Presentation on theme: "Origins of U.S. Government"— Presentation transcript:
1 Origins of U.S. Government The PresidencyThe CongressThe JudiciaryMAGRUDER'S CHAPTER 2
2 Basic Concepts of Government Early English settlers brought knowledge of politicalsystems fromEnglish Common Law.But… the English developed much of their concepts of law from the Romans who ruled England from 43AD to 410AD.Ultimately, English colonists brought 3 ideas that helped shape our currentdemocracy.1. Ordered Government2. Limited Government3. Representative Government1
3 Ordered Government: Entities designed to establish order and regulate relationships.(e.g. sheriff, coroner, tax assessor, justiceof the peace, grand juries, counties, town-ships, etc.)Limited Government: Brought idea thatgovernment is not all-powerful. Governmentneeds to be restricted and individual rights need to be protected. Developed with the Magna Carta in 1215… ideas evolved by Jamestown in 16072Representative Government: Government serves the will of the people! We should have “government of, by and for the people”3
4 Landmark English Documents Magna Carta: King John was forced to sign the Magna Carta in Barons were upset about heavy taxes and military campaigns that King John instituted at will.The Magna Carta protected rights such as trial by jury, due process, protections of life, liberty and illegal to seize money or property. The king now had to consult nobles when raising taxes, etc. The document established a form of limited government- the King’s power was not absolute.4
5 The Magna Carta stood for 400 years. The ideas of greater Parliamentary power grew…In 1628, King Charles II asked Parliament to levy heavier taxes, but they refused until he was willing to sign the Petition of Right.The Petition of Right  first limited the king’s powers by not allowing him to imprison or punish people without a jury of his peers (or law of the land), to impose martial law, or to quarter troops without the consent of citizens.Most importantly, it extended the power of the Parliament by requiring their consent on most matters…It challenged the theory of the divine right!5
6 In 1688, Parliament overthrew King James who escaped to France.This became known as the Glorious Revolution.Parliament invited King William and QueenMary of the Netherlands to take the throne.
7 They also signed the English Bill of Rights (1689) William III(of Orange)Mary IIWilliam and Mary did away with the Dominion of New England and restored the assembliesThey also signed the English Bill of Rights (1689)Queen Mary II, after a painting by William Wissing Public domain image
8 The English Bill of Rights guarantied several things including: Trial by juryProtection from cruel and unusual punishment.Ensured that the King could not raise taxes or an army without Parliament’s approval.Colonists, being English subjects, were protected by the Bill.Also, it granted freedom of religious worship to all Christians, except Catholics, and persons denying the Trinity (Jews, etc.).6
9 So, as you can see,the foundation of British government are these three: 1. Magna Carta2. Petition of Right3. English Bill of Rights
10 VA = commercial venture MA = religious freedom GA = debtors colony The 13 British Colonies in America were all very unique and were often called the “13 schools of government”.The first colony established was Virginia (Jamestown Settlement) in The last was Georgia in 1733.VA = commercial ventureMA = religious freedomGA = debtors colonyAll were deeply rooted in their English heritage.Every colony was established by a charter, or a written grant of authority by the king.78
11 Over time three different types of colonies developed: Royal Colonies: Directly controlled by the king. There were prior to the Revolution (NH, MA, NY, NJ, VA, NC, SC, GA)The King named a governor and a council of advisors (later the upper house of the legislature). The lower house of a bicameral legislature was elected by male, white property owners, over 21.The legislature did have some influence with matters of money (power of the purse)… but all laws had to be passed by the Governor and king/queen.This is what led to Revolution!9
12 2. Proprietary Colonies were organized by someone to whom the King gave a land grant. (MD, PA, DE) The proprietor had the power to appoint a governor.In MD and DE, there was a bicameral legislature, but a unicameral legislature was set up in PA.Again, all decisions were subject to approval by the king and the governor.10William Penn
13 3. Charter colonies: These were colonies based on charters granted by the king. Rhode Island and Connecticut were the only two.Governors were elected each year by white, male, landowners. The Kings approval after an election was supposed to be sought, but rarely was.The governor and king had NO veto power over the bicameral legislatures. Judges were appointed by the legislature, and appeals could be made to the king.These colonies had the most liberal constitutions as mostgovernmental matters werehandled by the colonists.1112
14 Review 1-10 English Common Law Early English settlers brought knowledge of political systems from __________ __________ _______?The English colonists brought what 3 ideas that helped shape our current democracy?What document was signed by King John I and protected rights such as trial by jury, due process, protections of life, liberty and property?What document signed by King Charles II limited the king’s powers by not allowing him to imprison or punish people without a jury of his peers (or law of the land), to impose martial law, or to quarter troops without the consent of citizens?What document guaranteed, passed in 1689 guaranteed trial by jury,protection from cruel and unusual punishment, ensured that the King could not raise taxes or an army without Parliament’s approval and it granted freedom of religious worship to all Christians, except Catholics, and persons denying the Trinity (Jews, etc.).6. The first colony established was Virginia. What year was this?What is a charter?8. Colonies directly controlled by the king who appointed a governor and counsel of advisors was called a what?9. Colonies that were organized by someone to whom the King gave a land grant were called what?10. Colonies that were based on charters granted by the king and given very generous powers of self-rule were called what?English Common LawOrdered, Limited, & Representative GovernmentMagna CartaPetition of RightEnglish Bill of Rights1607Charters based on charters granted by the kingRoyal ColoniesProprietary ColoniesCharter Colonies
15 The 13 colonies were separately established and controlled by the king through the Privy Council and the Board of Trade.Over time, the colonies became more and more accustomed to self-rule and their legislatures, having power of purse, gained greater power.The relationship between the colonies and Britain could be characterized as “Federal”.The colonies had self rule, but matters of trade and money belonged to the British government.
16 The British government found itself in serious debt after the French & Indian War- £133,000,000!!! Taxes in Great Britain rose tremendously!
17 George GreenvilleAs a result, Prime Minister George Greenville decided to institute a tax in the colonies on molasses, reasoning that the colonists had gained the most as a result of the French and Indian War and needed to pay their share of the debt.Courtesy of Florida Center for Instructional Technology. ( ) Member of the House of Commons and First Lord of the Treasury Source: Benson J. Lossing, The Pictorial Field-Book of the Revolution (New York: Harper & Brothers, 1852) Keywords: portrait, House of Commons, Lord of the Treasury
18 The SUGAR ACT of 1764 (Grenville American Revenue Act) was passed by Parliament. It replaced the Molasses Act of 1733 which forbade the import of foreign molasses (no molasses from French, Dutch, Spanish colonies).Most merchants and traders ignored the Molasses Act of 1733 and smuggled molasses from the West Indies or bribed tax collectors.
19 Courtesy of The Manhattan Rare Book Company The Sugar Act of 1764 allowed colonists to buy foreign goods with a smaller tax.But Grenville took measures to ensure that smuggling and bribes stopped, including more aggressive naval patrols.The Sugar Act reduced trade from the colonies (particularly rum). Because foreign nations would have to pay higher prices, many of them traded with other nations.13Courtesy of The Manhattan Rare Book Company
20 Actual British Government Stamp Despite colonial anger about the Sugar Act, Grenville decided to get Parliament to impose another tax the following year.The Stamp Act of 1765 imposed a tax on 55 types of printed material including wills, diplomas, almanacs, newspapers, playing cards, and dice.These items required a government stamp to prove that taxes had been paid.14Actual British Government Stamp
21 RESISTANCE GROWSIn May of 1765 Colonists formed a secret resistance group called, Sons of Liberty to protest the lawsMerchants agree to boycott British goods until the Acts are repealed
22 The purpose of the Stamp Act was to help pay for the large number of British troops in the colonies
23 Hartford, CT and Charleston, SC. Protests broke out inNew York City,Newport, RI,Boston, MAHartford, CT and Charleston, SC.Mobs burned effigies (likenesses) of tax collectors and some were tarred and feathered.The Bostonians paying the exciseman or tarring & feathering. (Cartoon). Lithograph by Pendleton, 1830, after print published in London in Colorized. Public domain image
24 The British paid 25 times more in taxes than the colonists. The British were surprised and outraged by the colonists unwillingness to accept the taxesThe British paid 25 times more in taxes than the colonists.The average colonist paid the equivalent of $1.20 in taxes per year.
25 NO TAXATION WITHOUT REPRESENTATION! The problem with that, the colonists argued, was not with the tax itself, but with the fact that they were being taxed without representation in Parliament (the right to be taxed with representation, they argued, dated back to the Magna Carta).What they wanted was colonial approval of taxes in their own legislatures.
26 James Otis The first to use the term was James Otis. He was a wealthy lawyer who quit his position as the King’s advocate general of the vice-admiralty after his conscience got the best of him.He said, “Taxation without representation is tyranny.”James Otis, portrait by J. Blackburn, 1755; in the Library of Congress, Washington, D.C.15James Otis
27 Stamp Act protest by newspaper publisher On October 7, 1765, the first meeting of the Stamp Act Congress was held in New York City by delegates opposed to the Stamp Act.The meeting was the idea of James Otis.Delegates from 9colonies attended(VA, NH, NC andGA declined).16Stamp Act protest by newspaper publisherWilliam BradfordLibrary of CongressPublic domain image
28 They also organized boycotts of British goods. King George IIIThe delegates drew up petitions to King George III and the Parliament stating that they had no right to tax the colonies.They also organized boycotts of British goods.George III by Allan Ramsay, National Portrait Gallery, London. Public domain image
29 The boycott resulted in a 14% drop in trade. British merchants and workers suffered because of the boycott.
30 In 1766, the Parliament repealed the Stamp Act, but it passed the Declaratory Act which reserved the right of the Parliament to raise taxes on the colonies.Although the colonists were happy about the repeal, taxation without representation would still be an issue.
31 Review 11-1511. Why did the British feel it was proper to increase taxes in the colonies?12. What act replaced the Molasses Act of 1733 placing allowing merchants to purchase molasses from foreign nations by paying a tax?13. What Act imposed a tax on 55 types of printed material including wills, diplomas, almanacs, newspapers, playing cards, and dice14. What group met for the first time on October 7, 1765 in order to draft petitions to King George III demanding that he repeal colonial taxes?15. What tactic, or form of protest, ultimately led to the repeal of the Stamp Act of 1765.The colonists had gained the most in the French & Ind. War.Sugar Act of 1764Stamp Act of 1765Stamp Act CongressBoycotted British goods
32 (2) It also ordered new and corrupt customs officers into the area. In 1767, Charles Townshend, the leader of the British Treasury, proposed the Townshend ActsThe Townshend Acts(1) placed a tax on lead, paint, glass, tea, silk, and paper (it would again be used to pay for troops in the colonies).(2) It also ordered new and corrupt customs officers into the area.17The Honorable Charles Townshend
33 Merchants and planters from all 13 colonies signed nonimportation agreements. The agreements promised that they would boycott the importation of British goods in the hope that the Townshend Acts would be repealed.
34 Sons of Liberty (the Daughters of Liberty were founded later). Many people joined theSons of Liberty (the Daughters of Liberty were founded later).Sons of Liberty gathered around “Liberty Trees” in which they would hang lanterns and conduct mock hangings of British Officials.18
35 Another British law that causes great controversy in the colonies is the Quartering Act (1765). The Quartering Act required that colonists pay for the quartering (lodging) of British soldiers (as well as bedding, candles, and drinks).In 1774, the British required the quartering of soldiers in private homes. The Quartering Act called for taxes to be used to pay for barracks and for lodging in taverns and inns.19
36 Two regiments of British soldiers arrived shortly thereafter. They set up camp on Boston Common.They suffered insults and beating when walking the streets.
37 As a result, many searched for work in their off hours. The Boston MassacreBritish soldiers were paid very little, and they were not provided with the necessities of life (food, etc).As a result, many searched for work in their off hours.One soldier searched for work near Grey’s Ropewalk. A small number of colonists showed their displeasure by rioting and later harassed a sentry in Boston… 400 eventually gathered!
38 for American Independence) 2. Samuel Grey - shot in the head In the end, the Boston Massacre resulted in the deaths of 5 colonists were wounded.1. Crispus Attucks - shot twice in the chest (considered the first martyrfor American Independence)2. Samuel Grey - shot in the head3. James Caldwell - shot twice in the back4. Samuel Maverick - 17 years old, shot in the abdomen5. Patrick Carr - shot in the hip, exited side20Boston Massacre, Mar. 5, Chromolithograph by John BuffordNational Archives and Records Administration
39 Captain Preston and six of his men were charged with murder. Two prominent lawyers decided to defend the soldiers.Josiah QuincyJohn AdamsJosiah Quincy and John Adams, despite their patriot loyalties, took the case because they strongly believed in the right to a fair trial.The lawyers argued that the men only acted in self-defense.
40 By coincidence, the Townshend Acts were repealed on March 5, the same day as the Boston Massacre.The King required that the tax on tea remain in place just to make a point.The colonists rejoiced and things were pretty calm for a couple of years.Massacre Circle Boston, MA
41 To inform citizens in Massachusetts about the actions of the British, Sam Adams set up committees of correspondence.Soon, committees of correspondence were set up in all 13 colonies.This helped Americans unite against the British.21
42 Review 16-21 17. How did merchants and planters protest the 16. What act placed taxes on lead, paint, glass, tea, silk, and paper17. How did merchants and planters protest theTownshend Acts?18. What group held meeting around ‘liberty trees”& hanged effigies of British officials?19. What act required that colonists pay for thelodging of British soldiers (as well as bedding,candles, and drinks)?20. The event that famously took place on March 5,1770, referred to as the “Boston Massacre”, ledto the death of how many men?21. What was the purpose of the committees ofcorrespondence?Townshend ActsBoycotted the importation of British goodsSons of LibertyQuartering Act5To inform MA citizens of British actions
43 Tea was incredibly popular in the colonies. The British East India Company was the major source of tea in the colonies.The company was in great financial trouble and the British government decided to help.
44 The British thought the colonists would be pleased by this action. The Parliament passed the Tea Act of 1773 to help reduce the 15 million pounds of tea in British warehouses.The act actually lowered taxes in the colonies and allowed the British East India Company to sell tea directly to colonial merchants (of their choice) and bypass the wholesalers and retailers who usually bought it from them first in England.The British thought the colonists would be pleased by this action.TEA
45 To the surprise of Parliament, the Tea Act was unpopular. American merchants argued it was an attempt to destroy colonial merchants by cutting them out of the tea trade… and American tea smugglers hated it for obvious reasons (many colonists purchased smuggled tea).The Sons of Liberty argued that it was a trick to get colonists to accept British taxes, regardless of how small it was.
46 The colonists again instituted a boycott. Daughters of Liberty served coffee or “liberty tea” made from raspberry leaves.Sons of Liberty prevented ships carrying British tea from unloading.
47 The Sons of Liberty rowed quietly out to the three ships in the darkness of night and boarded them on Dec. 16, 1773"The Destruction of Tea at Boston Harbor." Copy of lithograph by Sarony & Major, Credit: National Archives and Records Administration NOTE THE INACCURACY! Public domain image
48 When they were finished, they quietly rowed back to shore. The men dumped 342 crates of tea into Boston Harbor which was valued at about $90,000.When they were finished, they quietly rowed back to shore.
49 King George III was outraged! He asked Parliament to pass a series of very harsh laws designed to punish the people of Boston.King George III
50 limited power of MA legislature, made the governor more powerful. The Intolerable Acts (or Coercive Acts), as they were nicknamed by the colonistsDid several things:closed Boston Harborlimited power of MA legislature, made the governor more powerful.local officials were to be appointed by the royal governor.Town meetings could only be held once per year.British officials charged with major crimes were to be tried in England.Quartering Act was extended to include private homes.22
51 The First Continental Congress met on September 5, 1774 and accomplished a great deal, including the boycott of all British goods.Moderates who wanted to work out problems fought against radicals who wanted to take strong action.23
52 The meeting consisted of a lot of arguments and a lot of prayer. "The Bostonians in Distress." Copy mezzotint attributed to Philip Dawe, 1774Credit: National Archives and Records AdministrationThe meeting consisted of a lot of arguments and a lot of prayer.In the end they did the following:Denounced the Intolerable Acts and Quebec Act.Called for a boycott of all British goods as well as an exportation ban.Urged colonies to train militias.The delegates also agreed to meet again in May 1775.
53 Lexington Green against 400 British troops on their way to Concord. Courtesy of the Army National GuardOn April 19, 1775, the first battle of the Revolution ensued with 70 men standing onLexington Green against 400 British troops on their way to Concord.In the end, 8 colonists were killed with no British fatalities.
54 LEXINGTON AND CONCORDWith Paul Revere’s announcement, the Colonists and the British began fighting in April of 1775The first battle of the American Revolution lasted only 15 minutes, but its impact has lasted for over 200 years
55 When the British returned from Concord they met 300 colonial militia on the North Bridge (just outside of Concord).Fighting broke out, and the colonials drove the British back.As the British retreated, they were picked off by snipers hiding in trees and in the fields (likely 11,000 militia participated).
56 Word of the Battles of Lexington and Concord spread quickly. Many colonists realized that war was now inevitable.There was no possibility of resolving the differences between the colonies and Great Britain peacefully.24
57 Review 22-29 22. Why did colonists oppose the Tea Act of 1773? 23. List three things the Intolerable (Coercive) Acts did?24. How did colonists outside of Massachusetts demonstrate their support for the people of Boston?25. In what year did the First Continental Congress meet?26. What was accomplished during the first meeting of the Continental Congress?27. Massachusetts militiamen who could be ready for battle in a minute, were referred to as what?28. Where was (a) the first engagement between British troops and Massachusetts militiamen, & (b) what was the result ?29. The 1st battles of 1775 convinced many colonists of what?They thought it was an attempt to destroy colonial merchants.Closed Boston harbor 2. Limited town meetings to once a year.3. Extended quartering act to private homesBoycott British goods1774Boycott British goods“Minutemen”Lexington – 8 colonists were killed; no British were killed.That war was inevitable.
58 OLIVE BRANCH PETITIONBy July 1775, the Second Continental Congress was readying for war, though still hoping for peaceMost delegates deeply loyal to King George IIIJuly 8 – Olive Branch Petition sent to King who flatly refused it
59 Many of those in positions of power were also impressed by Thomas Paine’s Common SenseVirginia delegate to Second Continental Congress, Richard Henry Lee, was moved to say, “I am now convinced… of the necessity for separation.”25Thomas PaineRichard Henry LeeBy Charles Wilson Peale, 1784.
60 On June 7, 1776, Richard Henry Lee of Virginia resolved before the Congress, “That these United States are, and of right ought to be, free and independent states… and that all political connection between them and the State of Great Britain is, and ought to be totally dissolved.”26Richard Henry Lee
61 Voting in favor of Lee’s resolution was dangerous The delegates realized that Great Britain would treat a vote in favor of independence as treason.They realized that a conviction as a traitor would result in their execution
62 After a day of debate, and 2 colonies (PA and SC) changing their votes in favor of independence, the delegates decided to appoint a committee to write a Declaration of Independence.
63 The committee appointed to draft a declaration of independence included John Adams, Benjamin Franklin, Thomas Jefferson, Roger Sherman, and Robert Livingston.The purpose for creating the Declaration of Independence was to tell the world why they felt it was necessary to break away from Great Britain and form their own government.Courtesy of John Buxton. Founding Fathers –The Declaration Committee by John Buxton
64 Thomas Jefferson was chosen to actually write the Declaration of Independence. He was considered an incredibly eloquent writer, but his earlier writings were much too radical for most Americans27
65 Early draft of the Declaration Public domain imageThe first draft of the Declaration of Independence included a paragraph on the evils of slavery, blaming King George III for the institution in the Americas.Southern slave holders and Yankee traders successfully insisted that it be removed.
66 On July 2, 1776, the Second Continental Congress voted that the 13 colonies were “free and independent states.”On July 4, 1776, delegates signed (but not all) the Declaration of Independence.
67 The Declaration of Independence had 3 main parts. "Reading the Declaration of Independence from the East Balcony of the Old State House, Boston, Mass. July 18, 1776."Keywords: Revolutionary WarCredit: National Archives and Records AdministrationThe Declaration of Independence was well accepted in the colonies and people gathered from all around to read it or hear it read.The Declaration of Independence had 3 main parts.
68 Explains the basic rights on which the nation was founded. Part IExplains the basic rights on which the nation was founded.“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”Public domain image
69 Painted by Sir Gotfrey Kneller, 1697 Jefferson’s ideas about the rights of human beings came from an English philosopher named John Locke ( ) who argued that all men were entitled to the rights of life, liberty, and property.Jefferson’s wanted to broaden the philosophy and changed “property” to “pursuit of happiness.”28Painted by Sir Gotfrey Kneller, 1697Public domain imageJohn Locke
70 Governments only existed if they had the consent of the governed. The Declaration also argued that one of the purposes of a government was to protect the basic rights of life, liberty, and the pursuit of happiness.Governments only existed if they had the consent of the governed.29
71 GOVTIf the government failed to protect basic human rights or were the cause of a violation of rights, the Declaration stated that citizens had a right and a duty “…to throw off such Government, and to provide new Guards for their future security.”
72 Part IIThe Second part of the Declaration of Independence lists the wrongs committed by King George III.It lists a variety of abuses of power SUCH AS:dismissal of legislatures,sending corrupt customs agentssending troops to America during peace timeimposing taxes without consentrequiring the quartering troopsdepriving colonists of a trial by jury… (pg )30
73 Part IIIThe third part of the Declaration of Independence officially announced that the 13 British Colonies were now the United States of America.It stated that the United States could make alliances and trade as it pleased.
74 Review 30-39 Thomas Paine Richard H. Lee 30. Who wrote the essay Common Sense which was published in 1776?31. Who resolved on June 7, “That these United States are, and of right ought to be, free & independent states”?32. Why was voting in favor of the resolution above considered an act of bravery by many?33. Who served on the committee in charge of writing a Declaration of Independence?34. Who is considered the chief author of the Declaration of independence?35. On what date did members of the Second Continental Congress begin to sign the Declaration of Independence?36. What was the purpose of the first part of the Declaration of independence?37. What European philosopher influenced Jefferson’s premise in the first part of the Declaration of independence?38. What was the purpose of the second part of the Declaration of independence?39. What was the purpose of the third part of the Declaration of Independence?Thomas PaineRichard H. LeeGr. Britain would consider this treason.Adams, Franklin, and JeffersonThomas JeffersonJuly 4, 1776Basic rights on which the nation was foundedJohn LockeLists the wrongs committed by the kingAnnounced that the 13 colonies were now the U.S. of A
75 During the Revolutionary War, State governments began to dissolve. Source: National Park ServiceDuring the Revolutionary War, State governments began to dissolve.As a result, in May of 1776, the Second Continental Congress began to ask States to form their own governments.In July of 1776, the Congress began to organize a national government.
76 Most states createdConstitutions(documents thatset laws andprinciplesof a government),which served 2purposes:1. spell out rights of citizens.2. limit the power of government.
77 had an Upper (Senate) and Lower House. Americans wanted to prevent an abuse of power so they divided government into two parts:All colonies had aLegislative Branch:LawmakersElected by voters.had an Upper (Senate) and Lower House.Executive (governor):Carried out laws.All states but PA had a governor.Samuel AdamsLibrary of Congress
78 Virginia was the first of several colonies to include a Bill of Rights which lists the freedoms the government promises to protect:For example, freedom of:speechreligionassemblypresstrial by jury31
79 The right to vote also expanded under state constitutions. To vote you had to bemaleAt least 21 years of ageproperty owner or pay a tax.In some states free blacks could vote.In New Jersey, women could vote for a while.
80 Members of the Continental Congress also agreed that a national plan of government had to be created.Because most Americans were loyal to their States, few saw themselves as citizens of the “United States”.They did not want to turn over powers of the State to a national government.
81 The first American constitution, completed in 1777, was Source: National ArchivesBecause Americans feared tyranny, the Congress created a very weak national government.The first American constitution, completed in 1777, wasthe Articles of Confederation32
82 The Articles of Confederation The Articles of Confederation, ratified in This was the format for the United States government until the ConstitutionThe Articles of ConfederationThe authors of the Articles of Confederation did not create a nation, but a “firm league of friendship” between the 13 statesThe Articles of Confederation created a Congress with 2-7 delegates from each state- BUT each state only had one vote.It did not create an executive or judicial branch33
83 conduct foreign policy declare war make peace coin money Under the Articles ofConfederationCongress couldmaintain the militaryconduct foreign policydeclare warmake peacecoin moneyThe Congress could NOT regulatetrade between the states orbetween states and foreignnations.Congress had to ask States for money to keep the federal government going- they could not force them to contribute.34
84 In order to pass laws, 9 of the 13 states had to vote in favor. Summary of the Articles of Confederation:created a loose alliance between states.did not provide for a president (no executive branch) and laws had to be enforced by the states.did not create a court system (no judicial branch) and the government could not resolve differences between the states.35CREDIT: Tholey, Augustus, artist. "Leaders of the Continental Congress." Wm. Finley & Co., copyright Prints and Photographs Division, Library of Congress.
85 The larger States rejected the demand. Maryland demanded that all of the land west of the Appalachian Mountains be turned over to the Congress They rejected the demand.The larger States rejected the demand.Fortunately, Thomas Jefferson and other respected leaders stepped forward and convinced lawmakers to give up their claims to western landsThey were successful and Maryland ratified the Articles of Confederation and they went into effect in 1781Thomas Jefferson
86 After the Revolution, the United States fell into an economic depression During an economic depression…business activity slowswages fallprices fallunemployment rises
87 The depression hit farmers the hardest. During the war, there was a high demand for the food produced by farmers.As a result, farmers borrowed money to buy more land, livestock, seeds, and tools.With the war over and a depression in its place, the farmers could not repay their loans.
88 The state also refused to accept paper money for debt repayment. In Massachusetts, farmers were even more outraged when the state raised taxes on farmers.The courts began to seize land and put farmers in jail for inability to pay off loans.The state also refused to accept paper money for debt repayment.
89 Shays’ RebellionIn 1786, Daniel Shays, a Massachusetts farmer who served as a Captain during the Revolution, organized 2,000 farmers to help farmers keep their land.His men, many dressed in their old Army uniforms, attacked court houses that were in charge of hearing cases about land foreclosures and punishments for debtors.
90 During their final assault, Shays and his men decided to attack the Federal Arsenal in Springfield. The Massachusetts militia was assembled by the Governor and it defended the arsenal, killing 4 of Shays’ men and wounding 24.This was the first time the militia had been called in after nearly 5 months of attacks.
91 The farmers scattered, and the rebellion was ended. On February 3, 1787 the farmers were attacked in Petersham, MA by General William Lincoln.The farmers scattered, and the rebellion was ended.The Supreme Judicial Court of Massachusetts sentenced 14 of the rebellion's leaders, including Shays, to death for treason.They were later pardoned by the newly elected GovernorJohn Hancock.Lincoln, Benjamin. Painting by Henry Sargent.General William LincolnGovernor John Hancock
92 Shays’ Rebellion proved one thing: The federal government was much too weak and a stronger national government was needed!Shays' Rebellion is considered one of the leading causes of the formation of the United States Constitution.
93 Many Americans feared that Shays’ Rebellion was proof that the Articles of Confederation were too weak.Many leaders called for a convention to improve the Articles of Confederation.They decided to meet in May of 1787… but they ended up doing a lot more than just improving the Articles of Confederation!36
94 Soon after the Constitutional Convention met in in Philadelphia, PA in May of 1787, it was decided that the Articles of Confederation needed to be set aside and a new, stronger document needed to be created.55 delegates, from 12 of the 13 states (all but Rhode Island), helped craft a document that is still celebrated around the world as a great achievement. These men became known as the “Framers” of the Constitution.3738
95 Many notable framers at the Constitutional Convention including: Benjamin Franklin: 81 years old, (oldest delegate) wise, and well respected.George Washington: elected president of the convention. Many thought that he would be able to best control the debate.Alexander Hamilton: a staunch advocate for a stronger federal government. He had served as Washington’s personal secretary during the Revolution.James Madison: highly intelligent, well prepared,36 year old. He was soft spoken but eloquent. He took excellent notes during the convention which have served historians well.
96 Guards were posted at the doors and all of the windows were closed. It was decided that the meetings during the Constitutional Convention would be kept secret so delegates could feel free to speak their minds without outside pressure.Guards were posted at the doors and all of the windows were closed.Some resented the secret meetings, believing that government meetings should be open to the public in a free society.Independence HallPhiladelphia, PA
97 James MadisonEdmund RandolphEdmund Randolph and James Madison put together a plan for government early on known as theVirginia Plan
98 VirginiaPlanThe Virginia Plan created a strongnational government and called forthe following:Three branches of GovernmentLegislative Branch (pass laws)Executive Branch (carry out/ enforce laws)Judicial Branch (interpret laws- see if laws are fair and carried out fairly).Legislative Branch would be “bicameral” or have 2 houses.Both houses would base membership upon the population of States (therefore, States with greater population would be better represented) Lower House elected by people, Upper House elected by Lower House.3. Chief Executive (President) would be elected by the legislature.3940
99 William PatersonSmaller states objected to the Virginia Plan, believing that it was unfair to States with smaller populations.As a result, William Paterson introduced the New Jersey plan to counter the Virginia Plan.
100 New Jersey Plan The New Jersey Plan created strong national government and called forthe following:Three branches of GovernmentLegislative Branch (pass laws)Executive Branch (carry out/ enforce laws)Judicial Branch (interpret laws- see if laws are fair and carried out fairly).Legislative Branch would be “unicameral” or have only one house. The single house would allow each State to have one vote only. Population was not an issue.3. Chief Executive (President) would be elected by legislature… could be multi-person.New JerseyPlan4142
101 Many believed that the convention would fail. Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy.The Constitutional Convention was at a deadlock, as neither side could sway the other.Many believed that the convention would fail.
102 Source: National Park Service Finally, a delegate from Connecticut named Roger Sherman, proposed a compromise which came to be known as the Great Compromise (or Connecticut Compromise).Taking bits and pieces from both the New Jersey Plan and the Virginia Plan, Sherman created a government which has changed very little.43Roger Sherman
103 The Great Compromise Three Branches of Government The Great Compromise proposed a strong national government with:Three Branches of GovernmentLegislative Branch (pass laws)Executive Branch (carry out/ enforce laws)Judicial Branch (interpret laws- see if laws are fair and carried out fairly)
104 Members would be chosen by State legislatures. Upper HouseLower HouseUnited States Senate- Each State would have equal representation (1 state, 2 votes).Members would be chosen by State legislatures.United States House of Representatives- Each State would be represented based upon population and elected directly by the people of their State.Bicameral Legislature
105 Additionally, the Great Compromise set up a system for electing a president The Great Compromise called for the creation of an Electoral College to ensure that the president could NOT be directly elected by the people
106 Each state would have as many “electors” as it had representatives and senatorsWhen we vote for president, we actually vote for electors to cast votes for a candidate36 Reps2 Senators= 38 ElectoralVotes
107 But other issues arose that would require even further compromise. On July 16, 1787, the Great Compromise was approved by 38 of the 55 delegates.But other issues arose that would require even further compromise.
108 The issue of slavery became a problem for Northerners and Southerners… not due to moral differences, but because of questions of representation.Southerners wanted to count their entire population of slaves to boost their numbers in Congress.Northerners objected citing that slaves were not considered citizens and could not vote.Library of Congress
109 THREE-FIFTHS COMPROMISE Next difficult issue: SlaverySouthern states wanted slaves included in the population figures used to determine RepresentativesNorthern states which had few slaves, disagreedCompromise was to count each slave as 3/5ths of a person
110 This agreement was referred to as the Three-Fifths Compromise. It was decided that three fifths of a slave population in a state would be counted during a census.This agreement was referred to as the Three-Fifths Compromise.For example, if a state had 5,000 slaves, 3,000 of them would be counted.
111 Another issue that arose also related to slavery. Library of CongressAnother issue that arose also related to slavery.Many northerners opposed slavery and most northernstates had outlawed the institution of slavery.Therefore, Northerners called for an end to the slave trade in the United States.
112 Southern States argued that a ban would ruin the Southern economy. Each side agreed to compromise and it was decided that the slave trade would continue for at least 20 years… after that, Congress could regulate the slave trade.In 1808, the United States banned the importation of slaves, but did not end slavery.
113 After resolving a series of important issues, the United States Constitution was completed on September 17, 1787 and read to the convention for the last time
114 As members stepped forward to sign the Constitution, Benjamin Franklin pointed to a chair behind George Washington and said, "I have often ... in the course of the session ... looked at that sun behind the President without being able to tell whether it was rising or setting. But now at length I have the happiness to know it is a rising sun and not asetting sun."
115 The Constitution was an incredible achievement. No other nation had created a document that was as bold or daring.The world watched to see if it would succeed…But first it needed to be ratified by the states!
116 Review 40-54 40. In what city was the Constitutional Convention held? 41. What was the only state that refused to send delegates to the Constitutional Convention?42. Who served as President of the Constitutional Convention?43. Who was the oldest delegate in attendance?44. Explain the Virginia Plan.45. Which types of states did the Virginia Plan favor?46. Explain the New Jersey Plan.47. Which types of states did the New Jersey Plan favor?48. Who proposed the Great Compromise?49. Explain the Great Compromise.50. Why did Southerners want to count their slaves as part of theirpopulation?51. Why did Northerners object to the counting of slaves as part of the Southern population?52. Explain the Three-Fifths Compromise.53. What was the main reason given by Southern delegates against banning slavery?54. Explain the compromise agreed to by the delegates relating to theimportation of slaves.PhiladelphiaRhode IslandWashingtonB. FranklinCalled for 3 branches w. a strong national gov.Large States3 branches but unicameral legislatureSmall StatesRoger ShermanOne house based on = repre & other based on pop.To boost their numbers in CongressSlaves were not considered citizens.Count each slave as 3/5 of person.Would ruin the sountern economy.Slavery to continue for 20 years, then be regulated.
117 At the conclusion of the Constitutional Convention a woman approached Benjamin Franklin and asked, “Well, Doctor… what have we a got, a republic or a monarchy?”Franklin replied, “A republic. If you can keep it.”Library of Congress
118 A republic is a nation in which voters elect representatives to govern them. The Constitution begins “We the people…” which exemplifies the American desire to have a government controlled by the people
119 The Magna Carta was the basis for limited government. Although the Constitution was a first for the world, it drew upon many sourcesThe Magna Carta was the basis for limited government.The English Parliament helped serve as an example of representative government.The English Bill of Rights served as a basis for protecting individual rights.The Fundamental Orders of Connecticut gave the framers an outline for limiting government.
120 The theories of political philosophers were also incorporated John LockeThe theories of political philosophers were also incorporatedEnglish philosopher John Locke published the Two Treatises of Government from which the framers drew 2 very important ideas.
121 John Locke’s first idea was that all people had natural rights to life, liberty, and property. These were cited in the Declaration of Independence, although Jefferson changed the right to “property” to the right to the “pursuit of happiness.”
122 This is known as the “Social Contract Theory”. 2. The second idea was that there was an agreement between the people and the government. In this idea, he suggested that citizens give the government its power and promised to obey its laws;but in turn, the government had an obligation to protect the natural rights of man. If they failed to protect those rights, the people could rebel.This is known as the “Social Contract Theory”.
123 French political philosopher, Baron de Montesquieu, suggested the separation of powers in his book The Spirit of the LawsHe believed in the separation of powers in which there would be branches of government; a legislative branch, an executive branch, and a judicial branchBaron de Montesquieu
124 Montesquieu believed that creating good laws was important and that all laws should be clear and understandable.Individuals and groups could not misuse the government if the laws were clear… this is why the framers defined and limited the powers of the government in the Constitution.
125 Rousseau believed that citizens of a nation determined everything. Maurice-Quentin La Tour, 1753The Framers also studied the work of French political philosopher Jean-Jacques Rousseau.Rousseau, wrote the Social Contract of 1762, and took the ideas of Montesquieu and Locke a step further.He argued that all government rested on a social contract and not on God given rights, nor the Bible, nor tradition of any kind.Rousseau believed that citizens of a nation determined everything.Jean-Jacques Rousseau
126 Rousseau insisted on complete equality of men and suggested that citizens not only had and obligation to abide by the law, but to conform to the laws… even if they objected to them!Rousseau stressed greatly the importance ofMajority Rule! Majority rule, he argued, was the best method for creating fair laws… through the consent of the governed.
127 Powers of the government changed under the Constitution Under the Articles of Confederation, the states had greater power than the federal government.Under the Constitution, the States were required to give up some powers, but kept many of them.The sharing of power between the States andnational government is known as FEDERALISM (or the FEDERAL SYSTEM).44
128 The federal government acts for the nation as a whole. The Federal System gives Americans the ability to vote for both State and national officials.The federal government acts for the nation as a whole.The States have power over local matters.We have limited government in that the government is restricted in what it can doand each individual has certain rights.45
129 Decide penalties for crimes Federal PowersSome Examples- Coin Money - Declare War- Regulate Trade (b/twn states and states and foreign nations) - Make TreatiesState PowersRegulate trade within bordersDecide who can vote in state electionsControl EducationAll powers not delegated to federal governmentShared PowersRaise taxesBuild roadsDecide penalties for crimes
130 Of course, disagreements between the States and the federal government were inevitable To ensure that disagreements were resolved with greater ease, it was decided that the Constitution would serves as the “Supreme law of the land”.In other words… the Constitution was the final word!
131 To ensure that the government was not too powerful, the Constitution divided the government into three separate branches (using Montesquieu’s theory)LegislativeJudicialExecutive
132 Article 1 of the Constitution created the Legislative Branch It created a bicameral legislature:The House of Representatives: Representatives are elected by the citizens of their Congressional District for 2 year terms .The Senate:Senators were originally chosen by state legislatures but in 1913 the Constitution was amended allowing citizens to directly vote for Senators (Amendment 17). 6 year termsThe main purpose of the Congress is to makes laws.Article 1 also states the powers of the Legislative Branch (collect taxes, regulate foreign and interstate trade, declare war, raise and support armies).
133 Article 2 of the Constitution created the Executive Branch Although many feared a strong executive branch (because of the American experience with King George III), it was decided that a strong executive branch would be needed to balance the Congress.James Madison argued that a Congress had the potential to act tyrannically as well.The Executive Branch is headed by the president but also includes the Vice President and all of his appointed advisors. The President has a 4 year term, and can serve no more than a total of 10 years.The main purpose of the Executive Branch is to enforce laws.
134 Article 3 of the Constitution created the Judicial Branch Article 3 called for the creation of a Supreme Court and other federal courts created by the Congress to interpret, or determine if laws are fair.The Supreme Court and other federal courts hear cases dealing with the Constitution, laws passed by Congress, and cases that involve disagreements between states.Those who serve on federal courts have a lifetime tenure.
135 After the creation of the Executive Branch of government, there was still debate about how the President would be elected.Some feared a direct vote by the people would lead to the election of a demagogue.Others feared that citizens from the north would not get to know candidates from the south and vice versa.
136 The delegates decided to create an electoral college to solve these problems. According to the framers, the electoral college would be made up of wise and well educated people who would chose a President for us.Picking members of the electoral college would be determined by the States.In most cases, each State has a slate of electors for each candidate chosen by the political parties.
137 The framers also thought it was necessary to create a System of Checks and Balances as a way to limit the powers of government.In this system, each branch of government can “check” the other 2 branches.
138 goes back to the Congress For example…Congress passes a bill and sends it to the president to be signed.The President checks the Congress by either signing or vetoing (rejecting) the bill.If he vetoes the bill, it returns to Congress where they can check the President by overriding the President’s veto if they get a 2/3 majority in both houses.Congress can override a presidential veto IF they get a 2/3 majority in each houseSend a bill to thePresidentPresident can signor veto the bill.If he vetoes the bill, itgoes back to the Congress
139 Judge Sam AlitoThe Congress can also check the President’s power by approving or disapproving official appointments (cabinet posts, ambassadors, judges) in the Senate.The Congress also approves treaties negotiated by the President (2/3 of the Senate must approve).
140 Andrew JohnsonBill ClintonCongress can also remove a President from office if he is guilty of a crime or serious misbehavior.A case against the President must be brought to the House of Representatives in a process called impeachment.A President can be impeached in the House of Representatives by a simple majority, and then a trial is held in the Senate. A 2/3 vote in favor of conviction is required to remove the President from office.
141 The President and the Congress have checks on the Courts. The President appoints judges.The Senate must approve judges.Congress may also impeach judges who commit crimes or seriously misbehave.
142 The Judicial Branch has checks over each of the other two… but those checks are enormous. 1. They can declare a law or a part of a law passed by Congress or a state legislature to be unconstitutional or they can affirm that laws challenged by citizens are constitutional.For example, the Supreme Court found in 1989 and in 1990 that laws banning flag burning violated the First Amendment right to free expression (speech).2. They can declare acts of the president or a state executiveto be unconstitutional or the can affirm the constitutionality ofhis/her act.For example, the Supreme Court ruled in 2006 stated that it was unconstitutional to conduct special military commissions established by the Department of Defense (in the Executive Branch) for detainees at Guantanamo. Bay, Cuba, and that they were entitled to broader protections of their rights.
143 Some Examples of Checks and Balances Each of these Checks is a check on which branch?(Legislative Branch) Passes lawsCan override President's vetoRaises and supports the militaryCan declare warApproves treaties and presidential appointmentsCreates lower federal courtsPrints and coins moneyRegulates foreign and interstate tradeAppropriates (set aside for a specific purpose) moneyCan impeach and remove President and other high officials(Executive Branch) Enforces LawsMany veto a billProposes lawsAppoints Federal judgesNegotiated foreign treatiesServes as Commander in Chief of the US MilitaryCan grant pardons to those who have been convicted of federal crimes(Judicial Branch) Interprets LawsCan declare laws unconstitutional (both federal andState)Can declare executive actions unconstitutional (bothfederal and State)All photographs courtesy of whitehouse.gov
144 The Constitution is referred to as a living document by some, because the framers realized that changes would be required over time.Others suggest that although the Constitution can be changed, those wishing to amend it should consider the original intent of the Framers.The Constitution has survived for over 200 years, longer than any other written constitution on earth.It has served as a model for constitutions around the world.
145 Differences Between the Articles of Confederation and the Constitution The US ConstitutionUnicameral Congress (1 house)Equal (one) vote in Congress per stateNo Executive BranchNo Judicial Branch9 out of 13 states had to approve laws in CongressStates could coin their own moneyStates could regulate trade with states and foreign nationsStates had great autonomy to govern themselvesOnly states had the power to impose taxesBicameral Congress (2 houses)In House of Representative, states were represented based on population; In the Senate each state got two votes regardless of population3. Executive Branch established, lead by US President, carries out laws4. Judicial Branch established, headed by Supreme Court, interprets laws5. Majority rules! (50% +1 in each house to pass laws)6. Congress has exclusive right to coin money7. Only Congress could regulate trade with states and foreign nations8. States recognize the US Constitution as the final word on all matters9. Congress can impose taxes as well
146 Review55. What is a republic?56. List 3 examples of documents/institutions that contributed to the creation of the Constitution?57. What two important ideas were taken from the theories of John Locke?58. What important ideas were taken from Baron de Montesquieu?59. What important idea was taken from Jean-Jacques Rousseau.60. Define federalism.61. Give 3 examples of federal powers62. Give 3 examples of state powers?63. Give 3 examples of shared powers?64. To ensure that there was no disagreements about the powers of government, it was decided that the Constitution would serve as the “___________________________”.Nation in which voters elect representatives to govern them.Magna Carta, English Bill of Rights, & Fundamental Orders of ConnecticutAll people had natural rights and the “Social Contract Theory”Separation of powers and that laws should be clear and understandableAll government rested on a social contract and not God given rightsSharing of power between the States and national governmentNational G would coin money, regulate trade and make treaties.States would control education, decide who can vote, and regulate trade within borders.They both would raise taxes, build roads and decide penalties for crimes.“Supreme Law of the Land”
147 Bicameral legislature The president can veto a bill. Review65. Article 1 of the Constitution created what branch of government?66. What is the main purpose of the branch above?67. The branch above is separated into a bicameral body containing the _______________ and the ______________.68. Article 2 of the Constitution created what branch of government?69. What is the main purpose of the branch above?70. Article 3 of the Constitution created what branch of government?71. What is the main purpose of the branch above?72. To ensure that the President was selected by wise and well educated men, the framers created what?73. In order to limit the powers of each of the branches of government, what system was put into place?74. Give an example of how the executive branch can “check” the legislative branch.75. Why is the Constitution referred to as a “living document”?Bicameral legislatureMake the lawsSenateHouseExecutive branchEnforce the lawsJudicial branchInterpret the lawsAn electoral collegeSeparation of powersThe president can veto a bill.Changes could be made.
148 Ratifying the Constitution was not an easy task In , citizens in each State had to elect delegates to state conventions to debate and discuss whether or not to approve the new Constitution46
149 Federalists - supported ratification of the Constitution. Two Groups Emerged…Federalists - supported ratification of the Constitution.Anti- Federalists - opposed ratification of the Constitution.4748
150 Federalists supported ratification because they wanted a strong national government The most famous Federalist leaders were Alexander Hamilton, James Madison,and John Jay.
151 System of Checks and Balances. The Federalists’ ideas about strong national government were included in the Constitution.Separation of PowersSystem of Checks and Balances.Shared Powers between State and Federal Government.
152 and John Jay from October 1787 to May 1788. In support of their beliefs, Federalists wrote a series of essays called The Federalist Papers to try to convince the people of New York to support ratification.The 85 Federalist Papers were written by Alexander Hamilton, James Madison,and John Jay from October 1787 to May 1788. They always used the pen name “Publius” when signing their essays. Publius was a Roman statesman.
153 Anti-Federalists opposed ratification because they wanted a much weaker federal government and stronger state powers. The most famous Federalist leaders were George Mason, Patrick Henry, and Richard Henry Lee.
154 argued against ratification The Anti Federalistsargued against ratificationof the Constitutionbecause:The national government had too much power and the States had too little.There was no bill of rights.They did not want a federal government that would have a peacetime army.The president had too much power and it would likely lead to tyranny.
155 They argued that rights would be ignored if they weren’t spelled out. The biggest and most convincing argument of the Anti-Federalists was that of the need for aBill of Rights.They argued that rights would be ignored if they weren’t spelled out.Federalists argued it was excessive and unnecessary. They also contended that it would be impossible to list all of the natural rights of man.
156 State Delaware Pennsylvania New Jersey Georgia Connecticut RatificationVotesForVotesAgainstOrderState Delaware Pennsylvania New Jersey Georgia ConnecticutMassachusetts Maryland South Carolina New Hampshire Virginia New York North Carolina Rhode IslandDate Dec. 7, 1787 Dec. 12, 1787 Dec. 18, 1787 Jan. 2, 1788 Jan. 9, 1788 Feb. 6, 1788 Apr. 28, 1788 May 23, 1788 June 21, 1788 June 25, 1788 July 26, 1788 Nov. 21, 1789 May 29, 179049
157 After the ratification of the Constitution, cities throughout the United States celebrated with fireworks, ringing church bells, and parades.The Constitution would be a great experiment.
158 George Washington, in a great display of civic virtue, came out of retirement and was elected the first President of the United States in January of 1789.
159 There were 59 Representa-tives and 26 Senators. The Congress met in New York City, which served as the United States’ first post-Constitution capital.There were 59 Representa-tives and 26 Senators.
160 After ratification, Congress decided to create a Bill of Rights. But first, they had to set up a process for adding amendments (changes) to the Constitution.They realized that conditions would change throughout time and that the Constitution would need to reflect those changes…. BUT the Congress wanted to make the process difficult so that it would not be taken lightly.
161 Congress Created 2 Ways to Propose Amendments to the Constitution 2/3 of both houses of Congress can propose Amendments/3 of the states call for a Constitutional Convention for the purpose of creating amendments (never been done)2/3 of2/3 of
162 After Amendments have been proposed they must be ratified by ¾ of the states before it becomes part of the Constitution.After a successful proposal process, Congress decides howthe bill will be ratified by the States:by the ¾ of state legislatures… orby ¾ of special state conventions (only used once)
163 By December of 1791, ¾ of the states had ratified the First 10 Amendments of the Constitution The First 10 Amendments, all written by James Madison are referred to as the Bill of RightsMadison insisted that the government was NOT giving these rights to citizens… those rights already existed
164 Amendment ICongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.PetitionAssemblyPressReligionSpeech
165 Amendment IIA well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.Amendment IIINo soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
166 Amendment V Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.Amendment VNo person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
167 Amendment VIIn all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.Amendment VIIIn suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
168 Amendment VIIIExcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.Amendment IXThe enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.Amendment XThe powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
169 Review 76-82 George Washington 76. What was the method used to ratify the Constitution?77. (a) What were the two groups that emerged during the debate over ratification, and (b) what position did each group take in reference to ratification?78. Who were the 3 best known leaders of the Federalists and what was the name of the series of 85 essays they wrote?79. Who were the 3 best known leaders of the Anti-Federalists?80. What were the major objections of the Anti-Federalists to the ratification of the Constitution?81. Although the 9 of the 13 states had ratified the Constitution by June of 1788, which 2 large and very important States had yet to do so?82. Who was elected as the nation’s first President in January of 1789?States elected delegates to conventions to approve/disapprove the Constitution.Federalist were for ratification and the Anti-Federalist were against ratification.Hamilton, Madison, and Jay; The Federalist PapersGeorge Mason, Patrick Henry, and Richard Henry LeeIt had no Bill of Rights & the national government had too much power.Virginia and New York.George Washington
170 Review 83-90 New York So it would not be taken lightly. 83. What city served as the United States’ first post-Constitution capital?84. Why did Congress make amending the Constitution a difficult task?85. What are the two ways that Amendments to the Constitution can be proposed?86. Once an amendment is proposed, (a) what fraction of the states must ratify it, and (b) what are the 2 ways it can be ratified?87. Which amendments are considered the Bill of Rights in the Constitution?88. What are the 5 freedoms guaranteed under the First Amendment?89. Which amendment guarantees the right to a trial by jury?90.Which amendment protects Americans from being tortured as a punishment for a crime?New YorkSo it would not be taken lightly.A. 2/3 of both houses of Congress can propose AmendmentsB. 2/3 of the states call for a Constitutional Convention for the purpose of creating amendments (never been done)¾; ¾ of State legislatures or ¾ of special State conventions [used once]First TenFreedom of religion, speech, press, assembly, and petitionAmendment VIAmendment VIII
171 Note Sheet - Origins of American Government 1. Three ideas from the English that helped shape our democracy were orderedgovernment, limited government, and _______________ government.2. (Ordered/Limited/Representative) government brought the idea that government is not all-powerful.3. (Ordered/Limited/Representative) government is the idea that government serves the will of the people.4. The _______ ________ in 1215, protected rights such as trial by jury, due process, and protections of life, liberty, and property.5. The __________ __ ________ first limited the kings powers by not allowing him to imprison people without a jury of his peers.6. The _________ ______ ___ ________ in 1689 guaranteed several things including protection against cruel and unusual punishment.7. The first colony was at (Boston/Jamestown/Dallas/L.A.).8. A (charter/petition) was a written grant of authority from the king.9. (Royal/Proprietary/Charter) colonies were controlled by the king.10. (Royal/Proprietary/Charter) colonies were organized by someone to whom the king gave a land grant.11. (Royal/Proprietary/Charter) colonies were colonies based on charters granted by the king.12. A Charter colony was the most liberal as most matters were handled by the (colonists/king).13. The (Sugar/Tax) Act of 1764 took measures to stop smuggling and bribes.14. The (Sugar/Stamp) Act of 1765 imposed a tax on 55 types of printed material.representativeMagna CartaPetition of RightsEnglish Bill of Rights
172 Note Sheet - Origins of American Government 15. (James Otis/Patrick Henry) said, “Taxation without representation is tyranny.”16. The (Stamp Act Congress/Sugar Act Congress) occurred in 1765 to oppose theStamp Act.17. The (Sugar/Stamp/Townshend) Acts placed a tax on lead, glass, paint, tea,silk and paper.18. The (Sons of Liberty/Veterans of Liberty) hung lanterns and conducted mockhangings of British officials.19. The (Quartering Act//Housing Act) required the colonists to pay for quarteringof British soldiers.20. The Boston Massacre resulted in the deaths of (two/three/five/10) colonists.21. To inform citizens of Massachusetts of the actions of the British, Sam Adamsset up (committees of correspondence/committees of action).22. Another name for the Intolerable Acts was the (Do-AS-I-Say/Coercive) Acts.23. The (First/Second) Continental Congress met on September 5, 1774.24. The first battle of the Revolution was at(Lexington and Concord/Philadelphia/Jamestown).25. Common Sense was written by (Benjamin Franklin/George Washington/Thomas Paine).26. It was (Richard Henry Lee/Patrick Henry/Thomas Edison) who said in 1776 that, that“These United States are, and of right ought to be, free and independent states…”27. The man chosen to write the Declaration of Independence was(George Washington/Thomas Jefferson).
173 Note Sheet - Origins of American Government 28. In writing the Declaration of Independence, Jefferson was greatly influenced by(John Locke/Sam Adams/Charles II).29. Governments only existed if they had the consent of the(President/Prime Minister/governed).30. The 2nd part of the Declaration of Independence had to do with the wrongs of(Virginia settlers/George III).31. Virginia was the first colony to have a (Petition of Rights/Bill of Rights).32. The first American Constitution was the(Bill of Rights/Petition of Rights/Articles of Confederation).33. The Articles of confederation (did/did not) create an executive or judicial branch.34. Under the Articles of Confederation, the government (could/could not) force theStates to pay to keep the federal government going.35. Under the Articles of Confederation, (five/seven/nine/eleven/thirteen) of the 13States had to vote in favor of passing laws.36. After (Shay’s Rebellion/Magna Carta/ the Stamp Act), many Americans wereconvinced that the Articles of Confederation were too weak.37. The Constitutional Convention met in (Philadelphia/New York) in 1787.38. The delegates who crafted the Constitution were called(Framers/Money Launderers/Turncoats).39. The “Big State” plan with membership based on population was the(New Jersey/Virginia) Plan.40. The “two-house” legislative plan was called a (unicameral/bicameral) plan.
174 Note Sheet - Origins of American Government 41. The “small State” plan with equal membership from each State was the(New Jersey/Virginia) Plan.42. The “one-house” legislative plan was called a (unicameral/bicameral) plan.43. The man who proposed the Great Compromise was(Ben Franklin/Roger Sherman).44. The sharing of power between the States and the Federal Government isknown as (federalism/charter).45. We have (limited/unlimited) government which means the government isrestricted in what it can do.46. Citizens elected to State conventions were called (delegates/conventioners).47. (Federalists/Anti-Federalists) supported ratification of the Constitution.48. (Federalists/Anti-Federalists) did not support ratification of the Constitution.49. Ratification of the Constitution took the vote of (five/seven/nine/eleven) States.50. My favorite course so far this semester is (government/any other courses hereat school, OK, maybe Economics).