the american constitutional experiment. magna carta, 1215 limits king’s power provides due...

THE ROOTS OF AMERICAN

GOVERNMENTThe American Constitutional

Experiment

English Political Beliefs: Seeds of Self-Rule

Magna Carta, 1215 Limits king’s power Provides due process and the rule of law

Petition of Right,1628 Establishes that king is not above the law

English Bill of Rights, 1689 Protects rights of the people

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English Protections

Petition of Right: Limits king’s power No punishment without peer judgment No imposition of military rule in

peacetime No requirement that homeowner house

troops No collection of money without consent

of Parliament


English Protections

English Bill of Rights: Increases citizen’s power

Right to trial by jury of peers Freedom from excessive bail or fines Right to keep arms Right to petition government Freedom of speech and debate within

Parliament Right to have Parliament make laws Right to have no standing army without

permission of Parliament


Participation in Colonial Government

There were three types of colonial governments: Royal: Leaders chosen by king of England Proprietary: Leaders chosen by person who received

grant from king Charter: Leaders elected by white, male property

owners in colonies Some colonies set up colonial representative

assemblies (for example, the House of Burgesses in Virginia).

Communities usually made their own decisions about leadership (but the king appointed some governors).


Who Could Vote in the Colonies?

Property: Only property owners–later amended to taxpayers–were allowed to vote.

Religion: Voters had to meet moral or religious standards.

Race: Because blacks were forbidden to own property, they could not vote.

Gender: Few women were allowed to vote.

SECTION 2ORIGINS OF AMERICAN

GOVERNMENT

Moving toward Independence

Colonial Dependence on Britain

At first, the colonies and Britain had a close relationship: British corporations offered financial support

to the colonies. The British army and navy provided military

protection to the colonies. The colonies exported agricultural products to

Britain. As time went on, the colonists developed

an identity as Americans.


Political Developments

Britain financed and wonthe French and Indian War,which ended in 1763.

Britain forced the colonists to pay the war debt, byenforcing strict trade lawsand taxes.

Angry colonists wondered, “Do we really need the protection of the British?”


Colonial Unity versus Loyalty to Crown

Loyalty to Crown Colonists accepted British power over

them if: They were involved in British administration They had commercial ties to Britain They wanted military protection They were committed to idea of monarchy


Colonial Legislation and Divisive Events

1764 Sugar Act: Taxed sugar and increased costs of coffee, indigo, and wine

1765 Stamp Act: Taxed printed materials 1767 Townshend Acts: Taxed glass, lead,

paints, paper, and tea; allowed government to seize private property and issue general search warrants

1770 Boston Massacre: Ended with British soldiers killing several colonists

1773 Boston Tea Party: Colonists showed displeasure with the Tea Act by dumping tea into Boston Harbor


Colonist Responses

British laws led to colonial unity. The First Continental Congress, 1774:

Declared the Coercive Acts void Second Continental Congress, 1775:

Established a national government Led to the writing of the

Declaration of Independence


Thomas Paine’s “Common Sense” Pamphlet

Was published in January 1776 Used simple language so illiterate

colonists could understand it Was instrumental in turning

public opinion Was distributed in over

150,000 copies


The Declaration of Independence

Written by Thomas Jefferson (influenced by John Locke’s social contract theory)

Written to: Justify colonies’ independence Convince wary colonists to join the rebellion List grievances against George III, king of

England Persuade others that the colonists were right

(Framers wanted to justify only this revolution, not other rebellions.)


The Declaration of Independence

“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……when a long train of abuses and

usurpations, pursuing invariably the same Object, evinces a design to reduce them

under absolute Despotism, it is their right, it is their duty, to throw off such Government.”

THE ARTICLES OF CONFEDERATION


A “Firm League of Friendship”

The Articles of Confederation were approved by the Second Continental Congress, 1775.

The Articles created “a firm league of friendship” among the 13 states.

They established a confederation, or a loose connection of states with no central power.

Under the Articles, the states retained their sovereignty and could better attend to their citizens’ needs.


Powers of the National Government (Congress)

Decide matters of war and peace

Send and receive ambassadors

Enter into treaties Borrow money Coin or create money Establish post offices

Build a navy Raise an army by

asking states for troops

Fix uniform standards of weights and measures

Settle disputes among the states


Negative Results of the Articles of Confederation

Conducting business with other countries and among states became difficult.

Economic instability began. A fear of popular tyranny developed.

(Popular tyranny is a political situation in which the people have too much power.)

Daniel Shays led farmers in a rebellion against foreclosures; this protest became known as Shays’s Rebellion.

CREATING A CONSTITUTION


Creating a Constitution

A national convention was held in Philadelphia in 1787 to: Revise the Articles of Confederation Create a new form of government

Thomas Jefferson called the convention “an assembly of demigods” because the delegates were educated, powerful, and wealthy citizens.

Some colonial leaders believed that the convention was illegal and did not attend.


Federalism

Federalism: A government in which states share power and sovereignty with a national government and therefore have fewer rights

Federalists: Those who approve federalism

Anti-Federalists: Those who fear the power of a central government


Large States versus Small States

The New Jersey Plan The Virginia Plan

William Paterson, author James Madison, author

Unicameral legislature Bicameral legislature

One state, one vote; representation not based on population

Representation determined by population

Multiple executives Single executive

National judiciary National judiciary

State law is supreme National law is supreme


The Great Compromise

Also known as the Connecticut Compromise

Was adapted from the Virginia Plan and the New Jersey Plan

Created a strong federal structure to manage the country

Called for a single executive and a national legislature with two houses: First house = House of Representatives,

based on population Second house = Senate, with two

representatives from each state

Three/Fifths Compromise

The Three-Fifths Compromise mandated that only three-fifths of slaves be counted in determining state representation (this was repealed by the Fourteenth Amendment in 1868).


Planning for a New Government

Three documents influenced the Constitution: Articles of Confederation Virginia Plan New Jersey Plan


Planning for a New Government

The founders focused on eight key discussion points: Sovereignty of state or people Supremacy of national or state law Unicameral versus bicameral legislature Process of passing laws Powers of Congress Kind of executive Kind of judiciary Format for changing the document


The Ratification Fight…

For approval, the Constitution needed to be signed by 9 of 13 states.

Both Federalists and Anti-Federalists tried convincing the public and state leaders of their beliefs regarding ratification.


Federalists versus Anti-Federalists

Federalists Favored ratification Believed that people should be in charge

of government Believed that the average person should

not have too much power Supported a strong central government

with built-in protections to prevent tyranny


Federalists versus Anti-Federalists

Anti-Federalists Opposed ratification Believed that government should be kept

small and local Feared a strong central government with

no accountability to the people Supported a bill of rights to protect states

and people


The Federalist Campaign

The Federalist Papers: Persuasive, logical essays used to convince voters to ratify the Constitution

Authors: John Jay James Madison Alexander Hamilton


Ratification of the Constitution

Before they would ratify the Constitution, several states demanded that 10 amendments be added to it.

Those 10 amendments are called the Bill of Rights.

The Bill of Rights lists limits on the power of the central government.

U.S. Constitution


Parts of the U.S. Constitutionthe U.S. Constitution

Section Purpose

Preamble Introduces reasons for creating the document

Article I Outlines the legislative branch

Article II Outlines the executive branch

Article III Outlines the judicial branch

Article IV Discusses relations between the states and between the states and the national government

Article V Describes how to amend the Constitution

Article VI Declares the Constitution to be the supreme law of the land

Article VII Lists requirements for ratifying the Constitution

27 amendments Modify the Constitution


Basic Principles of the U.S. Constitution

There are five basic principles of the U.S. Constitution: Limited government Popular sovereignty Federalism Separation of powers Checks and balances

These principles resulted from agreements and debate of the Constitutional Convention, 1787.


The Three Branches of Government

Legislative branch: Makes laws

Executive branch: Executes, or carries out, laws

Judicial branch: Interprets laws and judges

whether they have been broken


The Legislative Branch

Article I of the Constitution outlines the legislative branch.

The founders considered this the most important branch.

James Madison recommended a republic, or representative, government.

In a republic, laws are made by a body of government called the legislature, not by the people themselves.

Our legislature is bicameral, meaning that it has two chambers.


Powers of the U.S. Congress

Well-Known Powers of CongressArticle 1, Section 8

Collect taxes Regulate commerce Coin and regulate money Establish post offices and roads Declare war Raise and manage armed services Make laws


The Two Chambers ofCongress

House of Representatives Senate

Membership represents population Membership consists of two senators from each state

Members are elected Until 1917, members were appointed by state legislatures

Requirements: 25+ years old, citizen for 7 years

Requirements: 30+ years old, citizen for 9 years

Term: 2 years Term: 6 years

Members are in touch with home districts

Members are older, more established

Actions reflect changing public opinion

Actions reflect stable points of view


The Executive Branch

The U.S. president: Suggests, encourages, and vetoes legislation Is chosen by delegates of an electoral college Holds a maximum of two 4-year terms


Executive Branch: Fears of the Founders

Constitutional Convention debate focused on three issues: Executive as one person versus multiple

people Executive’s ability to seek reelection as many

times as desired Direct election by the people versus indirect

appointment by a legislature


The Executive Branch

Article II of the Constitution describes the chief executive: Section 1: Qualifications: Must be a natural-

born citizen, a resident for 14 years, and 35+ years of age

Section 2: Powers: Serves as commander-in-chief, can grant pardons and negotiate treaties, and can appoint other U.S. officials

Section 3: State of the Union Address: Can call a special session and execute laws

Section 4: Impeachment: Can be charged with “treason, bribery, or other high crimes or misdemeanors”


The Judicial Branch

The judicial branch: Interprets laws through a court system Establishes how laws are understood, thereby

“making” laws Is protected from

politics The founders

considered the judicialbranch the weakest branch.


The Constitution and the Judicial Branch

The Constitution gives Congress the power to establish the lower courts:“The judicial power of the United

States, shall be vested in one supreme court, and in such inferior courts as the Congress may from

time to time ordain and establish.” (U.S. Constitution, Article III)


The Constitution and the Judicial Branch

The Supreme Court has two types of jurisdiction: Original jurisdiction: Authority to hear

cases directly without a hearing in a lower court

Appellate jurisdiction: Authority to revise another court’s decision


Judicial Review Power

The Supreme Court may declare an act of Congress or an order of the executive branch unconstitutional.

In 1803, Marbury v. Madison gave a gigantic grant of power to the courts.

Chief Justice John Marshall

Judicial Review and Marbury v. Madison

PRINCIPLES OF THE CONSTITUTION

Checks and Balances, Separation of Powers (Madisonian Model), and

Amending the Constitution


Maintaining a Republic

A republic offers opportunities for abusing political power.

Constitutional controls are needed to restrict those opportunities.

The U.S. Constitution provides two main safeguards against tyranny: Separation of powers Checks and balances

“Ambition must be made to counteract ambition.”

(James Madison, The Federalist No. 51)


Separation of Powers and Checks and Balances


Separation of Powers

Articles I, II, and III of the Constitution establish three separate branches of government: legislative, executive, and judicial.

No branch can act entirely independently, yet none can be entirely dependent on the others.

Creating this interrelationship between branches is a unique way of preventing tyranny.


Amending and Interpreting the Constitution

Formal Amendment Passing amendments is the only way to

change the Constitution officially. Article V of the Constitution contains the

rules for formal amendment. The founders intentionally made it difficult

to amend the Constitution.Interpretation

Through laws, executive orders, court decisions, and custom, the government can change the way we interpret the Constitution.


Formal Amendments

10,000 amendments have been proposed.

Of those, only 27 have been enacted. The amendments we have passed serve

four general purposes: To increase equality To guarantee rights To improve government functioning To make policies


Amendments to the Constitution

Categories Amendment Numbers Years Ratified

Bill of Rights I–X 1791

Pre–Civil War XI–XII 1795–1804

Civil War–Reconstruction XIII–XV 1865–1870

Twentieth Century XVI–XXVII 1913–1992


Process for Amending the Constitution

the american constitutional experiment. magna carta, 1215 limits king’s power provides due...

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