Foundations of American Government

Colonies to Constitution

Which of the following influenced American Government the most?

Ancient G

reece

Ancient R

ome

Hebrews/Jews

English

Law

French

Revolution

0% 0% 0%0%0%

1. Ancient Greece2. Ancient Rome3. Hebrews/Jews4. English Law5. French Revolution

Formation of the first governments of the 13 colonies

• Highly Influenced by:– English Law

– Contracts, Juries, stare decisis

– English Tradition• 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

– English Religion (mix of Protestantism and Catholicism)

Formation of the first governments of the 13 colonies

• 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.

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

Origins of the Constitution

When was the Magna Carta written?

33106

6121

5167

8168

9177

6178

3200

9

0% 0% 0% 0%0%0%0%0%

1. 332. 10663. 12154. 16785. 16896. 17767. 17838. 2009

Protects the individual against unlawful imprisonment (detention)

Magn

a Carta

Habeas Corpus

Petition of Right

English

Bill of R

ights

0% 0%0%0%

1. Magna Carta2. Habeas Corpus3. Petition of Right4. English Bill of Rights

Establishes legislative supremacy

Magn

a Carta

Habeas Corpus

Petition of Right

English

Bill of R

ights

0% 0%0%0%

1. Magna Carta2. Habeas Corpus3. Petition of Right4. English Bill of Rights

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 & pace, borrow money, and create a postal system

Who had most of the power in the Articles of Confederation?

The President

The Congress

The States

The Army

0% 0%0%0%

1. The President2. The Congress3. The States4. The Army

Articles of Confederation has Problems

Weaknesses of the A of C1. Congress couldn't require States to obey national laws

(no Judicial branch)2. The central government has little power over foreign

trade3. The Confederation has no effective military force.4. Each state issues its own coins and paper money5. The Confederation must ask states for money to support

the federal Government6. Changes in the Articles require a unanimous vote of the

thirteen, makes it impossible to change the constitution7. At least nine states are required to decide major issues

A major weakness of the national government under the Articles of Confederation was:

Each

state got v

otes bas..

The lack of a

uthorit

y to ...

Power to vi

olate individu..

A weak execu

tive

All of t

he above

Only 1 and 2

0% 0% 0%0%0%0%

1. Each state got votes based on their pollution, which cause the small states to be outvoted each time

2. The lack of authority to regulate interstate trade

3. Power to violate individual rights

4. A weak executive5. All of the above6. Only 1 and 2

We NEED a stronger Government!!!• “Shays Rebellion” scares a lot of

people– A Small Rebellion of Massachusetts farmers– Series of attacks on courthouses by a small

band of farmers led by Revol.War Captain Daniel Shays to block foreclosure proceedings

– Economic elite concerned about Articles’ inability to limit these violations of individual’s property rights

• Can’t decide what to do with the Northwest Territory

• Have a ‘Constitutional Convention,’ to rework the Articles– Philadelphia in May 1787

• End up creating a new Constitution

Where was the Constitutional Convention held?

New York

Baltimore

Wash

ington, D.C.

Philadelphia

Richmond

Atlanta

0% 0% 0%0%0%0%

1. New York2. Baltimore3. Washington, D.C.4. Philadelphia5. Richmond6. Atlanta

The Philadelphia ConventionThe U.S. Constitution was developed in 1787 at the Philadelphia Convention. Decide if each statement about the Convention below is true (T) or false (F). Rewrite any false statements to make them true.

1. ____ Delegates from all thirteen states attended the Philadelphia Convention.

2. ____ Thomas Jefferson was the primary writer of the Constitution.

3. ____ The Three-Fifths Compromise dealt with the question of how to count slaves for taxation and representation.

4. ____ The New Jersey plan proposed that representation in a national legislature should be based on population.

5. ____ Most delegates to the Convention were wealthy male landowners.

6. ____ The discussions of the Philadelphia Convention were kept secret from the public.

7. ____ Most delegates to the Convention had little political experience.

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– Had political experience, from cities

• 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

The Philadelphia Convention• Philosophy into Action

– Human Nature• which is self-interested

– Political Conflict• which leads to factions

– Objects of Government• including the preservation

of property

– Nature of Government• which sets power against

power so that no one faction rises above and overwhelms another

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, MDJUST before was voted on, NJ introduced a new plan

• New Jersey Plan– Three branches (same three)– ONE house – equal representation– Two executives

Issues of Equality

Which plan favored a more powerful central government?

Virginia Plan

New Jerse

y Plan

0%0%

1. Virginia Plan2. New Jersey Plan

Which plan had two executives?

Virginia Plan

New Jerse

y Plan

0%0%

1. Virginia Plan2. New Jersey Plan

Constitutional Compromise• Connecticut Compromise

– Roger Sherman of Conn presents the compromise

• House of Reps is based on population• Senate has two representatives per state

(equal representation)

– “Upon what principal shall the states be computed in representation?”

• Gouverneur Morris

• Issues of North v. South– South wanted slaves to be counted in

population– Elbridge Gerry (Mass) said “Blacks are

property and are used to the southward as horses and cattle to the northward” If you want slaves to count “make them citizens and let them vote.”

Slavery and Representation

• When Elbridge Gerry said “Blacks are property and are used to the southward as horses and cattle to the northward” If you want slaves to count “make them citizens and let them vote,” What was he saying???

When Elbridge Gerry said “Blacks are property and are used to the southward as horses and cattle to the northward” If you want slaves

to count “make them citizens and let them vote,” What was he saying???

Slaves a

re equal to ca

ttle

Slaves s

hould be equal t...

The Southerners

are hy...

Slavery sh

ould be aboli...

0% 0%0%0%

1. Slaves are equal to cattle

2. Slaves should be equal to whites

3. The Southerners are hypocrites

4. Slavery should be abolished

Slavery and the Constitution• Issue of Slavery

• Declaration of Independence is beginning to change people’s attitudes towards slavery

• South Carolina and Georgia threatened to leave the Union

• James Madison (Father of the Constitution) comes up with a compromise– 3/5 Compromise• Made a mockery of the Declaration• 3/5 of slaves were counted, for

representation purposes• Ended the slave trade coming IN to the

country in 20 years (1808)

Which of the following owned slaves?

George Wash

ington

Thomas Jefferso

n

John Adam

s

Benjamin Franklin

All of t

he above

Only 1 and 2

0% 0% 0%0%0%0%

1. George Washington2. Thomas Jefferson3. John Adams4. Benjamin Franklin5. All of the above6. Only 1 and 2

The Agenda in Philadelphia• The Individual Rights Issues

– Some were written into the Constitution:• 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

– Some were not specified• Freedom of speech and expression• Rights of the accused

The Madisonian Model

• To prevent a tyranny of the majority, Madison proposed a government of:– Limiting Majority Control– Separating Powers– Creating Checks and

Balances– Establishing a Federal

System• Federalist Paper #51

The Madisonian Model

The Madisonian Model

The Madisonian Model

• The Constitutional Republic– Republic: A form of government in which the

people select representatives to govern them and make laws

– Favors the status quo – change is slow• The End of the Beginning

– The document was approved, but not unanimously. Now it had to be ratified.

What about the Executive Branch?• Chief Executive

– One?– Two?/Three?– How long should the

President serve?

• How to choose?– Congress picks the

President?– People elect him?– Electors from each state?– Electoral College?

The Executive• Single chief executive• Electoral College to keep Congress out

– Clunky system– Intended to prevent the riff-raff from deciding

election• 4-year term of office

Constitutional Convention:The Final Agreement

Electoral College• Has changed a lot since

1787• Number of electors from

each state determined by the number of Senators plus Representatives

• Whoever gets 270, wins!

www.270towin.comwww.electoral-vote.com

Amending the Constitution

Constitutional Change

• The Informal Process of Constitutional Change– Judicial Interpretation

• Marbury v. Madison (1803): judicial review

– Changing Political Practice

– Technology– Increasing Demands on

Policymakers

RatificationRatify – to approve

Federalist• Supported the Constitution• In favor of ratifying • From larger states, cities, merchants• Alexander Hamilton• James Madison• John Jay• John Adams• George Washington

Anti-Federalist• Against the constitution• Would create an overbearing & overburdening central govt

hostile to personal freedoms– Would ruin the country with taxes– Wanted a Bill of Rights

• Giving up state power to Federal Government made them uneasy

• Patrick Henry• Aaron Burr• Sam Adams• Thomas Jefferson

• The Federalist Papers– Collaborative writing of Hamilton, Jay, and Madison– Series of 85 essays defending the Constitution and republican

form of government– Considered the best political theorizing in the US

• Anti-Federalist view– Such patriots as Samuel Adams and Patrick Henry– Const. a document written by aristocrats, for aristocrats– Would create an overbearing & overburdening central govt

hostile to personal freedoms– Wanted a list of guaranteed liberties, or a bill of rights– Decried the weakened power of the states

The Difficult Road to Ratification

Federalists vs. Anti-Federalists

• Federalist Papers– Written to support the

ratification of the constitution

– Written in newspapers by anonymous authors (mostly A. Hamilton, J. Jay, J. Madison)

Federalists and Anti-FederalistsThe Federalists were people who supported ratification of the Constitution.The Anti-Federalists were people who opposed it.Below are arguments made by the Anti-Federalists against the Constitution. Under each one, explain in your own words how the Federalists countered this concern.1. The national government

would have too much power at the expense of the states.

2. There would be no protection of the individual rights of citizens against the government.

3. Congress could do anything with the Necessary and Proper Clause.

4. The president would be similar to a king.