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The Road to the Constitution. Civics. Colonial Background. 1607 Eng. Govt. sent a group of farmers to establish a trading post , called Jamestown, now VA The Virginia company was the first to establish a permanent colony in the Americas
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The Road to the Constitution Civics
Colonial Background • 1607 Eng. Govt. sent a group of farmers to establish a trading post , called Jamestown, now VA • The Virginia company was the first to establish a permanent colony in the Americas • The King gave the backers of the colony a charter granting them “full power and authority” to make laws.
Jamestown • The colonists created representative assembly – a leg. made up of individuals who represent the population • Many died 105 who landed 67 died in first year • 800 new arrivals came in 1609 by spring of 1610 numbers cut to 60. of 6000 who came from 1607-1623 about 4,800 died-
Separatists / the Mayflower Compact • 1620 first New England colonists landed at Plymouth ( Massachusetts) • Made up of a group of extreme separatists who wanted to break with Anglican Church • Before going on shore they ( adult males) (Women still did all the work but had no political rights) drew up the Mayflower Compact signed by 41 of 44 men Nov. 21, 1620
Why the Compact • The group was outside the jurisdiction of the VA. Co. of London which chartered in VA not Massachusetts. • Separatist leaders thought that some passengers might think they did not have to follow obligations of civil obedience • So some public authority had to be established – rumors and mutinous speeches on the ships
What was the Compact • Not a constitution • Was a political statement • Signers agreed to create and submit to the authority of govt. pending receipt of a royal charter
Why is the Compact Significant? • Historical and political significance • It depended on the consent of the affected individuals • It also served as the prototype for similar compacts in American History • Proved they wanted to live under rule of law based on consent of the people
More Colonies • Then in 1630 the Mass. Bay Colony was set up • Then Rhode Island, Connecticut, New Hampshire , and others the last in 1732 of the original 13 was Georgia • Used limited govt, London governed the colonies , they did have large measure of self-govt. • A lot of colonial laws foreshadowed the Constitution and Bill of Rights
Colonial Conflict • Began in 1760’s when G.B. decided to raise revenues by imposing taxes on Am. Colonies • Advisors to King George III ( 1760) convinced him that it made sense to tax the colonies to pay for defending them in French and Indian War (1756-1763)
No taxation without representation!!! • In 1764 British parliament passed the Sugar Act • Colonists unwilling to pay it • 1765 passed the Stamp Act providing for internal taxation – taxation without representation • Created the Stamp Act Congress (1765) • Colonists boycotted the purchase of English commodities
No Taxation without Representation!!!! • Continued to impose taxes on glass, lead, paint, and other items in 1767 - They boycotted again • The colonists fury over taxation climaxed in Boston Tea Party colonists dressed as Mohawk Indians dumped 350 chests of tea into Boston Harbor
British response • In response to Tea Party in 1774 Parliament passed the Intolerable Acts • Closed the Boston Harbor • Placed Massachusetts under direct British control • Colonists outraged
The First Continental CongressSept. 5 , 1774 • Created due to passage of Intolerable acts • Caused colonists to send delegates to a meeting to discuss matters and make plans for action • Only 12 sent delegates Georgia did not attend until 1775 • Little talk of independence • Delegates passed resolution to send delegation to petition King George III expressing their grievances
First Continental Congress • Also passed resolutions to require colonies to raise their own troops and boycott British trade • They also declared that a committee be created in every county and city that would spy and report to the press anyone not participating in the boycott • Cooperation which was a step to forming national govt.
Response of Crown to Congress • King George III and the British govt. condemned the actions of the Congress and treated them as open acts of rebellion
2nd Continental Congress • In May of 1775 a new congress met but by now the Revolution had begun • Notable newcomers attended including Ben Franklin and John Hancock who was selected as president • They organized a govt. an established an army led by George Washington who was elected as commander in chief • First govt. until Articles of Confederation
2nd Continental Congress • Lasted from the signing of the Declaration to March 1, 1781 – Articles • The Congress was unicameral- 1 house • Exercising both legislative and executive powers • Each colony had one vote • Executive functions were handled by a committee of delegates
Public reaction • Thomas Paine’s, Common Sense , pamphlet appeared on Philadelphia bookstores and became a best seller basically saying that they needed to form a constitution of their own
Second Continental Congress • On April 6 , they voted for free trade at all Am. Ports with all countries but Britain • Interpreted as declaration of independence • The next month the Congress suggested that each of the colonies establish state governments unconnected to Britain • Then on July 2, the Resolution of Independence was adopted
Declaration of Independence July 4, 1776 • Mostly written by Thomas Jefferson but also Adams, Franklin, Roger Sherman, and Robert Livingston ) • Inspired by Locke, Rousseau and Montesquieu • Natural Rights as they relate to life, liberty and property • The consent of the governed • Limited government • D of I opens with Jefferson invoking Locke philosophy… “Life, liberty, pursuit of happiness” • Jefferson continues by listing grievances against George III for violating inalienable rights
I do declare • Jefferson had to take out a phrase about condemnation of slave trade to gain acceptance of the Georgia and North Carolina • July 19 became unanimous declaration of 13 colonies • Aug. 2, signed by the members of the 2nd Continental Congress
Philosophical Basis • The use of Locke’s “unalienable rights” reveals influence from Two Treatises on Govt. ( 1690) is cornerstone to natural rights • Locke argued all people had right to life , liberty, and property and govt. had to protect those rights • Govt. est. by the people through social contract – form a govt. and abide by rules • Like Mayflower Compact – not new
Philosophical Basis • In citing “pursuit of happiness “ instead of property T.J. went even further than Locke • Mostly it lists what He, King George III did to the colonists
The Grievances • Case against G.B. • No taxation without representation • Unjust trials • Quartering of British soldiers • Abolition of colonial assemblies • Policy of mercantilism ( the belief that to become wealthy and powerful a govt. had to accumulate gold and sliver – export more than they import- have raw materials – need for colonies)
Statement of Separation • Jefferson said the colonists had no choice but to revolt • England had a superior navy and resources to support a war • But colonists had knowledge of the land, leadership and the desire to be free
Goals of the Founders • Create a government based on idea of consent of the governed • State government s – urged to adopt their own constitutions • Most granted same rights as they had under British rule • They varied widely in detail • All of them gave little power to the governor • Political authority given to legislature and short elective terms
Goals of the Founders • Power was not centralized – could and would not have a king • Even though they said “ all men were equal” this was only meant to apply to white men • Property as an indicator of wealth and status was also a requirement for political office
Articles of Confederation • Was drafted in June 1776 by the Second Continental Congress • Final form made by Nov. 15, 1777 • March 1 1781 did the last state MD. Ratify it ( implemented before this) • First govt. of the U.S. • Relied on states to make decisions that would ultimately determine whether a new nation would survive
A of C: 2 levels of govt. • Weak national government • One-house ( unicameral) Congress • Could declare war , make peace, sign treaties • Could borrow money but no power to tax the states • There was a national army and navy, no power to draft soldiers • No chief executive or national court • Legislation had to have 2/3 majority to pass • Amendments had to be unanimous
Features of New State governments • Popular Sovereignty- states existed by consent of the governed , people who hold the power and the people are sovereign • Limited govt. - the power of the State’s government was restricted • Civil Rights and liberties- each state clearly announced the rights of its citizens • 7 of the new contained a form of “ bill of rights
Features of New State govt. • Separation of power and Checks and Balances – each state govt. organized with independent branches of govt.
A of C: Dominate State govts. • State govt. had to be dominant • Created their own currency • Refused to amend the Articles • Refused to recognize treaties made by national government • Imposed tariffs on each other
What was in the Articles • Formed a govt. of the states called the Congress of the Confederation • Established a “firm league of friendship “ among the states that came together “ for the common defense and securtiy of liberty and their mutual and general welfare • Most power rested with states
A of C : Govt. Structure • Govt. under articles was unicameral • No executive or judiciary • Delegates chose annually – as determined by states • Executive and judiciary handled by committee of Congress • Congress chose one of its members as “president” but not of U.S. this would be done annually
Powers of Congress • Most powers related to common defense and foreign affairs • Under the A of C Congress had the power to maintain an army and a navy
State Obligations • The States agreed to accept several obligations to the central govt. • They retained many powers of govt. for themselves • Required to give full faith credit and generally accept horizontal federalism ( allocation of power among co-equal states • States retained powers not given to Congress
Who had power in states • Power began to shift to farmers and craft workers in the states who emerged as the middle class • Small farmers began to dominate state politics • Led to opposing political parties ( Federalists and Anti-Federalists)
Trying to fix the A of C • Efforts to correct problems informal at first • Like conferences to deal with commerce disagreements between states • One was in Annapolis was poorly attended and led to a call for a Philadelphia Convention
Shays’ Rebellion-Aug. 1786 • Farmers returning from Rev. War faced with extremely high taxes for which they had no money – severe depression and fields were fallow • Farms were foreclosed upon also govt. owed them back pay for military service in Rev. • Daniel Shays led a group of farmers to take over the Massachusetts State Armory and interrupt trials of debtors in Springfield Massachusetts • Revolt succeeded in pointing out weaknesses of the new govt.
Shay’s Rebellion • Jefferson did sympathize with them • However the governor of Mass. Called on Congress to put down rebellion but there was no army so he was able to raise enough money to raise a militia
Shay’s Rebellion • Showed central govt . Could not protect citizens from armed rebellion or provide for the public welfare • Pointed out that Congress and the army were weak and mob action was increasing • At Virginia’s urging five states met at the Annapolis Convention in late 1786 to address crisis it was inconclusive • They recommended to have a constitutional convention of all the states to be held following spring in Philadelphia to amend A of F
Weaknesses under A of C • Govt. lacked the power to levy taxes • Could not regulate trade between states • No power to make the states obey A of C • Could only exercise powers with the consent of 9 of the 11 state delegations • No amendments added because it had to be unanimous among 13 states
Successes • During 8 years of existence state’s claims to western lands Settled • Maryland had objected to land claims by Carolinas, Conn., Georgia, Mass, N.Y. and Virginia until they gave land claims up to U.S. as a whole only did MD. Ratify the A of C
Successes under A of C • Northwest Ordinance of 1787 established a pattern of government for new territories north of the Ohio River • First pooling of resources by the Am. States
The Philadelphia Convention • The delegates ignored the delegates request to amend A of F and decided to draft a new plan of govt. • With the exception of Rhode Island the rest of the states sent 55 delegates to the Convention in 1789
Philadelphia: Constitutional Convention • Make up of delegation • All men, all white • Average age -42 (Ben was oldest at 81) youngest 26 • Most had important roles in Revolution • Most served in state legislature ( 7 former governors) • Most were of moderate means , some wealthy • None were poor • Some attended college (31) • Many were merchants, 33 lawyers, farmers & bankers • 7 plantation owners, 8 business leaders
Founders and their beliefs • Original intent was to reform the Articles , but most realized reform was not enough • Shared a cynical belief that people should not be given power to govern freely – checks had to be put in place • Many came from upper and new middle class factions started to show that would exist not only in society, but in politics as well
Key Concepts of Founders • William Blackstone’s Commentaries on the Laws of England, Montesquieu’s, The Spirit of the Law, and Rousseau’s ,Social Contract , all showed popular sovereignty ( right to rule yourself) and limited govt. ( not too powerful) • From Locke , Second Treatise of Civil Govt. , also gave Framers idea of judicial review ( determine constitutionality of laws)
Key concepts continued • From the many state constitutions the Framers developed ideas of Checks and Balances and Separation of Powers
Key Agreements • Major disagreement over representation in Congress • Two plans develop Virginia Plan and New Jersey Plan