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US Constitutional Law: Introduction Usama Khawar

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Presentation on theme: "US Constitutional Law: Introduction Usama Khawar"— Presentation transcript:

1 US Constitutional Law: Introduction Usama Khawar Usama.Khawar@Columbia.edu

2 Historical background: European Colonization of the United States: https://www.youtube.com/watch?v=Z3mu47IfTXg https://www.youtube.com/watch?v=Z3mu47IfTXg

3 Background: Religion Society and religion in the New England colonies | AP US History | Khan Academy https://www.youtube.com/watch?v=Y4z2fS8FwfE

4 Historical background: The History of Colonial America https://www.youtube.com/watch?v=Do4Ryapg3eU

5 The American Revolution The American Revolution - OverSimplified (Part 1), first 8 min https://www.youtube.com/watch?v=gzALIXcY4pghttps://www.youtube.com/watch?v=gzALIXcY4pg Tea, Taxes, and The American Revolution: Crash Course World History #28: https://www.youtube.com/watch?v=HlUiSBXQHCwhttps://www.youtube.com/watch?v=HlUiSBXQHCw American Revolution in 9 Minutes: https://www.youtube.com/watch?v=u2xwoFhkVTo https://www.youtube.com/watch?v=u2xwoFhkVTo

6 The Declaration of Independence https://www.youtube.com/watch?v=JOnaETcj3KA

7 The United States Constitution and Bill of Rights https://www.youtube.com/watch?v=oMoymqXB4Cs

8 The Declaration of Independence, July 4, 1776

9 Background to Declaration of Independence Mercantilism: economic policy from 1500-1800 in which nations encouraged exports as a means of collecting gold and silver Government controls all trade Colonies ensured a safe and steady stream of raw materials for England, including fur, fish, cotton, tobacco, and indigo Colonies were expected to import manufactured and processed goods like iron products and tea Navigation Act: England regulated what its colonies could and could not trade

10 Background to the Declaration of Independence After England won the French and Indian War, King George III demanded control over the colonies King George and Parliament felt the colonists should bear some of the costs and administration of the areas acquired from France. Parliament passed several new acts designed to shift to the Americans some of the cost of defense

11 Background to the Declaration of Independence Stamp Act: required that all printed materials be stamped to indicate that tax had been paid England began to change trade policies as well by used a new monopoly on tea Colonists were angered over the taxes “No taxation without representation” Stamp Act was repealed in 1766 Boston Massacre 1770 rioting over taxes and the British soldiers killed a man outside of the courthouse in Boston. Crispus Attucks first to die

12 Why Did the Declaration of Independence Happen? Boston Tea Party: a group of angry colonists boarded 3 ships in Boston and threw the tea overboard Intolerable Acts series of laws designed to punish the people of Massachusetts. It limited the power of the colonial legislature, required quartering of British soldiers and closed the port of Boston First Continental Congress formed

13 Background January 1776 – Common Sense is distributed throughout colonies

14 Thomas Paine The author of “Common Sense” Said of the American Revolution: “Contributed more to enlighten the world and defuse a spirit of freedom and liberty among mankind than any human event that ever preceded it.”

15 “Common Sense” Thomas Paine, a middle aged English immigrant to the colonies Friend of Ben Franklin In January 1776 Wrote a pamphlet that argued it was “Common Sense” that the binds that tie the colonies to England be broken (between 100,000 and 500,000 copies were sold in a few years, historians disagree on the numbers) Paine was a wonderful Propagandist

16 Common Sense Paine argued It was contrary to common sense for a large continent to be ruled by a small distant island and for people to pledge allegiance to a king whose government was corrupt and whose laws were unreasonable. Persuaded thousands of colonists to call for independence

17 “Common Sense” “O! ye that love mankind! Ye that dare oppose not only the tyranny but the tyrant, stand forth! Every spot of the Old World is overrun with oppression. Freedom hath been hunted around the globe. Asia and Africa have long expelled her. Europe regards her as a stranger and England hath given her warning to depart. O! receive the fugitive and prepare in time an asylum for mankind.”

18 More Background July 4, 1776 – Declaration of Independence is adopted by Congress, John Hancock was the first person to sign it August 2, 1776 – Declaration of Independence is signed by 50 present members of Congress, Franklin remarks “We must all hang together or we shall hang separately.”

19 Main Author – Thomas Jefferson Although there were 5 men appointed to write the Declaration of Independence, Jefferson was the main author Congress only accepted the Declaration of Independence after they cut a large portion that attacked slavery

20 Enlightenment Jefferson used the Enlightenment ideas of JOHN LOCKE People are born with certain natural rights: life, liberty and property People form governments to protect these rights If governments interfere with these rights, the people have the right to OVERTHROW them

21 Independence Declared July 4, 1776 “We hold these truths to be self-evident: 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.”

22 Purpose To show why the colonies were revolting against Britain and Declaring their Independence

23 4 Parts of the Declaration of Independence Preamble Declaration of Natural Rights List of Grievances Resolution of Independence

24 How is the Declaration of Independence organized? The Document The Document is divided into four parts: Preamble: announces that the document will explain why the Colonies want to separate from England Political Principles: a section identifies the ideas underlying the rights of the people, John Locke’s ideas Complaints: the document lists the unfair acts perpetrated by the British Government The Declaration: the statement that these 13 colonies are now independent

25 PREAMBLE First part of the Declaration of Independence Introduction It explains why the Continental Congress wrote the Declaration of Independence

26 Preamble “When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another…a decent respect to the opinions of mankind requires that they should declare the causes which impel them to separate.” When it is necessary for people to separate from their government, these people need to tell others the reasons why they are separating.

27 Declaration of Natural Rights Second part of the Declaration of Independence Lists the rights of the citizens Explains that in a republic, the government is there to protect the rights of the people Jefferson calls these rights UNALIENABLE rights, which means they can never be taken away

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29 Declaration of Natural Rights “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.” Only men are mentioned in the Declaration These ideas are taken from the Enlightenment thinker, John Locke who said people have natural rights like life, liberty and property.

30 Declaration of Natural Rights “That to secure these rights, Governments are instituted among Men, deriving their powers from the consent of the governed…” Only Men mentioned Government’s job is to protect the rights of the people Governments should get their power from the people they govern

31 Declaration of Natural Rights “ That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it…it is their right, it is their duty, to throw off such Government and provide new Guards for their future security.” If a government is not protecting the people’s rights the people have the right AND obligation to overthrow that government and start a new one.

32 Three Basic Principles of the Declaration of Independence Natural Rights: life, liberty, and the pursuit of happiness Popular Sovereignty: People are the source of political authority Order: Importance of stability, overthrowing a government is only the last resort

33 List of Grievances Third part of the Declaration of Independence List of the colonists’ complaints with England They specifically blame King George III There are 28 grievances, or complaints, that are listed in this section of the Declaration of Independence

34 List of Grievances Here are some of the complaints: British soldiers in colonies without permission Quartering British troops in the colonies Not punishing these troops when they harm colonists Cutting off the colonists’ trade with the rest of the world Taxing the colonists without their permission STAMP ACT TEA ACT INTOLERABLE ACTS QUARTERING ACT NAVIGATION ACTS

35 List of Grievances that were Improper Actions by the King Dismissing colonial legislatures and denying the colonists their right for self-government

36 List of Grievances that were Improper Actions by the King Making judges dependent on the King for their salaries and their tenure in office Refusing colonists the right to a fair trial in front of a jury of their peers Cutting off the trade of the colonies Abolishing the Charters, forms of government, and important laws of the colonies Refusing to address colonial grievances Renouncing the King’s authority to govern the colonies by waging war on them Encouraging domestic violence and Indian attacks on the colonies

37 Resolution of Independence Final part of the Declaration of Independence Declares that the colonies are “Free and Independent States” Includes the signatures of the signers of the Declaration of Independence

38 Resolution of Independence These states have the power to: Declare war Trade with other countries Form alliances

39 The Signers John Hancock was the first person to sign the Declaration of Independence. (He signed it very largely so King George could see it all the way from England.) There were 56 signers of the Declaration from all of the 13 colonies. Signing the Declaration was considered treason, punishable by death

40 A Landmark Marks the FIRST TIME EVER that a group of revolutionaries explained in detail why they had the right to change their government Ideas of the Declaration of Independence influenced the French Revolution and revolutions in South America.

41 Impact Today Ideals of equality led to Civil War, Women’s Rights and the Civil Rights Movement Influenced the French Revolution in their Declaration of the Rights of Man and of the Citizen in 1789 Latin American Movements of 1890s Vietnam War: Ho Chi Minh used it as a reason to invade the south During World War II it was kept at Fort Knox KY More than 1 million Americans view it in the National Archives each year

42 Remember… 1. Main idea of Declaration of Independence and Constitution – governments should be based on the consent of the governed 2. Declaration of Independence states that people have the right to overthrow an oppressive government 3. The main purpose of the Declaration is to justify the colonists’ revolt against England 4. First man to sign Declaration – John Hancock 5. John Locke contributed to the Declaration


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