1. The Constitution Colonial Period Articles of Confederation Philadelphia Convention Compromises Federalist/Anti-Federalist Debate

2. Colonial Period Colonists shared –fear of religious persecution –desire for liberty and freedom –distrust of government Seven Years War (1755-1763) –British sought tax relief –stamp tax etc. to cover war costs

3. Colonist Objections Taxation without representation –Concept based in Locke and social contract –government derives its powers from the consent of the governed –radical idea for the time What does “consent” mean? How is it manifested? 1775 Second Continental Congress and Declaration of Independence--severed ties to England

4. Constitutional Government To constitute: to establish, to put into force Establishes rules for exercising political authority Defines relationship between the people who elect and those elected; reciprocity Establishes set of legal relationships –Functions of government –Procedures through which functions carried out –Structure of institutions

5. 1777/81 Articles of Confederation States agreed to cooperate for limited purposes Sovereignty in states; not in people States to send representatives to single house legislature & elect president Each state is equal 9 of 13 states must agree to tax themselves National government for army, navy, treaties, ambassadors

6. 1777/81 Articles of Confederation Confederation has no power: –over interstate & foreign commerce: separate state treaties separate state tariffs –over state taxes –to coin money What modern model is like this?

7. Weakness of Articles Groups affected differently by weak national government and conditions in 1780s Small, independent farmers fared o.k. Those dependent on trade and lenders suffered from economic downturn 1786: trade meeting called in Annapolis, MD Shays’ Rebellion (1786) in Massachusetts

8. 1787 Philadelphia Convention meetings held in secret more Federalists attended went beyond charge to revise Articles Virginia (Madison--big states) Plan –Strong central government w/ 3 branches-- legislative, executive, judiciary (Montesquieu) –2 houses of Congress; representation tied to population or taxes paid –1 executive selected by legislature

9. 1787 Convention (continued) New Jersey (small states) Plan –single legislature with power to tax and regulate commerce –each state selects its representatives –states are equal –multi-person executive, elected by legislature –acts of legislature binding on states

10. Colonial Period Population Growth

11. Principles of Compromise Republicanism: people are sovereign, not states Federalism: government divided between states and nation Separation of powers: legislative, executive & judicial w/ different powers Checks & balances: each branch has some scrutiny over the other

12. The Connecticut (Great) Compromise Representation Bicameral legislature –House proportional to population* Voting standards set by state –Senate equal for each state Senators elected by state legislature One person executive (4 yr. term) selected by Electoral College Electors equal to total # of representatives

13. North-South Compromise Economic dilemma--North gets commerce; South gets slavery (labor for agriculture) Art. 1, Sect. 2: Representatives & taxes determined by adding to whole no. free persons, 3/5ths of all others…(South totals 41%, 47%, 50%) Art. 1, Sect. 9: Migration or importation of such persons... not prohibited prior to 1808 Art. 4, Sect. 2: No person held to service or labor in one state shall be discharged from service in another

14. The Judiciary Constitution created Supreme Court to oversee state legislation; rest left to Congress 1789 Judiciary Act passed by Congress, creating subordinate courts and authorizing Supreme Court to issue writ of mandamus commanding federal officials to carry out the law

15. Judicial Review 1803 Marbury v. Madison –1801 Sec.of State Marshall to deliver judicial commissions of Pres. Adams –Marshall then appointed Chief Justice –Marbury went to Sup. Court for his commission (asked it to issue writ) –Marshall found commission legitimate but Congress’ intrusion into Supreme Court authority unconstitutional & estab. review

16. Anti-Federalist Position Brutus of New York National power to tax & “necessary & proper” clause gave Congress complete power over states Federal government should tax only certain things (like commerce) Free republic requires small states of like interests Independent judiciary usurps state powers; threatens judgment by peers

17. Federalist/Anti-Federalist Debate Federalist Position Violence of factions united by passion Public good disregarded in rival conflicts Measures decided by force of majority Cure mischief of factions: –Remove the Cause –Control its Effects