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US Government
US Government
Roots
7/4/1776 is the answer. What is the question?How about 9/17 1787?
Signing of the Constitution.
The first was the theory, the second the written concept!How did the US arrive at these ideas and concepts?
The Greeks and Roman RepublicsDemocracy and Representative government
England – Magna Carta, defined rights of people
nobles had to consent to taxationJustice – “no free man can be seized or imprisoned except by the judgement of his equals or by law…”
England – Bill of RightsRight to petitionTrial by juryHold “free” elections
Enlightenment England - Hobbes and LockeFrance – Montesquieu and Rousseau
The ColoniesMayflower Compact – agreement on how to govern Massachusetts. Town Hall meetings (democracy) Led to rights given to all colonistsColonial Rule developed 3 branches of government:
Executive usually Governor appointed by the KingLegislative usually bicameral. WHY?Upper house appointed by the Governor, and lower house elected by the colonistsNot exactly democratic. WHY?
Road to RebellionUntil mid 1700s this was the way America worked: - Britain provided defense and a market for raw materials.
DID NOT INITERFERE IN DAY-TO DAY BUSINESS IN AMERICA.
Changed with the French and Indian War.Britain won but needed cash to cover the cost.Who should pay?1765 Stamp Act!!! Required all official / printed documents have a stamp that must be bought.
A TAX! WHY IS THIS IMPORTANT?
Road to Independence“NO TAXATION WITHOUT REPRESENTATION!”
What does this mean? Where does it come from?
Boston Massacre 1770Boston Tea Party 1773 Intolerable Acts (quartering act) led to First Continental Congress 1774
Declaration of IndependenceWe 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.Where do you think the underlined bits come from?
Articles of Confederation• First functioning Government• Ratified in 1781
– While Revolution is in progress• Most real power with the States
• Lots of quarrelling between the states
• Just one Congress– Unicameral (one house)– each State had 1 representative– it took 9/13 States to pass a law– it took 13/13 States to approve a
treaty or amend the Articles– No executive or judicial branch– Could pass laws, make treaties,
declare war & peace, borrow money, and create a postal system
One major accomplishment – process of admitting new states!
Who had most of the power in the Articles of Confederation?
1. The President2. The Congress3. The States4. The Army
Weaknesses of the A of C1. Congress couldn't require States to obey national laws
(no Judicial branch)2. The central government has little power over foreign
trade3. The Confederation has no effective military force.4. Each state issues its own coins and paper money5. The Confederation must ask states for money to
support the federal Government6. Changes in the Articles require a unanimous vote of the
thirteen, makes it impossible to change the constitution7. At least nine states are required to decide major issuesWhy are these issues?
We NEED a stronger Government!!!Rebellion in Massachusetts because the people are owed money by the Government for fighting in the Revolution. Government cannot pay. WHY?Their homes are foreclosed.“Shays Rebellion” scares a lot of peopleHave a ‘Constitutional Convention,’ to rework the Articles
Philadelphia in May 1787
End up creating a new Constitution
Where was the Constitutional Convention held?
1. New York2. Baltimore3. Washington, D.C.4. Philadelphia5. Richmond6. Atlanta
Constitutional Convention55 delegates from 12 states meet ‘for the sole and express purpose of revising the Articles of Confederation’
“the well-bred, the well-fed, the well-read, and the well-wed”Average age is 42, 2/3 lawyers, 1/3 owned slavesHad political experience, from cities
No Rhode Island, John Adams, Thomas Jefferson, Sam Adams, John Hancock, or Patrick Henry!Father of the Constitution
James Madison of Virginia
Constitutional Conflict!!!
Virginia PlanStrong national governmentThree branches of government
(legislative, executive, judicial)Two houses of congress, based on populationBig states like it!
VA, Penn, NC, Mass, NY, MDJUST before was voted on, NJ introduced a new plan
New Jersey PlanThree branches (same three)ONE house – equal representationTwo executives
Issues of Equality
The Philadelphia ConventionThe U.S. Constitution was developed in 1787 at the Philadelphia Convention. Look at each statement about the Convention below. Do you think it is true (T) or false (F).
Rewrite any false statements to make them true.
1. ____ Delegates from all thirteen states attended the Philadelphia Convention.
2. ____ Thomas Jefferson was the primary writer of the Constitution.
3. ____ The Three-Fifths Compromise dealt with the question of how to count slaves for representation.
4. ____ The New Jersey plan proposed that representation in a national legislature should be based on a state’s physical size.
5. ____ Most delegates to the Convention were white wealthy male landowners.
6. ____ The discussions of the Philadelphia Convention were kept secret from the public.
7. ____ Most delegates to the Convention had little political experience.
Which plan favored a more powerful central government?
1. Virginia Plan2. New Jersey Plan
Constitutional CompromisesConnecticut Compromise
Roger Sherman of Conn presents the compromise
House of Reps is based on populationSenate has two representatives per state (equal representation)
“Upon what principal shall the states be computed in representation?”
Issues of North v. SouthSouth wanted slaves to be counted in population.
Foreshadow of what is to come!
Slavery and the ConstitutionIssue of Slavery
South Carolina and Georgia threatened to leave the Union over the issue. Slaves should be counted for representation but not for wealth and tax. Northern States wanted the opposite
James Madison (Father of the Constitution) comes up with a compromise:
3/5 of slaves were counted, for representation purposes
The ConstitutionThe Individual Rights Issues
Some were written into the Constitution:
Prohibits suspension of writ of habeas corpusNo bills of attainderNo ex post facto lawsReligious qualifications for holding office prohibitedStrict rules of evidence for conviction of treasonRight to trial by jury in criminal cases
Some were not specifiedFreedom of speech and expressionRights of the accused
What about the Executive Branch?Chief Executive
One?Two?/Three?How long should the President serve?
How to choose?Should Congress pick the President?Should the People elect him directly?Electors from each state?
The ExecutiveSingle chief executiveElectoral College to keep Congress and the electorate out!
Clunky systemIntended to prevent the riff-raff from deciding election
4-year term of officeWhat issues might arise?
Constitutional Convention:The Final Agreement
Electoral CollegeHas changed a lot since 1787Number of electors from each state determined by the number of Senators plus RepresentativesWhoever gets 270, wins!
www.270towin.comwww.electoral-vote.com
The Madisonian Model
To prevent a tyranny of the majority, Madison proposed a government
Limiting Majority ControlSeparating PowersCreating Checks and BalancesEstablishing a Federal System
Federalist Paper #51
The Madisonian Model
The Madisonian Model
The Madisonian Model
The Constitutional RepublicRepublic: A form of government in which the people select representatives to govern them and make lawsFavors the status quo – change is slow
The End of the BeginningThe document was approved, but not unanimously. Now it had to be ratified.
Amending the Constitution
Constitutional Change
The Informal Process of Constitutional Change
Judicial InterpretationMarbury v. Madison (1803): judicial review
Changing Political PracticeTechnologyIncreasing Demands on Policymakers
RatificationRatify – to approve
FederalistSupported the ConstitutionIn favor of ratifying From larger states, cities, merchantsAlexander HamiltonJames MadisonJohn AdamsGeorge Washington
Anti-FederalistAgainst the constitutionWould create an overbearing central government opposed to personal freedoms
Would ruin the country with taxesStates could better represent their citizens
Giving up state power to Federal Government scared them – it was what they had just defeated! Patrick HenryAaron BurrSam AdamsThomas Jefferson
Federalist PapersWritten to support the ratification of the constitutionWritten in newspapers by anonymous authors (mostly A. Hamilton, J. Jay, J. Madison)
Federalists vs. Anti-Federalists
Federalists vs. Anti-FederalistsAnti-Federalist viewConstitution was a document written by aristocrats, for aristocrats (remember: “the well-bred, the well-fed, the well-read, and the well-wed” Average age is 42, 2/3 lawyers, 1/3 owned slaves.)
Wanted a list of guaranteed liberties, or a bill of rightsSaid it weakened the power of the states!
Constitution Ratified
The Federalists win out, but agree to the creation of a “Bill of Rights” specifically granting individual liberties. First President Washington (Who unanimously chose him?)Bill of Rights ratified 1791 (Ga, Ma and Ct did not support it).
First 10 Ammendments.
