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CONSTITUTIONAL FOUNDATIONS
The HistoryBarbour and Wright, Chapter 2
Sunday, February 8, 2009
IDEOLOGICAL UNDERPINNINGS
English Civil War (1640-1651)
Armed and political conflicts between monarchists and parliamentarians
Constitutional issue between a king claiming divine right and Parliament professing itself to have rights and privileges and claiming sovereignty
Algernon Sidney, John Milton
Natural rights, representative government, process, and individualism
Sunday, February 8, 2009
EARLY COLONISTS
Jamestown, Virginia 1607
Pilgrims, Plymouth Colony 1620
Puritans, Massachusetts Bay Colony 1629
Middle Colonies: Dutch, German, Irish, English immigrants
Southern Colonies: private ventures
Spanish and French territories
Sunday, February 8, 2009
FRENCH AND INDIAN WAR
1754-1763
Native Americans fought mainly with the French with the exception of Iroquois
Lead to British territorial gains
Sunday, February 8, 2009
FRENCH AND INDIAN WAR
To pay for colonial defense, Britain increased taxes and trade profits
Sugar Act, Stamp Act, Townshend Acts, Tea Act
Sunday, February 8, 2009
TAXATION AND REPRESENTATIONPost-war economy
Increased taxes
No representation in Parliament
Distance and isolation from Britain
Existing tradition of self-governance
Boston Tea Party 1773
Coercive (Intolerable)Acts 1774
Sunday, February 8, 2009
DECLARATION OF INDEPENDENCE
Continental Congress formed
Jefferson writes Declaration
Virginia Declaration of Rights
John Locke’s Second Treatise on Government
Unalienable rights and justification for revolution
Language meant to unify large numbers of colonists
Who was left out?
Sunday, February 8, 2009
REVOLUTIONARY WAR 1775-1783
Americans lacked professional army/navy
Each state had militia lacking arms, training, uniforms
American casualty estimates at 50,000
Spent approx. $150 million fighting (modern equivalent of $74 billion)
Sunday, February 8, 2009
ARTICLES OF CONFEDERATION
Articles of Confederation drafted (1777) and officially passed (1781) by Constitutional Congress
League of friendship between states
Fought a war against big government—didn’t want another
Protection of states rights
Sunday, February 8, 2009
ARTICLES OF CONFEDERATION
Problem 1: Sovereignty
States retained sovereignty—ultimate legal authority of government
Included authority over war and peace and foreign affairs
Post-war national security threats: English, Spanish, Native Americans
Problem 2: No executive
No president, prime minister or king; only weak Congress
Sunday, February 8, 2009
ARTICLES OF CONFEDERATION
Problem 3: No taxation authority
To the colonists, taxation equaled tyranny
Congressional representatives committed states to give money, but states didn’t follow through
Confederation’s treasury was empty; couldn’t pay soldiers
No money for defense, infrastructure, etc.
Sunday, February 8, 2009
ARTICLES OF CONFEDERATION
Problem 4: Economy
Economy troubled from war including massive debt, mostly financed by European nations
States added taxes as goods moved through them to other markets making them expensive
Each state printed and valued its own currency
Post-war recession devolved into depression
Sunday, February 8, 2009
SHAYS REBELLION
Economy worsened to the point where people were losing their homes, businesses and land
States passed debtor relief laws, but Massachusetts legislature would not
Farmers in Western Massachusetts rebelled for over 1 year
Mobbed courthouses and judges to stop them from imposing foreclosure notices
Sunday, February 8, 2009
CONVENTIONMAY, 1787
States worried Shays-type rebellions would happen elsewhere and if something wasn’t done, Revolutionary War would have been for nothing
12 states sent 74 delegates to Philadelphia to discuss revisions to Articles of Confederation
Rhode Island
55 delegates showed up; 35 there consistently; 20 did most the work
No public intention of drafting new constitution —treasonous
Conventioneers wary of stronger national government that would limit states’ sovereignty and power
Sunday, February 8, 2009
DELEGATES
James Madison
Contributions to writing, recording; Virginia Plan
Benjamin Franklin
Alexander Hamilton
George Washington
Added respect and legitimacy to the convention
Missing?: Thomas Jefferson, John Adams, Patrick Henry
Sunday, February 8, 2009
CONVENTION RULES
Recognized that each state had different views, values, agendas and interests
Vow of secrecy
Freedom for open discussion; less vulnerability to attack
No vote was binding
Any motion had to have a second to be discussed
Sunday, February 8, 2009