History and Background of the Constitution and Bill of Rights

The Revolutionary Origins of the American Constitution American legal and constitutional traditions were profoundly influenced by English common law and the “English Constitution” The “English Constitution” did not actually exist in written form, but was greatly respected in the American Colonies Disagreements over the interpretation of the English Constitution led to the American Revolution

What were the disagreements about? Money Taxes

England needed money The French and Indian War incurred tremendous debt England felt that the colonists were the main beneficiaries of the war, and so therefore, should pay their fair share of the costs. The colonists felt they had sacrificed enough in terms of providing supplies and militiamen

The War ended with the Treaty of Paris in 1763 England was looking for America to make unprecedented contributions to the British treasury Americans were tired of the war and its threats and violence. Colonists wanted to be left alone. With secure frontiers, Americans were less dependent on the British then they had ever been before.

Taxes Beginning in 1764 and 1765, the British parliament created new taxes on the colonies to raise revenue Parliament also decided to enforce existing customs laws that had been evaded by American merchants for decades The taxes were not a major economic burden to the colonists, but seemed to violate a principle of the English Constitution, “no taxation without representation”

Constitutional Debate Colonies originally sent humble petitions to Parliament asking for the “unconstitutional acts” to be repealed Humble petitions turned to marches and demonstrations Britain responded by sending more troops and passing additional legislation

British and American responses to the increasing tension Britain required Americans to lodge British troops in their homes and created new taxes Boston Tea Party (December 16, 1773) was in response to the tax, but also to the Monopolization of the Tea industry Coercive Acts punished the colony of Massachusetts Continental Congress took place in 1774 Battles of Lexington and Concord – May 1775

Boston Tea Party

Declaration of Independence Delegates agreed to independence July 2, 1776 Declaration adopted July 4, 1776

Americans are no longer “Subjects” but “Citizens” “Subjects look up to a master, but citizens are so far equal, that none have hereditary rights superior to others. Each citizen of a free state contains, within himself, by nature and the constitution, as much of the common sovereignty as another”. - David Ramsay, South Carolina

What was a constitution? Americans came to realize that the English constitution was not adequate to safeguard liberties As states created their own governments, they realized that constitutions needed to be written down in order to secure and protect liberty Most state constitutions weakened the executive branch and strengthened the lower assemblies whose power was derived directly from the people

Goals of the Articles of Confederation Keep government small Keep government weak Locate government physically close to the people, so that those in power could be closely watched

Articles of Confederation Was outlined as early as June 11, 1776 by a committee appointed by the Continental Congress Gave the proposed government enormous responsibility “to provide for the states’ common defense, the security of their liberties and their mutual and general welfare”. Denied the government most of the powers necessary to carry out their responsibilities

The Confederation government lacked: The power to tax The power to regulate commerce among the states A chief executive

State of the Country in 1787 France and Holland wanted monies owed to them State governments were not interested in contributing to the debt problem State constitutions gave the states excessive power at the expense of the federal government The Continental Congress seemed unable to accomplish anything

The “Second Revolution” in American Government May 25, 1787, a Convention gathered to propose a new constitution Delegates agreed to deliberate in secrecy with the doors and windows of the Assembly room closed An entirely new form of government was proposed with a National legislature, executive and judiciary

Independence Hall

A Bill of Rights? On September 12, five days before the Convention was to adjourn, George Mason of Virginia, proposed that the almost complete Constitution be “prefaced with a Bill of Rights”. None of the delegates were willing to spend the additional time and effort on this.

Ratification The new government would take effect when nine of the 13 states ratified the new Constitution. This was the first time in American History where voters in all states were asked to vote on the issue Between the end of September and January 9th five states (Delaware, Pennsylvania, New Jersey, Georgia and Connecticut) ratified the Constitution

Ratification continued… Massachusetts criticized the Constitution for its lack of a Bill of Rights and leaned toward rejecting it Supporters promised to add a bill of rights as soon as government under the new Constitution began The issue of adding a bill of rights before or after the new government met became the main debate in ratification for each additional state. Ratification was complete by June of 1788, but North Carolina and Rhode Island did not agree until 1789 and 1790

A New Government President Washington took the oath of office on April 30, 1789 The first session of the Federal Congress began in March 1789, and immediately began work on a bill of rights

The Bill of Rights James Madison initiated the set of amendments to “make the Constitution better in the opinion of those who are opposed to it”

12 Original Bill of Rights Original rights influenced by state constitutions, especially Virginia. Originally had 12 amendments Two dealing with representation in the House of Representatives and congressional pay raises were not ratified Other 10 ratified by the necessary number of states by December 15, 1791

Bill of Rights

Source The Penguin Guide to the United States Constitution, A Fully Annotated Declaration of Independence, US Constitution and Amendments, and Selections from the Federalist Papers. - Richard Beeman