Chapter 1 – Introduction

The U.S. Constitution

• U.S. Constitution continues to:
  • Define structure of national/state governments
  • Regulate relationship between government and citizens
• Influences
  • Historical period
  • Colonists’ experiences with government
  • Political philosophy of time (Hobbes and Locke)

The Colonial Background

• Jamestown established (1607)
  • King’s charter grants “full power and authority”
  • Colonists establish representative assembly
  • “Starving time for Virginia”
• Separatists, the Mayflower, and the Compact
  • First New England colony established 1620
  • Dissatisfied with Church of England
  • Mayflower Compact: signers agree to submit to government authority
• More colonies, more governments
  • More settlements established
  • Adopt concept of limited government
  • Some degree of self-governance
  • Pennsylvania Frame of Government
• British restrictions and colonial grievances
  • Series of taxes to pay for French and Indian War
    • Sugar Act of 1764
    • Stamp Act of 1765
    • Coercive Acts of 1774
• King George III (1738-1820) was king of Great Britain and Ireland from 1760 until his death on January 29, 1820. Under George III, the British Parliament attempted to tax the American colonies. Ultimately, exasperated at repeated attempts at taxation, the colonies proclaimed their independence on July 4, 1776

The Colonial Response

• The First Continental Congress (1774)
  • To express grievances to the King
  • Formed committees
• The Second Continental Congress (1775)
  • To establish army
  • George Washington named commander-in-chief
  • Attempt at settlement
  • Military encounters increase

Declaring Independence

• The Resolution of Independence (July 2)
• The Declaration of Independence (July 4, 1776)
  • Thomas Jefferson primary author
  • Enumerates colonies’ grievances with Britain
  • Universal truths
  • Natural rights and a social contract
  • Legitimizes American Revolution
• Rise of Republicanism
  • Republicans opposed to rule by the British and any strong central authority in new government
  • Each state seen as sovereign authority and only legitimate ruling force

The Articles of Confederation: First Form of Government

• Confederation was voluntary association of independent states
  • Thirteen states established government consisting of Congress of the Confederation
  • Weak central government
  • Each state had single vote
  • One member chosen as presiding officer

Powers of the Congress of the Confederation

• Congress had power to:
  • Declare war and make peace
  • Enter into treaties and alliances
  • Establish and control armed forces
  • Requisition and revenues from states
  • Regulate coinage
  • Borrower funds and issue bills of credit
  • Fix uniform standards of weight and measurement
  • create admiralty courts
  • create a postal system
  • Regulate Indian affairs
  • Guarantee citizens of each state the rights and privileges of citizens in the several states when in another state
  • Adjudicate disputes between states on state petition
• Congress lacked power to:
  • Provide for effective treaty-making power and control foreign relations; it could not compel states to respect treaties
  • Regulate interstate and foreign commerce; it left each state free to set up its own tariff system
  • Compel states to meet military quotas; it could not draft soldiers or demand revenue to support an army or navy
  • Collect taxes directly from the people; it had to rely on states to collect ad forward taxes
  • Compel states to pay their share of government costs
  • Provide and maintain a sound monetary system or issue paper money.  This was left up to the states. and monies in circulation different tremendously in value
• Accomplishments under Articles
  • Settled land disputes among the states
  • Passed the Northwest Ordinance of 1787 establishing government for new territories
  • Could declare war and conduct foreign policy
• Weaknesses of the Articles
  • Could not demand revenue from states
  • Could not raise an army
  • Amendments to Articles required unanimous consent of Congress
• Shays’s Rebellion and need for revision of the Articles
  • Central government has no authority to settle disputes
  • Economic depression widespread
  • Rebellion demonstrates citizen anger

Drafting the Constitution

• Who were the delegates?
  • Fifty-five delegates from 13 states attend
  • Delegates mostly upper class, educated, young
• Factions among delegates
  • Some nationalists support monarchy
  • Majority are nationalists who want strong central government
• Politicking and compromises
  • Virginia Plan
    • Bicameral (two-chamber) legislature
    • National executive, elected by legislature
    • National judiciary
  • New Jersey Plan:
    • One state, one vote
    • Congress to regulate trade and impose taxes
    • Congressional acts to be supreme law of the land
    • Congress to elect an executive office
• The “Great Compromise”
  • Established bicameral legislature, House of Representatives apportion based on population
  • Established Senate with two members per state
  • Supreme Court established
  • Three-Fifths Compromise
    • Shows power of southern states
    • Apportionment partially based on “property”
• Madisonian Model
  • Separation of the executive, legislative, and judicial power of government
  • Establishes system of checks and balances
• James Madison (1751-1836) earned the title “master builder of the Constitution” because of his persuasive logic during the Constitutional Convention. His contributions to the Federalist Papers showed him to be a brilliant political thinker and writer
• The executive
  • Single chief executive
  • Electoral college created
    • Makes president independent of Congress
    • Removes from direct popular control
    • Four-year term

The Final Document

• The final document
  • Popular sovereignty
  • Republican government
  • Limited government with written laws
  • Separation of powers
  • Federal system

Difficult Road to Ratification

• Federalists
  • Favored a strong central government
  • Constitution
  • Time, money and power for change
  • Federalist Papers
• Anti-Federalists
  • Wanted weak central government
  • Retain the Articles of Confederation
  • Status quo
  • Want guarantee of personal liberties or bill of rights

The Bill of Rights

• Bill of Rights
  • No explicit limits on state government powers, did not apply to state governments
  • Included to protect individual liberties against national government
• A “bill of limits”
• No explicit limits on state government powers

Altering the Constitution: Formal Amendment Process

• Proposing an Amendment (formal)
  • Two-thirds vote in each chamber of Congress, or
  • National convention called by Congress at request of two-thirds of state legislatures
• Ratifying an Amendment:
  • By a positive vote in three-fourths of legislatures of various states, or
  • By special conventions called in states and a positive vote in three-fourths of them
• There are two ways of proposing amendments to the U.S. Constitution and two ways of ratifying proposed amendments. Among the four possibilities, the usual route has been proposal by Congress and ratification by state legislatures

Informal Methods of Constitutional Change

• Congressional legislation
• Presidential actions
• Judicial review
  • Marbury v. Madison
• Interpretation, custom, and usage