The FoundingAnd the Constitution: Part One

ObjectivesObjectives• Explain how the American colonies came into being, and

describe the influence of British tradition on the rights citizens came to expect.• Describe the factors that led to the American Revolution,

and explain how the basic principles of the revolution shaped the governments that followed.• Outline the structure and power of government under the

Articles of Confederation, and describe the weaknesses that ultimately led to their failure as a form of government. • Describe the delegates to the Constitutional Convention,

including the issues that united and divided them, and the compromises among them that led to the final document.

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ObjectivesObjectives• Identify the four core principles and major provisions of the U.S.

Constitution, as well as the ways in which it was undemocratic. • Evaluate the arguments of those on both sides of the ratification

battle, and the roles of the Federalist Papers and the Bill of Rights in helping to secure ratification.

• Describe the formal process of amending the U.S. Constitution as well as the informal process of amendment through interpretation.

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The American Colonies

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• Road to English settlement did not really begin until 1606: King James I issued charters to establish American colonies• Motivations for coming to the colonies:• Religion• Economic incentives

• Differences and commonalities among colonists• Sectional quarrels, but• Fundamental similarities: English descent, Protestant, mostly farmers,

property ownership common so more opportunity to vote and participate in politics

Early Colonial Government & Events in EnglandEarly Colonial Government & Events in England• Autonomy from England• Governors: “paper tigers”• Elected assemblies held purse

strings• Magna Carta• “great charter” in Latin• 1215 King John: limited powers• Fundamental basis for the rule of

law

• Civil War• Charles I’s conflict with parliament;

absolute/divine right versus the rights of the English people; invoked the Magna Carta

• Commonwealth period after Charles I beheaded

• James II returned; reasserted divine right and was run out of the country

• Glorious Revolution 1688• English Bill of Rights: basic rights of

Englishmen that limited the power of future kings and queens.

• Together, the Magna Carta and the English Bill of Rights formed part of England’s “unwritten” constitution.

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What did this mean for the colonies?It meant that when conflict arose with England in the 1700s, they would find themselves using these arguments to fight against both the English parliament and its King.

“No Taxation Without Representation”“No Taxation Without Representation”• Colonists considered the taxes unfair and a violation of

Parliament’s power.• Colonists had no representatives in Parliament. • Violation of fundamental principles of the English Bill of Rights.• Sugar Act (1764): imposed duties on certain foreign goods imported into

the colonies – sugar, coffee, some wines. Also hurt the rum trade.• Stamp Act (1765): imposed direct tax on printed materials (from legal

documents to newspapers and playing cards)• Parliament needed money to pay for the French and Indian War (1756-1763);

some of which was fought in North America• Galvanized the colonies

• Stamp Act Congress – reps from nine of thirteen colonies• First official meeting of colonial representatives• Resulted in the Declaration of Rights and Grievances• Sons of Liberty

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“No Taxation without Representation”“No Taxation without Representation”• The British repealed the Stamp Act in February 1766,

BUT…• Declaratory Act (March 1766)

• Reiterated that the colonies were “subordinate unto, and dependent upon the imperial crown and Parliament of Great Britain.”

• Revenue Act (1767) first of the Townshend Acts.• Indirect tax that placed duties on imported goods from

England.• Colonists did not respond well to indirect taxes either!

Massachusetts House of Representatives protested.• England dissolved their legislature and sent British troops

to Boston.• Boston Massacre

• Boston Tea Party• Response to 1773 Tea Act• Britain responds again with Coercive Acts in 1774 as

punishment; closed the Boston Harbor; took control of Massachusetts government.

• Had ramifications for all colonies.• First Continental Congress (1774)

• Agreement reached to engage in boycott of English goods.• Produced declaration of rights and grievances.• Claimed the right to a “free and exclusive power of

legislation”

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Revolution and IndependenceRevolution and Independence• Fighting at Lexington and Concord (April

1775)• Second Continental Congress

convenes in May 1775• Created the Continental Army; George

Washington to command• After a year, the Congress moved to

initiate independence and create the first U.S. Constitution: the Articles of Confederation

• Why the delay?• Many colonists had just emigrated from

England; did not want to break allegiance.

• Thomas Paine: Common Sense (January 1776) 8

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Revolution and IndependenceRevolution and Independence• May 1776• Virginia House of Burgesses instructed its delegates to the Second

Continental Congress: propose independence!• Same month the Congress urged colonies to adopt constitutions

anticipating independence and statehood.• Committee formed to write the formal Declaration of Independence.• Who served on this committee? John Adams, Ben Franklin, Thomas

Jefferson, Robert Livingston, and Roger Sherman.• Jefferson wrote the actual document.

• Greatly informed by Locke’s Two Treatises of Government• Social contract • The idea, drawn from the writings of John Locke and others, that government is

accountable to the people and bound to protect the natural rights of its citizens. If government breaks this contract, the people have the right to rebel and replace the government with one that will enforce it.

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Revolution and IndependenceRevolution and Independence• Preliminary vote July 1 had two colonies opposing independence: • South Carolina and Pennsylvania. • New York abstained as its delegates were unsure of their

instructions.• Congress delayed the final vote allowing for some strategic

actions by S.C. (reversed vote) and PA delegates (two abstained allowing a majority to favor independence). • NY abstained, but would later approve final language.

• July 4, 1776 unanimous declaration in favor of independence from Great Britain.

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Articles of ConfederationArticles of Confederation• By the end of 1776 all but three states had written their own constitutions. Georgia,

New York, and Massachusetts would follow in a few more years.• Colonies were now independent states.

• The Second Continental Congress operated as the national government in the short run, but slow progress was being made towards the creation of a national constitution.

• New states had concerns about centralization of authority and struggled with internal debates about what the best method of representation should be in any national government body.• Proportional versus equal representation?• Where would funding come from?• What about land west of the colonies? Some boundaries were not yet set for

some states.• For this reason, drafting of our first constitution, the Articles of Confederation, took

over one year. • This document created a confederation, or union of independent, sovereign

states.

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Articles of ConfederationArticles of Confederation• Designed to protect state sovereignty• Weak, unicameral legislature• No executive or judicial branch• Only had the powers expressly delegated to it by the states; all other

powers reserved to the states.• Delegates to the Confederation Congress were appointed by the state

legislature.• Each delegation had a single vote (based on majority of delegates; if no

majority, then it must abstain)• Passage of legislation required 9 of 13 votes.• Amendment of the Articles required a unanimous vote.

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Weaknesses of the ArticlesWeaknesses of the Articles• The authors of the Articles were more concerned with limiting

government power than utilizing its positive aspects. • The authors’ political views were state-centric, with divergent

economic interests and a view of other states as competitors. These characteristics would lead to a number of weaknesses in the Articles.

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