Foundations of the Constitution

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Foundations of the Constitution
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In the beginning

• 1750s-Great Britain was in debt and searching for
  new revenue.
• The colonies paid little in taxes and had just
  been defended by the British during the French
  and Indian War
• The colonies, however, had lived under self rule
  for over 100 years and were not willing to give
  that up.

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Formation of the first governments of the 13
colonies

• Highly Influenced by
• English Law
• English Tradition
• English Religion (mix of Protestantism and
  Catholicism)
• 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.

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Mayflower Compact

• Written and signed by 41 Pilgrims in 1620.
• The first example at self-government.

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Fundamental Orders of Connecticut

• Written by former Massachusetts Bay Colonist
  Puritans in 1639.
• Americans first formal constitution.
• Allowed citizens to elect officials to make laws.

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The Virginia Houseof Burgesses

• First legislature in America.
• Established in 1619.
• The ideals and origins established here would
  later factor into the writing of the Constitution.

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Britain Tightens Control

• For more than 150 years Britain practiced
  salutary neglect toward the colonies.
• What changed?
• Seven Years War (a.k.a. The French and Indian
  War) 1754-1763.
• George III became king in 1760.

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Theres a War to pay for!!!
1765 Stamp Act First direct Act. Repealed in
1766, but
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The Coercive ActsorThe Intolerable Acts

• All Acts were directed at reminding the colonists
  of who was in control Britain.

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United in Brotherhood
We Will Not Comply
Colonists take another look at Franklins Albany
Plan of Union, which he offered during the French
and Indian War. 1765 Stamp Act Congress 1773
Committees of Correspondence.
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First Continental Congress

• September 5, 1774 in Philadelphia.
• All colonies present except Georgia.
• 56 men wrote and sent a letter of grievances and
  resolves to King George III (The Olive Branch
  Petition.)
• Meet back the next year.
• Before meeting answer came on April 19, 1775.

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Second Continental Congress

• May 1775 in Philadelphia
• 56 men from all 13 colonies.
• Chose John Hancock as president of Congress.
• Richard Henry Lee would propose resolutions for
  independence.
• Committee was appointed to write.

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The Declaration of Independence.

• Committee
• Thomas Jefferson (VA)
• Benjamin Franklin (PA)
• John Adams (MA)
• Roger Sherman (CT)
• Robert Livingston (NY)
• Selected to write the document. Offered
  suggestions.

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• Approved on July 2, 1776.
• Began signing on July 4, 1776.
• John Dunlap, GPO, prints numerous broadsides.
• All had signed by August 4, 1776.

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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

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Articles of Confederation has Problems
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Weaknesses of the A of C

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

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We NEED a stronger Government!!!

• Shays Rebellion scares a lot of people A
  Small Rebellion of Massachusetts farmers
• Cant decide what to do with the Northwest
  Territory
• Have a Constitutional Convention meet in
  Philadelphia, to rework the Articles
• Philadelphia in May 1787
• End up creating a new Constitution

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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
• 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

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Shays Rebellion-Americas first Civil War

• After war, Americans buying up luxury goods on
  credit. British began demanding money back,
  British leaned on importers, who leaned on
  shopkeepers, who leaned on farmers (most of whom
  were veterans of the Revolution) who had no
  money.
• Farmers that lacked money, were put in debtors
  prison, sometimes for life.
• In Massachusetts, the state government raised
  taxes to pay off war debt (but where would money
  come from?)

• Farmers were hardest hit, so they banned together
  and rebelled, closing courthouses and burning
  records of debt. As the rebellion grew, the
  people looked to national government, which could
  do nothing because of Articles

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Constitutional Conflict!!!
Lots of ideas Decided to throw out the old
Constitution what to do now?

• 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
• The delegates are upset!

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Decisions and Compromises
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The Virginia Plan

• Introduced by Edmund Randolph.
• Governmental Plan
• Strong bicameral legislature.
• Lower house chosen by the people.
• Upper house chosen by the lower.
• Strong national executive chosen by legislature.
• National judiciary appointed by legislature.
• Problem Larger populated states would control.

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The New Jersey Plan

• Introduced by William Paterson.
• Governmental Plan
• Keep main provisions of Articles of
  Confederation.
• Unicameral legislature, one vote for each state.
• Strengthen Congress by giving it certain powers.
• Weak executive branch would be chosen by
  Congress.
• National judiciary with limited power chosen by
  Congress.

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The Two Compromises

• The Connecticut Compromise.
• Introduced by Roger Sherman.
• Governmental Plan
• Legislature be bicameral
• House of Representatives based on state
  population.
• Senate with two members from each state.
• The Three-Fifths Compromise.
• South heavily populated with slaves.
• 3/5 of them would be counted for tax purposes and
  representation.
• Also agreed Congress would not ban slave trade
  until 1808.

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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.

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Declaration of Independence

• Parts
• Statement of Purpose
• Specific complaints against Britain.
• Determination of Separation.

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Revolution

• The Declaration of Independence was based on the
  idea that government was a social contract
  between the people and WE have a right to break
  it when OUR natural rights are violated.
• The foundation of our Empire was not laid in the
  gloomy age of Ignorance and Suspicions, but at an
  Epoch when the rights of mankind were better
  understood and more clearly define, than at any
  former period.-George Washington

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Articles of Confederation

• Adopted in 1781, the Articles was the first
  government of the new United States.
• The Articles of Confederation was designed around
  the idea of a confederation (a loose collection
  of states) where the states retained the power
  and the national government had only specific and
  limited powers.
• The Articles was a league of friendship and an
  attempt to prevent the same government the
  Americans rebelled from.

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Articles of Confederation

• Weakness of Articles
• 1. No executive branch
• 2. Central government could not collect taxes
  (and states didnt have to pay them)

• 3. No federal judiciary to settle interstate
  disputes
• 4. Unanimous consent of states to pass
  amendments
• 5. 1 state-1 vote
• 6. No regulation of interstate or foreign
  commerce

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Other post-Revolution issues

• British refused to leave forts in the north
• Indians being supplied by British to raid the
  frontier
• Barbary pirates raiding American shipping
• America shut out of British West Indies
• Huge war debt
• Conflicting state trade arrangements

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Impact of Shays rebellion

• Following rebellion, Washington was quoted as
  saying, What a triumph for our enemies to find
  that we are incapable of governing ourselves.
• And, Good God! who besides a Briton predicted
  them! were these people wiser than others, or did
  they judge of us from the corruption, and
  depravity of their own hearts? The latter I am
  persuaded was the case, and that notwithstanding
  the boasted virtue of America, we are far gone in
  every thing ignoble and bad.
• Calls for a convention to revise the Articles
  went out, and on May 25, 1787 delegates began
  working on the Constitution.
• By the way, Shay fled to Vermont, pardoned in
  1788, received his promised 20 a month pension
  by 1820 and died in 1825.

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Food for Thought

• Washington also said of the Revolution At this
  auspicious period, the United States came into
  existence as a Nation, and if their Citizens
  should not be completely free and happy, the
  fault will be entirely their own.