Foundations of the Constitution

1. Foundations of the Constitution

2. 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.

3. 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.

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

5. 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.

6. 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.

7. 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.

8. There’s a War to pay for!!! 1765 Stamp Act First direct Act. Repealed in 1766, but…

9. The Coercive ActsorThe Intolerable Acts • All Acts were directed at reminding the colonists of who was in control – Britain.

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

11. 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.

12. 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.

13. 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.

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

15. 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

16. Articles of Confederation has Problems

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

18. We NEED a stronger Government!!! “Shay’s Rebellion” scares a lot of people – A Small Rebellion of Massachusetts farmers Can’t 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

19. 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

20. Shay’s Rebellion-America’s first Civil War • After war, American’s 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

21. 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!

22. Decisions and Compromises

23. 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.

24. 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.

25. 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.

26. 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.”

27. Declaration of Independence • Parts: • Statement of Purpose • Specific complaints against Britain. • Determination of Separation.

28. 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

29. 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.

30. Weakness of Articles: 1. No executive branch 2. Central government could not collect taxes (and states didn’t 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 Articles of Confederation

31. 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

32. Impact of Shay’s 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.

33. 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.”