ORIGINS OF THE CONSTITUTION

should be equal

Virginia Plan: representation

should be based on

Population

Compromise: Senate: equal rep

House of Rep.: pop

A BRIEF HISTORY OF TWO IDEAS A. Representative government - laws legitimate, if approved by citizen’s

Representatives. 1. The Roman Republic - a. Upper class – senate b. Plebians - assemblies 2. The English Parliament - advisory group - 2 houses

3. Colonial Assemblies (1619-1776) a. House of Burgesses 1619 - 1st representative assembly - Located in Virginia - for making laws

b. Mayflower Compact 1620 - Pilgrims agreed laws subject to

colonist’s approval.

4. The limited nature of colonial democracy - no colony fully democratic

a. Only minority of people were allowed to vote b. Governor appointed by King B. Limited Government - powers are strictly defined and limited by

Constiution/Bill of Rights

1. Roman law - written code of laws dictated how judges could rule

2. English Common Law - legal principals should be applied

equally and fairly to all citizens

3. English Documents Guaranteeing Civil Rights a. Magna Carta 1215 1. right to trial by jury of peers 2. parliament approval of taxes b. English Bill of Rights 1689 1. right to a speedy jury trial 2. protection against excessive bail and fines 3. consent of Parliament to collect taxes 4. consent of Parliament to suspend laws 5. consent of Parliament to maintain an army

4. Locke’s Theory of Natural Rights life, liberty and property (pursuit of happiness) 5. Enlightenment Writers a. Rosseau - Social Contract b. Montesquieu - Separation of Powers

2. The American Revolution

A. Causes of British – American Conflict

1. Change in British Policy

2. Mercantilism and salutary neglect

Mercantilism: closed trading system involving immense Profit for another country, while using colonies as a

market for goods

Salutary neglect: British policy (before 1763) of overlooking colonial violation of Britain’s trade laws and allowing the colonies to govern themselves

Proclamation of 1763 - no colonists could live beyond

Appalachian Mountains Taxed without their consent.

2. Resistance to British Taxes a. Boston Tea Party b. Smuggling 3. British Retaliation a. Boston Massacre - 1770 c. Intolerable Acts - 1773 - closed the Boston Harbor

4. Thomas Paine’s Arguments for Independence a. Common Sense - pamphlet 5. Decision for Independence a. 1774 - 1st Continental Congress - Olive Branch Petition b. 1776 - 2nd Continental Congress - announce decision for declaration of independence. c. Declaration of Independence: 1776 1. Philosophy of government 2. Grievances 3. actual declaration of independence

d. War for Independence - 1783 peace treaty Britain agrees to: a. Accept independence b. Western boundary Miss. River c. Remove forts and men from the U.S.

Advantages in the War: British: 1. very strong army and navy 2. better weapons 3. better equipped 4. better trained 5. more money Colonists: 1. homefield advantage 2. easily resupplied (food, guns, etc.) 3. type of warfare we fought 4. George Washington

3. Creating the Constitution

A. Articles of Confederation: (1781-1788) - 1st - written constitution of the U.S. 1. Weaknesses: a. One house congress - required 9/13 vote to pass a bill b. No chief executive c. No central courts d. Any change of amendment required 13/13 vote e. Congress had no power to levy taxes f. States could issue money g. Congress could not raise an army h. Congress could not control interstate trade

2. Achievements: a. Brought the American Revolution to a conclusion b. Negotiated the Treaty of Paris 1783 c. Land Ordinance of 1785 d. Northwest Ordinance 1787

CONSTITUTION: 1. FEDERALISM - POWER DIVIDED BETWEEN STATES AND FEDERAL GOV'T. 2. CONSTITUTION AND CONGRESS TAKE SUPREMACY 3. PRESIDENT HEADS EXEC. DEPT. 4. FEDERAL AND STATE COURTS EXIST 5. CONGRESS RESPONSIBLE TO THE PEOPLE 6. LAWS REQUIRE A MAJORITY VOTE 7. CONGRESS HAS POWER TO LEVY AND COLLECT TAXES 8. CONGRESS HAS SOLE POWER OVER INTERSTATE TRADE 9. NATIONAL GOV'T HAS SOLE POWER TO COIN MONEY

10. AMENDMENT PROCESS INVOLVES BOTH FEDERAL AND STATE GOVERNMENTS

BUNDLE OF COMPROMISES

•REPRESENTATION:

New Jersey Plan: representation

should be equal

Virginia Plan: representation

should be based on

Population

Compromise: Senate: equal rep

House of Rep.: pop

Presidency: method of election and

term

Compromise: electoral college &

4 year term

Slavery:

North: count slaves for taxes but not

representation

South: count slaves for

representation

but not for taxes

Compromise: 3/5ths Compromise

Each five slaves counts as three for

taxes and representation.

Trade:

South: don’t tax foreign commerce

North: tax foreign commerce

Compromise: tax on imports and

not exports

3. How the Constitution Differed from the Articles of Confederation

a. Separate Executive Branch b. Separate Judicial Branch c. Two House Legislature d. Greater power for Congress e. Federal in form - a political system in which a central government shares power with the

states.

4. Debate on Ratification:

a. Federalists – supported the Constution -business and property owners -advocated: 1. loose construction of the Constitution 2. strong central government 3. central control of economic affairs 4. pro-national bank

5. pro protective tariff foreign affairs – pro-British Leaders - Hamilton and John Adams

Anti-Federalists -”common people” - small farmers, city labor, frontier people Advocated: 1. strict construction of the Constitution 2. stronger state governments 3. less central control of economic affairs 4. against a national bank 5. against high tariffs

Foreign affairs - pro-French Leaders: Jefferson and James Madison

Federalist victory: June 1788 - Constitution is ratifed with the promise that the delegates would return and add a Bill of Rights (purpose was to protect the people against an abusive government) 5. The First Congress and the First President:

a. Each state elected senators and representatives

b. Group of electors chosen by 13 states -

unanimous choice of Washington

6. Bill of Rights added in 1791