Presentation Transcript

1. Ch. 2: Constitutional Underpinnings

2. Questions we will answer in the next few days What shaped the political beliefs (who should govern , to what ends) of the founding fathers (as well as the colonists)?
3. What shaped the Political Beliefs of the founding fathers? Let there be… the Enlightenment! - 18th century -Reason could be used to combat ignorance, superstition, and tyranny and to build a better world -goal of political authority: protect “natural rights” - founding fathers were deeply influenced by the enlightenment thinkers, especially from England, to e lesser extent France.
4. What shaped the political beliefs of the founding fathers?
5. Why Declare Independence? http://www.youtube.com/watch?v=oLSOzcEQjiE This is whyWhy we fightWhy we lie awakeAnd this is whyThis is why we fightWhen we dieWe will dieWith our arms unboundAnd this is whyThis is whyWhy we fightCome hell
6. Declaration of Independence Why is it being written? The British Constitution was no longer seen as the basis of legitimate authority, the British were continually violating the political liberties of the colonists (misconception alert! The colonists didn’t fight because of economic complaints, that was a symptom, not the illness) Who is writing it? Thomas Jefferson Goal of independence?: to secure “natural rights” ordained by “higher law”. Why a written document? How specifically did the Framers justify the DOI? Let’s examine the DOI 
7. Extremely Brief Background to the DOI Colonists, as British Citizens, wanted protections of the Magna Carta, and the Bill of Rights of 1689. Additionally, the Declaration relied on precedent: (salutary neglect) most British colonies had enjoyed self-rule and had been governed through their own legislative bodies since their founding. By 1774, most of the colonists that had once protested "no taxation without representation" found themselves without any representation whatsoever…They decided to fight for there rights (no, not to party …think Decemberists, not Beasties)
8. Declaration of Independence What was the purpose of the Declaration? 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.
9. DOI What was the purpose of the Declaration? a decent respect to the opinions of mankind requires that they should (need help of foreign nations) declare the causes which impel them to the separation (justify the revolution)
10. DOI What are the political beliefs (who should govern?/ to what ends?) of the founders? (sound familiar??) 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
11. DOI
12. DOI Why we fight? He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people. He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries. He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.He has affected to render the Military independent of and superior to the Civil power. For Quartering large bodies of armed troops among us:For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:For cutting off our Trade with all parts of the world…
13. DOI For imposing Taxes on us without our Consent: For depriving us in many cases, of the benefits of Trial by Jury: For transporting us beyond Seas to be tried for pretended offences For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments: For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever. He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people. He has excited domestic insurrections amongst us, and has endeavored to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.
14. DOI Why we fight? Our political liberties are being violated Examples: representative government taken away (1,8,11,12) No Independent judiciary, fair trial (2, 6,9, 10) Martial law imposed ( 3,4,5) Protection of natural rights: life, liberty, property (7,13,14)
15. DOI Why we fight? Navigation Acts 1696: basically all trade decisions were made by Brits, not enforced until after F/I War The Proclamation of 1763, Parliament stripped colonists of the right to settle in the land between the Appalachian Mountains and the Mississippi River. Sugar Act (1764), the Stamp Tax (1765), the Townshend Acts (1767) and the Tea Act (1773) to repay war debts Intolerable Acts: port of Boston closed to all trade, military governor was also appointed and the people of Massachusetts no longer had the right to elect their representatives, select jurors, or hold town meetings. British soldiers accused of crimes would be tried in England, not in the colony, and a new Quartering Act forced colonists in Massachusetts to feed and house British soldiers. Lexington and Concord, removal of troops from frontier borders, confiscated ships and sailors
16. DOI What does all this “declaration” business mean? That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.
17. DOI What does all this “declaration” business mean? We are free We have the inherent rights of any nation We will fight and die to protect our liberty
18. The Real Revolution The real revolution, according to Adams was the, “ radical change in the principals, opinions, sentiments, and affections of the people.” New vision of government: Power is derived from the people Purpose of government is to protect your natural rights Now a new central government had to be created to run this new nation, the question became how much power should the new government have.
19. How much government? Questions to ponder, we will discuss after the quiz Should the US government take action to block clips and /or links of the film Innocence of Muslims from appearing on You tube, twitter…? Should New York City be able to ban the sale of sugary drinks over 16oz?
20. Articles of Confederation 1776-1787: The Articles of Confederation was our first official system of government It set up a Confederal system of government: sovereign states delegate power to a central government for specific purposes (defense, trade, manage conflicts) Other systems of government: Unitary: all power is invested in the central government Federal: power is shared between a central, state, and local governments
21. We’ve got to create a new government Questions the Continental Congress had to address: What type of government? How much power should the central government have? How much power should the states have? Fears: will one state have too much power? How can we make sure a central government doesn’t become tyrannical? Conservatives: strong central government, without it there will be anarchy Radicals: weak central government, don’t want to replace tyranny with tyranny, states are more likely to protect liberties because they are more directly linked to the people
22. Powers given to Congress Powers given to states sole power to negotiate treaties, declare war, and make peace. It also reserved the right to maintain an army and navy and regulated interaction with Native Americans in the West. The delegates also granted Congress the power to resolve interstate disputes, grant loans, print money, and operate a national postal system All powers not granted to Congress were reserved for state governments. They basically had 90% of the power any amendments made to the Articles required unanimous agreement from the states. Articles of Confederation
23. Articles of Confederation What problems do you see in this document? Why do you think we add that bit about Canada? BIG PROBLEMS: INFLEXIBLE AND INEFFECTUAL
24. The good, the bad, and the ugly Good: Northwest ordinance passed under this government (formula for new territories to join the nation) , war is won Bad: the structure of the government makes it very difficult for the states to effectively work well together 1 branch Each state gets 1 vote 9 votes to pass a law 13 votes to amend articles No ability to tax No national currency Can’t regulate trade between states The Ugly: Shays’ rebellion, problems with foreign trade, issues with pirates, inability to regulate interstate trade (many other things) illustrated the ineffectual nature of the central government
25. Why did we create a Gov’t that was so weak?1? Ex-Boyfriend analogy: he was a jerk, I’m going to find a new boyfriend who is TOTALLY different from him Maybe I went a little too far in the opposite direction…so now what?
26. Constitutional Convention The Annapolis Convention held toaddress the problems with the Articles of Confederationin Maryland in 1786. could not agree on how these issues should be resolved, hardly anyone showed up Decided a new convention would be held the following summer in Philadelphia Shays’ rebellion take place after AC b/f PC, it galvanizes delegates
27. Central questions of the Constitutional Convention
28. Constitutional Convention These men have an ENORMOUS task ahead of them… history consists only of beacon lights “which give warning of the course to be shunned, without pointing out that which ought to be pursued” – James Madison
29. Pennsylvania: too much democracy, tyranny of the majority Massachusetts: tyranny of the minority All power in unicameral legislature, re-election each year, cant serve more than 4 years Became a democratic tyranny: took away the right of Quakers to freely worship… Separation of powers , checks and balances, but take economic measures counter to the needs of the majority…hence Shay’s rebellion State System of governments illustrate what we want to avoid
30. Constitutional Convention May 25th – September 17th 1787 Delegates from twelve of the thirteen states (minus Rhode Island) met at the Constitutional Convention in Philadelphia. Most of the attendees were not die-hard revolutionaries (Thomas Jefferson, John Adams, Samuel Adams, and Patrick Henry were all absent). Most did have experience writing their own state constitutions George Washington was unanimously chosen as the chairman of the convention.
31. The Framers: The stats and other info 55 delegate About 30 were regularly at the preceding's at any given time 8 signed the DOI 7 had been governors 34 were lawyers 39 had served in the Confederal Congress 17 fought in the revolutionary war James Madison kept detailed notes on the proceedings (Pops of the Constitution)
32. Support strong central govt Weary of strong central govt Alexander Hamilton (monarchist) Gouvenor Morris (protect property) James Madison (based on popular sovereignty that protects against majoritarian politics) Ben Franklin (more direct representation, several executives) George Mason ( more direct democracy in Central govt) Factions among the Delegates
33. Constitutional Convention Three Branches of Government The delegates began drafting a new Constitution to create a republic (why don’t they use the word democracy?) They decided on a government consisting of three branches: legislative (make laws), executive (enforce laws), and judicial (interpret the law) . Delegates believed this separation of powers into three different branches would ensure that the United States would not become tyrannical…now how to organize these branches…
34. VA NJ Features of Executive Features of Legislative Features of Judicial Significant powers? Which groups would support the Plan? (Big / Small – strong / weak) Nation of states or people? Features of Executive Features of Legislative Features of Judicial Significant powers? Which groups would support the Plan? (Big / Small – strong / weak) Nation of states or people? Competing plans for the 3 branches
35. Virginia Plan Leg: 2 houses, rep based on pop, lower house elected by peeps, upper house elected by lower house from nominees presented by state legs, can override vetoed laws, can tax states, use national force to protect states, can void state laws Exec: 1 person, will enforce the laws, picked by legislative branch can veto laws with help of judicial branch Judicial branch: a supreme court and lower courts, serve for life, picked by legislative branch can hear cases dealing with piracy, disputes between states, disputes with foreign citizens, tax collection, impeachment Who would support it? States or people?
36. New Jersey Plan Legislative: same structure as Confederal Congress but more power including taxation , Regulation of trade, and national laws have supremacy Executive: several people, picked by legislative branch, 1 term limit, can be impeached by states or Congress, enforce all laws, appoint federal officials , direct military operations (but can’t actually command troops in battle) , no veto power Judicial: 1 Supreme Court, appointed for life by the executives, deal with cases involving: ambassadors, POWs, piracy, foreign citizen involved, will consult on treaties, violation of federal law Supporters? States or people?
37. Which plan?!? On June 19, the Convention made its choice on whether to proceed with the Virginia Plan or the New Jersey Plan. The Virginia Plan won with votes from Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, and Georgia. New York, New Jersey, and Delaware voted for the New Jersey Plan. The Maryland delegation was divided. (New Hampshire wasn’t there yet) The convention falling apart…
38. Great / Connecticut Compromise & Executive Compromise Features of Legislative: How many branches? What is representation based on? How are representatives chosen? Features of Executive: How many executives? How long is the term? How are they elected? Features of Judicial: 1 or more courts? How are justice's appointed/ confirmed? How long is their term?
39. Compromise Powers / Checks: Check out Article 1 Section 7 & 8 , Article 2 Section 2 & 3, Article 3 Section 2, and Article 6 of the Constitution… NJ / VA (highlight to indicate which plan influenced each power / check) Does the structure of our government make us a nation of states or people? Be able to explain…
40. Consequences of the Great compromise / Executive Compromise Resolved dispute between small and large states, avoids framers fear of too much democracy (senate / electoral college) Continues to give less populated states a disproportionate influence in Congress (10 of the most populous states have 20 Senators to represent 53% of the population, smaller states also disproportionality rep in e.c.) Issue of States vs. People ,as well as too much democracy, are dealt with…
41. 3/5 Compromise: How to decide what constitutes the population for Rep and taxation
42. 3/5 Compromise Any effort to outlaw slavery would have certainly meant the end of the union, and a continuation of the Articles for the remaining states
43. Commerce Compromise Expressed power of Congress: to regulate trade, power to tax Question: does that include exports, as well as imports?
44. Commerce Compromise Southern Plantation Owners V. Northern Businessmen * Southerners opposed tariffs fearing they would damage the Southern economy which was heavily dependent upon trade. * Northerners wanted tariffs to protect their industries from foreign competition.
45. Commerce Compromise The Constitution allows the federal government to tax imports but not exports
46. Slave Trade Compromise Question: Does the power to regulate trade include the slave trade? Northern Abolitionists V.Southern Slave Owners * Northern abolitionists = ban the (external) slave trade, slavery would eventually prove unprofitable and die out. *Southern Slave owners = slavery vital to the economic survival of the South
47. Slave trade compromise Can’t address banning the slave trade until 1808 (20 years)
48. Structure of the Constitution Divided into 3 parts 1. Preamble 2. Articles I- legislative branch II-executive branch III-judicial branch IV-relationship between states, between national gov and states V- Amendment process VI- Supremacy of Constitution and national gov VII- Ratification process 3. Amendments
49. Key question: How do we prevent the government from becoming a threat to our rights? Answer: Grant the government power but wrap it in a structure of containment. These are meant to contain power: Limited Government Popular Sovereignty Separation of Powers Checks and Balances Federalism
50. 5 principals behind the Constitution Limited Government: there are specific limits placed on both the national and state governments listed in the Constitution Popular Sovereignty: the power ultimately rests in the hands of the people, if we are not satisfied with an elected official we will not re-elect that official Separation of powers: each branch has specific powers and limits Checks and balances: each branch has the ability to watch over the other branches and ensure that too much power isn’t concentrated in any one branch Federalism: each level of government is designed to provide as a check on each other level , shared sovereignty of states and national gov
51. Find the principal!!!!! Each group will search for examples of their principal in the Constitution Popular Sovereignty: look through the Constitution and the Amendments Look for amendments that has expanded who “We the People” includes… Chart what you find on Newsprint
52. Debate over Ratification Constitution signed by delegates 9/17/1787 Needed to be ratified by 9 of the 13 states Ratifying conventions held over the next year Why do you think ratifying conventions were held and the framers didn’t opt to have state legislatures vote on ratification? Delegates at ratifying conventions were popularly elected Arguments ensued: Feds vs. Anti-feds
53. Federalists (nationalists) Anti-Federalists (states’ rights) Favored the Constitution Led by James Madison, Alexander Hamilton, and John Jay Stressed weaknesses of the Articles, strong central gov needed to protect nation and solve domestic problems Checks and balances would protect against abuses Protection of property rights The Constitution is a bill of rights with limits on central gov, reserved powers for the states State Constitutions already have Bills of Rights Opposed Constitution Led by Patrick Henry, Richard Henry Lee, George Mason, Sam Adams Wanted strong state governments, feared strong central gov Felt that the executive branch was too close to strong (1 exec, veto power) Wanted president and Senate chosen by popular election Wanted a Bill of Rights to limit power of government Debate over ratification
54. Debate over ratification: Federalist 10 & 51 Written by Madison to argue in favor of ratification 51: “If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself…” how? With the 5 principals
55. Federalist 10 10: Extended Republic, how does this protect against problems of a faction?
56. Protections against majority tyranny: Framer’s vision Extended republic Separation of powers checks and balances 2/3 to override veto, 2/3 to convicted impeached officials Senate vs. House (majority of people, majority of states) Wisdom vs. passion Bill of Rights Amendment process (super majority needed) Slows down process, not too many changes, less prone to passions and whims
57. Ratification Ultimately Feds win out, ratified early June 1788, but VA and NY are still needed!!!! Both sign on by July Anti-feds had no alternative plan Can’t beat something with nothing Agreed to add Bill of Rights Failure of the Articles proved a new gov was needed
58. New Government Took office 1789 Washington : President Bill of Rights ratified in 1791 Limited the power of the National Government Not until the 14th amendment that selective incorporation occurred Some of the first 10 amendments apply to state governments as well Actually decided with Supreme Court cases
59. Bill of Rights added Categories of rights Informal amendments Marbury vs. Madison
60. Charles Beard and the Economic interests of the Framers Beard’s perspective Opposing view-point