THE ELASTIC CLAUSE AND THE TENTH AMENDMENT SONGS FOR THE DAY: CONTROL “HE HAS DISSOLVED REPRESENTATIVE HOUSES REPEATEDLY, FOR OPPOSING WITH MANLY FIRMNESS HIS INVASIONS OF THE RIGHTS OF THE PEOPLE.” -COMPLAINT ABOUT KING GEORGE IN THE DECLARATION OF INDEPENDENCE Daily Comment & Card RATIFIED 1792 THE ELASTIC CLAUSE AND THE TENTH AMENDMENT GEORGE WASHINGTON -The 10th amendment restricts the federal government to the powers granted it by the constitution. Everything else goes to the state. -Article I, section 8 grants the government the power to make all laws “necessary and proper” for carrying out its powers -The conflict is determining if the federal government or the states has the power -FIRST PRESIDENT -unanimously elected -served two terms -set standard of leadership -declared Proclamation of Neutrality, keeping us out of European wars -Farewell Address warned against entangling alliances and political party factions SONGS FOR THE DAY: CONTROL

PEOPLE TO KNOW (REVOLUTION) JOHN TRUMBULL, SR: Colonial governor who sided with the colonists against the British JOHN PETER MUHLENBERG: Clergyman who recruited soldiers to fight the British JOHN JAY: Helped write Federalist Papers; first Chief Justice of Supreme Court; negotiated Jay Treaty (boundaries with England) 1/17

PEOPLE TO KNOW (REVOLUTION—Declaration signers) BENJAMIN RUSH: Father of American Medicine; signed the Declaration of Independence JOHN WITHERSPOON: Signer of the Declaration of Independence, President of New Jersey College (Princeton) JOHN HANCOCK: President of Second Continental Congress, signed the Declaration of Independence (big signature) 2/17

DECLARATION OF INDEPENDENCE Mostly written by Thomas Jefferson Gave reasons why colonists wanted (demanded) independence from Great Britain. Listed the grievances of American colonists against the British King (the things King George III had done wrong) Said that the purpose of government was to protect citizens (unalienable) rights to life, liberty and the pursuit of happiness Justifies the overthrow of the government that abuses the rights of the people 3/17

DECLARATION OF INDEPENDENCE When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another… 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.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness... 4/17

John Dickinson drafted the first constitution for the United States— A. ARTICLES OF CONFEDERATION While Jefferson was writing the Declaration of Independence, John Dickinson drafted the first constitution for the United States— THE ARTICLES OF CONFEDERATION. 5/17

Had the power to: Could not: Tax or regulate trade Under the articles: government had one body = CONGRESS Each state = 1 vote unanimous vote required to amend the articles. Had the power to: Wage war, make treaties, send diplomats, borrow money Could not: Tax or regulate trade 6/17

Despite their weaknesses, they managed to: Win the war Establish a policy for western lands (Land Ordinance of 1785) Set laws for creating new states (Northwest Ordinance of 1787) 7/17

Shays’ rebellion Problems with boundaries No power to tax, raise money Quarreling among states No respect from other countries Weak (no) executive Shays’ rebellion 8/17

SHAYS’ REBELLION (rude awakening) B. SHAYS’ REBELLION SHAYS’ REBELLION (rude awakening) The rebellion of farmers in 1787 provided the elite society with a “wake up call” about the need for a stronger central government… 9/17

The Articles of Confederation work from 1781-1787… THE CONSTITUTION 1. CONVENTION The Articles of Confederation work from 1781-1787… Then a convention was called with the “sole and express purpose” to revise the Articles of Confederation. 10/17

U.S. CONSTITUTION (1787) Replaced the ARTICLES OF CONFEDERATION Set up a new national government Set up three branches of government: EXECUTIVE (President) LEGISLATIVE (Congress) JUDICIAL (Supreme Court) Provided system of Checks and Balances to ensure no branch too powerful. (meaning some of the power overlaps) 11/17

House of Representatives THE CONSTITUTION 2. COMPROMISES GREAT COMPROMISE (REPRESENTATION) TWO HOUSES (BICAMERAL LEGISLATURE): -SENATE (equal representation) -HOUSE OF REPRESENTATIVES (population) House of Representatives Senate 12/17

3/5 COMPROMISE -SLAVERY ALREADY AN ISSUE 3/5 COMPROMISE IS… COUNT 3 OF EVERY 5 SLAVES FOR BOTH TAXATION AND REPRESENTATION. ESSENTIALLY SAYS A SLAVE IS NOT A WHOLE PERSON. 13/17

THE CONSTITUTION 3. RATIFICATION The Federalist Papers (written by James Madison, Alexander Hamilton and John Jay) were written for a New York newspaper and presented reasons for supporting the Constitution. The biggest objection to the constitution was overcome by adding the Bill of Rights (first 10 amendments). 14/17

AMENDMENT WHAT DID IT DO? 1 FREEDOM OF SPEECH, RELIGION, PRESS, ASSEMBLY,PETITION GOV’T 2 BEAR ARMS 3 NO QUARTERING SOLDIERS 4 NO UNREASONABLE SEARCH & SEIZURE 5 GRAND JURY, NO SELF-INCRIMINATION, DUE PROCESS 6 SPEEDY, PUBLIC TRIAL; CONFRONT WITNESSES, ASSISTANCE OF COUNSEL 7 TRIAL BY JURY 8 NO EXCESSIVE BAIL, NO CRUEL AND UNUSUAL PUNISHMENT 9 LISTING OF RIGHTS DOES NOT LIMIT OTHERS RETAINED BY PUBLIC 10 POWERS NOT DELEGATED TO STATES OR PROHIBITED, RESERVED FOR THE STATE 4. BILLOF RIGHTS 15/17

THE KING (AUTHORITY) HAS THE DUTY TO PROVIDE SECURITY. PHILOSOPHICAL INFLUENCES ON THE CONSTITUTION MONTESQUIEU Gives us the idea of “separation of powers”--each branch has it’s own duties SOCIAL CONTRACT THEORISTS GOVERNMENT IS A CONTRACT WITH THE PEOPLE HOBBES THE KING (AUTHORITY) HAS THE DUTY TO PROVIDE SECURITY. PEOPLE AGREE TO FORM A SOCIETY (BY UNANIMOUS CONSENT) AND GOVERNMENT (BY MAJORITY) IS RESPONSIBLE TO THEM. LESS GOVERNMENT = MORE FREEDOM LOCKE ROUSSEAU EACH MEMBER SURRENDERS RIGHTS TO THE COMMUNITY. THE GENERAL WILL IS ALWAYS RIGHT 16/17

“OUT OF MANY ONE E PLURIBUS UNUM It was the motto suggested by the committed appointed by Congress in July 1776 to design a seal for the country -Is the motto that was selected by Charles Thomson in 1782 when he created the Great Seal with the American bald Eagle centerpiece -It represents the union between the states and the federal government 17/17