Chap 2 Founding and Constitution.pdf

Chapter 2 The Founding and the Constitution The Founding and the Constitution  The Founding: Overview The framers of the U.S. Constitution spelled out the purpose of government in Constitution’s preamble The purpose of government – To promote justice – To ma...

Chapter 2 The Founding and the Constitution The Founding and the Constitution  The Founding: Overview The framers of the U.S. Constitution spelled out the purpose of government in Constitution’s preamble The purpose of government – To promote justice – To maintain peace at home – To defend the nation from foreign foes – To provide for the welfare of the citizenry – To secure “the blessings of liberty” The First Founding: Interests and Conflicts The American Revolution was an outgrowth of different interests within the colonies Five sectors of society with important interests were – New England merchants – Southern planters – Royalists (holders of royal lands, offices, and patents) – Shopkeepers, artisans, and laborers – Small farmers The First Founding: Interests and Conflicts 1 During the first half of the 1700s, Britain ruled its American colonies with a light hand This relationship changed when – the British government accumulated debt this debt came from waging the French and Indian War – Britain had to continue to protect the colonies The First Founding: Interests and Conflicts 2 Britain sought to impose new, though relatively modest, taxes on the colonists, which included the requirements of The Sugar Act of 1764 – It taxed sugar, molasses, and other commodities The Stamp Act of 1765 – It required printed materials to have a stamp on them The First Founding: Interests and Conflicts 3 Prior to imposing these new taxes, the merchants and wealthy planters were content with British colonial rule But the new taxes came at a high cost to their wealth The new taxes led to a coalition of different interests – The merchants and planters joined together with the lower classes This coalition was organized in protest – It was unified against the purchase of stamps; it also promoted a boycott of molasses  The Boston Tea Party Disagreements between the British and the colonists over taxation continued into the 1770s In 1773, the British government again took action – It granted the East India Company a monopoly on imported te The colonists, led by Samuel Adams, responded in protest – “Disguised” as Mohawk Indians, they boarded three British ships – They threw an entire cargo of tea into Boston Harbor The Declaration of Independence 1 In 1776, Second Continental Congress appointed a committee to draft a statement of independence The committee included – Thomas Jefferson of Virginia – Benjamin Franklin of Pennsylvania – Roger Sherman of Connecticut – John Adams of Massachusetts – Robert Livingston of New York The Declaration of Independence 2 The Declaration of Independence (1776) is A philosophical document – Heavily influenced by the views of John Locke – It states that certain rights are unalienable (life, liberty, and the pursuit of happiness) A political document – It explains that because the king had violated their individual rights, the colonists had the right to rebel and separate from Britain  The Articles of Confederation: Historical Context After declaring independence, the Continental Congress adopted the Articles of Confederation The Articles of Confederation (1777–1789) – The first written constitution of the United States – Ratified by all the states in 1781 – The state governments retained their “sovereignty, freedom, and independence” (they formed a confederation) https://www.youtube.com/watch?v=3KGG9afW7XY  The Articles of Confederation’s Characteristics Characteristics of the Articles of Confederation Weak central government – No president, only a legislature Impractical government – Each state had one vote regardless of population size – All 13 states had to agree to make amendments There was no national army or navy to protect the citizens The national government had no taxing authority  The Articles of Confederation’s Critics Some leaders questioned the Articles’ soundness Concerns focused on – Foreign affairs: Under the Articles, they were unable to enforce treaties – Economic matters: Currency inflation hurt business; land redistribution policies angered property owners Opponents of the Articles meet in Annapolis in 1786 – Delegates from five states attended the Annapolis Convention – The decision was made to meet one year later in Philadelphia  The Second Founding: Shays’s Rebellion Shays’s Rebellion in 1787 magnified concerns about the Articles of Confederation Daniel Shays, a former army captain, led the rebellion – Shays led a mob of farmers against the Massachusetts government The goal was to prevent repossession of debt-ridden lands – Most debt was held by poor farmers in western Massachusetts The rebellion failed but revealed the weaknesses of the Articles  The Second Founding: The Constitutional Convention Congress under the Articles of Confederation had been unable to act decisively in a time of crisis Led to the Constitutional Convention of 1787 – Economic interests: they sought to create a new government that promoted commerce and protected property – Political principles: the new Constitution embodied leading political theories regarding liberty, equality, and democracy  The Constitutional Convention: The Virginia Plan Edmund Randolph of Virginia offered a resolution proposing what became known as the “Virginia Plan” Calls for a system of representation based on – State population, the proportion of each state’s revenue contribution to national government, or both Opponents claimed the plan was biased in favor of the large states – Proposed the New Jersey Plan: each state was to have equal representation The Second Founding: The Great Compromise The Connecticut, or Great, Compromise bridged the differences between the Virginia Plan and the dew Jersey Plan The Great Compromise created a bicameral legislature – The House: representatives apportioned by the population in the state – The Senate: the states have equal representation, regardless of population  The Second Founding: The Three-Fifths Compromise To forge an agreement on the Constitution, the slave and nonslave states needed to reach a compromise The Three-Fifths Compromise – Seats in the House would be apportioned by “population,” in which five slaves would count as three free persons – The southern delegates would not agree to a new government unless the northerners agreed to bargain on this issue  The Constitution: Goals The framers sought several goals in the new government Goals of the framers – A central government strong enough to promote commerce and protect property against infringement by other states – Prevention of “excessive democracy” – Emphasis on ideas that would generate public support – Restraint of federal government from impinging on citizens’ liberties The Articles of Confederation versus the Constitution The Constitution: The Legislative Branch In Article I, the Constitution provided for a Congress consisting of two chambers (bicameral) House and Senate – Different term lengths (two years in the House, six years in the Senate) – Senate designed to guard against “excessive democracy” – Senate alone given power to ratify treaties and approve presidential appointments – House given sole power to originate revenue bills  The Constitution: Power and Consent 1 Section 8 of Article I lists the powers of Congress Congress has the authority to – Collect taxes – Borrow money – Regulate commerce – Declare war – Maintain an army and navy  The Constitution: Power and Consent 2 Congress has expressed powers and implied powers Expressed powers – Specific powers granted by the Constitution to Congress and the president Implied powers – Also known as the necessary and proper clause or the elastic clause of the Constitution – It provides Congress with the authority to make all laws “necessary and proper” to carry out its enumerated powers  The Constitution: The Executive Branch Constitution provided for the establishment of a presidency in Article II Executive branch powers – The president can negotiate treaties (with approval of the Senate) grant reprieves and pardons appoint major departmental personnel veto congressional enactments  The Constitution: The Judicial Branch The Constitution provided for establishment of the judicial branch in Article III The judicial branch – This branch includes the Supreme Court of the United States – It has the power to resolve conflicts between federal and state laws – Judges are given lifetime appointments – The Supreme Court assumed the power of judicial review (the power to declare laws unconstitutional) The Separation of Powers  The Constitution: National Unity and Power National unity and power The U.S. Constitution allows states the freedom to pursue their own policies while it unifies the nation with a common economy The states were given tremendous leeway, but in return they were asked to respect contracts made in other states The U.S. Constitution stands supreme over state laws (the supremacy clause) The Constitution: The Amending Process The Constitution established procedures for its own revision in Article V Amending the Constitution – Requires supermajorities approval through a two-thirds vote in Congress and adoption by three-fourths of the states it remains difficult and rare to amend, but amendment is more plausible than under the Articles of Confederation Amending the Constitution Amendments to the Constitution  The Constitution: Ratification Rules for ratifying the Constitution were set forth in Article VII Approval was needed from 9 of the 13 states for the Constitution to be formally adopted The U.S. Constitution was enacted in 1789 It is the oldest constitution that is still in use anywhere in the world The Constitution: Limiting Power Constitutional limits on the national government’s power Separation of powers: three different branches of government with checks and balances Divided constituencies: officeholders are accountable to different elements of the public (“mixed regime”) Federalism: the national government shares power with the states Bill of Rights: citizens are guaranteed a list of rights The Constitution: Checks and Balances  The Fight for Ratification Ratification was very controversial The Federalists favored – A stronger central government – Federal control over the economy – Clear property rights – Government by the elites The Antifederalists favored – Giving more power to the states – Clearly articulated rights (not just property) – Government by leaders fighting for the economic interests of the people  The Fight for Ratification: The Federalists versus the Antifederalists The Federalists versus the Antifederalists Conflict over three fundamental issues – Representation: Did representatives need to be precisely like those they represented? – Tyranny: Was the threat of tyranny in a gradual shift to aristocracy or from the majority? – Government power: Should the national government have strict limits or broad powers?  The Fight for Ratification: Representation Representation The Antifederalists wanted representatives who shared the same financial interests as those they represented – They feared only the rich would be elected and that they would act against everyone else’s interests The Federalists thought elections would serve to keep legislators concerned for their constituents’ interests  The Fight for Ratification: Tyranny Tyranny The Antifederalists were concerned government would be controlled by a wealthy elite – They feared the tyranny of a wealthy minority The federalists feared a mass electorate would team up against the wealthy elite, who would be in the minority – They feared the tyranny of an unsophisticated majority  The Fight for Ratification: Limiting Power Limiting Government Power The Antifederalists wanted a weak central government with enumerated powers and a Bill of Rights The Federalists saw a need for strong central government, so they divided its powers to prevent a tyranny of the majority Federalists versus Antifederalists  Contributions of the Federalists and the Antifederalists The Federalist vision triumphed The Constitution created a stronger national government, as the Federalists had wanted Nonetheless, the Antifederalists’ skepticism of a strong national government remains strong among many people today