US Government

1. US Government

2. Roots • 7/4/1776 is the answer. What is the question? • How about 9/17 1787? • Signing of the Constitution. • The first was the theory, the second the written concept! • How did the US arrive at these ideas and concepts?

3. The Greeks and Roman Republics • Democracy and Representative government • England – Magna Carta, defined rights of people • nobles had to consent to taxation • Justice – “no free man can be seized or imprisoned except by the judgement of his equals or by law…” • England – Bill of Rights • Right to petition • Trial by jury • Hold “free” elections

4. Enlightenment • England - Hobbes and Locke • France – Montesquieu and Rousseau

5. The Colonies • Mayflower Compact – agreement on how to govern Massachusetts. • Town Hall meetings (democracy) Led to rights given to all colonists • Colonial Rule developed 3 branches of government: • Executive usually Governor appointed by the King • Legislative usually bicameral. WHY? • Upper house appointed by the Governor, and lower house elected by the colonists • Not exactly democratic. WHY?

6. Road to Rebellion • Until mid 1700s this was the way America worked: - Britain provided defense and a market for raw materials. • DID NOT INITERFERE IN DAY-TO DAY BUSINESS IN AMERICA. • Changed with the French and Indian War. • Britain won but needed cash to cover the cost. • Who should pay? • 1765 Stamp Act!!! Required all official / printed documents have a stamp that must be bought. • A TAX! WHY IS THIS IMPORTANT?

7. Road to Independence • “NO TAXATION WITHOUT REPRESENTATION!” • What does this mean? • Where does it come from? • Boston Massacre 1770 • Boston Tea Party 1773 • Intolerable Acts (quartering act) led to • First Continental Congress 1774

8. Declaration of Independence 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. Where do you think the underlined bits come from?

9. Articles of Confederation • First functioning Government • Ratified in 1781 • While Revolution is in progress • Most real power with the States • 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 One major accomplishment – process of admitting new states!

10. Who had most of the power in the Articles of Confederation? • The President • The Congress • The States • The Army

11. Weaknesses of the A of C • Congress couldn't require States to obey national laws (no Judicial branch) • The central government has little power over foreign trade • The Confederation has no effective military force. • Each state issues its own coins and paper money • The Confederation must ask states for money to support the federal Government • Changes in the Articles require a unanimous vote of the thirteen, makes it impossible to change the constitution • At least nine states are required to decide major issues Why are these issues?

12. We NEED a stronger Government!!! • Rebellion in Massachusetts because the people are owed money by the Government for fighting in the Revolution. Government cannot pay. WHY? • Their homes are foreclosed. • “Shays Rebellion” scares a lot of people • Have a ‘Constitutional Convention,’ to rework the Articles • Philadelphia in May 1787 • End up creating a new Constitution

13. Where was the Constitutional Convention held? • New York • Baltimore • Washington, D.C. • Philadelphia • Richmond • Atlanta

14. 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

15. Constitutional Conflict!!! Issues of Equality • 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 • JUST before was voted on, NJ introduced a new plan • New Jersey Plan • Three branches (same three) • ONE house – equal representation • Two executives

16. The Philadelphia Convention The U.S. Constitution was developed in 1787 at the Philadelphia Convention. Look at each statement about the Convention below. Do you think it is true (T) or false (F). Rewrite any false statements to make them true. ____ Delegates from all thirteen states attended the Philadelphia Convention. ____ Thomas Jefferson was the primary writer of the Constitution. ____ The Three-Fifths Compromise dealt with the question of how to count slaves for representation. ____ The New Jersey plan proposed that representation in a national legislature should be based on a state’s physical size. ____ Most delegates to the Convention were white wealthy male landowners. ____ The discussions of the Philadelphia Convention were kept secret from the public. ____ Most delegates to the Convention had little political experience.

17. Which plan favored a more powerful central government? • Virginia Plan • New Jersey Plan

18. Constitutional Compromises • 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?” • Issues of North v. South • South wanted slaves to be counted in population. • Foreshadow of what is to come!

19. Slavery and the Constitution • Issue of Slavery • South Carolina and Georgia threatened to leave the Union over the issue. Slaves should be counted for representation but not for wealth and tax. Northern States wanted the opposite • James Madison (Father of the Constitution) comes up with a compromise: • 3/5 of slaves were counted, for representation purposes

20. The Constitution • 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

21. What about the Executive Branch? • Chief Executive • One? • Two?/Three? • How long should the President serve? • How to choose? • Should Congress pick the President? • Should the People elect him directly? • Electors from each state?

22. Constitutional Convention:The Final Agreement • The Executive • Single chief executive • Electoral College to keep Congress and the electorate out! • Clunky system • Intended to prevent the riff-raff from deciding election • 4-year term of office • What issues might arise?

23. 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.com • www.electoral-vote.com

24. The Madisonian Model • To prevent a tyranny of the majority, Madison proposed a government • Limiting Majority Control • Separating Powers • Creating Checks and Balances • Establishing a Federal System • Federalist Paper #51

25. The Madisonian Model

26. The Madisonian Model

27. 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.

28. Amending the Constitution

29. Constitutional Change • The Informal Process of Constitutional Change • Judicial Interpretation • Marbury v. Madison (1803): judicial review • Changing Political Practice • Technology • Increasing Demands on Policymakers

30. RatificationRatify – to approve Federalist Anti-Federalist Against the constitution Would create an overbearing central government opposed to personal freedoms Would ruin the country with taxes States could better represent their citizens Giving up state power to Federal Government scared them – it was what they had just defeated! Patrick Henry Aaron Burr Sam Adams Thomas Jefferson • Supported the Constitution • In favor of ratifying • From larger states, cities, merchants • Alexander Hamilton • James Madison • John Adams • George Washington

31. 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)

32. Federalists vs. Anti-Federalists • Anti-Federalist view • Constitution was a document written by aristocrats, for aristocrats (remember:“the well-bred, the well-fed, the well-read, and the well-wed” Average age is 42, 2/3 lawyers, 1/3 owned slaves.) • Wanted a list of guaranteed liberties, or a bill of rights • Said it weakened the power of the states!

33. Constitution Ratified • The Federalists win out, but agree to the creation of a “Bill of Rights” specifically granting individual liberties. • First President Washington (Who unanimously chose him?) • Bill of Rights ratified 1791 (Ga, Ma and Ct did not support it). • First 10 Ammendments.