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HISTORICAL DOCUMENTS Declaration of Independence
Articles of Confederation Northwest Ordinance Constitution Federalist v. Antifederalist Papers Bill of Rights
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LEARNING GOALS The student will be able to:
Explain the key political ideas found in the Declaration of Independence, Northwest Ordinance, Articles of Confederation, Federalist Papers, Anti-Federalist Papers, Constitution and Bill of Rights. Analyze how these documents continue to serve the needs of the United States of America.
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EVENTS LEADING TO INDEPENDENCE
End of French and Indian War Treaty of Paris gives Great Britain claim to all of North America east of the Mississippi River Proclamation of 1763 To avoid further conflict with Native Americans, British government prohibited colonists from settling west of the Appalachian Mountains Colonists ignored proclamation line
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PROCLAMATION LINE of 1763
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NEW TAXES Sugar Act Taxed sugar and other goods
Placed duties on certain imports that had not been taxed before Colonists accused of violating act would be tried in vice-admiralty courts – single judge rather than jury
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STAMP ACT Imposed a tax on documents and printed items such as wills, newspapers, and playing cards First tax affected colonists directly because it was levied on goods and services Colonist harass stamp distributers, boycott British goods Prepare Declaration of Rights and Grievances
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TOWNSHEND ACTS Townshend Acts imposed duties on glass, lead, paints, paper and tea imported into the colonies Colonists protest “taxation without representation” Organize new boycott of imported goods
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BOSTON MASSACRE Taunted by angry mobs, British troops fire into the crowd, killing five colonists Colonial agitators label the conflict a massacre and publish dramatic engraving depicting the violence
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TEA ACT Britain gives the East India Company special concessions in the colonial tea business and shuts out colonial tea merchants Boston Tea Party - Colonists in Britain rebel, dumping 18,000 pounds of East India Company tea into Boston harbor
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INTOLERABLE ACTS King George III tightens control over Massachusetts by closing Boston Harbor and quartering troops Colonial leaders form the First Continental Congress and draw up a declaration of colonial rights
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“The British are coming”
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LEXINGTON & CONCORD General Gage orders troops to march to Concord, Massachusetts and seize colonial weapons Minutemen intercept the British and engage in battle “shot heard around the world” Second Continental Congress called Formed Continental Army & appointed G. Washington as commander Issued Olive Branch Petition – last attempt at resolving differences
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Lexington & Concord – April 18,1775
The Shot Heard ’Round the World! Operations began with an attempt to seize a cache of arms reported to be at Concord, a town 16 miles from Boston, past the village of Lexington. Secrecy was lost and when the British reached Lexington at first light on 19 April they found about seventy militia drawn upon in two lines. Heavily outnumbered, the militia began to disperse, although not to lay down their arms, when someone, it is not clear who, fired. The shot was followed by two British volleys and the militia scattered. Concord was not such an easy proposition. The British were able to occupy the undefended town but then withdrew in the face of militia pressure. On their route back to Lexington they suffered grievously from sniping, their flanking maneuvers being insufficient to prevent ambushes. At Lexington a relief column under Brigadier- General Hugh Percy lessened the pressure, although there were renewed attacks on the route back to Boston. Percy reported to Gage the following day: In obedience to your Excellency's orders I marched yesterday morning at 9 o'clock with the 1st brigade and 2 field pieces, in order to cover the retreat of the grenadiers and light infantry in their return from their expedition to Concord. As all the houses were shut up, and there was not the appearance of a single inhabitant, I could get no intelligence concerning them till I had passed Menotomy, when Iwas informed that the rebels had attacked his Majesty's troops who were retiring, overpowered by numbers, greatly exhausted and fatigued, and having expaned almost all their ammunition - and at about 2 o'clock I met them retiring rough the town of Lexington - I immediately ordered the 2 field pieces to fire at the rebels, and drew up the brigade on a height.The shot from the cannon had the desired effect, and stopped the rebels for a little time, who immediately dispersed, and endeavoured to surround us being ery numerous. As it began now to grow pretty late and we had 15 miles to retire, and only 36 rounds, I ordered the grenadiers and light infantry to move of first; and covered them with my brigade sending out very strong flanking parties wch wre absolutely very necessary, as there was not a stone wall, or house, though before in appearance evacuated, from whence the rebels did not fire upon us. As soon as they saw us begin to retire, they pressed very much upon our rear guard, which for that reason, I relieved every now and then. In this manner we retired for 15 miles under incessant fire all round us, till we arrived at Charlestown, between 7 and 8 in the evening and having expended almost all our ammunition. We had the misfortune of losing a good many men in the retreat, though nothing like the number which from many circumstances I have reason to believe were killed of the rebels. His Majesty's troops during he whole of the affair behaved with their usual intrepidity and spirit nor were they a little exsperated at the cruelty and barbarity of the rebels, who scalped and cut off the ears of some of the wounded men who fell into their hands. In fact, no one was scalped and no ears were cropped. Jeremy Lister, who was wounded on the retreat, wrote of ' general firing upon us from all quarters, from behind hedges and walls'. The news of the shedding of blood produced an outraged response throughout New England and a substantial force soon encircled the British in Boston. Poorly organized and supplied, largely dependent on their personal arms , and short of powder and ball, the Revolutionaries nevertheless benefited from the heavy British losses on 19 April, which discouraged Gage from acting until he received reinforcements and ensured that when he did act it would be in order to improve his defensive position, not to end the encirclement or to attack further a field. Meanwhile the Revolutionaries were entrenching their positions, one British observer, writing on 31 May, that they had strongly fortified 'every road, every pass and every hill within ten miles of Boston' so that even if the British attacked successfully their army would be decimated. Lexington & Concord – April 18,1775
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IDEAS BEHIND THE REVOLUTION
Enlightenment ideas spread throughout the colonies in the 1760s and 1770s John Locke – key Enlightenment philosopher People have natural rights – life, liberty, and property Social contract – every society has an agreement in which the people consent to choose and obey a government so long as it safeguards their natural rights Government violates social contract – people can overthrow the government
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IDEAS BEHIND THE REVOLUTION
English Law Magna Carta acknowledged certain specific rights including due process, speedy trial, trial by jury of one’s peers Monarch did not have absolute authority, subject to rule of law English Bill of Rights Due process, speedy trial, trial by jury, no taxation without consent of property owners, presumption of innocence, no standing army during peacetime, no quartering of troops, freedom of travel, guarantee of regular legislative sessions
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PHILOSOPHY Richard Henry Lee moved for independence on June 7, 1776
“These United Colonies are, and of right out to be, free and independent states. . .” Motion adopted on July 2, 1776 Formal explanation was needed to rally resistance at home and invite foreign nations to aid the American cause, especially France
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DECLARATION OF INDEPENDENCE
Three major parts: Preamble (heavily influenced by John Locke) List of 27 grievances of the colonies seen by Congress as the most important part Formal declaration of independence
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GRIEVANCES Underwent the most change from the original draft
– 24 changes Charged the King: with imposing taxes w/o consent eliminating trial by jury abolishing valued laws establishing military dictatorship Maintaining standing armies in peacetime Cutting off trade Burning towns Hiring mercenaries Inciting Indian violence upon colonies
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DECLARATION OF INDEPENDENCE
Officially broke ties with England United States officially an independent country Result: foreign aid could be successfully solicited Source of inspiration
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ARTICLES OF CONFEDERATION
Outlined the form of government in the new United States
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ARTICLES OF CONFEDERATION
Americans now had to create new political system Americans favored a republic – government in which citizens rule through their elected representatives Many feared democracy – government directly by the people Power in hands of uneducated masses
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ARTICLES OF CONFEDERATION
Confederation – an alliance between the thirteen states Congress – one vote per state Power to declare war Make peace Sign treaties Borrow money Coin money Establish postal service
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NEW LAND POLICIES Beginning of the Revolution By 1790’s
Only a few thousand lived west of the Appalachian Mountains Treaty of Paris of 1763 Proclamation Line of 1763 Forbid moving West By 1790’s Treaty of Paris of allowed Americans to move west Around 120,000 Settlers wanted to organize their lands and join the Union
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STATES RELINQUISH TERRITORIES
All states relinquished land claims in the new territory and gave it to the congress
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CONGRESS IN DEBT Congress had no power to tax the inhabitants of the United States Goal of the Land Ordinance of 1785 To raise money through the sale of land Pay off war debts Organize new territories gained under the Treaty of Paris of 1783
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DIVIDING AND SELLING LAND
Congress surveyed and Divided the land in order to sell it to people moving west. They passed the “Land Ordinance of 1785” to divide the land.
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DIVIDING THE LAND Divided into Townships
6 Miles Long Townships divided into 36 Sections 640 Acres Sold at public auctions for at least $1
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LAND SPECULATIONS Speculators viewed the law as an opportunity to accumulate land cheaply Concerned with the lawlessness in the West, Richard Henry Lee urged, “the rights of property be clearly defined” Congress solved this problem by setting up a new Ordinance called “The Northwest Ordinance of 1787”
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THE NORTHWEST ORDINANCE
Setting up government in the Northwest Territory
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THE NORTHWEST ORDINANCE
Passed in 1787 Created the Northwest Territory Would divide the lands into 3-5 smaller territories
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SETTING UP BOUNDARIES Northwest Territory Boundaries
First Organized Territory of the United States Boundaries South of the Great Lakes North and West of the Ohio River East of the Mississippi
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ABOLITION OF STATE CLAIMS
The new territory was to be controlled by the central government States had to give up their land claims in the West Congress would be the legislative body of the new territories
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REACHING STATEHOOD When the territory reached a population of 5,000 “free male inhabitants of full age” they could form a legislature. Once the Territory reached a population of 60,000 it could apply for statehood These states would be admitted to the Union with equal rights of the original 13 states.
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ESTABLISHING CIVIL RIGHTS
Property Rights were Promised Religious Tolerance was proclaimed Free Public Education No Cruel or Unusual Punishment Trial By Jury NO SLAVERY
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THE PROHIBITION OF SLAVERY
Slavery and Involuntary Servitude was illegal
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RIGHTS OF THE NATIVE AMERICANS
“The utmost good faith shall always be observed towards the Indians; their land and property shall never be taken without their consent; and , in their property, rights, and liberty, they shall never be invaded or disturbed.”
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Under the Articles of Confederation, the states had most of the power while the national government was weak.
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THE NATIONALISTS By the 1780’s an influential group called “The Nationalists” wanted to strengthen the federal government. The nationalist included: former military officers, congressmen, planters & lawyers. George Washington Benjamin Franklin James Madison Alexander Hamilton
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NATIONALIST CONCERNS WITH THE ARTICLES
The Federal Government is too weak under the Articles. Lack of a national court system & no economic policies = chaos The US Government wouldn’t command respect from other national governments. American citizens challenge to authority & demand of individual freedoms was getting out of hand.
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Shays Rebellion.. giving the Nationalists support
The Causes: The wealthy loaned states $ to fight the revolution. After the war wealthy lenders demanded payment. To get payment they forced state government to raise taxes - $ to repay loans. In Massachusetts, the state raised taxes only to be paid in gold and silver which was more scarce and valuable than paper $. Farmers in the West were hardest hit by the taxes & after complaining to the deaf ear of the legislature they revolted. “this is taxation without representation”
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FARMERS DRIVE OFF THE TAX COLLECTORS
The farmers complain to the state legislature to: Take back the taxes The legislature refused The courts seized their possessions So the Farmers…
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THE REVOLT The farmers: Drove off the tax collectors
Forced the courts to close Rioted Marched to the gun depot in Springfield. Congress was helpless
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EFFECTS OF SHAY’S REBELLION
Realizing they were helpless in restoring order- No army No aid to the states Congressional leaders decided to meet in Philadelphia to fix the articles and strengthen the federal government.
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“at Philadelphia on the second Monday in May next, to take into consideration the situation of the United States, to devise such further provisions as shall appear to them necessary to render the constitution of the Federal Government adequate to the exigencies of the Union.” - Call of the Annapolis Convention
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“for the sole and express purpose of revising the Articles of Confederation and reporting to Congress and the several legislatures such alterations and provisions therein as shall when agreed to in Congress and confirmed by the States render the (Articles) adequate to the exigencies of Government and the preservation of the Union.” The United States in Congress Assembled, Feb. 21, 1787
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ON TO PHILADELPHIA… Franklin Hamilton Madison Washington
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SELECTED FRAMERS OF THE CONSTITUTION
Name State Occupation Dickinson, John Delaware Lawyer Ellsworth, Oliver Connecticut Franklin, Benjamin Pennsylvania Inventor Gerry, Elbridge Massachusetts Merchant Hamilton, Alexander New York King, Rufus Madison, James Virginia Politician Mason, George Morris, Gouverneur Morris, Robert Paterson, William New Jersey Pinckney, Charles South Carolina Randolph, Edmund J. Rutledge, John Washington, George Soldier
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REPRESENTATIVES Each state sent participants (except Rhode Island)
Leaders appointed by state legislatures – members elected by property owner voters 55 delegates convened on May 25, 1787
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ABSENCES Jefferson – in Paris – called group “convention of demigods”
Strong anti-nationalists Patrick Henry, Richard Henry Lee, Samuel Adams did not attend Washington elected President
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THE PHILADELPHIA CONVENTION
James Madison
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JAMES MADISON’S PLAN National Principle –national government should be stronger than the states Would prefer to make states administrative bodies but delegates would never agree Believed government drew its power from the people, not states
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MADISON’S PLAN Separation of powers Articles Scrapped
Each independent of each other with specified powers Improve upon the state legislatures that dominated Articles Scrapped Went against Congress’s explicit wish to revise U.S. government peacefully overthrown States in danger of losing sovereignty
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REPRESENTATION ISSUE Madison’s Virginia Plan (Large State Plan)
Representation in both houses of a bicameral Congress based on population Larger states would have a political advantage
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REPRESENTATION ISSUE Dickinson’s New Jersey Plan (Small State Plan)
“Equal Representation” in a unicameral Congress by states, regardless of size & population Weaker states feared that under Virginia’s plan stronger states would band together and dominate the rest Impasse between the large & smaller states threatened to break up convention
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MAY 30TH PROPOSAL “Resolved. . . That a national Government ought to be established consisting of a supreme Legislative, Executive, and Judiciary.” Edmund Randolph, Delegate from Virginia
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GREAT COMPROMISE Strong, independent executive branch
Military commander in chief Wide powers to appoint domestic offices Veto power Electoral College used to elect president rather than direct vote
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GREAT COMPROMISE Smaller states conceded representation by population in House of Representative Larger states conceded equal representation in Senate Every money bill would originate in the House since big states would have to bear a larger burden of taxation
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CONSERVATIVE SAFEGUARDS
Purpose was to check the excesses of the “mob” Unanimous feelings that manhood suffrage democracy was something to be feared Safeguards Federal judges appointed for life Electoral college Senators chosen by state legislatures
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END OF CONVENTION No one completely satisfied
Needed 9 out of 13 to ratify No Bill of Rights States already had them Some delegates feared a new gov’t could do anything not expressly prohibited Fragile consensus Constitutional Ratification Chart
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NOTES OF DEBATES “Sir, I agree with this Constitution to all it faults, if they are such; because I think a general Government necessary for us. . . I doubt. . . Whether any other Convention we can obtain, may be able to make a better Constitution. For when you assemble a number of men to have the advantage of their joint wisdom, you inevitably assemble with those men, all their prejudices, their passions, their errors of opinion, their local interest, and their selfish views. For such an assembly can a perfect production be expected? It therefore astonishes me, Sir, to find this system approaching so near to perfection as it does . . .” - Ben Franklin, September 17, 1787
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HOW WERE THINGS FIXED?
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RATIFICATION PROVES TO BE A CHALLENGE
9 out of 13 states had to ratify for the new constitution to go into effect The ratification would be democratic: state citizens would elect conventions to decide whether or not to ratify Even with all the compromising, large and small states could still not agree Leaders split into two factions 1. the Federalists (pro-ratification) 2. the Anti-Federalists (anti-ratification)
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AND IN THIS CORNER…THE FEDERALISTS
Alexander Hamilton James Madison John Jay Proponents of the Constitution Believed in a strong National Government Knew that state governments would be reluctant to ratify a document that would strip them of power Appealed directly to state citizens through rallies and written propaganda (Federalist Papers??)
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FEDERALISTS CONTINUED…
Argued that state legislatures, NOT the people had approved the failed Articles The new Constitution would protect America against tyranny and corruption through its strong system of checks and balances, the three branches of government, and the bi-cameral legislature Did not see a need for an addition of a bill of rights Constitution should remain “as-is” – since the Constitution did not list any specific rights, no rights would be left out
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THE FEDERALIST PAPERS Written by James Madison, John Jay, and Alexander Hamilton A collection of 85 articles written to convince New York state to approve the Constitution James Madison’s papers #10 and #51 would prove to be the most influential and important
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THE FEDERALIST PAPERS CONTINUED FEDERALIST #10
“Liberty is to faction what air is to fire, an aliment without which it instantly expires. But it could not be less folly to abolish liberty, which is essential to political life, because it nourishes faction, than it would be to wish the annihilation of air, which is essential to animal life, because it imparts to fire its destructive agency.” -James Madison
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THE FEDERALIST PAPERS CONTINUED FEDERALIST #10
Main points of #10 Factions, defined as “any group of citizens who attempt to advance their beliefs or economic status at the expense of other citizens” are dangerous and real threat to liberty A well-formed, strong union can break and control the violence of any faction The US Constitution will provide protection against dangerous factions by uniting the nation’s citizens
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THE FEDERALIST PAPERS CONTINUED FEDERALIST #51
“In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.” -James Madison
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THE FEDERALIST PAPERS CONTINUED FEDERALIST #51
Main points of #51 Humans by nature form alliances around common shared beliefs Different interests must be represented in coalitions, aka alliances made by citizens coming together for the same cause Madison argues that the best and most successful coalitions can only be formed in a large republic united under one form of rule The bigger the republic, the greater the variety of interests, the greater the variety of interests, the larger and more successful the factions
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SO… WHAT DID THESE “PAPERS” ACCOMPLISH?
Probably only played a small role in securing ratification However…. They have a lasting value as an authoritative and inspiring explanation of the Constitution Showed citizens the importance of considering human nature when choosing a method of government Showed that both humans AND government can be corrupted – a form of government must protect against corruption and prevent both citizens and leaders from abusing their power
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STILL Not Ratified… What now??
Even with the efforts of men like James Madison, not all states were on the Constitution bandwagon People were still very afraid that all of the rights they fought for in the war were being threatened by the Constitutions open-ended structure The solution? The Framers realized that ratification would NEVER happen without at least the promise of a “bill of rights” – something the framers had been avoiding
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THINK AHEAD… What types of problems do you foresee the framers having when putting together the promised “Bill of Rights?” Do you think that the views of the Federalists or the Anti-Federalists were more representative of mainstream America? Why? Are the views of either group still visible in American politics today?
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