1. Chapter 2 – The Constitution

2. Historical Background Colonists had a decent life – little oversight Following the French and Indian War (1763) the English parliament passed a series of taxes on newspapers, official documents, paper, glass, paint, and tea – What was this called? – Why did England pass this? – How did the colonists react?

3. Boston Tea Party (s) England passed the Tea Act… Colonists responded w/ the Tea Party England responds by blockade of the harbor

4. Post Tea Party First Continental Congress – September 1774 – no intent of breaking from Britain – just wanted equal rights Second Continental Congress – May 1775 – agreed an army should be raised, and appoint George Washington as its commander in chief Declaration of Independence – July 4, 1776 – Although it was political at the time – listing grievances and announcing a revolution – it was more philosophical – and still is today

5. Declaration Declaration of Independence – July 4, 1776 – Although it was political at the time – listing grievances and announcing a revolution – it was more philosophical – and still is today

6. John Locke The Declaration drew heavily from John Locke’s writings- Natural rights – rights inherent in human beings, not dependent on governments. Life, liberty, property Consent to be governed – government gets its authority from the people Limited government – government should have restrictions to help protect the people – TWO RESTRICTIONS: people must know laws in advance – Property may not be taken without consent

7. “Conservative” Revolution Different from French Revolution (1789), Russian Revolution (1917), and Iranian Revolution (1978-1979) – Colonists just wanted back their freedoms – Did not create class conflicts at the time

8. Articles of Confederation First constitution (adopted in 1777 – enacted in 1781)

9. Powers State Held most of the powers Taxation Create a state court system Enforce laws passed by congress Ultimate decision in their own matters National Limited powers Declare war & wage war Make treaties Settle disputes Petition, request money from states (but no power to collect) Direct the operations of land and naval forces

10. Other items…. Congress negotiates w/ Indians One vote per state (regardless of size) 9 votes to pass any measure – unanimous for an amendment

11. The Government that Failed: 1776-1787 The Articles of Confederation The Good Placed power within the states “league of friendship and perpetual union” Congress had little power National govt could declare war Created fixed standards of weights and measurement Established post offices Ratified treaties

12. The Government that Failed: 1776-1787 The Articles of Confederation The Bad No president or court system and legislation was limited Difficulty passing laws and amending the articles – 9/13 to make new law – 13/13 to amend Maintaining an army and navy without a lot of money to support it No power to tax – asked for donations from states Couldn’t regulate commerce No currency and no way to enforce interstate fairness

13. Constitutional Convention Articles of the Confederation weren’t working – needed a new constitution

14. Two Plans Virginia Plan Bicameral legislature – Lower house elected by people – Upper house chosen by lower house from nominees submitted by state legislatures Representation in each house based on population and/or monetary contributions Single executive chosen by legislative branch – One term, power to veto, removal by congress Judges chosen by legislature New Jersey Plan Unicameral legislature – Representatives chosen by state legislatures – Each state receives one vote Representation in house equal across states Plural executive chosen be legislative branch – No veto power, removal by state Judges appointed for life by the executive

15. Connecticut Compromise Bicameral legislature – Representation in lower house based on population – Representation in upper house based on equal representation

16. More Problems ProblemSolution Slavery and CommerceSlave trade cannot be banned for at least 20 years, cannot tax exports from states Are slaves counted for representation? Three-fifths compromise Equality in voting – universal manhood suffrage? States decide

17. Economics of the Constitution: Powers of Congress 1.Levy taxes 2.Pay debts 3.Borrow money 4.Coin money 5.Regulate interstate and foreign commerce 6.Establish laws of bankruptcy 7.Punish piracy 8.Punish counterfeiting 9.Create standard of weights and measures 10.Establish post offices and roads 11.Protect copyrights and patents

18. Prohibitions and Obligations of the States States could not 1.Coin or issue money 2.Tax imports or exports from abroad or other states 3.Pass laws impairing the obligation of contract 4.Require payments of debts in paper money States were to 1.Respect civil court judgments and contracts made in other states 2.Return runaway slaves from other states

19. Individual Rights Prohibits suspension of the writ of habeas corpus – Jailers must explain why they’re holding prisoners in custody Prohibits Congress or the states from passing ex post facto laws – Can’t punish people for acts that were not illegal at the time Prohibits the imposition of religious qualifications for holding office in national government Upholds the right to trial by jury in criminal cases

20. Constitution fixes of the Articles Constitution created a federal system of govt between national and state levels National govt can tax Congress can regulate commerce between states and with foreign nations National judiciary established National govt ALONE coins money States are represented based on population AND equality Bills need a simple majority 2/3 of congress; ¾ of states needed to amend the Constitution

21. Basic Principles of the Constitution Limited government – belief that the government is not all powerful; only has the powers that are given to it Popular sovereignty – people are the source of the government’s authority Separation of powers – power is separated among three branches of government, each has its own powers and duties and is independent of and equal to the other branches Checks and balances – each branch is subject to restraints by the other two branches Federalism – a division of governmental powers between the national government and the states

22. Checks and Balances

23. Executive: – Over judicial: nominates judges, enforces judicial opinions – Over legislative: can veto legislation Judicial: – Can declare presidential acts or laws made by Congress UNCONSTITUTIONAL

24. Checks and Balances Legislative branch: – Over Pres: approves nomination, controls the budget, can pass laws to override a veto, can impeach and remove from office – Over Judicial: approves pres’s nominations, impeach and remove judges

25. One Final Hurdle Bill of Rights…. Federalists said it didn’t need to be included, the states would take care of it Anti-federalists said it MUST BE STATED

26. ___ Right to bear arms ___ Right to freedom of speech ___ Right to legal counsel ___ Right to protection from cruel punishment ___ Right to freedom of the press ___ Right to trial by jury ___ Right to freedom of religion ___ Right to peacefully assemble ___ Protection from self- incrimination ___ Right to protection from unreasonable search and seizures Which right would you give up first…. Which right would you give up last.

27. Final Activity for the Day There are four countries around the room. Go stand by the country you would most like to visit.

28. Rights and Freedoms With your group YOU MUST choose: Which right would you give up first? Which right would you give up last?

29. ___ Right to bear arms ___ Right to freedom of speech ___ Right to legal counsel ___ Right to protection from cruel punishment ___ Right to freedom of the press ___ Right to trial by jury ___ Right to freedom of religion ___ Right to peacefully assemble ___ Protection from self-incrimination ___ Right to protection from unreasonable search and seizures