Jefferson writes it -­‐ Final document presented july 2, 1776 -­‐ Document approved July 4, 1776 REACTIONS TO INDEPENDENCE: -­‐ many colonists had hoped for a compromise and to remain part Britain -­‐ frontier settlers did not support independence -­‐ loyalists-­‐were ¼ of the population and remained loyal to Britain. They were harassed by the patriots and left the colonies OUTLINE#4: THE REV. WAR BEGINS: CONTINENTALS REDCOATS POPULATION 2.75 mil-­‐only 1/3 of 12 million population supported the war + subtract slaves MILITARY The opposite (weak) World Power #1 FINANCES The opposite (didn’t have Very Wealthy #1 money) INDUSTRY The opposite (not much Only industrialized nation b/c of mercantilism in the world GEOGRAPHY Homecourt Advantage Far away (took a long tim (supplies) to get supplies and give military orders INTANGIBLES Fighting for freedom and Hired German soldiers-­‐ no liberty-­‐ if they loose they loyalty and it didn’t mater loose everything if they loose-­‐ lives go back to normal Jacqueline Baum 3W History test 3 Outline #4 Revolutionary Battles: British fight back: -­‐general Howe= commander of British forces -­‐after defeated by Washington in Boston-­‐ returned to NY with great force -­‐more than 300 ships and 30,000 soldiers arrive in NY in August 1776 -­‐battles centered in NY, NJ, and Pennsylvania -­‐before this Howe tried to make peace-­‐ Washington refused -­‐ Howe (British) captures Long Island-­‐ British surround and outflank Washington. Washington loses but then night comes. British don’t fight at night so they camp out and plan to capture everyone in the morning (Washington surrounded by British on one side and the river on the other-­‐ nowhere to escape) Washington sends his army to get everything that floats, (boats, ferries, wood to make rafts) and put EVERYTHING on them ( all the soldiers and horses and ammo) and snuck across the river silently in the middle of the night to Manhattan Island and the British woke up to find that they were gone Battle of Brooklyn Heights: -­‐British chase George Washington and catch up in Harlem-­‐ American forces win a few small encounters but then are forced to retreat to NJ Howe crosses the Delaware River into Pennsylvania (some split and head to NY) -­‐British settle for the winter -­‐hessians (German soldiers hired by Britain) are guarding Trenton Battle of Trenton: -­‐In Europe people don’t fight during the winter so British are settled in NJ -­‐George Washington takes advantage on Christmas night and crosses the Delaware River into Trenton. SURPRISE ATTACK! They capture weapons and ammo. Why did they attack Trenton?—they needed a victory so the soldiers will stay (most were volunteers) they knew they would win at Trenton because it was guarded by the Hessians. They celebrated Christmas by drinking and partying so when Washington attacked they were drunk and passed out. -­‐Washington moves on and drives the British out of Princeton -­‐Jan 1777 Confederate army went into winter quarters Campaigns in NY: when fighting begins again in the spring, British plan to cut off New England from the other colonies. British commander General John Burgoyne plans to meet General Howe. Howe was busy chasing Washington. Howe decided to attack Philadelphia since it was the American capital and thought it would hurt British moral. Howe meets Washington in and captures Philadelphia where he and his troops settle comfortably for the winter. Washington and his army settle in Valley Forge for the winter ( winter of 1778) meanwhile Burgoyne is expecting Howe and his part of the army to meet him in New York Jacqueline Baum 3W Battle of Saratoga: * TURNING POINT OF THE WAR* -­‐Burgoyne’s forces easily captured fort Ticonderoga-­‐ big loss for Americans -­‐Horatio Gates sent to lead the continental army that was in New York -­‐fort Stanwix was attacked and ambushed by British troops. -­‐ Benedict Arnold comes with supplies to hold the fort. He becomes the Hero of Saratoga which ironic because he became a traitor. He became a traitor because he didn’t get the credit he deserved for this battle. He wanted a promotion and didn’t get it then he was convicted of taking supplies, which everyone does and might not have even done. He married a loyalist who convinced him to go against the British. He was put in charge of West Point and gave over the plans of West Point to a British officer who was caught and killed ( they were allowed to kill him b/c he wasn’t in uniform when they found him otherwise they would’ve had to capture him) Benedict Arnold moved to Canada and joined the British army. The British didn’t respect him because he was a traitor. -­‐ Burgoyne is now short on supplies after fort Stanwix because Howe’s part of the army isn’t showing up (still busy with Washington in Philadelphia) -­‐Burgoyne is in Saratoga with only 5000 men surrounded by 17000 American soldiers led by Gates. (the colonists outnumbered the British) -­‐Burgoyne tries twice to break through continental army and then in October 1777 he surrenders to Gates -­‐this victory encouraged the colonists and convinced France the Dutch and the Spanish to help the colonists. -­‐why is this the turning point?: because now the colonists have a chance to win Battle of Valley Forge: (in Pennsylvania) -­‐freezing, food scarce, illness, hundreds dead -­‐ Washington shows great leadership -­‐many soldiers are dying. Washington is scared that the soldiers will go AWOL (absence with out leave) and the volunteer soldiers will leave and new ones won’t sign up. TOUGH LOVE-­‐ to send a message to the people. Washington kills the people who disobeys and commit mutiny ( come together and try to go against Washington) -­‐does this to show his strength -­‐this caused the men to admire him. He suffers the same as the men (lived in the same conditions and ate the same food) -­‐money problems-­‐ congress doesn’t have the power to pay taxes. Printed paper money with little gold to back it up. It became almost worthless (known as inflation) Farmers and merchants chose to trade with Britain who had silver and gold. Food shortages at Valley Forge occurred partly because some Philadelphia merchants would not sell their good to the continental army. THOMAS PAINE -­‐“THE CRISIS” – reads it to the troops at Valley Forge “what we obtain too cheaply we esteem too lightly” -­‐when you work hard for something you value it more-­‐ then of course there should be tough times in gaining freedom. What greater thing is there than freedom??-­‐rallies the troops -­‐help from Europe-­‐ European officers join the American Army. -­‐drills Washington’s troops -­‐ French noble-­‐ Marquis de Lafayette comes to help Washington Jacqueline Baum 3W Battle in the South: American general Nathaniel Greene with the help of French Lafayette fight against British commander Cornwallis. The American forces ran through swamps and the British lost because they were not used to swamps. American general George Clark won battles in the west. Battle of Yorktown: -­‐Benedict Arnold had become a traitor-­‐ led British troops on raids of Patriot Warehouses. -­‐Washington sends Lafayette to stop him -­‐Lafayette pushes British to the coast -­‐Cornwallis (British) takes his army to Yorktown peninsula and waits for British ships to take them to Charlestown or NY -­‐Washington sees this as an opportunity to trap Cornwallis-­‐ blockades Chesapeake bay (to prevent British ships from rescuing Cornwallis’ men) -­‐Lafayette keeps the British army trapped so they could not escape by land. -­‐ Washington and the French aid move down with a huge French and American army. -­‐British surrender-­‐ Americans win Treaty of Paris: war of independence is over. -­‐ British recognize the United States as an independent nation. -­‐ Mississippi River – western boundary of the United States -­‐ Britain agreed to leave its forts in the west -­‐ Spain and France make peace with Britain -­‐ Spain regains control of Florida (in return for helping during the war) -­‐ U.S. promises to pay what Americans owed the British merchants -­‐ Allowed loyalists to claim property losses Outline #5 A New National Government: -­‐states made their own government but Continental Congress found it hard to make a national government -­‐in 1776 while the declaration of independence was being written so were the Articles of Confederation Articles of Confederation: -­‐led by John Dickenson from Pennsylvania ( he was a moderate who switched and became a patriot) -­‐continental congress debated for more than a year whether to accept it -­‐(confederation= group of separate voting states with a common goal) -­‐Nov 1777-­‐congress formally accepts articles of confederation -­‐march 1778-­‐ all 13 states ratify and accept the articles of confederation -­‐articles of confederation only had one branch (the continental congress-­‐ lawmaking branch) -­‐weaknesses: -­‐ continental congress couldn’t make taxes -­‐ couldn’t regulate trade -­‐ 9/13 states were needed to pass a law Jacqueline Baum 3W -­‐ 13/13 states were needed to amend the articles of confederation -­‐ no executive branch to enforce laws -­‐ no judicial branch to explain laws Confederation Faces Problems: -­‐continental congress couldn’t make laws-­‐b/c they needed 9/13 states to agree -­‐money issues-­‐ debts from the war and they couldn’t make taxes or pay their soldiers, army, or navy -­‐in 1781 congress set up a department of finance run by Philadelphia merchant Robert Morris and Haym Salomon. They wanted a stronger national government and suggesting amending the articles of confederation to allow a 5% tax on imports-­‐this plan failed because one state would not support the import tax. (needed all 13 states) -­‐no control over individual states.-­‐states made their own taxes, money and could decide to listen to whatever they wanted -­‐continental congress couldn’t settle fights between states due to no judicial branch -­‐ continental congress couldn’t take land won from 1783 treaty of Paris -­‐ continental congress had trouble negotiating with Spain about trouble on Mississippi river -­‐ issues with border by Spanish Florida Northwest Territory: -­‐ after revolutionary war people moved west of the Appalachian Mountains -­‐ Virginia and NY claimed huge chunks -­‐ Continental congress collected land claims from people in the 1780’s and 90’s to redo settlements -­‐ 1784-­‐ Jefferson wants to divide northwest territory into 10 districts-­‐never past continental congress drew up a plan: Land Ordinance of 1785: -­‐land would be divided into townships-­‐to end boundary disputes -­‐sets up precedent that central government owns the extra territory (not individual states) -­‐designate land for public schools (Thomas Jefferson advocates for public education) -­‐1787 continental congress passed North West Ordinance-­‐ criteria on how to become a state: STATE NOT COLONY-­‐ separates them from Britain -­‐religious freedom, civil rights, no slavery population of 60,000 could apply to become a state -­‐land ordinance of 1785 was kept and put in the Constitution (without the part about slavery) Jacqueline Baum 3W History Test #4 Outline #5 Constitutional convention -­‐
-­‐
-­‐
There is a lot of frustration with the Articles of Confederation (weak central government) People are upset because of taxes (taxes began to up because of the debt from the war) As a result……. Shay’s Rebellion-­‐ a group of farmers rebelled (the weak gvmt couldn’t put down the rebellion -­‐
-­‐
-­‐
-­‐
-­‐Wake Up Call!! MUST FIX GOVERNMENT! 1786 Washington writes to John Jay (president of the continental congress) complaining about the Articles of Confederation o May 1787 continental congress calls all delegates to Philadelphia to revise Articles of Confederation § They were sneaky and said they just wanted to fix the Articles. Once everyone got there they locked the doors and said no one leaves until a new government is formedà why did they do this? Otherwise it would take forever and nothing would get done. This way they had to sit down and write it. o Each state had 1 vote (Virginia didn’t like this-­‐ they felt they deserved more votes b/c they had more people) o James Madison kept a journal. He is the father of the constitution (b/c of his role in planning and writing the final document) o Convention delegates were given the name Framers. They were led by George Washington and Benjamin Franklin. George Washington was unanimously chosen as president o Many delegates were well educated, wealthy, and trained as lawyers. Many had been in their state legislature or held state office and served in the Revolutionary War. Some had even signed the Declaration of Independence. o Samuel Adams and Patrick Henry did not attend-­‐ they opposed a strong national government o Thomas Jefferson and John Adams were also not able to attend the convention. They were ambassadors to France and Britain. Jefferson was in France and he played a role in the French Revolution. Adams was in Britain. CONTROVERSIAL PLANS-­‐ delegates in the CC frame an entirely new government o Issues between balance of large and small states o Issues between northern and southern states o Emerging battle between those who wanted a strong national government and those who wanted to protect states’ rights VIRGINIA PLAN-­‐ Edmund Randolph of Virginia takes the lead and presents the Virginia plan Devised by James Madison New form of national government Many parts were controversial however not all Jacqueline Baum 3W -­‐
Government would have 3 branches: executive, legislative, and judicial o The legislative would choose an executive to carry out laws set up court system to interpret the laws -­‐ National legislation would be bicameral o BICAMERAL-­‐ two houses (groups of representatives) § Voters choose members of the lower house who would then select the uppers house o The members are chosen in proportion to each state’s population o National government will have authority to make states follow it’s laws ** smaller states quickly objected to the Virginia Plan-­‐ they were afraid of the tyranny of their larger neighbors (Virginia could have 10x as many reps as Delaware) ** delegates argue Randolph’s plan for weeks NEW JERSEY PLAN-­‐ To counter the Virginia Plan William Paterson of NJ proposed a small state plan: the New Jersey Plan -­‐ Kept many features of the Articles of Confederation BUT gave Congress additional powers -­‐ Proposed a unicameral (one house) legislature -­‐ Each state would have equal number of representatives -­‐ Plural executive à 2 or 3 top executives chosen by Congress. o The executive would appoint members of the supreme court The Virginia and NJ plans set the stage for major disagreement. -­‐ After days of arguing some large states were hinting they might withdraw and form their own nation -­‐ A separate committee was set up to balance the interests of the large and small states THE GREAT COMPROMISE -­‐
-­‐
Connecticut delegates Oliver Ellsworth, Roger Sherman, and Dr. William Samuel Johnson Bicameral (2 houses) legislature o In lower house (house of representatives) the number of representatives from each state is determined by the state’s population o In upper house (senate) each state has an equal number of representativesà 2 per state COMPROMISE ON SLAVERY -­‐
-­‐
-­‐
Delegates had to decide on how to count the population (to determine how many representatives they get and how much they would have to pay in taxes) Enslaved African Americans made up a large portion of the population in the Southern statesà counting them would give these states more delegates BUT it would also increase taxes based on population o Southern states want to count slaves for representatives but NOT for taxesà Northern states objected 3/5 COMPROMISE All whites plus 3/5 of the slave population (all other persons) were counted for representation AND taxes (taxes on imports and exports_ Jacqueline Baum 3W -­‐
-­‐
o Native Americans were not counted o North didn’t like this because it would give the south more power This brought up other issues o Many people opposed slavery as immoral-­‐ Thomas Jefferson (he himself owned slaves) had tried to include a protest against it in the Declaration of Independence The delegates did not include a ban on slavery in the constitution to maintain unity between the North and South Compromise: agreed to a clause allowing slave trade to continue for another 20 years (no NEW slaves after 20 years but there is still slavery) FUGITIVE SLAVE CLAUSE: a slave who fled to another state had to be returned to his or her state *** this is based on the assumption that slavery will continue*** COMMERCE COMPROMISE-­‐ should you tax exports as well as import? àNo tax on exports but there is a tax on imports. Sets the underlining fight between North and South till the Civil War. South is primarily agriculture – they send cotton and Tabaco out and are dependent on others for industrial goods. They got a lot of them from England but with income taxes in made them more expensive for the South. They wanted all commerce bills to be regulated by a 2/3 vote (didn’t happen) The South are paying higher income taxes but don’t get any of the benefits because they don’t have businesses. The North are benefiting because it helps their business and industry CHECKS AND BALANCES -­‐ July 1787-­‐ a 5 man committee sits down to write a final document (this would include premade decisions) Balancing Powers: balance between Congress and President -­‐ powers of state government vs. federal government -­‐ Madison rejected the document and a new committee is formed. One delegate from each state ELECTORAL COLLEGE-­‐ do we elect or appoint the president? -­‐ another compromise!-­‐ state legislatures choose electors who choose a president -­‐ took away some powers given to Congress -­‐ at the last minute delegates create a Vice President – a person who came in 2nd -­‐ Constitution provided each branch with power to slow to slow or stop an action taken by one of the other branchesß no branch would dominate the others -­‐ Congress can pass a law over the President’s veto if 2/3 of both houses agree PLANNING THE COURT SYSTEM-­‐ delegates wanted to keep judges and courts independent, maintaining separation of powers -­‐ At first gave choice of federal judge to the senate but then split it between the two branches -­‐ President nominates judges and senate approves them -­‐ Judges cannot be fired arbitrarily’ FINAL DECISION: -­‐ document’s elegant language and clarity by Gov. Morris of Pennsylvania (wrote “We the people of the united states…”) -­‐ same government today Jacqueline Baum 3W -­‐
-­‐
-­‐
legislative branch-­‐ makes laws executive branch-­‐ carries out laws judicial branch-­‐ interprets laws as they relate to the constitution -­‐
-­‐
Franklin urges delegates to overlook parts they did not like “act heartily and unanimously” 2 out of three people who worked the hardest to write the constitution could not sign it (wouldn’t) because it lacked a Bill of Rights Outline #6 RATIFYING THE CONSTITUTION September 17th 1787-­‐ Final Day of Constitution Federalists-­‐ supported the Constitution Anti-­‐Federalists-­‐ opposed the Constitution Federalists’ viewpoints-­‐ strong leaders like Alexander Hamilton (Washington’s aid during war). Washington, and Franklin also supported and put limits on government power. Well organized Antifederalist Viewpoints outnumbered federalists but they didn’t have their own plan, tried to warn people about their flaws in the Constitution. Less organized, less unified, more diverse. Distrusted any central government. Thought it would lead to tyranny-­‐ like Great Britain. Thought constitution would abuse state’s rights and individual freedoms. Thought it favored educated and wealthy people. Leaders: Patrick Henry, Richard Henry Lee Bill of Rights: 9/13 had to ratify, instead they called for “special ratifying conventions in each state” -­‐ Publius: late 1787, pen name, 85 essays published in the NY newspapers 1st then circulated to other states and ended up in a book called “The Federalist”. Main goal-­‐ persuade NY delegates to ratify the document by explaining the advantages. Real authors: James Madison, Alexander Hamilton and John Jay. Names kept secret until 1802 -­‐ Dec 7th 1787-­‐ Delaware was 1st to ratify the Constitution then Pennsylvania (days later) within first 2 weeks of 1788 NJ, Georgia, and Connecticut ratify the Constitution. -­‐ Massachusetts, Maryland, South Carolina, and New Hampshire ratify Now they had 9/13 BUT they wanted New York and Virginia. NY was last. -­‐ first 10 amendments became Bill of Rights (from Madison) o delegated powers: Constitution gives certain powers to each branch of national government o reserved powers: Constitution does not specifically give to federal government or deny to states (power for the people) Jacqueline Baum 3W THE CONSTITUTION Constitution=7 articles (divided into sections which are divided into clauses) and 27 amendments First 3 articlesà how government is organized (3 branches) 3 major themes seen throughout constitution: -­‐ 1/3 stuff we liked about the British -­‐ 1/3 stuff we hated about the British -­‐ 1/3 completely new stuff (3 branches, separation of Church and State) Statutory vs. Fundamental Lawà statutory law-­‐ any law passed by any legislative body (Congress, state legislature, town councilà relatively easy to make and get rid of) cannot contradict the Constitution Fundamental law-­‐ is the Constitutionà difficult but not impossible to change Architect Analogy: Declaration of Independence: (no legal standing) similar to an architect’s renderingà shows all the nice stuff but not HOW it’s all going to get done Constitution: (legal foundation) similar to the blueprintà how everything’s going to work Preamble: HAS LEGAL STANDING We the Peopleàfrom Declaration of Independence “that government derives
its power from that of the governed”- government only exists because “we
the people” gives it its power. Most important line 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.-we
are united under a single government
Article. I. –Legislative Branch – first and longest- founding fathers thought it
was the most important and it was the only branch they knew (Continental
Congress) so they had the most to write on it
- divided in half (senate and house of representatives)
Section. 1. Same as sec I of Articles II and III. Stating that legislative branch has power
All legislative Powers herein granted shall be vested in a Congress of the United States, which
shall consist of a Senate and House of Representatives.
Section. 2. If state has to lose districts the state legislature does it
The House of Representatives-how many each state gets is determined by population
Jacqueline Baum 3W (census- every 10 years) 435 reps. Even if population changes shall be composed of
Members chosen every second Year by the People of the several States, and the Electors in
each State shall have the Qualifications requisite for Electors of the most numerous Branch of
the State Legislature.
No Person shall be a Representative who shall not have attained to the Age of twenty five
Years, and been seven Years a Citizen of the United States, and who shall not, when elected,
be an Inhabitant of that State in which he shall be chosen.
Representatives and direct Taxes shall be apportioned among the several States which may be
included within this Union, according to their respective Numbers, which shall be determined by
adding to the whole Number of free Persons, including those bound to Service for a Term of
Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration
shall be made within three Years after the first Meeting of the Congress of the United States,
and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The
Number of Representatives shall not exceed one for every thirty Thousand, but each State shall
have at Least one Representative; and until such enumeration shall be made, the State of New
Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence
Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware
one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
When vacancies happen in the Representation from any State, the Executive Authority thereof
shall issue Writs of Election to fill such Vacancies.
The House of Representatives shall chuse their Speaker- has to have a speaker of the house
(vote every 2 years) has a lot of power. Represents the house. Usually from the majority
party. and other Officers; and shall have the sole Power of Impeachment. House decides if
they want to impeach the president. If they do then the Senate brings them to trial.
Andrew Johnson and Bill Clinton were both impeached and both stayed in office.
majority leader- same party as speaker (now its republican)
minority leader- other party
Section. 3.
The Senate of the United States shall be composed of two Senators from each State, chosen by
the Legislature until 1913 state legislatures chose senators. Now we vote for them thereof
for six Years; and each Senator shall have one Vote.
Immediately after they shall be assembled in Consequence of the first Election, they shall be
divided as equally as may be into three Classes. The Seats of the Senators of the first Class
shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of
the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may
be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the
Recess of the Legislature of any State, the Executive thereof may make temporary
Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.
Jacqueline Baum 3W No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been
nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of
that State for which he shall be chosen.
The Vice President of the United States shall be President of the Senate, but shall have no Vote,
unless they be equally divided.
The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of
the Vice President, or when he shall exercise the Office of President of the United States.
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose,
they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief
Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of
the Members present.
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and
disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but
the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and
Punishment, according to Law.
Section. 4.
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be
prescribed in each State by the Legislature thereof; but the Congress may at any time by Law
make or alter such Regulations, except as to the Places of chusing Senators.
The Congress shall assemble at least once in every Year, and such Meeting shall be on the first
Monday in December, unless they shall by Law appoint a different Day.
Section. 5.
Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members,
and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may
adjourn from day to day, and may be authorized to compel the Attendance of absent Members,
in such Manner, and under such Penalties as each House may provide.
Each House may determine the Rules of its Proceedings, punish its Members for disorderly
Behaviour, and, with the Concurrence of two thirds, expel a Member.
Each House shall keep a Journal of its Proceedings, and from time to time publish the same,
excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the
Members of either House on any question shall, at the Desire of one fifth of those Present, be
entered on the Journal. Everything to be public (not classified stuff) each kept journal
Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn
for more than three days, nor to any other Place than that in which the two Houses shall be
sitting.
Jacqueline Baum 3W Section. 6.
The Senators and Representatives shall receive a Compensation for their Services, to be
ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases,
except Treason, Felony and Breach of the Peace, be privileged from Arrest during their
Attendance at the Session of their respective Houses, and in going to and returning from the
same; and for any Speech or Debate in either House, they shall not be questioned in any other
Place.
No Senator or Representative shall, during the Time for which he was elected, be appointed to
any civil Office under the Authority of the United States, which shall have been created, or the
Emoluments whereof shall have been encreased during such time; and no Person holding any
Office under the United States, shall be a Member of either House during his Continuance in
Office.
Section. 7.- How a Bill Becomes a Law
All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may
propose or concur with Amendments as on other Bills.
Every Bill which shall have passed the House of Representatives and the Senate, shall, before it
become a Law, be presented to the President of the United States: If he approve he shall sign it,
but if not he shall return it, with his Objections to that House in which it shall have originated,
who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after
such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent,
together with the Objections, to the other House, by which it shall likewise be reconsidered, and
if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of
both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for
and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall
not be returned by the President within ten Days (Sundays excepted) after it shall have been
presented to him, the Same shall be a Law, in like Manner as if he had signed it, pocket veto
unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a
Law.
Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of
Representatives may be necessary (except on a question of Adjournment) shall be presented to
the President of the United States; and before the Same shall take Effect, shall be approved by
him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of
Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.
Section. 8. What Congress CAN make laws about. (jurisdiction)
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay
the Debts and provide for the common Defence and general Welfare of the United States; but all
Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow Money on the credit of the United States;
Jacqueline Baum 3W To regulate Commerce (trade) with foreign Nations, and among the several States, and with the
Indian Tribes; foreign and interstate- not within the states (doesn’t regulate commerce
between cities) (articles of confederation did not have this)
To establish an uniform Rule of Naturalization (not natural born citizen), and uniform Laws on
the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof (decide what coins are worth), and of foreign Coin,
and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United
States;
To establish Post Offices and post Roads; roads for the mail
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors
and Inventors the exclusive Right to their respective Writings and Discoveries; to encourage
people who have useful skills to come here- with patents and copyrights
To constitute Tribunals (courts) inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offences against
the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on
Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer
Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections
and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of
them as may be employed in the Service of the United States, reserving to the States
respectively, the Appointment of the Officers, and the Authority of training the Militia according to
the discipline prescribed by Congress;
Create a new capital under federal gvt of different states
To exercise exclusive Legislation in all Cases whatsoever, over such District Washington D.C.
(not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of
Congress, become the Seat of the Government of the United States, and to exercise like
Authority over all Places purchased by the Consent of the Legislature of the State in which the
Jacqueline Baum 3W Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful
Buildings;--And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing
Powers, and all other Powers vested by this Constitution in the Government of the United
States, or in any Department or Officer thereof. “Elastic Clause”- supreme court’s last say.
They knew the U.S. would change and didn’t want to keep amending the Constitution so
they stretch it so that it can fit every situation- supreme court regulates “how far” it can
be stretched
Section. 9. Specifically forbidden to Congress… what Congress cant do
The Migration or Importation of such Persons as any of the States now existing shall think
proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight
hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten
dollars for each Person.
The Privilege of the Writ of Habeas Corpus (where’s the body)- if you are arrested you must
be told what you are being charged with shall not be suspended, unless when in Cases of
Rebellion or Invasion the public Safety may require it.
No Bill of Attainder Congress cannot pass a law that negatively singles out one person or
group or ex post facto “not after the fact” congress cannot punish someone after the fact
(if something was legal at the time you did it you cannot be charged for it if it becomes
illegal later on) Law shall be passed. –other civil liberties in the Bill of RIghts
No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or
enumeration herein before directed to be taken. Cant pass a law against one person or group
of people. Must use Census to determine taxes.
No Tax or Duty shall be laid on Articles exported from any State. No tax on exports
Can’t favor one state or ship over another-No Preference shall be given by any Regulation of
Commerce or Revenue to the Ports of one State over those of another; nor shall Vessels bound
to, or from, one State, be obliged to enter, clear, or pay Duties in another.
No taking money unless you say it publically (in a bill)No Money shall be drawn from the
Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and
Account of the Receipts and Expenditures of all public Money shall be published from time to
time.
No Title of Nobility shall be granted by the United States cant give any titles like dukes, lords,
princes- members of aristocracy: And no Person holding any Office of Profit or Trust under
them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or
Title, of any kind whatever, from any King, Prince, or foreign State. Cannot take presents from
foreign leaders- belongs to white house. They don’t want people to think they favor
certain nations because they gave a nice gift
Jacqueline Baum 3W Patent vs. Copyright: both are permission for monopolies
Patent-put on an invention
Copyright- on intellectual property (book, play, song, logo, sign)
Neither lasts forever but a patent runs out faster. Patents on prescription drugs run out
very fast.
Ancillary Rights- rights to profits from merchandise
The exception to this is free speech like if you make parodies you don’t have to pay for
the rights.
Section. 10. What the states can’t do
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and
Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in
Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation
of Contracts, or grant any Title of Nobility. Only federal government can coin money, make
treaties, military (only in self defense) trade
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or
Exports, except what may be absolutely necessary for executing it's inspection Laws: and the
net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the
Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and
Control of the Congress.
No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or
Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with
a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will
not admit of delay.
Article. II.- executive branch
Section. 1.
The executive Power shall be vested in a President of the United States of America. He shall
hold his Office during the Term of four Years, and, together with the Vice President, chosen for
the same Term, be elected, as follows:
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of
Electors, equal to the whole Number of Senators and Representatives to which the State may be
entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust
or Profit under the United States, shall be appointed an Elector.
Electoral college:
Jacqueline Baum 3W The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom
one at least shall not be an Inhabitant of the same State with themselves. And they shall make a
List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign
and certify, and transmit sealed to the Seat of the Government of the United States, directed to
the President of the Senate. The President of the Senate shall, in the Presence of the Senate
and House of Representatives, open all the Certificates, and the Votes shall then be counted.
The Person having the greatest Number of Votes shall be the President, if such Number be a
Majority of the whole Number of Electors appointed; and if there be more than one who have
such Majority, and have an equal Number of Votes, then the House of Representatives shall
immediately chuse by Ballot one of them for President; and if no Person have a Majority, then
from the five highest on the List the said House shall in like Manner chuse the President. But in
chusing the President, the Votes shall be taken by States, the Representation from each State
having one Vote; A quorum for this purpose shall consist of a Member or Members from two
thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every
Case, after the Choice of the President, the Person having the greatest Number of Votes of the
Electors shall be the Vice President. But if there should remain two or more who have equal
Votes, the Senate shall chuse from them by Ballot the Vice President.
The Congress may determine the Time of chusing the Electors, and the Day on which they shall
give their Votes; which Day shall be the same throughout the United States.
No Person except a natural born Citizen born here or American parents, or a Citizen of the
United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of
President; neither shall any Person be eligible to that Office who shall not have attained to the
Age of thirty five Years, and been fourteen Years a Resident within the United States.
In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to
discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice
President, and the Congress may by Law provide for the Case of Removal, Death, Resignation
or Inability, both of the President and Vice President, declaring what Officer shall then act as
President, and such Officer shall act accordingly, until the Disability be removed, or a President
shall be elected.
The President shall, at stated Times, receive for his Services, a Compensation, which shall
neither be increased nor diminished during the Period for which he shall have been elected, and
he shall not receive within that Period any other Emolument from the United States, or any of
them. (Congress determines his paycheck)
Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--"I
do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United
States, and will to the best of my Ability, preserve, protect and defend the Constitution of the
United States." You don’t have to swear for religious purposes (separation of Church and
State)
Section. 2. Powers of the President
The President shall be Commander in Chief of the Army and Navy of the United States, and of
Jacqueline Baum 3W the Militia of the several States, when called into the actual Service of the United States; he may
require the Opinion, in writing, of the principal Officer in each of the executive Departments,
upon any Subject relating to the Duties of their respective Offices, and he shall have Power to
grant Reprieves and Pardons for Offences against the United States (federal crimes), except in
Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties,
provided two thirds of the Senators present concur; and he shall nominate, and by and with the
Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and
Consuls, Judges of the supreme Court, and all other Officers of the United States, whose
Appointments are not herein otherwise provided for, and which shall be established by Law: but
the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in
the President alone, in the Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies that may happen during the Recess of
the Senate, by granting Commissions which shall expire at the End of their next Session.
George Washington did things that are not in the Constitution (NOT illegally) that set the
precedent for all other presidents (stretched the Constitution ex: cabinets- he created the
cabinet now all other presidents have it)
Section. 3. President had to inform Congress every few months to let them know what is
going on- State of Union Address
Every January of non-inaugural years- president He shall from time to time give to the
Congress Information of the State of the Union, and recommend to their Consideration such
Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions,
convene both Houses, or either of them, and in Case of Disagreement between them, with
Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think
proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the
Laws be faithfully executed, and shall Commission all the Officers of the United States.
Section. 4. Impeachment
The President, Vice President and all civil Officers of the United States, shall be removed from
Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and
Misdemeanors. Serious or small- you cannot abuse your oath or constitutional power
Article III. Judicial Branch (supreme court)
Section. 1. Term- for life unless they resign or get impeached
The judicial Power of the United States shall be vested in one supreme Court, and in such
inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of
the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at
stated Times, receive for their Services a Compensation, which shall not be diminished during
Jacqueline Baum 3W their Continuance in Office.
Section. 2. What the court does
Powers not like the modern supreme court. It became how it is today by the 4th chief
Justice John Marshall. He made it an equal branch of government (wasn’t equal until
John Marshall)
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution,
the Laws of the United States, and Treaties made, or which shall be made, under their
Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases
of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a
Party;--to Controversies between two or more States;-- between a State and Citizens of another
State,--between Citizens of different States,--between Citizens of the same State claiming Lands
under Grants of different States, and between a State, or the Citizens thereof, and foreign
States, Citizens or Subjects.
Basis of the case John Marshall used to change the Supreme Court (Marbury vs.
Madison) talks about origin of Appellate Jurisdiction
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a
State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases
before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact,
with such Exceptions, and under such Regulations as the Congress shall make.
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall
be held in the State where the said Crimes shall have been committed; but when not committed
within any State, the Trial shall be at such Place or Places as the Congress may by Law have
directed.
Original Jurisdiction- very first place a case is heard
Appellate Jurisdiction- go to for appeal- after the original jurisdiction if you think it wasn’t
fair or unconstitutional
Section. 3.
Treason against the United States, shall consist only in levying War against them, or in adhering
to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless
on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of
Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person
attainted.
Article. IV. Federal government and states
Jacqueline Baum 3W States have to respect each other. This could mean you must follow laws in
the state you are currently in as well as in the state you are fromexceptions: gay marriage-the indecisive marriage act is currently going on
and we should have an answer by May- if you are gay and get married in one
state and move to a dif one that doesn’t have gay marriage
Section. 1.
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial
Proceedings of every other State. And the Congress may by general Laws prescribe the Manner
in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
Section. 2.
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the
several States. If you are a citizen of any state you have the rights and privileges of any
other state that you go to (sometimes you like it sometimes you might not works both
ways)
A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice,
and be found in another State, shall on Demand of the executive Authority of the State from
which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.
Extradition- state legal proceedings- if you have to get criminals that fled to a different
state the state you fled to has to send you back. You still get a hearing
No Person held to Service or Labour in one State, under the Laws thereof, escaping into
another, shall, in Consequence of any Law or Regulation therein, be discharged from such
Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or
Labour may be due. If a slave escapes they have to be sent back no matter what. The state
you escaped to respects the state you came from
Section. 3.
New States may be admitted by the Congress into this Union; but no new State shall be formed
or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of
two or more States, or Parts of States, without the Consent of the Legislatures of the States
concerned as well as of the Congress. The federal government has to protect every state in
case there is a rebellion ( reaction to Shay’s Rebellion)
The Congress shall have Power to dispose of and make all needful Rules and Regulations
respecting the Territory or other Property belonging to the United States; and nothing in this
Constitution shall be so construed as to Prejudice any Claims of the United States, or of any
particular State.
Section. 4.
Jacqueline Baum 3W The United States shall guarantee to every State in this Union a Republican Form of
Government, and shall protect each of them against Invasion; and on Application of the
Legislature, or of the Executive (when the Legislature cannot be convened), against domestic
Violence.
Article. V.
2/3 of Congress, ¾ of the states, no need for the President
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose
Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the
several States, shall call a Convention for proposing Amendments, which, in either Case, shall
be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures
of three fourths of the several States, or by Conventions in three fourths thereof, as the one or
the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment
which may be made prior to the Year One thousand eight hundred and eight shall in any Manner
affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State,
without its Consent, shall be deprived of its equal Suffrage in the Senate.
Article. VI.
All Debts contracted and Engagements entered into, before the Adoption of this Constitution,
shall be as valid against the United States under this Constitution, as under the Confederation.
Any debts will be honored- we will pay back France, Britain, England
Supremacy Clause- local laws cannot contradict state laws. State laws cannot contradict
federal laws and NOTHING can contradict the Constitution.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof;
and all Treaties made, or which shall be made, under the Authority of the United States, shall be
the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing
in the Constitution or Laws of any State to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members of the several State
Legislatures, and all executive and judicial Officers, both of the United States and of the several
States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test
separation of church and state-anyone can be in government shall ever be required as a
Qualification to any Office or public Trust under the United States.
Article. VII. How to Ratify- Completely irrelevant-only ratified when there
were the 13 states
Jacqueline Baum 3W The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of
this Constitution between the States so ratifying the Same. 3/4 needed
The Word, "the," being interlined between the seventh and eighth Lines of the first Page, the
Word "Thirty" being partly written on an Erazure in the fifteenth Line of the first Page, The Words
"is tried" being interlined between the thirty second and thirty third Lines of the first Page and the
Word "the" being interlined between the forty third and forty fourth Lines of the second Page.
Supremacy Clause- Final law of the land- you can stretch the law and add to it but you
cannot contradict the Constitution. The Supreme court decides what contradicts the
Constitution. John Marshal 4th Chief Justice “Constitution says what the supreme court
says it says”
Attest William Jackson Secretary
done in Convention by the Unanimous Consent of the States present the Seventeenth Day of
September in the Year of our Lord one thousand seven hundred and Eighty seven and of the
Independance of the United States of America the Twelfth In witness whereof We have hereunto
subscribed our Names,
Age Term Limit House Senate President 25 30 35 2 yr term 6 yr term 4 year term-­‐ 2 term limit Citizenship Requirements Citizen for 7 years Citizen for 9 years Born In America and lived in America for 14 years POWERS: House Shorter term Has rules-­‐ rules to debate an issue Both Depend on staff Work at getting reelected Senate Longer terms No rules on debate-­‐ unlimited time-­‐ filibuster (taking in senate without having to stop-­‐ need 60 votes to stop a filibuster) More partisan/ tied to Almost all stuff Sole power to ratify political parties Congress does is made treaties public Represent less people Make laws Represents entire Jacqueline Baum 3W (narrow constituency) state (broader constituency) only one that can start Do things to help their No general rules for a revenue bill (tax bill) constituency floor amendments Impeachment Travel to their state/ When house district impeaches senate brings president to trial how a bill becomes a law-­‐ -­‐ congress is divided into committees -­‐ there is a committee for every topic -­‐ when a law is suggested it is sent to the appropriate committee -­‐ that is where 90% of the work on that bill is done (some bills die there) -­‐ house is bigger so it has more committees -­‐ every committee has a chairperson o in the house the chair is republican o in the senate the chair is democratic o if the other party takes over the chair changes -­‐ you apply to be on a committee but it is determined by senate majority leader and speaker of the house -­‐ the bill gets passed by a majority in the house and senate -­‐ goes to president and he can sign it or veto it -­‐ if it is not signed it goes back to Congress need 2/3 of house and senate to override the president’s veto -­‐ if a president leaves a bill unsigned for 10 days: o congress is in session: bill is passed o congress not in session: the bill is cancelled-­‐ pocket veto History final notes Rhode island did not ratify (approve) the Constitution-­‐ mainly because there was no Bill of Rights. Whether or not they voted to keep the Constitution they still have to follow it. Bill of Rights-­‐ first 10 amendments to the Constitution. -­‐ There are only 10 amendments but around 27 rights are stated. -­‐ Madison may have been the primary writer but he was not the only one involved. -­‐ Madison did not see the amendments as a way to change the constitution but as an addition. Jacqueline Baum 3W -­‐
-­‐
-­‐
Regardless of what Madison wanted, the amendments are use not only to add, but also to change the constitution o #13 abolishing slavery and #12 fixing the electoral college were both changes to the constitution Why didn’t they just put all of these rights directly into the constitution? o Once you write specific writes down on paper people can say that you don’t have any rights that are not written down. ß This is fixed in the 9th amendment Bill of rights is influenced by many documents as well as colonial influences. o Freedom of religion was in every state o 4th amendment rights are all from colonial rights o So is freedom of press Broad based topics of the Bill of Rights: -­‐ Any civil liberties or rights you have is about the individual vs. the government o You can’t be put in jail for saying certain things (free speech) but you CAN be fired from your job because free speech only applies between you and the government not you and your employers. o No right is absolute-­‐ you can only make decisions for yourselves not for others -­‐-­‐ ex: your child-­‐ if they need medical assistance that’s against your religion you can chose not to get the assistance but you can NOT chose for your child not to have it. -­‐-­‐Ex: freedom of religion does NOT mean you can sacrifice and kill people. The Bill of Rights: A Transcription
Amendment I – 5 different rights (6 b/c religion is split in two)
Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people
peaceably to assemble, and to petition the Government for a redress of grievances.
ReligionEstablishment Clause: government cannot make laws inhibiting (against) religion
Engel V. Vitale: public schools used to have an organized prayer in the morning. ß The
Supreme Court ruled that it was a violation of the establishment clause and they took out
Jacqueline Baum 3W the organized prayer.
Free Exercise- congress cannot pass laws prohibiting free exercise (practice) of religion
W. Virginia V. Barnett- a group of Jehovah’s Witnesses (form of religion) back then there
was a law to say the pledge of allegiance. They said that the flag was idol worship and
these parents didn’t want their kids having to say this in school. The purpose of the
pledge was to make good citizens. Jehovah’s Witnesses must prove that whether or not
we say the pledge we are still good citizens. They won the case because by not saluting
the flag they did not violate the purpose of the law (they can still be good citizens)
Rights of speech and pressSpeech = to speak and hear others speak
Schenk V. U.S.- at the beginning of WWI espionage sedition acts (limited free speech
against the war) This guy Schenk was giving out literature saying people should resist
the draft and that the war is evil. He was arrested, tried, and found guilty. He then
appealed. Under what grounds?
-He said the law was unconstitutional. Compelling Interest- The government must show
that the purpose of the law was more important to society than a person’s rights
Purpose of the law- build moral because otherwise troops already fighting won’t want to
fight and we will lose
schenk’s argument- we are a country “by the people” if people start uprising the
government would have to listen to them.
The judge in the case said Schenk presented a “clear and present danger” with what he
did. You have free speech but the same way you can’t yell fire in a movie theater he can’t
do that. We elect the government to do what they think is best so when the election
comes don’t elect them again. Congress never passed a law like this again (the war in
Vietnam was ended by protests)
Press= to publish and access information from other sources
NY Times V. U.S.- “Pentagon Papers” the pentagon hired Ram corporation to analize the
war efforts in Vietnam and tell them what they did wrong and how to fix it. The people had
to sign confidentiality agreements. One guy sold these papers to the N.Y. Times. They put
it on the front page of the paper. The government issued an injunction (court order to
stop things) on the NY times to stop printing the article. They wanted a permanent
injunction. The case went to the Supreme Court. The government said it was classified
military strategy and national security. NY times said it already happened the soldiers and
enemies all knew this information and the people should too. The NY times was allowed
to continue printing and the guy who stole the information was arrested.
The rights of speech and press are both limited by defamation.
Defamation- to ruin someone’s reputation.
Verbally-slander. Print- libel (pretty much the same thing)
In order for it to be defamation the information must be false. If it is true they can’t sue for
Jacqueline Baum 3W defamation but they can sue for invasion of privacy or hacking their computer. The victim
must prove that the defamation was false and done with malice (they knew it was false
and did it anyways, or should have known but made no effort to find out) in order to sue
and win money they must prove that it ruined their reputation. They make it hard to sue
because we want to keep free speech.
Right to peacefully assembleYou have the right but you still need a permit to march/ gather or else you can be
arrested. Also it must be peaceful- you can’t incite people to riot
Right to petition the government.
Amendment II -the right to own a gun. Supreme Court ruled in 2010 that the
writers didn’t mean that everyone should own a gun when they wrote this
(they overturned a previous decision)
A well regulated Militia, being necessary to the security of a free State, the right of the people to
keep and bear Arms, shall not be infringed. This was put in so that each state would be able
to retain (keep) their own militia. (we still have this it’s called the National Guard)
The Supreme Court gets to decide what this means. It doesn’t mean you can’t LIMIT gun
laws- rights are not absolute
McDonald V. Chicago
Amendment III
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. Reaction to Quartering Actsoldiers can never be forced into your homes
Amendments 4, 5,and 6 are known as the Due Process (obligation) Amendments – outline
the legal process the government is obligated to give people suspected of a crime- does
not apply unless it’s a criminal case.
Amendment IV reaction to Writs of Assistance- government needs to have a
warrant-you need probable cause.
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.
Jacqueline Baum 3W Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a
presentment or indictment of a Grand Jury, 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; nor shall be compelled in
any criminal case to be a witness against himself, 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. ß eminent domain
Amendment VI fair trial
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial
(relative term), by an impartial jury of the State and district wherein the crime shall have been
committed, (from colonies. Only the defendant can ask for a new jury- the judge decided
whether to permit it) which district shall have been previously ascertained by law, and to be
informed of the nature and cause of the accusation; to be confronted with the witnesses against
him;(cross examination) to have compulsory process for obtaining witnesses in his favor, (writcourt order. Sepena- whether they want to or not. They make people witness whether or
not they want to)and to have the Assistance of Counsel for his defense.
Gideon V. Wainwright- it was already said that in federal cases if you can’t afford an
attorney the government will pay for one for you. This was only for federal crimes not
state crimes. Gideon was charged with breaking into a pool hall and stealing from the
register. He was from Florida a they had a rule that if you get convicted 3 times you go to
jail for life. This was his 3rd time and he couldn’t afford a lawyer and was convicted. He
appealed and the ACL took his case and gave him a great lawyer. The case went to
Supreme Court. They had to interpret the meaning of the 6th amendment “fair trial” how is
it fair that the government has a lawyer and he has no way to defend himself. They
overturned his sentence ( he was let out of jail) and the state gave him a lawyer he was
retried and not found guilty.
-same right to lawyer in state and federal cases
Amendment VII civil cases- if its worth more than $20 you can ask for a jury.
Back then $20 was more than a year’s salary. Now we have small courts (like
judge Judy) with no lawyers just you the defendant and the judge.
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.
Jacqueline Baum 3W Amendment VIII punishment has to fit the crime.
Excessive bail (purpose of bail is collateral- you get your money back when you go to trial
even if you’re found guilty- amount depends on a number of factors that are different in
every person) shall not be required, nor excessive fines imposed,(fine depends on the crime
and who has to pay)nor cruel and unusual punishments inflicted. (No Torture)- what is cruel
and unusual punishment- determined by Supreme Court.
Amendment IX the solution to people thinking these are our only rights
The enumeration in the Constitution, of certain rights, shall not be construed to deny or
disparage others retained by the people. Reasonable- ex: right to privacy- it’s not in the
constitution but it is assumed (partly from the first four amendments)
Amendment X delegated powers vs. reserved powers
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.
Delegated Reserved Right to punish counterfeiters X-­‐ only congress Right to declare war X-­‐ only congress Age for marriage X Right to turn on a red light X What grade you learn American History X Review of Constitution: (important stuff) Article 1-­‐ Congress (legislative Branch) Section 1-­‐ legislative branch has power Section 2-­‐ House of representatives Section 3-­‐ Senate Section 7-­‐ How a Bill Becomes a Law Section 8-­‐ What congress can make laws about Section 9-­‐ What congress specifically cannot do Section 10-­‐ what the states are not allowed to do Article 2-­‐ President (executive branch) Section 1-­‐ electoral college Section 2-­‐ powers of the president Section 3-­‐ president must inform Congress every few months about what is going on ( state of the union address) Section 4-­‐ impeachment Article 3-­‐ Supreme Court (judicial branch) Section 1-­‐ term (for life) Jacqueline Baum 3W Section 2-­‐ what the court does Article 4-­‐ federal Government and states Article 5-­‐amendment process Article 6-­‐ we will pay back debts to France, Britain, England Article 7-­‐ How to ratify the Constitution Review of Bill of Rights: Amendment 1 -­‐ establishment clause: Engel v. Vitale -­‐ Free Exercise Clause: West Virginia v. Barnette -­‐ free speech: Schenk V. U.S. -­‐ free press: NY times v. U.S. -­‐ right to peaceful assemble -­‐ right to petition the government Amendment 2 -­‐ right to own a gun: Mcdonald v. Chicago Amendment 3 -­‐ soldiers can’t be forced into your homes-­‐ response to quartering act Amendment 4 -­‐ government needs a warrant-­‐ reaction to writs of assistance Amendment 5 -­‐ eminent domain Amendment 6 -­‐ Fair Trial: Gideon V. Wainwright Amendment 7 -­‐ civil cases -­‐ small courts Amendment 8 -­‐ punishment must fit the crime -­‐ no cruel and unusual punishment/ torture Amendment 9 -­‐ states that these are not your only rights Amendment 10 -­‐ delegated powers vs. reserved powers ** Feel free to call with any questions 646 319 3773 good luck **