(2) The Constitution and Its Orgins - Notes

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  (2.1)  The Pre-Revolutionary and the Roots of American Political Tradition

Governing Principles in every colony

  • Consent of the governed allows for a government to exist
  • Power is divided amongst separate institutions
  • Citizens' rights must be protected
John, King of England (1166 - 1216)
Magna Carta - document signed by King John in 1215 and was the root of limited government. Stated that future monarchs cannot do certain things that would pit the people of England in danger.
      • "No freemen shall be taken, imprisoned... or in any way destroyed... except by the judgement of his peers or by the law of the land."
        ⤷ Important figures: King John, John Locke

Colonial America gave free white males property rights - the right to acquire property and it's the government's duty to protect it.


            ⭐Social Contract⭐
  • If broken, the people have the right to withdraw their consent to the governed and form a new government.

History of Self-Government
                 ↓
                 People should be able to govern themselves.
  • Americans were accustomed to representation because of Parliament which led to all states having legislatures.
    • Ex) Virginia House of Burgesses, Mayflower Compact
⭐ The Revolution only began one representative self-government was threatened.
  • Before 1763, the King of England basically neglected America, so colonists were used to being self-governed. They...
    • had low taxes
    • made their own laws
    • were property owners
    • had a lot of resources = rich economy

⭐Seven Years War⭐ (1756-1763) Britain vs. France
  • Aftermath 
    • taxes were levied to colonists to pay for Britain's war debts
    • people who're accused of smuggling were punished without trial
    • Proclamation of 1763
Boston Tea Party (Dec. 1773)
Responses to Colonial Acts of Defiance
  • Stamp Act of 1765 - taxed paper goods and required stamps; quickly repealed
  • Townshend Act (1767) - taxed everyday items (eg. glass, tea, paint); led to boycotts of British goods
  • Boston Massacre 
  • Coercive Acts (1774) - Britain punishes Massachusetts for leading the resistance to their rule by abolishing their town meetings, which inhibited the state's ability to self-govern. 

1st Continental Congress (1774) - 3 goals:
  1. unify colonies against Britain in case they need to go to war
  2. create a list of grievances 
  3. repair relations with Britain
2nd Continental Congress (May 1775) - Writing the 1st Draft of the Declaration of Independence

July 2, 1776 - DoI is signed; Congress declares America independent

  (2.2)  Articles of Confederation
            ⤷ Nov. 1777) was approved by Congress and then sent to all states for ratification.
    • All 13 states had to approve
    • Took 2 years to pass because of Maryland            
    • While many preferred creating a republic, a government system where people held the power and elected representatives to govern; however, the size of America was too large and they did not believe it'd be effective
confederation - entity in which independent, self-governing states form a union.

Each of the 13 colonies had their own republic government, and they governed their citizens however they liked.

The central government had authority in a few areas so that it wouldn't get too strong.

Central Government Powers
  • national defense
  • exchanging ambassadors
  • making treaties with tribes and foreign nations
  • declaring war
  • coining currency and borrowing money
  • settling disputes between states
The Government under the Articles of Confederation 
  • 1 state = 1 vote in Congress
  • No executive or judiciary branch
  • 9 states need to agree before the central government could act
  • Ratification of the Articles needed a unanimous vote of 13/13

Cons of the Central Government under the Articles of Confederation              
  • States might have sovereignty but the central government was too weak.
  • Most issues involved money that they didn't have
  • The central government couldn't impose taxes
  • Weren't able to pay back debts from the war/foreign affairs
  • Weren't able to request money from the states despite having the power to do so
  • Their currency, the continental, was worthless
State banks were allowed to print their own money
      - became worthless since they didn't have the gold to back up the paper
      - couldn't trust banks from other states
  • Couldn't impose tariffs on foreign imports nor regulate commerce
    • British goods dominated the market since they were cheaper
  • Couldn't raise an army
    • They had to depend on the states for soldiers. If they didn't, they were powerless
⭐Shays' Rebellion (1786-1787)⭐

(2.3) Development of the Constitution

Annapolis Convention (1786)
  • Virginia and Maryland called all states to send representatives to fix the Articles of Confederation; only 5 did
Constitutional Convention (1787)
  • All states sans. Rhode Island sent delegates to revise its shortcomings
  • 55 delegates met up up in Philadelphia to write the Constitution
Main Topics:
    • needed a stronger central government but not make it too powerful
      • Separation of powers & checks and balances
    • preserving rights without giving states too much power where it'd hinders states' cooperation/ make them independent of the will of the government
    • balancing fear of the law & liberty
    • smaller states getting their interests pushed aside
    • slave states vs. free states
Virginia Plan - preferred by bigger states; bicameral; direct vote for lower house -> state representatives in higher house that we selected by the state
New Jersey Plan - preferred by smaller states; unicameral; small states have the same power as bigger states

The Great Compromise - 
  • Created by Roger Sherman of Connecticut
  • two chambers: the House of Representatives and the Senate
  • Congress is given the power that the Articles lacked
House: Representation is based on population and elected by popular vote with 2-year terms
Senate: Each state has two representatives that are appointed by state legislature with 6-year terms

Three-Fifths Compromise



Federal Systems: power is divided between the central and state governments

Enumerated Powers - great or explicit powers given to the federal gov
  • The ability to declare war
  • Impose taxes
  • Coin and regulate currency
  • Regulate foreign trade and interstate commerce
  • Raise and maintain an army and navy
  • Maintain a post office
  • Make treaties with foreign nations and Native American tribes
  • Make laws regulating the naturalization of immigrants
  • Control over all “Territory or other Property belonging to the United States”
Reserved Powers - powers reserved to the states and denied to the federal government
  • States can pass laws related to topics such as:
    • Interstate commerce
    • Marriage
    • Drug Use
    • Drivers licenses
    • School standards
    • Holding/Accessing elections
(2.4) The Ratification of the Constitution
         ↪ needed 9 of the 13 states to approve

Conventions were held in each state to seek approval
  • Citizens could elect delegates through popular vote to represent them when voting
  • Avoided going through state legislatures 🡪 the Constitution wants states to limit their powers
Challenges in the Constitution's Ratification
  • Large states (NY, VA, MA, PA) had the most to lose in ratifying
  • Didn't believe a large central government was needed to protect and provide for them since they believed they were self-sufficient
  • Smaller states benefited the most from the Constitution
  • If no large states approved, the remaining 9 had to
Federalists - supported the Constitution; most were rich elites, landowners, and business/military men; wanted a strong central government = ↗economic growth and national defense

Anti-Federalists - did not support the Constitution; tended to be lower -> mid class people ex) farmers, southerners; believed local governments could better protect individual rights
  • Patrick Henry, Melancton Smith
New Hampshire was the 9th state to approve the Constitution (1788)
The 4 states (VA, RI, NY, NC) with different reasons of not approving of the Constitution

⭐Federalist Papers⭐
  • No. 51 - 3 branches check each other's powers to prevent tyranny
  • No. 35 - concerning representatives; member of the community < person who has experience with the rest of the world too
  • No. 10 - addresses the fear of the elite taking over politics
    • stated that America was too diverse for large factions and political parties to develop
    • representatives protect government from unjust/biased favor of the majority
  • No. 68 & 70 - Written by Hamilton; addresses the fear of the president becoming like a king; states elect the president independently from each other so the person elected would be free from mob influence and corruption of a crowd
    • easier to control 1 person + president decides more quickly
(2.5) Constitutional Change
            ⤷ led by James Madison
The Articles of Confederation was too difficult to change
Since 1789, the Constitution has been amended 27 times.
    - 10 of which were made in 1791 (Bill of Rights)
Made as a response to anti-federalists who demanded protection for individual citizens

2 Amendment Processes
  1. Proposal by Congress; needs 2/3 majority in both House of Representatives and Senate to be sent to states for ratification
    • 3/4ths approved by state legislature -> Constitution
      • or
    • 3/4ths state-ratifying conventions (comprised of average people) = ratified
  2. Petition by 2/3 of the states -> Congress calls for convention -> proposed amendments -> 3/4 states approve
Bill of Rights - first 10 amendments; James Madison originally made 19 amendments

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