“PATH TO THE CONSTITUTION!”

Unit 1:Constitutional Underpinnings

Area 1: From Jamestown to French Indian War!

Early relation: good, colonies supplied resources (cheap) and markets for British goods, in return colonies got some self rule due to distance and ocean

Mayflower Compact: first signed governing document (sort of constitution) in what became Plymouth, Mass.

Great Fundamentals (1630s): The first basic system of laws in English colonies

Fundamentals Order of Connecticut (1639): first laid out plans of government, gave people the right to choose own governor, judges, representatives

Area 1: cont… Typical Colonial government:

A written Constitution: Included basic liberties, limited govt. w/separation of powers: governor, legislator,

court Usually the citizens chose the legislator and

legislator picked the governor and judges Albany Plan (1754):

A plan for national government proposed by Ben Franklin, but rejected by colonies due to too much power taken from states

Area 2: French Indian War to Continental Congress

War: between: British & some Indian tribes vs. French & some Indian tribes over land in Ohio Valley due to rich fur Won by British, but leaves Britain heavily in debt

King George takes British throne: Solution involves series of taxes to pay for debt (stamp act, tea

tax) Colonies react with Stamp Act Congress sending declaration of

rights stating only colonies can place taxes on citizens Boston Tea Party: protest of tea tax, Colonials dump tea in harbor British pass Coercive Acts: called Intolerable Acts by colonials,

shots down Boston harbor, breaks up Boston local government, under direct control of crown

Committees of Correspondence: network of people, places, horseback riders, bells, fire torches etc… to let each town know of new news in relation to affairs with Britain

Area 3: First and second continental congress

Location: Philadelphia, PA to discuss British policies towards colonies, two main agreements: Immediate embargo placed against Britain Schedule second meeting if things do not improve

King George's reaction: Called meeting illegal and colonies in rebellion Sent more Red Coats to bring order This led to battle of Lexington & Concord, Mass. The official

beginning to the Revolutionary War 2nd Continental Congress meets:

Declares self the government of united colonies Picks Hancock as President Washington as general Orders continentals ($) for print to get resources and soldiers

Area 4: “Common Sense” to “Declaration of Independence”

Common Sense: By Thomas Paine (Patriot), but written anonymously Pointed out the evils of autocracy & monarchy, how

King George does not care about the colonies Significance: turned some Loyalists and many in the

middle to the cause of the Patriots & revolution A year later, the 2nd Continental Congress writes

the Declaration of Independence: By Thomas Jefferson, drew on work of Locke &

Rousseau: Part 1: declaration of human rights Part 2: specific offenses caused by King George III Part 3: declaration of Independence from Britain, signed

Area 4: Cont… The 2nd Continental Congress also

recommended each state to pursue its own Constitution & government: All were based on representative democracy with

citizens participating All included Bill of Rights spelling out citizen rights

Area 5: Articles of Confederation (part 1)

AOC: proposed 1787, all 13 had to and did by 1781

Structure: kept main features of 2nd Continental Congress: Unicameral congress (one house) Congress chose weak president No court system, congress settled disputes

among states Each state one vote, regardless of population States picked own delegates, paid

them/removed them

Area 5: cont… Powers of AOC:

Make war & peace Send & receive ambassadors Enter into treaties Raise & equip a navy Maintaining an army by requesting troops from

state Appoint senior military officers Fix standards of weight & measure Regulate Indian affairs Establish post offices Decide certain disputes among the states

Area 5: cont… Weaknesses of AOC:

No power to levy or collect taxes, raise money by requesting or borrowing

No power to regulate trade No power to force people to abide by the rules or to

enforce them, could only advise or request cooperation

Make laws: 9/13 necessary, 5 small states could block

13/13 had to agree to change or amend law No executive branch meant very hard to enforce any

laws No courts meant states decided their own laws

Area 6: Articles of Confederation (part 2)

Three main achievements of AOC: Policy for development of lands west of App. Mountains Peace treaty with Britain: declaring colonies independent, new border:

Miss. R. western border Canada Northern border Atlantic Ocean eastern border Florida southern border

The Future Cabinet: 4 departments that would advise President (state, war, treasury, attorney general)

The 4 main problems plaguing states: Tariff and boundary disputes between states States dealing with foreign nations directly rather than

through congress Debt due to revolutionary war $40 million (soldiers & foreign

nations) States also in debt due to economic depression

Area 6: cont… Shay’s Rebellion:

Due to money and debt issues people’s homes taken

Daniel Shay’s loses farm due to debt, no military pay, no farm while fighting

Goes against bank and local govt., refuses to give up home

Causes rebellion of farmers, took while to put down

Warned many of risk of rebellion and lack of govt. power to do something

Warning that articles very weak in enforcement of laws

Area 6: cont… Annapolis Convention:

Due to issues with AOC Few states meet and discuss solutions, but all need to

be present to change AOC A call for all 13 to meet at Annapolis, but only a few

states send delegates, so an emergency constitutional convention was called for in Philadelphia Pennsylvania 1787

Area 7: Constitutional Convention (Part 1)

Where & when: Philadelphia, PA; summer 1787 Who showed: 74 appointed, 55 attended except for

Rhode Island 4 main organizational rules:

Washington chosen as chairman Each state had one vote on all questions Simple majority (51%) would make all decisions At all times delegates for 7 states had to be present

4 Key agreements: Decided to abandon AOC and try a new govt. All wanted a limited & representative govt. There should be separation of powers Strengthen the power of national govt. at cost to states

Area 7: cont… Virginia plan: plan of govt. introduced by

Virginia delegation (work of James Madison) Advantage? Large states due to

representation based on population Parts:

Strong national govt. w/2 houses (bicameral) Lower house chosen by citizens of states Upper house chosen by lower house Representation in both based on population Power to bar state laws seen as unconstitutional

Strong executive branch chosen by legislature National judiciary (courts) chosen by legislature

Area 8: Constitutional Convention (part 2)

Problem: small states against plan due to representation based on population, will always be outvoted

New Jersey plan: plan of govt. by small states Structure:

Keep major features of AOC: unicameral congress based on equal representation (one state one vote)

Strengthen the power of congress: give it taxing and regulate trade power

Weak executive branch: pick multiple leaders not just one National judiciary with limited powers, chosen by executive

Main issue between both plans: representation!

Area 8: cont… Solution:

Connecticut/Great/Sherman Compromise: Bicameral legislature:

Lower house based on population, chosen by citizens (money bills)

Upper house: based on equal representation (2 senators), chosen by each state legislature

Area 9: Constitutional Convention (part 3)

3/5th Compromise: due to lower house based on population, who will count in population: South wanted all (free & slaved) counted for representation but not

taxation North: wanted all (free and slaved) counted for taxation but not for

representation Compromise:

For every 5 slave count 3 for taxation & representation Commerce/Slave trade Compromise:

Who will regulate trade, national or state govt., will the states be able to import more slaves? Compromise: national will regulate trade between states & foreign

countries, in return no taxation of exports No more slave importation after 1808 (20 years), north must enforce

fugitive slave act! No more mention of slavery or end to its practice mentioned

between north & south due to tensions

Area 9: Constitutional Convention (part 3)

Presidential term compromise: some talk about how long president should serve: Some wanted ten years, nope like a king Some wanted two years, nope too short cant get

anything done Compromise: 4 year term (no mention of how many)

Electoral College Compromise: who would pick president? Some said people, nope, too dumb, popularity contest Some said state legislature, nope can be corrupt Compromise: a group of most educated and intelligent

citizens in every state known as electoral college

Area 10: Ratification of Constitution!

Ratification: to formally approve something How many? 9 out of 13 states needed

First state: Delaware Ninth state: New Hampshire Last: Rhode Island

Federalists vs. Anti-Federalists: Federalists: mostly northerners, merchants, business folks, in

favor of strong govt., & ratification Anti-Fed.: mostly southerners, farmers, in favor of state govt.,

against ratification Anti-Fed. Major flaw with Constitution: drafted in

secrecy, took too much power from states, not supposed to change govt., but main problem no bill of rights

Area 10: cont… Federalist counter argument: separation of power,

check & balances, need for strong national govt. Solution: Federalist promise to add a BOR after it is

ratified due to importance of having a strong govt. in place

Which two states held out? Virginia & New York, very important to have on board due to large populations (half of all colonies)

Federalists & anti-federalists: in both states they went head to head with debates, newspaper articles etc… pushing their sides point of view, finally Federalists won the argument and joined the plan of union

Area 10: cont… New Capital: they agreed to move the capital

from Philadelphia to New York (financial hub) Fist President & Vice President: unanimously

chose Washington & Adams as country’s 1st! Voters elected 22 senators, 59 representatives Congress began its first session in NY, March

1789 April 30th Washington took office BOR: Madison went to work requesting the 13

state Constitutions & BOR, compared all, chose 12 of the rights all had in common, and 10 of them packaged as the BOR were ratified in 1791!