The Road to the US Constitution

British Constitutional Tradition England had no written Constitution Nonetheless, we can find the origins of many concepts espoused in US law in the English legal tradition. Magna Carta

Charles I vs Parliament Struggles over Money Petition of Right Eleven Years of Tyranny English Civil War

Aftermath of the Civil War On January 30, 1649, Charles I was executed. Cromwell and the Protectorate Stuart Restoration Religious Conflict

Glorious Revolution and the Bill of Rights (1689) De-legitimizes (and thus denies precedence) the powers recently exercised by the Crown (“pretended powers”) Bans extra-Parliamentary taxation Peace-time standing armies allowed only with Parliamentary approval Right to bear arms (for Protestants) Freedom of speech Jury trials Parliaments to be held often

Social Contract Mutual contract between the government and the governed Governed agree to be ruled only so that their rights, property and lives be protected by their rulers. Once rulers cease to protect the ruled, the social contract is broken and the governed are free to choose another set of governors or magistrates. Declaration of Independence as a breach of contract suit

American Colonies Colonial Charters Local Government Grievances Declaration of Independence American Revolutionary War

After Independence Articles of Confederation (1781) State Governments Shay’s Rebellion

Constitutional Convention Purpose Delegates Profile Goals

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.

Contentious Issues Power of the central government Representation Slavery Tariffs

Big states and Small states The 1790 Census:

The Result Popular sovereignty Republicanism (Representative Democracy) Limited government Written law Separation of Power with Checks & Balances Federalism

Ratification States would hold conventions. Once nine of the thirteen approved, the Constitution would be the law of the land. Propaganda battle over ratification produces Federalist Papers and several anti-federalist counter-arguments.

Order of Ratification 1 Delaware December 7, Pennsylvania December 12, New Jersey December 18, Georgia January 2, Connecticut January 9, Massachusetts February 6, Maryland April 28, South Carolina May 23, New Hampshire June 21, 1788 (With this state's signing, the Constitution became legal) 10 Virginia June 25, New York July 26, North Carolina November 21, 1788 (Initially voted against ratification) 13 Rhode Island May 29, 1790 (Did not even hold a constitutional convention)