Download - Unit 2 - Foundations Of American Government
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
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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
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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
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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
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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
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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...
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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
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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.