Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Chapter 2 The Constitution Lecture Tips and Suggestions for In-Class Activities. This chapter should demonstrate the development of independent statehood. Therefore it should emphasize the major organizational developments: the Stamp Act Congress, the Committees of Correspondence, the First and Second Continental Congresses, the Declaration of Independence, and the Constitution. Note the full title of the Articles of Confederation and Perpetual Union. The South will often refer back to this original idea when debating the role of the federal government. The articles now discarded, the new Constitution enacted, anti-Federalists feel scorned by their loss of autonomy and the Federal Government’s perceived abuse of powers. In response, Jefferson and Madison will pen the Virginia and Kentucky Resolves. Their threats of interposition and nullification will later be used by Southerners clinging to the institution of slavery in the 1850s, and one hundred years later when Southerners again cling to the institutions of Jim Crow. Chapter 2 The Constitution

Chapter Outline and Learning Objectives LO 2.1: Settlers came to the New World for a variety of reasons, but most of these early inhabitants remained loyal to Great Britain and considered themselves subjects of the king. Over the years, as new generations of Americans were born on colonial soil, those ties weakened. A series of taxes levied by the British crown ultimately led colonists to convene the Second Continental Congress and to declare their independence. LO 2.2: The Articles of Confederation (1781) created a loose league of friendship between the new national government and the states. Numerous weaknesses in the new government quickly became apparent. Among the major flaws were Congress’s inability to tax or regulate commerce, the absence of an executive to administer the government, the lack of a strong central government, and no judiciary. Roots of the New American Nation LO 2.1: Trace the historical developments that led to the colonists’ break with Great Britain and the emergence of the new American nation. The First Attempt at Government: The Articles of Confederation LO 2.2: Identify the key components of the Articles of Confederation and the reasons why it failed.

Chapter Outline and Learning Objectives LO 2.3: When the weaknesses under the Articles of Confederation became apparent, the states called for a meeting to reform them. The Constitutional Convention (1787) threw out the Articles of Confederation and fashioned a new, more workable form of government. The U.S. Constitution was the result of a series of compromises, including those over representation, issues involving large and small states, slavery, and how to determine population. Compromises were also made about how members of each branch of government were to be selected. The Electoral College was created to give states a key role in the selection of the president. LO 2.4: The proposed U.S. Constitution created a federal system that drew heavily on Montesquieu’s ideas about separation of powers. These ideas concerned a way of parceling out power among the three branches of government. A system of checks and balances also prevented any one branch from having too much power. The Miracle at Philadelphia: Writing the U.S. Constitution LO 2.3: Outline the issues and compromises that were central to the writings of the U.S. Constitution. The U.S. Constitution LO 2.4: Analyze the underlying principles of the U.S. Constitution

Chapter Outline and Learning Objectives Life, Liberty and the Pursuit of Happiness is a borrowed phrase from John Locke’s two Treaties on Civil Government. Locke however had coined the phrase Life, Liberty and Property, to be natural rights. Ask your students why they think Jefferson made the change. One theory is that those without property might then demand their own—some already were! You could further ask whether or not they agree that life, liberty and the pursuit of happiness (or property) are indeed natural rights. Would they subtract any of the above? Could they think of other natural rights to add. Possible additions could be dignity, equal access to health care, a place to live, a clean environment, etc. LO 2.5: The drive for ratification became a fierce fight between Federalists and Anti-Federalists. Federalists lobbied for the strong national government created by the Constitution; Anti-Federalists favored greater state power. LO 2.6: The Framers did not want the government to be too swayed by the whims of the people. Therefore, they designed a deliberate two-stage, formal amendment process that required approval on the federal and state levels; this process has rarely been used. However, informal amendments, prompted by judicial interpretation and by cultural and social change, have had a tremendous impact on the Constitution. The Drive for Ratification of the U.S. Constitution LO 2.5: Explain the conflicts that characterized the drive for ratification of the U.S. Constitution. Toward Reform: Methods of Amending the U.S. Constitution LO 2.6: Distinguish between the methods for proposing and ratifying amendments to the U.S. Constitution.

Tensions begin to build in the 1760s Roots of the New American Nation LO 2.1: Trace the historical developments that led to the colonists’ break with Great Britain and the emergence of the new American nation. Tensions begin to build in the 1760s British use mercantilism to justify control French and Indian War increases British debt and colonists’ dependence Series of acts are passed taxing items such as sugar, tea, and paper products To Learning Objectives

Roots of the New American Nation LO 2.1 Roots of the New American Nation Stamp Act Congress (1765) is formed to address grievances Committees of Correspondence (1772) form to keep colonists abreast of developments Despite grievances taxation continues To Learning Objectives

The First Continental Congress LO 2.1 Photo Caption: Who was Samuel Adams? Today, Samuel Adams (1722–1803), cousin of President John Adams, is well known for the beer that bears his name. His original claim to fame was as an early leader against the British and loyalist oppressors, although he did bankrupt his family’s brewery business. The First Continental Congress Held in Philadelphia from Sept 5th to Oct 26th, 1774 Objectives Formally oppose the Coercive Acts Boycott British goods Draft a Declaration of Rights and Resolves Planned next meeting for May 1775 To Learning Objectives

The Second Continental Congress LO 2.1 The Second Continental Congress Prior to meeting, fighting breaks out April 19th, 1775 at Lexington and Concord Adopt Olive Branch Petition; rejected by the King Thomas Paine writes Common Sense in January 1776 Declaration of Independence is written in July 1776 and draws heavily from English philosopher John Locke To Learning Objectives

What was the main grievance of the Stamp Act Congress? LO 2.1 What was the main grievance of the Stamp Act Congress? The Stamp Act barred the colonists from using their own stamps. The Stamp Act had little effect in raising the required revenues to pay for the French and Indian War. The taxes imposed by the British had a religious context and therefore conflicted with the separation of church and state. The British Parliament had no authority to tax the colonists without colonial representation in that body. The Stamp Act included the taxing of books and playing cards. To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

What was the main grievance of the Stamp Act Congress? LO 2.1 What was the main grievance of the Stamp Act Congress? The Stamp Act barred the colonists from using their own stamps. The Stamp Act had little effect in raising the required revenues to pay for the French and Indian War. The taxes imposed by the British had a religious context and therefore conflicted with the separation of church and state. The British Parliament had no authority to tax the colonists without colonial representation in that body. The Stamp Act included the taxing of books and playing cards. To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

First formal independent government The First Attempt at Government: The Articles of Confederation LO 2.2: Identify the key components of the Articles of Confederation and the reasons why it failed. Note the full title of the Articles of Confederation and Perpetual Union. The South will often refer back to this original idea when debating the role of the federal government. First formal independent government Establishes a confederation in which states are the dominant source of power Federal government is deliberately weak No standing federal executive, judiciary, or power to tax Shays’s Rebellion illustrates Articles’ weaknesses To Learning Objectives

What type of government did the Articles of Confederation create? LO 2.2 What type of government did the Articles of Confederation create? Federal government Confederacy Republic Democracy Unitary government To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

What type of government did the Articles of Confederation create? LO 2.2 What type of government did the Articles of Confederation create? Federal government Confederacy Republic Democracy Unitary government To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Constitutional Convention The Miracle at Philadelphia: Writing the U.S. Constitution LO 2.3: Outline the issues and compromises that were central to the writing of the U.S. Constitution. Constitutional Convention Held in Philadelphia in May, 1787 to revise the Articles of Confederation Fifty-five delegates (referred to as the “Founders” or “Framers”) attended Motives of the delegates unclear Diversity of opinions necessitates compromise To Learning Objectives

Favored the large states Provided for three branches of government LO 2.3 The Virginia Plan Favored the large states Provided for three branches of government Produced a bicameral system One chamber chosen by the people One chamber chosen by state legislatures Congress would choose executive and judiciary To Learning Objectives

Essentially strengthened the Articles of Confederation LO 2.3 The New Jersey Plan Essentially strengthened the Articles of Confederation Produced a unicameral system Each state, regardless of the number of representatives, was given one vote Members were elected by state legislatures Supreme Court with life terms appointed by the Executive To Learning Objectives

Constitutional Compromises LO 2.3 Constitutional Compromises The Great Compromise Bicameral system: House based on population (elected by the people); Senate based on statehood (elected by state legislatures): two for each state Revenue bills originate in House National government is supreme The Three-Fifths Compromise Each slave counted as three-fifths of a person for purposes of representation Prevents attacks on slavery but makes spread of slavery northward unlikely To Learning Objectives

LO 2.3 The disagreement over the Virginia and New Jersey Plans was solved by what? The Three-Fifths Compromise The disagreement was never solved The Great Compromise Presidential decree George Washington through clever negotiations To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

LO 2.3 The disagreement over the Virginia and New Jersey Plans was solved by what? The Three-Fifths Compromise The disagreement was never solved The Great Compromise Presidential decree George Washington through clever negotiations To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

The U.S. Constitution LO 2.4: Analyze the underlying principles of the U.S. Constitution Federalism Separation of Powers Checks and Balances Seven Articles Twenty Seven Amendments – the first ten of which are the Bill of Rights To Learning Objectives

The Articles of the Constitution LO 2.4 The Articles of the Constitution Article I: The Legislative Branch Bicameral Sets out terms, selection, apportionment Section 8 Enumerated powers 17 clauses Implied powers Final clause: necessary and proper clause To Learning Objectives

The Articles of the Constitution LO 2.4 Photo Caption: Who is the audience for the president’s State of the Union Address? When the Framers, in Article II of the Constitution, required the president to report directly to Congress “from time to time,” they never imagined that millions of people would tune in to the president’s address carried live on television, radio, and the Internet. Here, President Barack Obama hands copies of his speech to Vice President Joe Biden and Speaker of the House Nancy Pelosi in 2009. The Articles of the Constitution Article II: The Executive Branch Four year terms Qualifications for office Removal Powers Commander in Chief Treaties Appointments Addressing the nation To Learning Objectives

The Articles of the Constitution LO 2.4 The Articles of the Constitution Article III: the Judicial Branch The Supreme Court Congress and the lower courts Jurisdiction To Learning Objectives

The Articles of the Constitution LO 2.4 The Articles of the Constitution Articles IV through VII Article IV: relations among the states and the full faith and credit clause Article V: amending the constitution Article VI: supremacy clause Article VII: ratification To Learning Objectives

The ______________ can be found in Article IV of the Constitution. LO 2.4 The ______________ can be found in Article IV of the Constitution. commerce clause necessary and proper clause supremacy Clause full faith and credit clause elastic clause To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

The ______________ can be found in Article IV of the Constitution. LO 2.4 The ______________ can be found in Article IV of the Constitution. commerce clause necessary and proper clause supremacy Clause full faith and credit clause elastic clause To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman 27

States held ratifying conventions Federalists and Anti-Federalists The Drive for Ratification of the U.S. Constitution LO 2.5: Explain the conflicts that characterized the drive for ratification of the U.S. Constitution. States held ratifying conventions Initially great resistance from the states Federalists and Anti-Federalists The Federalist Papers Nine states need to ratify New Hampshire becomes the ninth in 1788 States ultimately ratified on condition of the inclusion of a Bill of Rights To Learning Objectives

Explanations of the Framers’ intentions LO 2.5 Photo Caption: Why were The Federalist Papers written? The Federalist Papers highlighted the reasons for the structure of the new government and its benefits. As seen on the cover page, the papers had the approval of those at the Constitutional Convention. The Federalist Papers Most written by Alexander Hamilton and James Madison between October 1787 and May 1788 Explanations of the Framers’ intentions Nos. 10, 51, and 78 of particular importance To Learning Objectives

First ten amendments to the U.S. Constitution LO 2.5 The Bill of Rights First ten amendments to the U.S. Constitution Largely guarantee specific rights and liberties including freedom of expression, speech, press, religion, and assembly Ratified in 1791 To Learning Objectives

What did the Federalists favor? LO 2.5 What did the Federalists favor? A strong national government A weak national government Strong state governments Limited taxing power State militias To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman 31

What did the Federalists favor? LO 2.5 What did the Federalists favor? A strong national government A weak national government Strong state governments Limited taxing power State militias To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman 32

Two methods for amending: formal and informal Toward Reform: Methods of Amending the U.S. Constitution LO 2.6: Distinguish between the methods for proposing and ratifying amendments to the U.S. Constitution. Framers made formal amendment process slow to prevent impulsive amendments Two methods for amending: formal and informal To Learning Objectives

Formal Methods of Amending the Constitution LO 2.6 Formal Methods of Amending the Constitution Two-step process Proposal By Congress or state legislatures (state legislatures have never proposed) Ratification By state legislatures or conventions (convention used only for Twenty-First Amendment To Learning Objectives

Informal Methods of Amending the Constitution LO 2.6 Informal Methods of Amending the Constitution Judicial Interpretation Marbury v. Madison (1803) and judicial review Social and Cultural Change Racism, sexism Economic crises To Learning Objectives

Why is the amendment of the Twenty-First Amendment considered unique? LO 2.6 Why is the amendment of the Twenty-First Amendment considered unique? It was amended informally through judicial review. It reversed a prior amendment. It was never actually amended. It was the only amendment to be ratified by state conventions. Both B and D. To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Why is the amendment of the Twenty-First Amendment considered unique? LO 2.6 Why is the amendment of the Twenty-First Amendment considered unique? It was amended informally through judicial review. It reversed a prior amendment. It was never actually amended. It was the only amendment to be ratified by state conventions. Both B and D. To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman 37

Figure 2.1: How did the British presence in what is now the United States look in 1763? To Learning Objectives

Figure 2.2: What are the separation of powers and checks and balances under the U.S. Constitution? Back To Learning Objectives

Figure 2.3: How can the U.S. Constitution be amended? Back To Learning Objectives

Table 2. 1: How do the Articles of Confederation and the U. S Table 2.1: How do the Articles of Confederation and the U.S. Constitution compare to one another? To Learning Objectives

Table 2.2: What were the differences between the Federalists and the Anti-Federalists? Back To Learning Objectives