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Chapter2PowerPointSpring2021.pptxChapter 2
The Constitution and it’s framing.
Lesson Plans
1. History and philosophy leading up to the constitution.
2. The revolution
3. Articles of Confederation
4. Constitutional Convention
5. Key Figures
6. Compromises
7. Amendments
Enlightenment and the Country’s founding
The founding of the country was based in principles in the European enlightenment.
One of the Enlightenment’s goals was to base governance on rationality.
Prior to the Enlightenment, governance was justified through tradition rather than reason.
Locke v Hobbes
Hobbes argued that the rationality for government was to prevent the state of nature.
Hobbes argued that life without the state would be a war between all and nasty, brutish and short. He advocated for a dictator to prevent this.
Locke disagreed. Locke argued that people would rather deal with what he called the mischief of foxes and polecats than to be devoured by lions.
This means that conflicts between individuals are manageable, but a tyrannical state is impossible to avoid.
Locke’s justification for a state is the social contract which is an agreement that the state protects rights. However if a state abuses its people, then it loses its legitimacy.
Locke’s principles drove the American Revolution.
The Revolution
The colonies originally had more freedom to run their own land prior to the Seven Years War (war between France and England).
The colonists were prevented to settle past Appalachia.
To pay back the taxes that resulted from the Seven Years War, England levied taxes on the colonists.
Colonists demanded representation in Parliament.
Stamp Act, (Tax on Paper goods) Townsend Act (Tax on glass, Tea, Paint)
The Colonies boycotted British Manufacturing goods.
Britain sent troops to the colonies, leading to an altercation with the troops known as the Boston Massacre
Britain passed an act that granted a monopoly on the British East India Tea Company, which led to the “Boston Tea Party.”
The Revolution cont.
These acts led to the state of Massachusetts to revolt, followed by the rest of the colonies.
The Declaration of Independence laid out the principles that drove the colonies to revolt against England.
This listed out the ways that Britain abused its power regarding the Social Contract.
“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”
This quote has driven the ideals in which we govern ourselves.
Articles of Confederation
Immediately following the revolution, the new nation agreed on the Articles of confederation.
The articles of confederation is the governing body that ruled the nation between the end of the Revolution and the creation of the constitution.
A confederation is a union of independent entities with a weak central government.
The central government had the rights to establish treaties with native tribes and foreign countries, coin currency, borrow money and settle disputes between states. The articles could only change with unanimous approval of all the states.
Failures of the Articles
The central government could not raise a revenue through taxation. The national government could only request money. This meant that the government often could not raise sufficient money and the national currency wasn’t worth anything.
The federal government couldn’t levy a military.
The issues with the Articles of Confederation challenged by a rebellion led by a Massachusetts farmer named Daniel Shays. The national government was unable to respond to Shays’ rebellion, leading to calls to reform the articles.
Required unanimous support for any amendments, which made addressing issues with the Articles
What is a Constitution?
A constitution is a body of principles or precedents that determine how a government must be governed.
Some constitutions are written, others are based on judicial precedents, statutes (laws), and customs.
The United Kingdom is governed through an unwritten constitution.
This is the highest body of law that governs each body in the country. All laws on the national, state and local level must follow the United States Constitution.
The new constitution’s goal is to address the failures of the Articles of Confederation.
Constitutional debates
How to allocate representation. (population vs states)
Slavery vs Abolition
Federal power vs states power
Liberty vs Security
Federalists v. Anti Federalists
The Federalists advocated for the constitution. They wrote the Federalist Papers, which promoted the principles of the constitution. They argued that a centralized federal government was essential.
The Federalists were elite members of society. They were primarily businessmen.
Anti-Federalists opposed the ratification of the constitution. It argued that it granted too much power to the federal government. They called for a Bill of Rights in order to protect individual and states rights.
Anti-Federalists represented southern states, they were concerned with how the tariffs and taxes would harm farmers.
The Federalist Papers
The Federalist Papers were 85 essays published to argue for the Constitution.
Federalist 10 brought about fears of developing political parties.
In Federalist 51, Madison argued that to prevent any one person gaining power requires the separation of powers that checks other branches. He argued that “Ambition counteracts Ambition”
Madison believed that the House, Senate and Presidency would each act in their own interest. Modern Political Parties challenge this assumption, as members in the House and Senate benefit from their party’s presidencies.
Key Figure: Thomas Jefferson
Author of the Declaration of Independence.
First Secretary of State
Supported limited government.
Advocated for a country that benefited agriculture rather than commerce.
Facilitated the Louisiana Purchase as the Third President.
Key Figure: Alexander Hamilton
First Treasury Secretary
Author of most of the Federalist Papers.
Advocated a strong central Government.
Supported a government that would foster commerce.
Advocated for a national bank, arguing for a broad interpretation of the constitution.
Has a hit musical on Disney Plus
Key Figure: James Madison
Author of the Constitution.
Author of the Bill of Rights
Advocated for the Separation of Powers and Checks and Balances.
Fourth President of the United States.
Author of many of the federalist papers.
Key Figure: George Washington
Was the general of the Continental Army during the American Revolution
First President
Codified the tradition of two presidential terms.
Presided over a feud between Jefferson and Hamilton, which led to the first two political parties.
Criticized political parties.
Opposed foreign entanglement.
Key Figure: Patrick Henry
Opposed the constitution
Advocated for a Bill of Rights
Defending States Rights and a strict interpretation of the constitution.
Opposed the federal government taking over the debts of the states.
Major concepts in the United States Constitution
Separation of Powers.
As the Constitution was resulted from the American Revolution, the founders distrusted concentration of powers. To prevent this, they established three branches of government.
Federalism
As the United States was a collection of independent states, the constitution determined where the power in the national government resided, and what powers the states have.
Natural Rights
These are rights that the framers decided that must be protected. These are listed in the Bill of Rights.
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Compromises
Representation: Large states supported the Virginia plan, which was Representation based on population.
Small states supported the New Jersey plan which granted equal representation to states.
Resulting in the great compromise that created two bodies one represented by population, the other by state, (house and senate)
3/5’s compromise granted representation to states for slaves by counting each slave as 3/5ths of a person.
Separation of powers, checks and balances
Federal powers were granted to the federal government, however there were powers that were reserved to the states
Supremacy Clause
The Supremacy Clause states that the Constitution, laws passed by Congress and treatise made by the federal government reign supreme over states.
The Bill of Rights protected the states by granting states rights by granting the states powers that aren’t delegated to the federal government.
All powers not explicitly given to the national government are reserved to the states.
Amendment process
The framers understood that the constitution needed to be a living document, in order to accomplish this goals they created an amendment process to change the constitution.
The constitution can be amended by Congress, by receiving a 2/3s majority of both houses of congress. Then the states ratify it, if the amendment is ratified by 3/4ths of the states then it’s passed into law.
The states can also propose amendments. One way is if 3/4s of state legislatures vote to ratify an amendment, then it becomes a constitutional amendment. Another is through petitions, if 2/3s of states petition for an amendment, then congress must consider the amendment.
The first 10 amendments are the Bill of Rights.
Parts of the Constitution
Preamble: We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Article One: The Legislative Branch
Article Two: Executive Branch
Article Three: Judiciary Branch
Article Four: Equal Justice Across the States
Article Five: The Amendment Process
Article Six: Supremacy clause of the Federal government and Treatises.
Article Seven: The ratification process.
Bill of Rights
1st amendment: freedom of speech, assembly and religion.
2nd Amendment: right to bare arms, or right to a regulated militia.
3rd Amendment: prohibition of quartering soldiers.
4th Amendment: Protection against warrantless searches
5th Amendment: prohibits double Jeopardy and requiring self incrimination.
6th amendment: right to a speedy trial and representation.
7th amendment: right to a jury.
8th amendment: prohibition against excessive fines and cruel and unusual punishment
9th amendment: protection of rights of that aren’t explicitly stated in the constitution
10th amendment: Protections of the states rights.
Major Constitutional changes (not necessarily amendments)
The Supreme Court power to check the Constitutionality of Laws resulted from the Court Case named Marbury v Madison
The Veto power of the president changed in the Jackson administration, prior to the Jackson Administration, the veto was used in case of constitutional question. Jackson vetoed bills that he disagreed with.
The 14th Amendment created foundational changes in which states were forced to follow the Bill of Rights. Prior to the Bill of Rights, the rights laid out in the Bill of Rights were Protected from the federal government. The Fourteenth Amendment prevented states from abridging rights without due process.
