Social Studies 12 The Constitution

WHO WERE THOSE PEOPLE?! Pilgrims Puritans Business opportunists Criminals Indentured servants

PURITANS Arrived in 1630 and established the Massachusetts Bay Colony. Desired to reform their church from within.

INDENTURED SERVANTS Typically seven year contracts of service. Predominantly Europeans, including Irish, Scottish, English and Germans, some Africans.

HERE’S THE DEAL……… England: We give you-protection (army and navy), trade partnership and brokership, funding and some governmental autonomy (self-rule) The Colonies: You give us-your goods, taxes, loyalty and territorial claims through colonization

GROWTH New England-forests, fisheries, and rum Mid-Atlantic-agriculture, fur trade Virginia and North Carolina-tobacco Lower South-tobacco, rice and indigo

LABOR FORCE Indentured servants Native Americans Africans

SIGNIFICANT DATES & EVENTS 1619 first documented importation of Africans to America, used mainly as indentured servants Revolutionary War (English recruitment of slaves and Native Americans Early activism: women, Quakers, slaves and free blacks Rebellion U.S. Constitution (no slave trade after 1808) A country torn Civil War Emancipation Proclamation Reconstruction

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

DECLARATION OF INDEPENDENCE Self-evident truths: All men are created equal. They are endowed by their Creator with certain inalienable rights (life, liberty and the pursuit of happiness) To secure these rights governments are instituted among men, deriving their just powers from the consent of the governed. Whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it and to institute a new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.

Articles of Confederation Original American gov’t system Weak central gov’t Individual and state liberties not threatened No executive (they hated kings) Confederacies are usually unstable

A of C – Weaknesses Article II – “Each state retains its sovereignty, freedom, and independence.” Gov’t has no control Unicameral Congress (one house) with one vote per state –Supermajority (9 of 13) to pass a law –Supermajority (13 of 13) to amend No Executive (No President), no central authority No Federal Judiciary (No Supreme Court), no central law No control of taxation, commerce between states or with foreign nations, money system

Shay’s Rebellion Colonies were in debt after the war, central gov’t tried to raise taxes ohttp:// o Farmers in western Massachusetts rebelled against tax they could not afford Rebelled against foreclosures, forced judges out of court, freed debtors from jail Showed that national gov’t was weak, needed to seek a stronger national gov’t

The Constitutional Convention 1787 Revising the A of C Demographics of Delegates -55 delegates (none from RI) -33 Lawyers -half were college graduates -7 former governors -7 plantation owners -8 business leaders -age (avg. age 42) -all male, all white

Great Compromise A bicameral legislature in which the House of Representatives membership apportioned according to the state populations, plus 3/5 the slave population An upper house, the Senate, which would have two members from each state, elected by the state legislature (popularly elected today). VYhttp:// VY

Three-fifths Compromise Agree to allow the South to count 3/5 the population in each state to balance the power of North and South

SLAVE POPULATION By the time of the Constitutional Convention in 1787, slavery in the United States was a grim reality. In the census of 1790, there were slaves counted in nearly every state, with only Massachusetts and the "districts" of Vermont and Maine, being the only exceptions. In the entire country 3.8 million people were counted, 700,000 of them, or 18 percent, were slaves. In South Carolina, 43 percent of the population was slave. In Maryland 32 percent, and in North Carolina 26 percent. Virginia, with the largest slave population of almost 300,000, had 39 percent of its population made up of slaves. *USConstitution.net

1860 POPULATION

WORKING IT OUT… Written in the summer of 1787 in Philadelphia, Pennsylvania (55 delegates) Took 87 days Had 39 signers Preamble, seven articles and 27 amendments (eventually)

GEORGE THE FIRST? Under the 1 st and 2 nd Continental Congress ( ): Peyton Randolph Henry Middleton John Hancock Henry Laurens John Jay Samuel Huntington Thomas Mckean Under the Articles of Confederation ( ) John Hanson Elias Boudinot Richard Henry Lee Nathaniel Gorham Arthur St. Clair Cyrus Griffin Under U.S. Constitution George Washington+(1789)

THE SIGNERS Connecticut –William Samuel Johnson –Roger Sherman Delaware –George Read –Gunning Bedford, Jr. –John Dickinson –Richard Bassett –Jacob Broom Georgia –William Few –Abraham Baldwin Maryland –James McHenry –Daniel of St. Thomas Jenifer –Daniel Carroll Massachusetts –Nathaniel Gorham –Rufus King New Hampshire –John Langdon –Nicholas Gilman New Jersey –William Livingston –David Brearly (Brearley) –William Paterson (Patterson) –Jonathan Dayton New York –Alexander Hamilton North Carolina –William Blount –Richard Dobbs Spaight –Hugh Williamson Pennsylvania –Benjamin Franklin –Thomas Mifflin –Robert Morris –George Clymer –Thomas Fitzsimons (FitzSimons; Fitzsimmons) –Jared Ingersoll –James Wilson –Gouverneur Morris South Carolina –John Rutledge –Charles Cotesworth Pinckney –Charles Pinckney –Pierce Butler Rhode Island –did not send any delegates to the Constitutional Convention. Virginia –John Blair –James Madison Jr. –George Washington

JOHN HANSON…. Because he was the first man to serve a full term as President of the Continental Congress under the Articles of Confederation in 1781 and 1782, he has been called the first President of the United States

ADDITIONAL KEY PLAYERS James Madison, “Father of the Constitution” George Washington, unanimous selection as convention chair. Did not participate in debates but did consult with committees and individuals

PREAMBLE 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.----Memorize for E.C.

ARTICLES I-VII I-III: Establishment of Executive, Legislative and Judicial Branches IV: States’ rights between states V: Amendability VI: Supreme law of the land VII: Ratification (9 of 13)

AMENDING THE CONSTITUTION

1. Six Basic Principles 1) Popular Sovereignty – people are the only source of governmental power. Government can govern only with the consent of the governed. Why is popular sovereignty necessary?

2. Six Basic Principles 2) Limited Government –Gov’t may do only those things that the people have given it the power to do. –Limited Government creates the question of constitutionalism. 3) Constitutionalism – the government must be conducted according to the constitutional principles.

3. Six Basic Principles 4) Separation of Powers — Created the 3 branches of government. Executive, Judicial, and Legislative.

Separation of Powers Prevents an all-powerful ruling body 1.Legislature – passes law (Congress) 2.Executive – enforces law (President) 3.Judiciary – interprets law (Supreme Court)

4. Six Basic Principles 5) Checks and balances – This means that each branch is subject to a number of checks (restraints) by the other branches.

THE FLOW OF POWER

5. Six Basic Principles 6) Judicial Review – The power to decide whether what a government does is in accord with what the Constitution provides. Was established by the court case Marbury v. Madison. This gives the Supreme Court its “muscle” to decide if other branches of gov’t are acting constitutionally. pshttp:// ps

6. Other Principles Federalism – The division of power among a central government and several regional governments.

7. The National Gov’t and States The National Gov’t has many obligations to the States. The Nat’l Gov’t must guarantee a Republican form of Government. What is a Republican form of gov’t? The Supreme Court refuses to define one.

8. The National Gov’t and States The National Gov’t must protect against invasion and domestic violence. An attack on any state is seen as an attack on America itself. States are expected to keep peace w/in their borders. Not always the case.

9. The National Gov’t and States Newark, NJ and Detroit, MI in

10. The National Gov’t and States The National Gov’t must also help out after natural disasters.

11. The National Gov’t and States Co-operative Federalism The best example is Grants-in-aid programs: grants of federal money or other resources to the States. More than 500 programs currently exist.

12. The National Gov’t and States State requirements to receive a grant: –Use the federal funds for the purpose specified. –Make its own contribution, often of an equal amount, sometimes less. –Set up an agency and procedures to manage the grant. –Obey fed. Guidelines for which the aid is given.

13. The National Gov’t and States Block Grants: grants to State and local govt’s with more broadly defined purposes and fewer strings attached. Ronald Reagan pushed to cut back the use of block grants.

14. Interstate Relations Full Faith and Credit: Each state must respect the validity of laws from other states. This has become an important issue lately with the topic of same-sex marriage and the possible implications.

15. Interstate Relations Extradition: The legal process in which a fugitive from justice in a State is returned to that State from another.

15. Interstate Relations Privileges and Immunities Constitution says, “The citizens of each State shall be entitled to all privileges and immunities of citizens of the several states.” States can discriminate against residents from other states. –Examples: Higher fees for fish and game licenses, higher tuition for universities etc.

16. Interstate Relations Congress in 1996 passed the Defense of Marriage Act (DOMA). The DOMA Act is meant to prevent the courts from using the Constitution's Full Faith and Credit Clause to bring same-sex marriage to states that have rejected it by forcing one state to recognize the marriages of another state. Some states allow this and some don’t.

17. Interstate Relations The USA PATRIOT Act is an Act of the U.S. Congress and signed into law by President George W. Bush on October 26, The purpose of the USA PATRIOT Act is to deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and other purpose.

18. PATRIOT ACT To strengthen U.S. measures to prevent, detect and prosecute international money laundering and financing of terrorism. To subject to special scrutiny foreign jurisdictions, foreign financial institutions, and classes of international transactions or types of accounts that are susceptible to criminal abuse. Ahttp:// A