Chapter 5

Constitutional Beginnings

The men who wrote itThe problems they struggled to solveThe way their solutions gave birth to a

republic

Historical Context of the U.S. Constitution

Confederation Crises

The American colonists had exported their political, social, and religious patterns and values from the Old World to the New World.

The governments of the colonies was influenced by the structure of the English Parliament.Ex. Virginia’s House of Burgesses was the first

representative assembly in the New World.Principles of representation, participation, and

leadership training in self-government

Colonists expected certain rights as Englishmen:Legislatures had some authority over the

governorsAfter Glorious Revolution (1688) and English

Bill of Rights gave Parliament authority to tax.Colonies assumed the right to levy taxes and to

change their colonial constitutions.

English Bill of Rights (1689)

Britain was too busy fighting wars and was too far away to bother with the colonies and leniently allowed them to self-govern, for the most part.

Government was not very centralized in the colonies because of a lack of transportation and communication.

1. The end of the French & Indian War – Britain owed huge debts for fighting this war.

2. George III became king of Great Britain – He reasserted the political strength of the crown.

Two events in 1760 that made America ripe for independence

George III and Parliament passed the Stamp Act in 1765.

Colonists had to quarter British troops – standing peacetime army.

Colonists believed these actions violated their rights.

Petition of Right – guaranteed basic civil liberties to British subjects.

Tension & War in America

Colonists’ ResponseTarred and feather British customs officialsBurned officials in effigyProtests in response to Boston MassacreBoycott British productsBoston Tea Party

British pass the Intolerable Acts.

Tension & War in America

First Continental Congress meets in 1774 in Philadelphia.

Samuel & John Adams, Patrick Henry, George Washington, et al.

Declaration of GrievancesSecond Continental Congress meets 1775-

1789.War begins at Lexington and Concord 1775.

Tension & War in America

Two tasks faced by the Continental Congress:1. Deal with the military emergency around

Boston2. Present a formal declaration of

independence.

American Independence 1776

George Washington sent to deal with the military issue.

A committee was appointed to draft the declaration: B. Franklin, J. Adams, R. Livingston, R. Sherman, and Thomas Jefferson

Jefferson wrote it.Continental Congress approved it on July 4,

1776.

American Independence 1776

Enlightenment InfluenceNatural laws

1. All men are created equal2. They are endowed by their creator with certain

unalienable rights (including life, liberty, pursuit of happiness)

3. Government is instituted to secure these rights4. If government becomes “destructive” of this

purpose, it can be abolished.Christian Influence

Natural law and God’s law are the synonymous

Declaration of Independence

“For the invisible things of him from the creation of the world are clearly seen, being understood by the things that are made, even his eternal power and Godhead; so that they are without excuse.”

Romans 1:20

John Locke’s idea of the social contract was foundational to the Declaration of Independence passed by the Continental Congress.

The social contract had been used long before Locke, though.

Pilgrims and the Mayflower CompactPuritans and their Congregationalist

Churches

John Locke’s Social Contract

He was a deist.Deism:

1. belief in the existence of a God on the evidence of reason and nature only, with rejection of supernatural revelation.

2. belief in a God who created the world but has since remained indifferent to it.

Roger Sherman was a Christian.

Was Thomas Jefferson a Christian?

Activity on the Declaration of IndependenceWorking with a partner, extract the

grievances and find and tell about a specific example of the grievance in one well-written paragraph.

Do NOT duplicate grievances.

The Declaration of Independence

During the war the Second Continental Congress functioned as the national government.

New state governments were formed to replace the colonial governments. (Remember they no longer consider themselves colonies, but independent countries.)

State legislatures tended to be strong; the executive weak.

States refused to yield the power to tax to the Continental Congress.

War for Independence

Articles of ConfederationGovernment Chapter 5

Articles of Confederation – established by the Second Continental Congress.Ratified in 1781Gave broad powers to the statesUnicameral legislatureNo executiveOne vote per state

The crucial weakness of the Articles of Confederation was the inability of the national government to enforce its policies.Could not levy taxesCould not force states into complianceNot well-respected by state legislatures

Two events precipitated a change in the government:1. Commercial dispute between Virginia &

Maryland over Potomac navigation rights. (identified a need to regulate commerce between states)

2. Shay’s Rebellion – debtor/farmers protest against foreclosures

(caused people to fear anarchy)

Calls for Change

These two events led people to call for a revision of the Articles of Confederation.

Calls for Change

Constitutional Convention

Held in Philadelphia, PA beginning on May 25, 1787.

Lasted 4 months.George Washington unanimously chosen to

preside over the convention.

Constitutional Convention

Two important procedural rules:Rule of secrecyOrganized as a “committee of the whole.”

Constitutional Convention

Within 5 days the delegates decided to scrap the Articles of Confederation and start over to establish “a national government…consisting of a supreme Legislative, Executive, and Judiciary.”

Constitutional Convention

Areas requiring compromise: Representation Slavery Commerce

Constitutional Convention

RepresentationVirginia Plan favored large states.

Bicameral congressRepresentatives allotted based on population House of Representatives would elect the Senate.Legislature had expanded powers to enforce laws,

and elect the chief executive and the judiciary.

Constitutional Convention

Representation:New Jersey Plan favored small states.

Unicameral CongressOne state, one voteCongress to elect weak plural executive

Constitutional Convention

The large states feared that they would be under-represented with the New Jersey plan.

The small states feared domination by the large states under the Virginia Plan.

Constitutional Convention

Solution: The Connecticut Compromise or Great Compromise

Bicameral legislatureLower house elected based on populationSenate would have equal representation from each

state.

Constitutional Convention

Next issue: SlaveryQuestion: Should slaves be counted in

determining representation in Congress?Solution: Three-fifths Compromise – A

slave counted as 3/5 of a person for purposes of representation. Of course a slave could not vote.

Constitutional Convention

For every one hundred slaves, how many were added to the population rolls for representation purposes?

3/5 of 100 = 60

Next issue: CommerceSouth feared that the slave trade would be

halted and that the Congress would tax them by levying export duties on their goods such as cotton, timber, & indigo.

Constitutional Convention

Commerce, continuedSolution:

Congress would regulate foreign and interstate commerce.

Congress would not impose export duties on the states

Congress would not interfere with the slave trade for at least 20 years.

Constitutional Convention

Other provisions include:President elected by electoral college.President can make treaties with Senate

approval.Limited government.

On September 17, 1787 the Constitution was signed.

Constitutional Convention

Ratification Controversy

Nine of the 13 states were required to ratify the Constitution.

However, had New York chosen NOT to ratify, the New England states would have been cut off from the lower states.

Had Virginia voted NO, the southern states would have been cut off from those north of Virginia.

Federalists were pro-Constitution.Anti-Federalists were opposed to the

Constitution.

Publius (Alexander Hamilton) vs. Cato (George Clinton)

Federalists vs. Anti-Federalists

Eighty-five essays written by Hamilton, Madison, and John Jay in support of the Constitution.

Federalist Papers

A collection of writings opposing the Constitution.

Patrick Henry, George Mason, Edmund Randolph, George Clinton, et al

The Anti-Federalist

1. Did not want the federal government to have the power to tax

2. States’ Rights were being curtailed by the Constitution.

3. We the People vs. We the States4. Step toward tyranny5. Absence of a Bill of Rights

Arguments against the Constitution

Patrick Henry“I smell a rat!” The “…salaries and fees of the swarm of

officers and dependents on the government will cost this continent immense sums.”

The Constitution was approved by 11 states by July 26, 1788.

An election date was set, as was an inauguration day for the new government: March 4, 1789.