Formal Amendment Process

1. English settlers brought knowledge of political system to establish laws, customs, practicesColonists brought three ideas:1. Ordered government - created local government based on those people known in England Ex. (sheriff, coroner, assessor, justice of peace, grand jury)2. Limited government - each individual has certain rights that they can not take away; gov’t power - people should have voice on what gov’t should do or not3. Representative government - gov’t serve will of people; public policies made by officials who are selected by voters and held accountable to them in periodic elections

2. 3 Documents1215 - Magna Carta “Great Charter”(King John forced to sign) Charter establishing the principle power of monarchy is NOT absoluteProtecting people’s rights like; trial by jury; due process of law; protection against arbitrarily taking life, liberty or property.1628 - Petition of Right - Challenged Divine Right of King– Monarch must obey law of land-Limited king’s power by notallowing king to imprison political critics without trial by jury -Not rule by military during peacetime and not have to shelter troops with consent- THIS WAS ONLY A PETITION, NOT A LIST OF DEMANDS. King needed money to fight a war with France so agreed to it until he got the money and then abused his authority.1689 -English Bill of Rights-written by Parliament to prevent abuse of power by English monarchs -Monarchs had to follow the laws of Parliament-Citizens had a right to petition to the gov’t and vote for members of Parliament-Prohibited standing army in peacetime except with consent of Parliament-guaranteed rights to a fair & speedy trial, freedom from excessive bail, cruel and unusual punishment.

3. Three different kinds of colonies1. Royal Colony(NH, NY, NJ, VA, NC, SC, GA, MA)- subject to direct control of crown. -King named governor and a council. -Legislature is bicameral = 2 houses -Council became Upper house in legislature and highest court in colony. -Lower house = legislators elected by those property owners who vote shared with governor’s power = (power of the purse) tax & spending. -Laws passed had to be approved by Governor and King2. Proprietary Colony(MD, PA, DE) - 3 colonies; PA-unicameral; MD, DE – bicameralProprietor - a person the king made a grant of land. By charter, land could be governed and settled to his choosing; MD = granted to Lord Baltimore; PA, DE = William Penn; Governor appointed by proprietor.3. Charter Colony- CT, RI MASS BAY = 1st - self governed by colonists. -Governors elected yearly by male property owners. -Used a bicameral system. -Laws made are not subject to governor’s veto or king’s approval. -Judges appointed by legislature; Appeals to law could be taken to king

4. 1643 - Mass, Plymouth, New Haven, Connecticut =New England Confederationformed a “league of friendship” (joining of several groups for a common purpose) to defend against American Indians; Dissolved 16841754 - Albany Plan of UnionBritish Board of Trade had meeting with 7 northern colonies to discuss colonial trade and dangers of attack by French & IndiansBenjamin Franklin proposed the ALBANY PLAN OF UNION = formation of annual Congress with delegates from 13 colonies.Body would have power to: raise military and armed forces, make war and peace with Native Americans, regulate trade, levy tax, collect custom duties, it was agreed by delegates but denied by colonies and rejected by Crown.1760 - George III began to create restrictive trading acts and enforcing new taxes to support the British troops in America SUGAR ACT – tax on foreign-made molassesColonists objected to taxes “taxation w/o representation”Saw little need for the costly presence of British troops since French were defeated (Fr./Indian War 1754-63)Colonist refused to accept Parliament had a right to control their local affairs.

5. 1765 - Stamp ActParliament passed new laws; use of tax stamps on all legal documents, business agreements, newspapers; rates were severe and colonists were made b/c of “taxation w/o representation”; Delegates from 9 colonies sent reps to Stamp Act Congress - NY and prepared a strong protest. Parliament repealed the Stamp Act; but made new laws that were stricter.1765 – 9 colonies came together and wrote the Declaration of Rights and Grievances to the King- protesting Britains’ colonial policies and agreed to boycott British products.1767 – Townshend Act – taxed goods that were imported into the colony from Britain such as: lead, glass, paint, paper1770 - Mob violence erupted at port, boycotts of English goods. British troops in Boston fired on crowd killing 5 including Crispus Attucks, a runaway slave ?= Boston Massacre1773 Tea Act was created to save the British East India Co. sell tea to colonist tax free which would have cut out colonial merchants out of the tea trade. Colonist protested

6. 1773 - Boston Tea Party - group of men disguised as Native Americans boarded 3 ships in Boston Harbor dumped East India’s tea in the waterColonist boycotted English goods1774 - 56 delegates - 1st Continental Congress met in Philly to discuss plan of action. Created and wrote theDeclaration of Rights to the King- protesting Britains’ colonial policies and agreed to boycott British products.1st time colonies joined together to oppose the Parliament1774 - Parliament passed more laws to punish colonist in Boston - Intolerable ActsApril 19, 1775 - Revolution had begun - “shot heard around the world” - Battles of Lexington/ConcordMay 10, 1775 - 2nd Continental Congress met in PhillyEach 13 colonies sent representatives to discuss independence. Hancock chosen President of CongressWashington appointed Commander Chief of the Continental ArmyThomas Jefferson took Washington’s place - VA delegate

7. 1775 , June– Battle of Bunker Hill; colonist defeated1775, July – Continental Congress sent the king Olive Branch Petition = to have peace between colonist and Britain; King refused1776 - Became nation’s first national gov’t - Declaration of IndependenceDescribes the basic rights on which nation was foundedCongress named the committee of five = Franklin, J. Adams, R. Sherman, R. Livingston, T. JeffersonDeclaration of Independence mostly written by Thomas JeffersonJuly 4, 1776 - NH replaced royal charter with constitutiondef: Constitution - bodies of fundamental laws setting out the principles, structures, and processes of their gov’ts.1776-77 most states drafted their own constitutions

8. Common Principles (Features )of States Constitutions1. Popular Sovereignty - gov’t exist only with consent of the governed (people hold power & are sovereign)2. Limited Gov’t3. Civil Rights & liberties - sovereign people had certain rights gov’t must respect; some had bill of rights.4. Checks and Balances AND Separation of Powers

9. Articles of Confederation ( A of C ) – approved November, 1777STRUCTURE of the Articles of Confederation is:-unicameral (1 vote for each state regardless of size or wealth)-executive and judicial function handled by committee in Congress-President of Congress chosen by legislature annually. Act as presiding officer.-Delegates from each state elected annually.Strengths of the A of C- make war, peace and treaties- send and receive ambassadors- set up a money system- establish a post offices- build a navy and raise an army - (asking states for troops)- fix uniform standards of weights and measures- settle disputes among the states

10. Weaknesses of the A of C1 vote for each state regardless size- no power to tax- must borrow money from states- no power to regulate between states and foreign commerce- could not force states to obey A of C- 9/13 states to consent to action- Articles could be amended only with unanimous consent (all 13 colonies)- no executive to enforce acts of Congress- no national court systemObligations of the States-Pledged to obey A of C and Acts of Congress-States would provide funds & troops requested by Congress-treat citizens of other states FAIRLY & EQUALLY-give FULL FAITH & CREDIT to public acts, records, and judicial proceedings of every other State.-States agreed to surrender fugitives from justice to one another-allow open travel and trade between states-responsible for protecting life & property and accountable for promoting general welfare of people.

11. Problems Facing the New Nation - The Treaty of Paris was signed. US experienced problems:no international experienceHad to reestablish trade relations with foreign nationsdeal with financial problemsOwed money to both foreign nations and to US citizensThe states of the NEW NATION would soon prove to be “UNITED” in name onlyStates competed against each other for British favor and economic advantage(ONLY TIME STATES GOT TOGETHER was Revolutionary War b/c suited their needs.)Problems with TradeUS goods exported to any port in the British Empire had to be carried on British shipsHurt American shipping industryUS goods that competed with British made goods were barred altogetherTo keep British production going - Brit. Merchants began flooding American markets with inexpensive goods that competed with similar goods made in the USHurt US industries and couldn’t compete with a more cheaply manufactured Brit. Good.REMEDY: Establish a tariff on British goodsWEAKNESS - Prevented Congress from imposing any taxes, including tariffs on imports. Individual states could levy tariffs but NOT binding on other states

12. Problems Financing the NationUS owed several huge debts - foreign gov’t: France, Holland, SpainCongress made requests from citizens for loansEach of the 13 states had own similar debtsCongress had issued 4 ½ million dollars in paper money called CONTINENTAL DOLLARSNo backing of money like gold created HIGH LEVELS OF INFLATION and decreasing the value of dollarStates also issued money to meet debt...15 different kinds of money circulating the country - all depreciated in valueREMEDY: pass a tax to raise revenueForce states to stop printing paper moneyWEAKNESS -nat’l gov’t had NO power to tax & NO power to enforce laws or restrictions to the states.

13. Problems in Foreign RelationsUS very weak militarilyArmy disbanded due to lack of fundsNavy borrowed ships from FranceUS was weak and stronger countries took advantageBrit passed series of NAVAGATION ACTS - closed British West Indies ports, forbade importation of N.England fish, levied taxes on American ships in other British portsSpain closed the Mississippi River and port of New Orleans to American Shipping.States continued to hold British citizens’ property - violation of the Treaty of ParisBritain kept troops stationed in forts along the frontier to harass American settlers coming across the Appalachian Mts.US dealt with piracy of Morocco, Algiers, and Libya REMEDIES: Raise an army to enforce lawsraise a navy to protect American shippingWEAKNESS- Congress had power to raise army but NO MONEY

14. Problems with Interstate RelationsStates competed with each other economicallyGoods shipped from one state to another were often subjected to IMPORT TAXIf states couldn’t pass a tariff, its citizens would boycottStates tried to control ships traveling along border riversCourts commissioned by Congress to resolve dispute but states often chose not to follow the court’s decisionStates not meeting financial obligation and honoring Congress’ requests for fundsStates did not help pay for the national debt and ignored Congress.REMEDIES: Pass laws to control interstate tradeForce states to comply with financial and treaty obligationsWEAKNESS - 2/3 majority requirement made it difficult to pass any lawDidn’t provide Congress with any authority to enforce its laws(States didn’t have to comply with financial and treaty obligations)

15. October 19, 1781 - Revolutionary war endedSigned Treaty of Paris in 1783Many economic and political problems arose after war. States taxing each other, bickering, not trusting each other, debt, no strong central gov’t, states printed own money, ECONOMIC CHAOSConsequences of A of C- bickering among states- economic chaos- Shay’s rebellion1786 - Shays Rebellion- series of armed attacks on courthouses from a group of farmers led by revolutionary war Captain Shay to prevent judges from foreclosing on their farm.Small farmers unable to pay their debts threatened with mortgage foreclosuresSome legislators were more sympathetic to debtors and adopted policies to help themRebellion - reaffirmed the belief of the delegates that new fed gov’t needed to be a stronger one.

16. What were the achievements of the First National Government under the Aof C?1. Revolutionary War was conducted under this government and it secured recognition of American independence by European governments. Negotiated a peace treaty with Britain.2. NW Ordinance 1787 - - defined NW territory- created plan for its government- ordinance provided for 5 states (OH, IN, IL, MI, WI); N of Ohio River and E of Mississippi River- states would provide education and slavery prohibited from those lands3. Increased democracy and liberty for white males4. Expanded political participation brought New Middle Class to power

17. 1786, September - Annapolis, MD - was a low turnout of representative so set up another meeting date. They wanted to -discuss problem of the A of C; May, 1787 = called Constitutional Convention to get together in Philadelphia, PA to revise the A of C12 states came to revise A of C b/c amending Articles required unanimous consent===IMPOSSIBLE55 delegates pledged their SECRECY and ignored instructions or revising the A of C and began writing Constitution (may disagree on many issues but agreed on writing constitution)

18. VA PLAN-Edmond Randolph and James Madison -May 29 largely the work of Madison was presented by Randolph-representation of each state in Congress in proportion to that state’s population or money given to support gov’t- bicameral legislation- H of R - popular election- Senate - chosen by House of Representatives from list of nominees by State reps- 3 branches- it would have all powers from A of C and make laws for states, override state law, and force states to obey national laws- Congress choose members of judicial branch and Pres- National Executive and Judiciary could veto but can be overridden by two houses - Executive would have general authority to execute all national lawsVA Plan brought up 2 questions:1. What powers should the national gov’t be given?power to tax, regulate interstate trade, raise and fund army & navy and call on militia to enforce laws and put down insurrections.2. How much power should the national gov’t be given?Large/Small states CLASHED re: proportional representation...large states favored, small states did not. Ex. VA would have 16 delegates and RI would have 1 delegate.

19. NEW JERSEY PLAN- maintained features of A of C - William Patterson , JUNE 15th introduced plan.- equal representation of each state in Congress regardless of state’s population- unicameral - elected by State legislatives rather than voted by the people- Executive more than one person chosen by Congress and removed by majority request of States governors- Judiciary appointed by Executive

20. To gain ratification of the new constitution, three compromises were made:1. Great Compromise or Connecticut CompromiseFor both large & small states; bicameral Senate = equal representation House = based on population2. 3/5 Compromise - Should slaves be counted in the population of the southern States?- Slaves would be counted in population (3/5 of person); for the benefit of the South- South must pay taxes on those counted; for the benefit of the NorthRID of this 13th Amendment - 18653. Commerce & Slave Trade Compromise- No congressional interference with slave trade for 20 years 1808(benefit of south)- Congress could not tax export goods from any state- Congress has power to regulate foreign and interstate trade

21. Federal judiciary was made an APPELLATE COURT - power to hear only cases appealed from lower courts.QUESTION: Which branch would declare state laws unconstitutional?SUPREMACY CLAUSE implied the Federal judicial branch would have this powerSC affirmed power from MARBURY v. MADISON where courts ruled part of the federal law unconstitutionalMarbury v. Madison, 1803Questions raised in the case:1. Did Marbury have a right to receive the commission?2. Was the government required to make amends?3. If the government was required to make amends, did that mean that Madison must be ordered to deliver Marbury’s commission as Marbury had requested?4.. Why wasn’t this the right court to issue it?

22. Marbury took advantage of a law passed by Congress that allowed complaints such as his to be taken straight to SC instead of going through the lower courts.Chief Justice Marshall said that the law was unconstitutional. Constitution mentions several kinds of cases that can be brought straight to the SC. All other kinds of cases must go through the lower courts first. = JUDICIAL REVIEWWhen 2 laws come into conflict, judges must obey the higher of them. = SUPREMACY CLAUSEA citizen of one state cannot sue another state in Federal Court. (Brown or Ohio can not sue State of PA)(A person can sue state in State court)SC - Original jurisdiction - affecting the representatives of foreign countries, ambassadors, ministers, consuls a state is a party

23. MADISONIAN MODELFounders believed that human nature was self-interested and that inequalities of wealth were the principal source of political conflict.They believed that protecting private property was a key purpose of government.Madison and others feared MAJORITY and MINORITY FACTIONS. To avoid tyranny by the majority, Madison believed it was essential to keep most of the government beyond their power.Madison’s plan:Voters electoral influence was limited and Mostly INDIRECT.House of Representatives would be DIRECT ELECTIONSenators elected by State Legislatures (17th Amendment 1913 changed to direct election) (6 yr. Term)Presidents would be INDIRECTLY elected by ELECTORAL COLLEGEJudges were nominated by the president (life term)(Gov’t officials elected by small minority vs. entire population)

24. To prevent the possibility of tyranny of the majority, Madison proposed:System of SEPARATION OF POWERS – 3 branches independent of one anotherSystem of CHECKS and BALANCES - powers not completely separate. The branches required the CONSENT of others for many of its actions.Marbury v. Madison - JUDICIAL BRANCH asserted itself to CHECK BRANCHES through JUDICIAL REVIEWFramers DID NOT favor DIRECT DEMOCRACY. They chose a REPUBLIC - system based on the consent of the governed in which power is exercised by REPRESENTATIVES of the public.Madison’s model encourages MODERATION and COMPROMISE and slow change.Delegates crafted a system of CHECKS & BALANCES: Delegates placed limits on direct democracy. Federal Judges would be appointed by the President with consent of the Senate. Both senators and president would not be directly voted by the people. (Until 17th amendment (1913) citizens vote for Senator)FEDERALISM was created. Federal powers were EXPRESSED and states powers were RESERVED.

25. Formal Amendment Process

26. InFormal Amendments1. Basic Legislation – passage of laws that redefine OR define words of the Constitutionex. Constitution provides for 1 Supreme Court and inferior courtsJudiciary Act 1789 – all federal courts have been Acts of Congressdefining regulation of interstate commerce2. Executive Action – using Presidential powers to act independently of Congressex. Constitution says only Congress can declare warPresident can make war with Congress declaringExecutive Agreement is legally bound as a treaty but not approved by Senate3. Court Decision – using court cases to interpret the ConstitutionMarbury v. Madison

27. Informal Amendment 4. Party Practices – using practices of political parties to change political processes Constitution does not mention political parties no law provides for nomination of president candidacy parties have converted the EC for the popular vote most of Congress conducts business on basis of party5. Custom – converting traditions to constitutional necessity 15 Executive Departments make up cabinet When President dies, VP would succeed…not made until 25thamendment

29. Feelings and arguments of the Federalists and Anti-Federalists during the ratification process:Federalists Anti-Federalists James Madison, Alexander Hamilton Patrick Henry, Samuel AdamsJohn Jay, John Hancock Richard Henry Leelarge landowner, wealthy merchants, professional small farmers, shopkeepers, laborersstrong central government strong state governmentissues with slave trade lack of God - absence in documenthold states unified objected ratification processless concern for individual liberties wanted a Bill of Rightsindirect elections of officials direct election of officialslonger terms shorter termsnational currency denial of state to print moneyConstitution day - written September 17, 1787 1789 - Constitution ratified