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September 11, 2014 Objectives: To develop a better understanding of the foundations of American Government.
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Foundations of the Constitution
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In the beginning… 1750s-Great Britain was in debt and searching for new revenue. 1750s-Great Britain was in debt and searching for new revenue. The colonies paid little in taxes and had just been defended by the British during the French and Indian War The colonies paid little in taxes and had just been defended by the British during the French and Indian War The colonies, however, had lived under self rule for over 100 years and were not willing to give that up. The colonies, however, had lived under self rule for over 100 years and were not willing to give that up.
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Formation of the first governments of the 13 colonies Highly Influenced by: – –English Law – –English Tradition – –English Religion (mix of Protestantism and Catholicism) What ideas influenced the first colonial governments? – –Hebrews- (Ten Commandments) – laws based on morals – –Greeks- (direct democracy) – everyone participated directly (smaller society) – –Romans- (Classical republic) – elect people to represent you. People practice “civic virtue”. Promotion of the common good. Moral education.
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What influenced the colonists? Old English Documents – –Magna Carta (1215) first document to limit the King’s power Established Due Process – –Habeas Corpus Act (1678) government must tell you what you are being held for and show evidence against you. – –Petition of Right (1628) Government could not tax without consent Government could not quarter troops – –English Bill of Rights (1689) Parliament replaced dominant power of King (legislative supremacy) Trial by jury No cruel and unusual punishment Right to bear arms
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Mayflower Compact Written and signed by 41 Pilgrims in 1620. The first example at self-government.
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Fundamental Orders of Connecticut Written by former Massachusetts Bay Colonist Puritans in 1639. Americans first formal constitution. Allowed citizens to elect officials to make laws.
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The Virginia House of Burgesses First legislature in America. Established in 1619. The ideals and origins established here would later factor into the writing of the Constitution.
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Britain Tightens Control For more than 150 years Britain practiced salutary neglect toward the colonies. What changed? – –Seven Years War (a.k.a. The French and Indian War) 1754-1763. – –George III became king in 1760.
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There’s a War to pay for!!! 1765 Stamp Act First direct Act. Repealed in 1766, but…
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The Coercive Acts or The Intolerable Acts All Acts were directed at reminding the colonists of who was in control – Britain.
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United in Brotherhood We Will Not Comply Colonists take another look at Franklin’s Albany Plan of Union, which he offered during the French and Indian War. 1765 Stamp Act Congress 1773 Committees of Correspondence.
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First Continental Congress September 5, 1774 in Philadelphia. All colonies present except Georgia. 56 men wrote and sent a letter of grievances and resolves to King George III (The Olive Branch Petition.) Meet back the next year. Before meeting answer came on April 19, 1775. (KGIII “Nuts to this”)
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Second Continental Congress May 1775 in Philadelphia 56 men from all 13 colonies. Chose John Hancock as president of Congress. Richard Henry Lee would propose resolutions for independence. Committee was appointed to write.
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Final 5 Write down an example of representation in your lives…
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September 11, 2014 Objectives: To develop a better understanding of the foundations of the American Constitution Objectives: To develop a better understanding of the foundations of the American Constitution
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The Declaration of Independence. Committee: – –Thomas Jefferson (VA) * – –Benjamin Franklin (PA) + – –John Adams (MA) + – –Roger Sherman (CT) – –Robert Livingston (NY) * Selected to write the document. + Offered suggestions.
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Declaration of Independence Approved on July 2, 1776. Began signing on July 4, 1776. All had signed by August 4, 1776.
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Articles of Confederation First functioning Government Ratified in 1781 – –While Revolution is in progress Most real power with the States Binding was a ‘rope of sand’ Lots of quarrelling between the states Just one Congress – –Unicameral (one house) – –each State had 1 representative – –it took 9/13 States to pass a law – –it took 13/13 States to approve a treaty or amend the Articles – –No executive or judicial branch – –Could pass laws, make treaties, declare war & peace, borrow money, and create a postal system
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Articles of Confederation has Problems
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Weaknesses of the A of C 1. 1. Congress couldn't require States to obey national laws (no Judicial branch) 2. 2. The central government has little power over foreign trade 3. 3. Congress could not tax (ask states for money or borrow) = Nat’l Gov’t in debt 4. The Confederation has no effective military force. 5. Each state issues its own coins and paper money 6. The Confederation must ask states for money to support the federal Government 7. At least nine states are required to pass legislation (difficult to pass laws) 8. Changes in the Articles require a unanimous vote of the thirteen, makes it impossible to change the constitution
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Final 5 What are 2 of the grievances listed in the Dec. of Independence? Why were these grievances important to the colonists? What are 2 of the grievances listed in the Dec. of Independence? Why were these grievances important to the colonists?
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September 12, 2014 Objectives: To develop an understanding of the background to the U.S. Constitution Objectives: To develop an understanding of the background to the U.S. Constitution
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We NEED a stronger Government!!! “Shay’s Rebellion” scares a lot of people – A Small Rebellion of Massachusetts farmers that were veterans of the war, and had not received pay, and many lost their farms due to debt. Have a ‘Constitutional Convention’ meet in Philadelphia, to rework the Articles – –Philadelphia in May 1787 End up creating a new Constitution
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Constitutional Convention 55 delegates from 12 states meet ‘for the sole and express purpose of revising the Articles of Confederation’ – –“the well-bred, the well-fed, the well-read, and the well-wed” – –Average age is 42, 2/3 lawyers, 1/3 owned slaves No Rhode Island, John Adams, Thomas Jefferson, Sam Adams, John Hancock, or Patrick Henry! “Father of the Constitution” – –James Madison of Virginia – –Spoke over 200 times – –Took extensive notes
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Constitutional Conflict!!! Virginia Plan – –Strong national government – –Three branches of government (legislative, executive, judicial) – –Two houses of congress, based on population* – –Big states like it! VA, Penn, NC, Mass, NY, MD The small state delegates are upset! Convention almost collapses. Lots of ideas Decided to throw out the old Constitution what to do now?
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The Virginia Plan Introduced by Edmund Randolph. Governmental Plan -Strong National Executive -Strong National Judicial – –Strong bicameral legislature. (Represetation based – –on population Lower house chosen by the people. Upper house chosen by the lower. – –Problem: Larger populated states would control.
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The New Jersey Plan JUST before was voted on, NJ introduced a new plan New Jersey Plan: Introduced by William Paterson. Governmental Plan: – –Keep main provisions of Articles of Confederation. – –Unicameral legislature, one vote for each state. – –Weak executive branch would be chosen by Congress. – –National judiciary with limited power chosen by Congress.
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The Compromises The Great Compromise The Connecticut Plan Introduced by Roger Sherman. – –Legislature be bicameral House of Representatives based on state population. Senate with two members from each state. Established the process of compromise to solve issues!!!!
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Representation of Slaves?. – –South wanted slaves to be counted in population – – Elbridge Gerry (Mass) said” If you want slaves to count “make them citizens and let them vote.” – –3/5 of them would be counted for tax purposes and representation. (5 slaves would count as 3 people) – –Also agreed Congress would not ban slave trade until 1808. – –3/5 COMPROMISE
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How to Elect the President? Liberals proposed Popular Vote Liberals proposed Popular Vote Conservatives feared and distrusted of people electing the Pres! Conservatives feared and distrusted of people electing the Pres! Compromise: Popular vote BUT………………… Compromise: Popular vote BUT………………… The people would not directly elect the President. The people would not directly elect the President. Each state would choose electors that would elect the President ( Electoral College )
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Constitutional Convention Ends -Sept. 17, 1787 17 long weeks 42 original members sign No one was completely satisfied – –(so many compromises) – –CONVENTION DID NOT HAVE THE – –AUTHORITY TO ESTABLISH. – –MUST BE SENT TO THE STATES FOR RATIFICATION!!!!!!!!!!!!
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September 26, 2013 R ATIFICATION Special State Elections – –Federalists: support acceptance Constitution Favored strong central gov’t lawyers, merchants, NE states. Alexander Hamilton -Anti Federalists: Opposed acceptance Constitution Too much federal power Not enough guarantee personal rights: BILL OF RIGHTS Thomas Jefferson
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States Decide Constitution: four states quickly approve Massachusetts stern test Shaysists Lack of Bill of Rights 187-168 3 more states approve June 21, 1788 N.H. approves #9
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Final states ratify Virginia Patrick Henry/George Mason oppose George Washington/James Madison support 89-79 support New York: Strong opposition Alexander Hamilton/John Jay Federalist Papers 30-27 support North Carolina Rhode Island 34-32 June 1790 (after gov’t began)
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Minority Triumph Minority Triumph –Represented wealthy conservative factions –¼ of adult white males had voted for delegate Unusual methods (compromise) but created effective gov’t CONCLUSION
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Shay’s Rebellion-America’s first Civil War After war, American’s buying up luxury goods on credit. British began demanding money back, British leaned on importers, who leaned on shopkeepers, who leaned on farmers (most of whom were veterans of the Revolution) who had no money. After war, American’s buying up luxury goods on credit. British began demanding money back, British leaned on importers, who leaned on shopkeepers, who leaned on farmers (most of whom were veterans of the Revolution) who had no money. Farmers that lacked money, were put in debtors prison, sometimes for life. Farmers that lacked money, were put in debtors prison, sometimes for life. In Massachusetts, the state government raised taxes to pay off war debt (but where would money come from?) In Massachusetts, the state government raised taxes to pay off war debt (but where would money come from?) Farmers were hardest hit, so they banned together and rebelled, closing courthouses and burning records of debt. As the rebellion grew, the people looked to national government, which could do nothing because of Articles Farmers were hardest hit, so they banned together and rebelled, closing courthouses and burning records of debt. As the rebellion grew, the people looked to national government, which could do nothing because of Articles
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Impact of Shay’s rebellion Following rebellion, Washington was quoted as saying, “What a triumph for our enemies to find that we are incapable of governing ourselves.” Following rebellion, Washington was quoted as saying, “What a triumph for our enemies to find that we are incapable of governing ourselves.” And, “Good God! who besides a …Briton predicted them! were these people wiser than others, or did they judge of us from the corruption, and depravity of their own hearts? The latter I am persuaded was the case, and that notwithstanding the boasted virtue of America, we are far gone in every thing ignoble and bad.” And, “Good God! who besides a …Briton predicted them! were these people wiser than others, or did they judge of us from the corruption, and depravity of their own hearts? The latter I am persuaded was the case, and that notwithstanding the boasted virtue of America, we are far gone in every thing ignoble and bad.” Calls for a convention to revise the Articles went out, and on May 25, 1787 delegates began working on the Constitution. Calls for a convention to revise the Articles went out, and on May 25, 1787 delegates began working on the Constitution. By the way, Shay fled to Vermont, pardoned in 1788, received his promised $20 a month pension by 1820 and died in 1825. By the way, Shay fled to Vermont, pardoned in 1788, received his promised $20 a month pension by 1820 and died in 1825.
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