Independence & The Constitution

What is a Constitution? A constitution is a nation’s basic law. It creates political institutions, assigns or divides powers in government, and often provides certain guarantees to citizens. rules are not neutral

Life in the Colonies By 18 th century standards, not too bad More freedom/equality Under the control of the British Monarchy, but mostly hands off. Colonial governments have more control

Attitude of Individualism The New world is isolated from most everything. Self- sufficiency important Resentment builds for being controlled by others. -Foreign or domestic rule.

The French and Indian War War over Ohio River Valley 1754 Colonists supported Britain GB wins in 1763 GB Left is massive debt

G.B. Reigns in the Colonies G.B. felt the colonists should help pay for the F&I War. Increase taxes on the colonists Tighten control of trade. Colonists outraged

The Colonists Respond Colonists lacked direct representation in parliament. Colonial leaders formed the Continental Congress to address abuses of the English Crown.

Declaring Independence In May and June 1776, the Continental Congress debated resolutions for independence. Committee of 5 chosen to draft the Declaration. Thomas Jefferson: main author Approved July 4th 1776 at Independence Hall.

John Adams Massachusetts Benjamin Franklin Pennsylvania Thomas Jefferson Virginia Main Writer Robert Livingston New York Roger Sherman Connecticut The Committee of Five

Ideas of John Locke Second Treaties on Government Natural rights: rights inherent in human beings, not dependent on government Consent of the governed: government derives its authority by sanction of the people Limited Government: certain restrictions should be placed on government to protect natural rights of citizens

The Right to Rebel Governments job to protect our rights. If they fail to do so, it’s the duty people to form new government. Jefferson took ideas directly from Locke

The Declaration of Independence When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation

The Declaration of Independence We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That 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 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.

Winning the War 1783 America won the Revolutionary War. “Conservative” Revolution Restored rights the colonists felt they had lost Not a major change of lifestyles

The Articles of Confederation The first document to govern the United States, it was adopted in 1777 and ratified in It established a confederation

Weakness 1. No power to tax America was in debt, with no way to make money 2. No power to regulate trade between states 3. Congress had no power to force states to obey the Articles 4. Amendments could only be made with all 13 delegates. (never happened)

More Freedom in the States –Liberalized voting laws increased political participation and power among a new middle class. –An expanding economic middle class of farmers and craft workers –Ideas of equality spread and democracy took hold. –State legislators increased in power.

Shays Rebellion Armed uprising in Mass. Led by Daniel Shays Fought against debt collectors Federal &State Gov. too weak to stop it Many doubtful the AOC could hold America together

Annapolis Meeting An attempt to discuss changes to the Articles of Confederation in September 1786 Attended by only 12 delegates from 5 states Called for a meeting in May 1787 to further discuss changes—the Constitutional Convention

The Philadelphia Convention 55 men from 12 of the 13 states Mostly wealthy planters & merchants Most were college graduates with some political experience

Opinions of the Delegates Human Nature: Humans are born selfish; need a strong government to control them. Political Conflict: Check and Balances to control factions.

Opinions of the Delegates Objects of Government: Preservation of individual rights/property Nature of Government: Balance of power/separation of powers

Equality & Representation New Jersey plan = Equal Reps in congress. Virginia Plan = Rep. based on a states population. Connecticut (Great) Compromise: A bicameral congress. -House based on a states pop. - Senate: Equal reps per state

Slavery The delegates did not ban slavery How to count slaves? 3/5 Compromise

Political Equality Who gets to vote? Power given to the states to determine voting rights. If you can vote in state elections, you can vote in federal.

The Economic Issues States had tariffs on products from other states Paper money was basically worthless Congress couldn’t raise money Actions taken Congress could tax and borrow, and build Copyrights & Patents

The Individual Rights Issues Prohibits suspension of writ of habeas corpus No bills of attainder No ex post facto laws Religious qualifications for holding office prohibited Strict rules of evidence for conviction of treason Right to trial by jury in criminal cases

The Madisonian Model To prevent a tyranny of the majority, Madison proposed a government of: Limiting Majority Control (only the House is in voter control) Separating Powers Creating Checks and Balances Establishing a Federal System

The Madisonian Model Fear of direct democracy Republic: A form of government in which the people select representatives to govern them and make laws The document was approved, but had to be ratified.

Ratification Conventions held in each state to debate the new Constitution 9 of the 13 states must approve

Federalists & Anti Federalists Federalist Papers A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name “Publius” to defend the Constitution

No Bill of Rights? Anti-Federalists want a bill of rights The first 10 amendments to the U.S. Constitution, drafted in response to some of the Anti-Federalist concerns about the lack of basic liberties

Federalist 10 & 51 Factions Separation of Powers

A Living Document Constitution designed to change with time. Amendments

Formal Amendment Process Proposal -2/3 vote in both houses - National Convention called by Congress because of calls from 2/3rds of the state. Ratified -passed by ¾ of state legislatures - Conventions called in ¾ states

Formal Amendment Process President has no role Most are proposed by Congress The ERA Amendment

Informal Constitutional Changes Judicial Interpretation: Marbury v. Madison Changing Political Practices: Ex. The Electoral College Technology Increasing Demand on Policymakers

The Constitution & Democracy How democratic is the Constitution? Gradual democratization of the Constitution - 17 th Amendment Expanding the Electorate (who can vote) 15 th Amendment: 19 th Amendment: 24 th Amendment: 26 th Amendment

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