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U.S. history is not created in a vacuum – it is a product of our relationship with Great Britain

Magna Carta (1215) – recognition of natural liberties – trial by jury

due process of lawprivate

property no one is above the law

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English Bill of Rights (1689) - was an extension the Magna Carta – certain actions of the King required the approval of the Parliament banned cruel and unusual punishments

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Debate about dissolving the connections with Great Britain or continuing to seek reconciliation

The colonists lost confidence in the English “constitution” – changed with the whims of the King – it was an inadequate check on the abuses of power

The colonists wanted to protect their liberties - “life, liberty, and the pursuit of happiness (property)

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What makes political authority legitimate – how can personal liberties be protected?

Government by royal prerogative was rejected - legitimate government required the consent of the governed

the direct grant of power could only be contained in a written constitution

John Adams “radical change in the principles, opinions, sentiments, and affections of the people”

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Common complaints: Wanted legal cases to go

before independent judges Rejected the quartering of

troops Resisted trade restrictions No taxation without

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Not a guide or plan for government – England was 3000 miles away – it took a month to communicate – colonists became used to making their own decisions

Preamble – this is not a minor dispute – this is a major event it has become a contest of principles that must happen, because all other alternatives have been exhausted This is not a civil war, otherwise other countries could not intervene

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Declaration of Rights – based on the ideas of John Locke people have the right to revolt when all other avenues have been explored

people have unalienable rights (natural rights given to them by their creator that cannot be taken from them)

Since King George III is not ruling with the consent of the people they have the right to make a change offthemark.

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History of problems – the relationship between the King and the colonies has been one of repeated injuries based on the tyranny of the state

The Declaration lists 28 grievances – written as a legal brief Jefferson piles up the facts like a prosecutor – the world is the judge and jury

The colonists had appealed to the people of Britain in vainAmericans are the victims, England is the criminal

it becomes we vs. they

The only resolution was to declare independence – the colonies have become free and independent states

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During the Revolutionary War the Articles were written and became the plan for the national government –The Congress of Confederation raised armies, directed strategies, and carried out foreign policy

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Little money coined by Congress Small army which was dependent

on independent state militias Territorial disputes between the

states led to open hostilities No national judicial system All thirteen state’s consent

necessary for any amendments

Could not levy taxes or regulate commerce

Sovereignty, independence retained by each state

One vote in Congress for each state Nine of thirteen votes in Congress

required for any measure (encouraged states to deal with almost all legislation)

Delegates to Congress were picked and paid for by state legislatures

Madison in his research noted that there was no model for what the colonists wanted to accomplish “If men were angels, no government would be necessary.”

Confederacies were too weak and collapsed from internal dissention

Stronger forms of government grew too powerful and ended by trampling the liberties of their citizens

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Oldest functioning written constitution in continuous effect in the world

Its structure was replicated by the U.S. Constitution

Four parts – preamble, declaration of rights, framework of the government, and articles of amendment

Legislative branch had two divisions – A House and a Senate Directly elected governor, who could veto acts of the legislature

Less democratic – power is split between three branches which limits the role of the voter

both the voters and elected officials had to be property owners The principal office holders had to swear the were Christians

Radically democratic All power was given to a one-house

legislature The Assembly was elected for one year

terms No legislator could serve for more than four

years There was no governor or president The Assembly disfranchised the Quakers,

ignored the requirement of trial by jury, manipulated the judiciary

Democratic, but tyrannical by concentrating all powers into one branch of government

Initially was only supposed to re-write the Articles of Confederation quickly decided to replace the document

Shay’s Rebellion – becomes a lightning rod

Founding fathers came to realize the weaknesses within the state governments and the need for a central authority to end internal dissentions

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A bicameral legislature (two houses)

Both house's membership determined proportionately

The lower house was elected by the people

The upper house was elected by the lower house

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The legislature was very powerful An executive was planned, but would

exist to ensure the will of the legislature was carried out, and so was chosen by the legislature

Formation of a judiciary, with life-terms of service

The executive and some of the national judiciary would have the power to veto legislation, subject to override

National veto power over any state legislation

Proposed to amend the Articles of Confederation

State representation would be the same as under the Articles – each state would have one vote

It did enhance the power of the national government

Protect the interests of the small states

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Also called the Connecticut Compromise

A House of Representatives was apportioned among the states on the basis of population and elected by the people

A Senate consisted of two senators from each state to be chosen by the state legislatures

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Electoral College – four year term, with no bar for re-election

Supreme Court – nominated by the President, confirmed by the Senate

Committee on Detail – five members - inserted some new proposals and made changes to others – September 17th, 1787 was approved by all 12 states in attendance