Download Founding and Constitution Lecture Notes

Chapter 2
The Founding and
the Constitution
Colonial Experiences
• From 1607-1776, the American colonies were in a
continuous state of political self-development
What factors contributed to this?
Colonial Experiences
• Colonial Charters
- Each colony was founded on the basis of a charter
from the King.
- Royal, proprietary, and charter colonies were
founded.
- Authority of governors, legislatures, and judges
depended on the type of colony and its charter.
Colonial Experiences
• House of Burgesses
- 1619, Virginia established the first representative
legislature in the colonies.
- Only adult male property owners could vote for its
members.
Colonial Experiences
• Mayflower Compact
- 1620, colonists aboard the Mayflower signed an
agreement that established a government for the
colony.
- Based on the ideas of consent of the governed and
limitations on the authority of government.
The Founding and the Constitution
The First Founding: Interests and Conflicts
• Americans had different financial interests prior to
the Revolution.
–
–
–
–
–
New England merchants
Southern planters
Royalists
Shopkeepers, artisans, and laborers
Small farmers
British Taxes and Colonial Interests
The First Founding: Interests and Conflicts
• Early Tax Revolts
– Sugar Act 1764
• Enforced a previous tax on molasses
– The Stamp Act 1765
• Required printed materials to have a stamp on them
The First Founding: Interests and Conflicts
• The Boston Tea Party (1773)
– East India Trade Company had monopoly on importing tea
and sought to bypass the merchants by selling it directly to
the colonists
– Goal was to provoke a government clampdown
• Closed the Port of Boston and shut down the
Massachusetts government
The First Founding: Interests and Conflicts
• The Declaration of Independence, 1776
– Philosophical document stating that certain rights were
inalienable
– Political document explaining that since the king has
violated those rights, the colonists had the right to separate
– Addressed multiple audiences
The Declaration of Independence
The First Founding: Interests and Conflicts
• The Articles of Confederation, 1777–1789
–
–
–
–
First American government weak and ineffective
Created a confederation of 13 states
Weak central government with limited powers
Impractical government requiring 9 of 13 votes to pass
any laws, and all 13 to make amendments
– Prevented colonies from creating treaties
– Lacked an army or navy to protect citizens
– No taxing authority
Shays’ Rebellion
The Second Founding: From Compromise to
Constitution
• Shays’ Rebellion, 1787
– Goal was to prevent the court from repossessing debtridden lands held by poor farmers in western
Massachusetts
– The rebellion revealed the weaknesses of the new central
government, which lacked both the power to tax and also a
national army.
– Served as a focal point for those who would draft the new
constitution
The Second Founding: From Compromise to
Constitution
• Constitutional Convention, 1787
– Interests: the financial interests of the wealthy were better
protected under the new Constitution.
– Principles: the new Constitution embodied leading political
theories of the time regarding liberty, equality, and
democracy.
The Second Founding: From Compromise to
Constitution
• The Great Compromise: How to form the legislature?
– Virginia Plan: states would have delegates proportionate to
population or wealth.
– New Jersey Plan: each state would have equal
representation.
– Connecticut Compromise: equal representation in the
Senate, proportional in the House of Representatives.
The Second Founding: From Compromise to
Constitution
• Three Fifths Compromise
- Each state would count three-fifths of its slave
population for purposes of determining both
representation and taxation
• Commerce and Slave Trade Compromise
- Congress prohibited from taxing exports from the
states and from banning the slave trade for a period
of 20 years
The Question of Slavery: The Three-fifths
Compromise
WHO ARE AMERICANS?
Who Benefits from the
Great Compromise?
CHAPTER 2
WHO ARE AMERICANS?
Representation in the First Congress
Senate Seat
House of Representatives Seat
NC
MD
NY
MA
PA
VA
SOURCE: U.S. Census Bureau, www.census.gov (accessed 8/16/12).
SC
CT
NJ
GA
NH
DE
RI
WHO ARE AMERICANS?
State Populations, 1790*
1.
Virginia
747,610
2.
Pennsylvania
433,373
3.
Massachusetts
378,787
4.
New York
340,120
NH
NY
PA
5.
Maryland
319,728
6.
North Carolina
393,751
7.
South Carolina
8.
Connecticut
9.
New Jersey
MD
NC
184,139
11. New Hampshire
141,885
12. Delaware
59,096
13. Rhode Island
68,825
SOURCE: U.S. Census Bureau, www.census.gov (accessed 8/16/12).
CT
DE
VA
237,946
82,548
RI
NJ
249,073
10. Georgia
MA
SC
GA
* The framers calculated the number of representatives per state in 1787
using population estimates. The first census was not taken until 1790.
Total state population includes slave population. Slaves were counted as
3/5 of a person for purposes of apportioning seats in the House.
The Constitution
• Goals of the Framers
– A central government strong enough to promote commerce
and protect property against infringement by the states
– Prevent “excessive democracy”
– Emphasize ideas that would generate public support
– Restrain the federal government from impinging on
liberties and property rights
Preamble to the United States Constitution
• We the People of the United States, in
Order to form a more perfect union,
establish justice, insure domestic
tranquility, provide for the common
defense, promote the general welfare, and
secure the Blessings of liberty to ourselves
and our posterity (future), do ordain and
establish this Constitution for the United
States of America.
Influence of Enlightenment Thinkers
John Locke
1. Declaration of Independence
2. Preamble to the United States Constitution
3. Representative Government (Republic)
4. Limits on governmental power
Montesquieu
1. Separation of power
2. Branches of Government (Legislative,
Executive, Judicial)
3. Checks and Balances
Influence of Enlightenment Thinkers
Rousseau
1. Public election of Congress and President
2. Preamble to the United States Constitution
Voltaire
1. Bill of rights – Freedom of speech, expression,
religion
Beccaria
1. Bill of rights – Rights of the accused (speedy trial/
no cruel and unusual punishments)
The Constitution
• The Legislative Branch
– Most powerful branch of new government
– Two chambers: House and Senate
• Each has different powers
• Each is accountable to a different constituency
• Different term lengths (2 yrs. House, 6 yrs. Senate)
• Share some powers with the other branches
The Constitution
• Power and Consent
– New federal government far more powerful than the old.
How to build public trust?
• New powers specifically given mostly to Congress
– Congress directly accountable to the people in the
House
– Congress directly accountable to the states in the
Senate
• New powers were expressly written but flexible enough
to adapt and respond to public will
The Separation of Powers
The Constitution
• The Executive Branch
– The framers needed an executive both to offset the
potential power of the new Congress and to act with speed
during times of crisis.
– They also needed a unifying figure who would serve as the
Head of State.
The Constitution
• The Judicial Branch
– Goal was to nationalize government power through one
court that was supreme to all the others and that could
stand up to the other branches.
The Constitution
• National Unity and Power
– The Constitution had to allow states enough freedom to
pursue their own policies and unify the nation enough to
have a common economy.
– States were given tremendous leeway, but were asked to
respect contracts made in other states.
– The constitution stands supreme over state laws.
The Constitution
The Seven Articles of the Constitution
The Constitution
• Amending the Constitution
– The Articles of Confederation were extremely difficult to
amend; required unanimous vote.
– New Constitution requires supermajorities, but not
unanimity.
• It remains difficult and rare to amend, but more
plausible than Articles would allow.
The Constitution
• Limiting the National Government’s Power
– Separation of Powers with checks and balances
– Dividing constituencies to make officeholders accountable
to different elements of the public
– Federalism
– Bill of Rights
The Constitution
• Checks and Balances
The Fight for Ratification
• Ratification was very controversial
– Federalists:
• Favored a stronger central government
• Federal control over the economy
• Clear property rights
• Government by elites
– Antifederalists:
• Favored the balance of power being with the states
• Clearly articulated rights (not just property)
• Government by leaders who shared the economic
interests of the people
The Fight for Ratification
The Fight for Ratification
• Federalists versus Antifederalists
• Conflict over three fundamental issues:
– Representation
– Tyranny
– How to limit the government
The Fight for Ratification
Representation
– Antifederalists wanted representatives who shared the
same financial interests and backgrounds as those they
represented.
• Feared only the rich would be elected and would act
against everyone else’s interests
– Federalists thought elections would keep the legislators
concerned for their constituents’ interests.
The Fight for Ratification
Tyranny
• Antifederalists were concerned government would
be controlled by the wealthy elite.
– Feared tyranny of a wealthy minority
• Federalists feared the mass electorate would team
up against the wealthy elite, who would always be in
the minority.
– Feared tyranny of an unsophisticated majority
The Fight for Ratification
Limiting Government Power
• Antifederalists wanted a weak central government
with enumerated powers and a Bill of Rights.
• Federalists saw the need for a strong central
government, and divided its powers to prevent
tyranny of the majority.
The Citizen’s Role and the Changing
Constitution
• Amending the Constitution
Amendments to the Constitution
Amendments to the Constitution (cont’d)
The Citizen’s Role and the Changing
Constitution
• The U.S. Constitution is “higher law.”
– Establishes a framework within which ordinary laws are
made
• The U.S. Constitution is a living document, and
hence our understanding of it changes over time,
even without amendment.
Public Opinion Poll
Do you believe the U.S. Constitution (1787) was
driven more by noble principles or political selfinterests?
a) Driven primarily by noble principles
b) Driven primarily by political self-interests
c) A mix of noble principles and political self-interests
Public Opinion Poll
Federalists and Antifederalists disagreed about
what most influenced elected officials and their
policy choices. Which do you think has the most
influence on the kinds of laws elected officials
support?
a) Their desire to get re-elected or hold higher office
b) Their personal wealth/economic class
c) Their personal opinions and feelings about issues
Public Opinion Poll
Do you think we would have different kinds of laws
if elected officials had the same economic
background as their average constituent, as the
Antifederalists believed?
a) Yes, our laws would be different if elected officials
had the same income as their constituents.
b) No, our laws would be the same no matter the
income similarity or difference between elected
officials and those they represent.
Public Opinion Poll
Small and large states compromised significantly
on the structure of the legislature (think of the
electoral college, for example). As a result of these
compromises, do you think:
a)
b)
c)
d)
Small states have little influence on government.
Large states have little influence on government.
Small states have too much influence on gov’t.
Large states have too much influence on gov’t.
Public Opinion Poll
Considering the current number of amendments to
the U.S. Constitution, the number of amendments
that have failed, and the stability of our
Constitution, do you believe the process for
amending the U.S. Constitution is too difficult,
about right, or too easy?
a) Too difficult
b) About right
c) Too easy
Chapter 2: The Founding and the Constitution
• Quizzes
• Flashcards
• Outlines
• Exercises
wwnorton.com/we-the-people
Following this slide, you will find additional images,
figures, and tables from the textbook.
British Taxes and Colonial Interests
The Three-Fifths Compromise
The Constitution, the U.S. Postal System, and
the Internet
The American Constitution: A Model for the
World?
The Supreme Court and Constitutional
Amendments
The Declaration of Independence
The American Constitution: A Model for the
World?
The Eighteenth Amendment
The Eighteenth Amendment
The Eighteenth Amendment