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Ch. 2: Constitutional Underpinnings

Ch. 2: Constitutional Underpinnings. 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)?.

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Ch. 2: Constitutional Underpinnings

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  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. 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
  23. 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 illustrated the ineffectual nature of the central government
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