Laying the Groundwork

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Laying the Groundwork

• Preparing for the Constitution

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• The Revolution was effected before the war
  commenced. The Revolution was in the minds and
  hearts of the peopleThis radical change in the
  principles, opinions, sentiments, and affections
  of the people, was the real American Revolution.
• John Adams

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Political Philosophies

• Aristotle 384322 BCE
• Thomas Hobbs 15881679
• John Locke 16321704
• Jean Jacques Rousseau 1712--1778

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Aristotle

• Human beings seek community
• Family
• Village
• Statethis is the most important
• Best state is formed by middle class
• Government operates for the common good
• Best government is aristocracy but it is easily
  corrupted
• Therefore, society should have a mixed government
  where power cannot be monopolized by one group
• Government should endure from one generation to
  another.

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Thomas Hobbs science of politics

• Human beings are motivated by self-interest and
  desire for power
• Humans will grant complete obedience to an
  all-powerful government in order to live in peace
  and security
• Government is a weapon that humans use to protect
  themselves and provide them with peace and
  security

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John LockeSecond Treatise of Government

• Believed in the divine right of kings but that
  constitutional government was best a protecting
  the rights of individuals
• Humans are born equal in a state of nature
• In that state of nature they possess their own
  labor and therefore, the products of that
  laborproperty, wealth, etc.
• People can only give up the freedom offered by
  the natural state through their own consent
• Government gains power from the consent of the
  governed (can only tax with consent)
• Separation of power protects the liberties of the
  people
• Government is obligated to protect the life,
  liberty, and property of the individual
• People have a right to alter or abolish a
  government if it violates the trust of the people.

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Jean Jacques Rousseau

• Human beings are created equal in only one
  respectnatural liberty
• Differences in wealth and power are political
  inequality
• Inequality presents problems in society creating
  a need for a government to protect liberties
• The best society is one that
• Protects liberty
• Acts in harmony with the general will (common
  good)
• People are the lawmakers
• Individuals vote for the common good (civil
  liberties)
• People obey laws because they create the laws
• Teaches citizenship to create moral individuals
• Government interprets and enforces the laws

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The Founding Fathers used the ideas of others

• Mixed form of government
• Contract by the governed
• Sovereignty of the people
• Separation of powers
• Government is a caretaker of the common good
  (civil liberties)
• All people have natural rights of life, liberty,
  and property

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Founding Fathers Borrowed from Britain

• 1100 Charter of Liberties between Henry I and his
  nobility
• 1215 Magna Carta between King John and his
  nobility guarantees civil rights
• 1295 In an effort to curb the power of the
  nobility and clergy, King Edward creates a
  congress of the Third Estate (commoners)becomes
  Parliament
• 1407 Parliament becomes the House of Lords and
  House of Commons Henry IV

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Borrowed From Britaincont.

• 1625 Charles I and Parliament create the
  Petition of Rights
• Parliament must approve loans and taxes
• There shall be no imprisonment without a fair
  trial
• There shall be no martial law in peaceful times
• The people are to pay for the expense of
  maintaining an army

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Borrowed From Britain cont.

• 1689 After the Glorious Revolution, William and
  Mary approve the Bill of Rights
• Monarchs cannot make laws or suspend laws without
  the approval of Parliament
• Parliament can collect and levy money
• All subjects can petition the King
• Keeping a standing army during peace time if
  forbidden
• Parliament shall be chosen by free elections
• Freedom of speech and debate is guaranteed
• No excessive bail or fines
• Free selection of jurors
• Parliament is to meet frequently to address and
  preserve the laws of the land

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Colonial Examples

• 1621 Ordinances of Virginia
• Followed govt set up in Jamestown
• Two supreme councils
• Advise Governor
• 2 Burgesses from each county
• 1639 Fundamental Orders of Connecticut
• Two yearly assemblies
• Court of Elections to conduct election of
  officials
• General Court to make laws for the commonwealth
• 1682 Penns Charter of Libertie
• Governors Provincial Council
• General Assembly
• Make all laws and govern public affairs for the
  colony

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Albany Plan of Union

• Ben Franklin at Albany Congress 1754
• Chief Executive appointed by Crown
• Supreme Assembly (Grand Council) with 48 members
  chosen by colonial assemblies
• Oversee matters of defense, Indian relations,
  trade, western settlement
• Levy taxes to support programs
• NOT ADOPTED

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Stamp Act Congress

• Called by Massachusetts in response to Patrick
  Henrys Virginia Resolves from the House of
  Burgesses
• Met in New York in October, 1765
• Discussed common problems
• Wrote Declaration of Rights
• Colonists entitled to same rights as those born
  in England
• No taxation without colonial representation
• People of Great Britain cannot grant the king
  property of the colonists
• Restrictions imposed by Parliament would prevent
  the colonists from buying British manufactured
  goods

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First Continental Congress

• Called in reaction to the Coercive Acts
  (Intolerable Acts) against Boston
• Delegates from 12 colonies met in Philadelphia
  September 5, 1774.
• Created the Association of Colonies
• Organized colonial boycott of all British goods
• Established Committees of Correspondence
• Agreed to meet again the next year

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Second Continental Congress

• Met in Philadelphia in May, 1775
• June 7, 1776 Lee Resolution for independence
• Divided into two groups
• John Dickinson committee to work out framework
  for government
• John Adams, Ben Franklin, Thomas Jefferson and
  others to draft formal Declaration of Independence

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Declaration of Independence

• Assigned June 2, 1776
• Thomas Jefferson wrote draft
• Presented like a legal brief
• Establish problem
• Offered reasons for action
• Presented action taken
• Taken back to Congress for approval June 30, 1776
• Independence actually voted for on July 2, 1776

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New State Constitutions

• Royal colonial governors left at outset of war
• By 1777 10 colonies had new governments
• Core principlerepresentative government
• Separation of powers
• Bill of Rights
• Petition
• Freedom of speech
• Trial by jury
• Freedom from self incrimination
• Freedom to assemble

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Articles of Confederation

• Adopted November, 1777
• Executive branch was a 13 member committee
• Unicameral congress with each state having one
  vote
• Preserved the sovereignty of the states
• Amendments had to be by unanimous vote
• Could make war, treaties, determine size of
  troops, determine amount of financial support due
  from each state, admit new states, and borrow
  money

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Problems of the Confederation

• No power to enforce (either troops or monies from
  states)
• Could not levy taxes, raise troops itself,
  regulate commerce
• Congress printed money to finance war but had no
  way to collect a treasury to back up the paper
• A tax amendment was proposed but blocked by Rhode
  Island
• Problems were created by people moving into the
  Ohio Valley

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Good Things from the Confederation Period

• Northwest Ordinance 1784-87
• Orderly manner to achieve statehood
• Distributing land (6 sq. mi. township)
• Bill of rights for settlers
• Forbade slavery north of Ohio River
• Trial by jury
• Freedom of religion
• Freedom from excessive punishment

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• Shays Rebellion 1786
• Economic depression
• Courts seizing land from people who could not pay
  taxes
• Daniel Shay led group to shut down the courts
• Let people know there was a need for a stronger
  government
• Gave the elite a wake up call

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Annapolis Convention

• Called by representatives who were concerned
  about commerce and had met at Mt. Vernon with
  Geo. Washington
• 5 states attended
• Called for a general meeting of Congress the
  next summer for the purpose of revising the
  Articles of Confederation

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Congress 1787

• Soon realized that the Articles were beyond
  saving and that a new, stronger form of
  government was needed.
• 29 delegates set out to write a new constitution
  on May 25, 1787.

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All Shared Common Beliefs

• Innate selfishness of man and need to keep one
  group from gaining too much powerneed for checks
  and balances
• Government derived its powers from the consent of
  the people
• Society must be protected from the tyrany of the
  majority

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• People at large must have a say in their
  government
• Strong central authority was essential
• All power was subject to abuse
• Government could not be founded upon a trust in
  goodwill and virtue

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Creating the Constitution

• The Constitution is deliberately inefficient.
  The Separation of Powers devised by the framers
  of the Constitution was designed to do one
  primary thing to prevent the majority from
  ruling with an iron fist. Based on their
  experience, the framers shied away from giving
  any branch of the new government too much power.
  The separation of powers provides a system of
  shared power known as Checks and Balances.

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Separation of Powers

• Executive
• Appointment of judges and officials
• Veto power over all bills
• Makes treaties
• Ensures all laws are carried out
• Commander in chief of the military
• Pardon power
• Legislative
• Passes all federal laws
• Estaablishes all lower federal courts
• Override Presidential veto
• Impeach President
• Judicial
• Try federal cases
• Interpret the laws passes by Congress
• Power to declare any law or executive act
  unconstitutional

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Virginia PlanJames MadisonFather of the
Constitution

• Bicameral legislature with membership determined
  proportionately
• Lower house elected by people
• Upper House elected by Lower House
• Powerful legislature
• Executive chosen by legislature
• Judiciary with life-terms
• Executive power of veto
• National veto over any legislation

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New Jersey PlanWilliam Patterson

• Unicameral Congress with equal representation
• Congress could set taxes and force their
  collection
• Executive elected by Congress for a single term
• Judiciary appointed by executive
• Laws set by Congress took precedence over state
  laws

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Hamiltons British Plan

• Bicameral legislature
• Lower house, the Assembly, elected by people for
  3 yr. terms
• Upper House, the Senate, elected by electors
  chosen by the people served for life
• Executive called the Governor elected by electors
  with a life service
• Judiciary with life service
• State governors appointed by national legislature
• National veto power over any state legislation

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Pinckneys PlanStep-father of the Constitution

• Bicameral legislature
• Lower house, House of Delegates, was elected by
  people with proportional representation
• Upper house, the Senate, elected by House of
  Delegates, four per state with four year terms
• Executive called the President elected by the
  legislature
• Council of Revision (President and some or all of
  his Cabinet could veto bills)
• National veto power over state legislation
• Judiciary was established

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The Great CompromiseShermans Connecticut Plan

• Bicameral legislature
• Lower house, House of Representatives, according
  to population
• Upper house, Senate, two each state
• Tax and revenue bills--House

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3/5 Compromise--Slaves

• Slaves count as 3/5 of a person as far as
  apportioning direct taxes and in according
  representation in the House of Representatives
• Slave trade to end in 1807

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Executive

• Necessary or dangerous?
• Weak or powerful?
• One person or council?
• Appointed or elected?
• Advisors?
• Electoral Colleege (James Wilson of Pennsylvania)
• How long?

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Balance of Power

• Federal over state?
• Specific or general?
• Necessary and proper clause
• 10th Amendmentpowers not given to federal remain
  with the states

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