1. The Constitutional Underpinnings Unit IA Historical Basis and Conceptual Development of the United States Constitution and the Federal Government

2. Classical Origins  Ancient Greece Athenian Democracy  The Assembly  Citizenship  Ancient Rome Republic in Rome  The Senate  The Consuls

3. English Heritage  Magna Carta (1215) Nobles vs. King John Limited monarchy to guarantee nobles rights and protections  Parliament House of Lords House of Commons  Petition of Right (1628) Applied protections of the Magna Carta to rest of the English citizens Restricted the monarchy further  English Bill of Rights (1689) Free parliamentary elections, speedy trials, prohibit cruel and unusual punishment, petition the monarch, no taxation without consent of Parliament

4. The Enlightenment 16th-18th Centuries  Age of Reason Inspired by the Scientific Revolution Empiricism and Logic applied to human behavior Break from tradition, heredity, fundamentalism  Natural Laws applied to society - Natural Rights Each individual born with natural rights such as life, liberty, property Could never be denied like the laws of nature  Social Contracts Established relationships between individuals/citizens and governments Based on mutual consent

5. The Enlightenment from England  Thomas Hobbes Leviathan  Society inherently evil and thus requires a strong central government ex. absolute monarch  John Locke Second Treatise on Civil Government  State of nature - life, liberty, property  Consent of the governed  Right to revolution

6. The Philosophes  Baron de Montesquieu Spirit of the Laws  Checks and balances  Voltaire Advocated individual freedoms; criticized traditional institutions Candide  Rousseau On the Social Contract  Based on the General Will

7. Colonial America  Colonists establish English-based political systems and traditions  House of Burgesses (1619) Representative form of government in Virginia  Mayflower Compact (1620) Social contract for common good/survival  Fundamental Orders of Connecticut (1639) First written constitution Outlined individual rights  Despite various origins, colonists adapt to English-based political systems

8. Colonial Resistance  British Parliament Asserts Control Proclamation of 1763, Sugar Act (1764), Stamp Act (1765)  Ideological Arguments Taxation without representation Virtual representation  First Continental Congress Declaration of Rights and Grievances Petition to the King  Second Continental Congress Olive Branch Petition Declaration of Independence (1776) Articles of Confederation (1777, 1781)

9. Declaration of Independence  Primarily written by Thomas Jefferson  Based largely on Locke’s ideas  Political theory, list of grievances, colonial unity for independence  “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.”self-evidentall men are created equalCreatorunalienable RightsLife, Liberty and the pursuit of Happinessconsent of the governedRight of the People to alter or to abolish it

10. Articles of Confederation  Established a confederation or league of friendship among the states  Unicameral national legislature; NO executive or judicial branches  Equal representation of each state with one vote  9 of 13 states required to pass legislation  Unanimous votes to amend the Articles

11. Articles of Confederation Powers and Limits  COULD Borrow money Create army and navy Declare war Establish post offices Form treaties  COULD NOT Tax states, citizens, goods, income Institute a draft Regulate commerce Regulate national currency

12. Articles of Confederation The Good and The Bad  Accomplishments Treaty of Paris Land Ordinance of 1785 Northwest Ordinance of 1787  Failures Economic conflicts between states Depressions Foreign trade Shays’s Rebellion (1786-1787)  Massachusetts farmers

13. Constitutional Convention  Shays’s Rebellion accentuated the weaknesses of the Articles of Confederation  Annapolis Convention in 1786 called for a delegation of all states in Philadelphia  55 delegates from all states except Rhode Island Well-educated men of means  Designed to modify or rectify the Articles of Confederation Eventually decided to discard the AOC entirely for a new constitution establish a federal republic

14. Virginia Plan New Jersey Plan “Big State” “Small State”  Bicameral Legislature Lower house elected by people Upper house chosen by lower house nominated by state legislatures  Proportional representation in each house  Single one-term executive chosen by Congress  Congress chose judges  Unicameral Legislature State legislatures chose representatives  Equal representation  Congress chose executives  Executives appointed judges

15. The Great Compromise aka The Connecticut Compromise  Bicameral Legislature Lower House - House of Representatives  Proportional representation based on state’s population  Popularly elected Upper House - Senate  Equal representation with two senators per state  Elected by state legislatures

16. North and South Compromises  Southern states feared Northern states dominating Congress given population advantage  Three-Fifths Compromise Slaves counted as 3/5ths a person  Slave Trade Compromise Slave trade would be banned after 20 years in 1808

17. Purpose of the United States Constitution Created: September 17, 1787

18. Constitutional Breakdown  Article I - Congress  Article II - President  Article III - Judiciary  Article IV - Federalism  Article V - Amendments  Article VI - Supremacy  Article VII - Ratification

19. United States Constitution Articles I, II, III

20. National and State Government Article IV  PLEASE REVIEW UNIT IB FEDERALISM FOR ELABORATION

21. Amendment Process Article V

22. Informal Amendment Process  Changing the Constitution without changing the Constitution  Passing laws  Executive actions  Judicial interpretations  Custom and tradition

23. Marbury v. Madison (1803)  The Marshall Court under Chief Justice John Marshall, a Federalist  Judicial question of an Act of Congress (Judiciary Act of 1789) and the Constitution (Article III)  Marshall ruled an Act of Congress cannot trump the Constitution  Established the concept of JUDICIAL REVIEW Supreme Court determines the constitutionality of a law or official act Judicial Review is nowhere found in Article III regarding the Judicial Branch nor anywhere else in the Constitution

24. Constitutional Supremacy Article VI  PLEASE REVIEW UNIT IB FEDERALISM FOR ELABORATION

25. Ratification Article VII  Ratification of the Constitution required 9 of 13 states  Led to the debates between the Federalists and the Anti-Federalists  Eventually, the Constitution will be ratified on June 21, 1788  Delaware, Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, Maryland, South Carolina, New Hampshire, Virginia, New York, North Carolina, Rhode Island

26. Federalists and Anti-Federalists

27. Federalists Papers  Federalist #10 factions  Federalist #51 Checks and balances  Federalist #78 judicial  Federalist #39 federalism  Federalist #70 Chief executive