The U.S The U.S Constitution,Constitution,Then and NowThen and NowThe History, Debates and The History, Debates and

Democratic Evolution that Democratic Evolution that Shaped Our Country’s Shaped Our Country’s

Founding Documents—and Founding Documents—and Why We Still Need to Improve Why We Still Need to Improve

and Defend Themand Defend Them

How We’ll Study the How We’ll Study the TopicTopic

• Examining the History From the Examining the History From the Beginning of the New World Leading Up Beginning of the New World Leading Up to the Constitutionto the Constitution

• Examining the Debates and Mass Examining the Debates and Mass Movements at the Time that Shaped and Movements at the Time that Shaped and Changed the ConstitutionChanged the Constitution

• Examining the Varied Interests of All Examining the Varied Interests of All Those Involved in the Process, Directly Those Involved in the Process, Directly and Indirectlyand Indirectly

• Taking a Local Viewpoint Where Possible, Taking a Local Viewpoint Where Possible, Building on What’s Familiar to Us. Building on What’s Familiar to Us.

Ours Was Not the First Ours Was Not the First Form of Government in the Form of Government in the

New WorldNew World

Some Native Towns and Cities Some Native Towns and Cities Were Well Developed Before We Were Well Developed Before We

CameCameCahokia, now East St Louis, Illinois, around 1200 AD, had nearly 20,000 Residents, and was larger than Paris, France at the same time

Western PA Was Largely Part of Western PA Was Largely Part of the the

Iroquois Confederation of TribesIroquois Confederation of TribesShannopin's Town, a Seneca tribe village on the east bank of the Allegheny, at the ‘Forks of the Ohio, was the village of Queen Aliquippa, but was deserted after 1749. The painting here shows Natives observing what was Fort Duquesne and then Fort Pitt.

The purple area is the Iroquois tribes; the gray area is the Shawnee and Delaware tribes

‘‘Logstown,’ or Shenango, Was the Logstown,’ or Shenango, Was the Largest Iroquois Settlement in Our Largest Iroquois Settlement in Our

AreaArea‘People of the Long Houses’ was the Iroquois name for themselves. About 40 of these made up Logstown, along with several hundred smaller structures.

‘‘The Law of Great Peace’The Law of Great Peace’What the Iroquois Called Their What the Iroquois Called Their

ConstitutionConstitution

John Rutledge of South Carolina, delegate to the Constitutional Convention, is said to have read lengthy tracts of Iroquoian law to the other framers, beginning with the words "We, the people, to form a union, to establish peace, equity, and order..."

In October 1988, the US Congress passed Concurrent Resolution 331 to recognize the influence of the Iroquois Constitution upon the US Constitution and Bill of Rights.

‘Tree of Life,’ the Iroquois symbol for their ‘Great Law’ and its 117 Articles

Important Iroquois Treaties Important Iroquois Treaties with Uswith Us

• 1744 Treaty of Lancaster1744 Treaty of Lancaster• 1752 Treaty of Logstown1752 Treaty of Logstown• 1763 Royal Proclamation 1763 Royal Proclamation

Who/Who/Whom?Whom?

What Constitutions and What Constitutions and Treaties Are:Treaties Are:

A Set of Rules within and between A Set of Rules within and between

Political Domains DeclaringPolitical Domains Declaring WhoWho Can Do What To Can Do What To WhomWhom and and

WhyWhy??

They come in many varieties…They come in many varieties…

How the 13 Colonies Started:How the 13 Colonies Started:The ‘Companies’ Came First, Virginia and The ‘Companies’ Came First, Virginia and

MassachusettsMassachusetts• The first form of colonial The first form of colonial

governments in the New governments in the New World were ‘Companies’ World were ‘Companies’ dispensed by the monarchy dispensed by the monarchy for making money by trade for making money by trade and industryand industry

• The ‘London Company’ was The ‘London Company’ was started by upper crust started by upper crust merchants and adventurers, merchants and adventurers, then made official by King then made official by King James. Later it divided into James. Later it divided into two, the ‘Plymouth Company’ two, the ‘Plymouth Company’ and the ‘Virginia Company.’ and the ‘Virginia Company.’ Their territories overlapped. Their territories overlapped.

• Company investors simply Company investors simply assigned a local council to assigned a local council to govern, subject to the King’s govern, subject to the King’s approvalapproval

• The Jamestown Settlement The Jamestown Settlement started Virginia, which started Virginia, which became rich from tobacco and became rich from tobacco and slaves, and the Plymouth slaves, and the Plymouth Plantation started Plantation started MassachusettsMassachusetts

……More Settlements Soon More Settlements Soon Followed, and ‘Companies’ Followed, and ‘Companies’

Became ‘Colonies’Became ‘Colonies’• MassachusettsMassachusetts. In 1691, the ‘Province of Massachusetts Bay’ . In 1691, the ‘Province of Massachusetts Bay’

was formed as a ‘was formed as a ‘Crown ColonyCrown Colony’ from a merger of the ’ from a merger of the Plymouth Plantations and the Puritan Massachusetts Bay Plymouth Plantations and the Puritan Massachusetts Bay Company.Company.

• The province retained the The province retained the theocratic governmenttheocratic government of the of the Puritan church officials, whereby Quakers, Catholics and Puritan church officials, whereby Quakers, Catholics and others were persecuted. A harsh interpretation of the Bible was others were persecuted. A harsh interpretation of the Bible was law and ‘witches’ were burned.law and ‘witches’ were burned.

• Settlers fleeing persecution by the Puritan theocrats were Settlers fleeing persecution by the Puritan theocrats were involved in the founding of the involved in the founding of the Provinces of New Hampshire, Provinces of New Hampshire, Connecticut and Rhode Island. Connecticut and Rhode Island.

• Rhode Island Rhode Island was formed on the basis on a ‘land patent’ was formed on the basis on a ‘land patent’ granted by the Earl of Warwick to Roger Williams. William granted by the Earl of Warwick to Roger Williams. William made it a haven against religious persecution. It was the first made it a haven against religious persecution. It was the first colony to declare independence and the first to outlaw slaverycolony to declare independence and the first to outlaw slavery

Seizing the Colonies of Others:Seizing the Colonies of Others:New Netherlands and New New Netherlands and New

SwedenSweden• New YorkNew York was formed by the was formed by the

English seizing English seizing New NetherlandsNew Netherlands from the Dutch Republic in 1674.from the Dutch Republic in 1674.

• Parts ofParts of New Jersey New Jersey and and Delaware Delaware were originally were originally New SwedenNew Sweden, until , until Sweden lost a war with the Dutch in Sweden lost a war with the Dutch in Europe, and they were absorbed into Europe, and they were absorbed into New Netherlands in 1673.New Netherlands in 1673.

• Holland was a republic in this Holland was a republic in this period, and many period, and many democratic democratic practicespractices remained in the area of remained in the area of New Netherlands after it passed to New Netherlands after it passed to the British. In Delaware, Franciscus the British. In Delaware, Franciscus van den Enden had drawn up van den Enden had drawn up charter for a utopian society (that charter for a utopian society (that included equal education of all included equal education of all classes, joint owership of property, classes, joint owership of property, and democratic rule. Pieter and democratic rule. Pieter Corneliszoon Plockhoy attempted Corneliszoon Plockhoy attempted such a settlement near the site of such a settlement near the site of Zwaanendael, but it expired under Zwaanendael, but it expired under English rule.English rule.

British Religious Wars and British Religious Wars and the ‘Proprietary Colony’ of the ‘Proprietary Colony’ of

MarylandMaryland• Maryland was in initially given to Maryland was in initially given to

Lord BaltimoreLord Baltimore as a haven for as a haven for Catholics persecuted by Catholics persecuted by Protestants, but this was Protestants, but this was reversed after the religious wars reversed after the religious wars in Britain. It changed again with in Britain. It changed again with Maryland’s ‘Toleration Act’Maryland’s ‘Toleration Act’ allowing rights to ‘Trinitarian’ allowing rights to ‘Trinitarian’ Christians, but allowed the death Christians, but allowed the death sentence to those denying the sentence to those denying the divinity of Jesus Christ.divinity of Jesus Christ.

• ‘‘Proprietary’ colonies allowed Proprietary’ colonies allowed rule by rule by aristocratic landowning aristocratic landowning familiesfamilies directly, although the directly, although the King kept indirect power.King kept indirect power.

The Province of Carolina: The Province of Carolina: The ‘Lords Proprietors’ and The ‘Lords Proprietors’ and

John LockeJohn Locke• In payment for help in In payment for help in

restoring him to the restoring him to the throne, given by King throne, given by King Charles II to eight Charles II to eight nobles, headed by the nobles, headed by the Earl of Shaftesbury.Earl of Shaftesbury.

• Original governing Original governing council was half council was half appointed by the Lords, appointed by the Lords, and half selected locally. and half selected locally. There was also a weak There was also a weak ‘assembly’ elected by ‘assembly’ elected by voters with 50 acresvoters with 50 acres of of land.land.

• The ‘Constitutions,’ The ‘Constitutions,’ combined feudalism and combined feudalism and liberalism, also allowing liberalism, also allowing for a landed nobility, for a landed nobility, ‘‘landgraveslandgraves’ (48K acres) ’ (48K acres) and ‘and ‘caciquescaciques’ (24K ’ (24K acres). It also included acres). It also included ‘‘leetmenleetmen’ (serfs), ’ (serfs), bondservants and slavesbondservants and slaves—an official —an official class class societysociety..

John Locke, secretary to Lord Shaftesbury, co-authored the ‘Fundamental Constitutions of Carolina’

Divided in 1712, the province became the royal colonies of North and South Carolina in 1729

Province of Georgia: ‘Trustee Province of Georgia: ‘Trustee Colony’ for Debtors, Prisoners Colony’ for Debtors, Prisoners

and ‘the Worthy Poor’and ‘the Worthy Poor’• Governed by a ‘Governed by a ‘Board of Board of

TrusteesTrustees’ selected by James ’ selected by James Oglethrope, who received a Oglethrope, who received a ‘Corporate Charter’ for using ‘Corporate Charter’ for using the colony to take the the colony to take the pressure off England’s ‘Poor pressure off England’s ‘Poor Houses’ and ‘Debtors Houses’ and ‘Debtors Prisons.’Prisons.’

• Originally outlawed in the Originally outlawed in the province, province, slaveryslavery was was permitted in 1749 and permitted in 1749 and Georgia became a ‘crown Georgia became a ‘crown colony’ in 1755.colony’ in 1755.

• Outlaw classes.Outlaw classes. Early poor Early poor farmers were limited to 50 farmers were limited to 50 acres, leading many to move acres, leading many to move inland. ‘inland. ‘Georgia CrackersGeorgia Crackers’ ’ said Lord Dartmouth, were ‘a said Lord Dartmouth, were ‘a lawless set of rascalls on the lawless set of rascalls on the frontiers.’ frontiers.’

Drawing of the originalColony of Savannah. Photo shows slave quarters from the 1860s

Back to the Province of Back to the Province of Pennsylvania:Pennsylvania:

A ‘Restoration’ and A ‘Restoration’ and ‘Proprietary’ Colony‘Proprietary’ Colony

• ‘‘Woodlands’ granted to William Woodlands’ granted to William Penn and his heirs as a Penn and his heirs as a land land grantgrant in what is now New Jersey in what is now New Jersey and Eastern Pennsylvania for and Eastern Pennsylvania for Penn’s financial support in Penn’s financial support in restoringrestoring King Charles II King Charles II

• William Penn’s 1701 ‘Charter of William Penn’s 1701 ‘Charter of Privileges’ he extended Privileges’ he extended religious freedomreligious freedom to all to all monotheists, but only monotheists, but only ‘Christians’ could hold office. ‘Christians’ could hold office. Many Moravian, Amish and Many Moravian, Amish and other Protestants arrived.other Protestants arrived.

• Early Quakers tried fair dealings Early Quakers tried fair dealings with Native peoples. with Native peoples. Benjamin Benjamin FranklinFranklin was involved in was involved in negotiations and printed negotiations and printed booklets on the treaties and the booklets on the treaties and the Iroquois and other tribesIroquois and other tribes

Colonial Diversity and Colonial Diversity and ConflictConflict

• Different religions and Different religions and attitudes toward religion.attitudes toward religion. This This ranged from totalitarian ranged from totalitarian theocracy in New England to theocracy in New England to Quaker tolerance in Pennsylvania Quaker tolerance in Pennsylvania and Catholicism in Marylandand Catholicism in Maryland

• Different Borders. Different Borders. Boundaries Boundaries between states were contestedbetween states were contested

• Different national origins and Different national origins and languages of first settlers.languages of first settlers. The The Dutch founded New York, the Dutch founded New York, the Swedes New Jersey and Swedes New Jersey and Delaware, the English in New Delaware, the English in New England and the South, free England and the South, free Africans in many states, Germans Africans in many states, Germans in the interior farmlands, and in the interior farmlands, and Scots-Irish on the Appalachian Scots-Irish on the Appalachian frontier, and a majority of African frontier, and a majority of African slaves in the South.slaves in the South.

• Different political structures.Different political structures. Some colonies had more local Some colonies had more local autonomy, some had an upper and autonomy, some had an upper and lower governing body, New lower governing body, New England had ‘town meetings’ as England had ‘town meetings’ as well as theocracy, and the well as theocracy, and the franchise was restricted franchise was restricted differentlydifferently

• Different Economic Interests. Different Economic Interests. New England emphasized trade, New England emphasized trade, shipbuilding and small farms. shipbuilding and small farms. Merchant trade dominated New Merchant trade dominated New York and PA, while larger York and PA, while larger plantations with slave labor and plantations with slave labor and exports dominated the Southern exports dominated the Southern colonies. Still, commerce among colonies. Still, commerce among colonies still grew, forming colonies still grew, forming an an internal marketinternal market, as did conflicts , as did conflicts with Englandwith England

Uniting Colonies for Self-Uniting Colonies for Self-Defense:Defense:

Precursors to the US Precursors to the US ConstitutionConstitution• 1754: Benjamin Franklin’s 1754: Benjamin Franklin’s

‘Albany Conference’ and ‘Plan ‘Albany Conference’ and ‘Plan of Union’of Union’

• 1774: First Continental 1774: First Continental CongressCongress

• 1775-1776: Second 1775-1776: Second Continental Congress & the Continental Congress & the Declaration of IndependenceDeclaration of Independence

• 1776-1781: Articles of 1776-1781: Articles of ConfederationConfederation

• 1781-1789: The ‘Confederation 1781-1789: The ‘Confederation Congress’Congress’

Benjamin Franklin’s cartoon from The Pennsylvania Gazette, May 9, 1754.

Articles of Confederation: Articles of Confederation: ‘State Sovereignty’ and the ‘State Sovereignty’ and the

Setting of Setting of Limits on the United States of Limits on the United States of

AmericaAmerica• ‘‘Each Each state retains itsstate retains its sovereigntysovereignty, , freedom, and independence, and freedom, and independence, and every power, jurisdiction, and right, every power, jurisdiction, and right, which is not by this Confederation which is not by this Confederation expressly delegated.’expressly delegated.’

• ‘‘The said States hereby severally The said States hereby severally enter into a firm enter into a firm league of league of friendshipfriendship with each other, for their with each other, for their common defense, the security of their common defense, the security of their liberties, and their mutual and liberties, and their mutual and general welfare, binding themselves general welfare, binding themselves to assist each other, against all force to assist each other, against all force offered to, or attacks made upon offered to, or attacks made upon them…’ them…’

• Each state was equalEach state was equal, with one , with one equal vote, although its delegation, equal vote, although its delegation, chosen by the state legislature, could chosen by the state legislature, could be from two to seven men.be from two to seven men.

‘‘Who/Whom?’ and theWho/Whom?’ and theArticles of ConfederationArticles of Confederation

• Only the central government was allowed to Only the central government was allowed to conduct foreign relations and to declare warconduct foreign relations and to declare war . No . No states could have navies or standing armies, or engage states could have navies or standing armies, or engage in war, without permission of Congress (although the in war, without permission of Congress (although the existence of state militias is encouraged). existence of state militias is encouraged).

• Whenever an army is raised for common defense, Whenever an army is raised for common defense, colonels and colonels and military ranks below colonel will be military ranks below colonel will be named by the state legislaturesnamed by the state legislatures. .

• Expenditures by the United States of America will be Expenditures by the United States of America will be paid by funds raised by state legislatures, and paid by funds raised by state legislatures, and apportioned to the states based on the real property apportioned to the states based on the real property values of each. values of each.

• Freedom of movement ‘for all’ except ‘Freedom of movement ‘for all’ except ‘vagabondsvagabonds,’ ,’ ‘‘pauperspaupers’ and ‘’ and ‘fugitivesfugitives,’ as defined by each state. ,’ as defined by each state. Upper class dominanceUpper class dominance, including , including slave master slave master dominancedominance. .

Achievements of theAchievements of theArticles of ConfederationArticles of Confederation

• Kept the citizens of the Kept the citizens of the several states organized several states organized enough, with Washington’s enough, with Washington’s Army and its alliance with Army and its alliance with France, to France, to defeat Great defeat Great BritainBritain. Sealed at the . Sealed at the Treaty of Paris in 1783.Treaty of Paris in 1783.

• Passed the Land Ordinance Passed the Land Ordinance of 1785 and the Northwest of 1785 and the Northwest Ordinance of 1787, which Ordinance of 1787, which allowed land in the allowed land in the ‘‘Northwest TerritoriesNorthwest Territories’ ’ beyond the Appalachians to beyond the Appalachians to be surveyed and divided be surveyed and divided into townships and new into townships and new states states but not by but not by expansion of the existing expansion of the existing statesstates..

‘Point of Beginning’ Monument near Glasgow, PA at the Ohio line. This marked the easternmost point of the Northwest Territories