Chapter 2: The constitution and it’s orgins

Where do our Rights come From? John Locke’s view of Natural Rights Rights protected in Magna Carta can be taken away Natural Rights are God given Life, Liberty, and Property Social Contract Agreement between Government and the People

Build up to Revolution The Seven Year’s War (French and Indian War) Colonists help the British to defeat France Blocked from purchasing land out west Taxes were levied to pay for War Stamp Act and Townsend Act Lead to bloodshed Coercive Acts

Declaration of Independence 1st and 2nd Continental Congress Declaration of Independence Drafted by Thomas Jefferson War had already begun Articles of Confederation All states eventually approved by end of the War Republic and Confederation

Problems with the Articles and Why No taxing Authority Could not regulate Trade or Commerce Could not Raise an Army Each State only had one vote Unanimous consent required Shay’s Rebellion

Problems with the Articles and Why

Formation of the Constitution Constitutional Convention George Washington presided Challenge of Representation Virginia Plan Bicameral Legislature New Jersey Plan Unicameral Legislature

Formation of the Constitution

Other Challenges Federal Sovereignty vs. State Sovereignty Order vs. Liberty Slavery

The Great Compromise Bicameral Congress Majority Vote 3/5’s Compromise Senate House of Representatives Majority Vote 3/5’s Compromise

Three-fifths compromise

Three Branch Government Bicameral Congress House – chosen by the people Senate – chosen by the State Chief Executive Chosen by Electoral College Judiciary

Checks and Balances

Federal Vs. State Authority Federal System Enumerated Powers Expressively given to the National Government by Constitution Reserved Powers Earmarked for the states Supremacy Clause

Ratification Debate Two ideologies emerge Federalist Papers Federalist and Anti-Federalist Federalist Papers 10 – Factions 51 – Checks and Balances 68 & 70 – Chief Executive The Federalist won the day but States were not happy Some joined knowing they couldn’t survive on their own

When States Ratified

Amending the Constitution Must be difficult but not impossible Article 5 – Two Step Process Step 1: Proposal Called by Congress with 2/3’s vote or Petition of States for National Convention Step 2: Ratification Majority vote in 3/4 of State Legislatures or 3/4 of State ratify Conventions

Amending the Constitution Many voted for ratification with the expectations that changes were needed Changes meant to appease anti-Federalist concerns Much was borrowed from English Bill of Rights, but not all

U.S. Bill of Rights Amendment 1: Amendment 2: Amendment 3: Speech, Religion, Press, Assembly, and Petition Amendment 2: Right to Bear Arms Amendment 3: Housing and feeding Soldiers during peacetime

U.S. Bill of Rights Amendment 4: Amendment 5: Amendment 6 & 7: Unwarranted Search and Seizures Amendment 5: Due Process, Self-Incrimination, Double Jeopardy, Eminent domain Amendment 6 & 7: Trial by jury of peers (criminal and civil)

U.S. Bill of Rights Amendment 8: Amendment 9: Amendment 10: Protection from Cruel and Unusual Punishment and excessive fines Amendment 9: Not all rights are stated Amendment 10: Policing Powers reserved to the State

Other Noteworthy amendments Civil War Amendments: 13, 14, & 15 Due Process Expansion Amendments: 14 Suffrage Amendments: 15, 19, & 26 Other Suffrage related Amendments: 17, 23, & 24 Prohibition Amendments: 18 & 21 Executive Branch Amendments: 12, 20, 22, & 25 The 11th Bill of Right: 27