Proclamation Act, 1763

2-British king sent soldiers to, 1764

New Taxes 

1764: tax on sugar and molasses

1765: Stamp Act--tax on legal docs, newspapers

Stamp Act 

was the forerunner of the later Continental Congress. nine colonies protested.

Boston Massacre, 1770

In March 1770, a crowd of colonists taunted 9 British soldiers in Boston; they yelled at the soldiers, hit them with sticks, and threw ice and oyster shells at them.  

At some point, some of the British soldiers fired and when the smoke cleared five American civilians were dead.

Boston Tea Party, 1773 

Tea Party Movement

On April 15th [2009], hundreds of thousands of citizens gathered in more than 800 cities to voice their opposition to out of control spending at all levels of government. Organized in all 50 states were called "tea parties".

"Tea Parties"

were a true grassroots protest of irresponsible fiscal policies and intrusive government." (American Liberty Alliance and Tea Party Patriots)

The Intolerable Acts

The "Tea Party" infuriated the British and they retaliated with laws specifically aimed at decreasing the rights of the colonists in Massachusetts and making an example out of them. 

British closed the port of Boston, imposed military rule

Effects of Intolerable Acts:

•Massachusetts' colonists began to prepare for armed resistance

•Other colonies began to unite with Massachusetts 

•"Committees of correspondence" 

•First Continental Congress in 1774

•Fighting breaks out in Lexington and Concord

Second Continental Congress

Delegates from all 13 colonies met together to form their own colonial government

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.

life, liberty and the pursuit of happiness.

Declaration of Independence

Continental Congress delegates ratified July 4, 1776 The Declaration helped some neutral colonists decideto commit to independence

framework of our Constitution and Bill of Rights

A. All human beings are created equal 

B. All humans are endowed with natural rights

C. The purpose of government is to protect these rights

D. Government is legitimized only by the consent of the governed

George Washington

•Hard-working

•Studious

•Civic-minded

•Virtuous

•Temperate

Washington's military career

•"Short and free of victory" 

•Actually started the French and Indian War

•Little and unimpressive experience

•A political choice to lead Continental Army

• High-minded and just

• Learned from his mistakes, wise 

• Used his pathetic army to good advantage

• Great sense of strategy

• Politically astute in dealing with Continental Congress

• ADORED by those who served under him

Miracle of the Revolution

• 13 separate entities with seemingly no unity, or reason to be unified

• No unified military and then just rag-tag army with no real training

• Defeat was humiliating to British

•Truly had hand of God to prepare a country where the gospel could be restored

The Articles of Confederation

A weak alliance of independent, sovereign states People considered themselves citizens of their statesmore than of an American nation.

Powers under the Articles of Confederation:

• Required 13/13 state votes to amend Articles.

• Could not levy taxes, just "request" funds 

• Could not regulate interstate trade

• Congress could issue money but so could the states

• Too weak to conduct war and manage foreign affairs 

Could not draft for military

Weak Structure of the Articles of Confederation

•There was an over-emphasis on state legislatures because they reflected “the will of the people.”

Constitutional Convention:

•Convention planned to revise the Articles of Confederation

•Not everyone took this convention seriously.

-74 delegates appointed but only 55 participated

Nationalists:

 those who supported a strong central government

Confederalists: 

 those who opposed a strong central government 

Framers

• Well-read and politically experienced

• 40s  

• Lawyers, judges, farmers and plantation owners

"Thoughts on Government"

John Adams

Issues at the Convention

Representation

Slavery

Executive

Virginia Plan

• James Madison's plan for a bicameral legislature with representation based on population

• Gave large amounts of power to the large states 

New Jersey Plan

 William Paterson's plan for a unicameral legislature with equal representation by state

 • Protected the sovereignty of the small states

Great Compromise

Roger Sherman proposed: 

• Lower house: proportional rep (House of Rep)

• Upper house: equal rep (Senate)

Every bill would have to pass BOTH 

Slavery

South worried that congress's power to "regulate trade" could potentially abolish the slave trade.

South wanted slaves to count for representation but not for taxation 

North wanted slaves to count for taxation but not for representation

3/5th Compromise

• Slave trade could not be discussed in congress for 20 years 

• Slaves counted as 3/5 of a person for taxation and representation. 

• Fugitive slaves were to be returned to their owners.

While morally repugnant, without the 3/5th Compromise the Constitution would never have been ratified.

Constitutional Auxiliary Precautions

Structures in the government to make it more difficult for power to become concentrated in any one group's hands; seen by the founders as a backup system to virtue

Legislative: 

Executive: 

Judicial:

Legislative: lawmakers

Executive: law applier/enforcer 

Judicial: law reviewers/interpreters

Federalism

The division of power/authority/sovereignty between the national and state governments. 

Ambiguous

Unknown Who is ultimately in charge…state or national government?

Checks and Balances

Sharing powers or functions between the branches, thereby requiring cooperation and communication between the branches.

Each branch of government has a check on the other two branches

National government's authority

•regulate commerce

•coin money

•declare war

•postal service

•raise military

Enumerated Powers

powers of each of the 3 branches spelled out in black and white in the Constitution

Lower house:

• Represent small districts within states

• 2-year terms  

• Expected to be more moved by public opinion  

-House of Representatives

Upper house:

• Representation equal by state (2/state)

• 6-year terms (staggered elections)

• Expected to be more reflective and wise

-Senate

Indirect Elections

When government officials are NT directly elected by the people but by previously chosen representatives

 ex. supreme court

The Federalist Papers

The Federalist Papers were newspaper essays/editorials used to persuade Americans to ratify the Constitution. (John Jay, James Madison and Alexander Hamilton)

Federalist 10: Theory of the Large Republic

Republics of the past failed because they weren't able to control factions.

Federalist 51

Madison argues for structures in the Constitution to prevent the corruption of the republic.

articles of confederation 

limited the power of the executive branch

Anti-Federalist Leaders 

Patrick Henry 

Samuel Adams  

George Mason

John Adams 

 wrote “Thoughts on Government”

To pass, the constitution required

"super majority" or 9 out of the 13 colonies to ratify.  

Anti-Feds vision of America

•Small agrarian republics guided by the common people

• Feared a large national government would be too distant from the people and wouldtrample individual rights.

Anti-Federalist arguments AGAINST ratification:

1. Opposed to a British-like strong central government

2. Government too distant from the people

3. Violate classical republican precepts

4. "Splendid empire"

5. No Bill of Rights

Technical arguments against ratification:

1. Constitution illegal and illegitimate

2. Ratification process was illegitimate

3. Constitution protected and perpetuated slavery

Federalist Leaders

James Madison

Alexander Hamilton

John Adams

Federalist arguments FOR ratification:

1. Promote economic development

2. Ability to tax 

3. Regulate interstate commerce 

4. Stand up for international trade

5. Regulate money

6. National defense and domestic tranquility

Ratification

6 states quickly ratified

3 states ratified soon after

Technically had necessary 9/13 states but lacked two biggest states:

June 1788:Virginia

July 1788:New York

Why Constitution ratified?

• Bill of Rights promised

• People saw the Constitution as necessary to complete the revolution

• Constitution provided real-world solutions to problems that needed to be dealt with:

-Trade wars and boundary disputes

-Regulate money

-National defense

Reasons against Bill of Rights

A. States already had bills of rights--unneeded

B. How could natural, God-given rights be enumerated?

C. Enforcing rights very difficult

Reasons for Bill of Rights:

A. Federalists promised

B. People needed protection from new large,powerful government

C. Given recent experience with England, couldn't hurt

Narrow Rights

Specifically written (narrow) rights are easier to enforce

Broad Rights

Abstract (broad) rights difficult to apply/enforce

Freedom of conscience: Implied...

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech

Right to privacy

Implied by language in the 1st, 2nd and 4th Amendments

Judicial Review

Constitution didn't make clear who was going to interpret the constitution and decide if rights were being violated.

President? Congress? Courts? Individual States? 

John Marshall 

• Fourth chief justice of the Supreme Court

• Wrote Marbury v. Madison opinion

Marbury vs. Madison

Ruled that the Constitution was supreme over all else and it was the US Supreme Court that interpreted the Constitution.

This US Supreme Court opinion established the US Supreme Court power of judicial revie