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Unit VII: Creation of an Unit VII: Creation of an American GovernmentAmerican Government
Origins of American GovernmentOrigins of American Government Athenian Democracy – “One Man, Athenian Democracy – “One Man,
One Vote”One Vote” Roman Republic – Concept of the Roman Republic – Concept of the
Senate and the representative Senate and the representative governmentgovernment
Magna Carta (1215) – No one is Magna Carta (1215) – No one is above the lawabove the law
The Enlightment – Stressed the The Enlightment – Stressed the fear of strong monarchiesfear of strong monarchies
Colonial Anger – Fear of the Colonial Anger – Fear of the monarchy and the violation of monarchy and the violation of unalienable rightsunalienable rights
Declaration of Independence – Declaration of Independence – Government under the consent Government under the consent of the governedof the governed
In May of 1776 the Continental In May of 1776 the Continental Congress ordered states to create Congress ordered states to create their own republican governments. their own republican governments. The state constitutions focused on The state constitutions focused on the distribution of power and the distribution of power and limitations of government. limitations of government.
The governors were given little The governors were given little authority, and the powers of the authority, and the powers of the legislatures were expanded. The legislatures were expanded. The focus lay in protecting the citizens focus lay in protecting the citizens rather than effectiveness. rather than effectiveness.
During the war the governor was During the war the governor was given more power and the given more power and the legislature less.legislature less.
In 1777 the Continental Congress In 1777 the Continental Congress adopted the Articles of adopted the Articles of Confederation and then sent to Confederation and then sent to the states for ratification, which the states for ratification, which occurred in 1781. The main issue occurred in 1781. The main issue that caused delay in ratification that caused delay in ratification were the western lands that the were the western lands that the states had laid claim to in the states had laid claim to in the Ohio Valley.Ohio Valley.
The basic organization was a The basic organization was a unicameral legislature in which unicameral legislature in which each state had one vote with a 2/3's each state had one vote with a 2/3's majority needed to pass legislation. majority needed to pass legislation.
There was no executive or judiciary There was no executive or judiciary branch, and the national branch, and the national government had no power over the government had no power over the states. There was no national states. There was no national currency or system of currency or system of measurement.measurement.
The legislature could: declare The legislature could: declare war, make peace, sign treaties, war, make peace, sign treaties, borrow money, establish a post borrow money, establish a post office, army, and navy, issue office, army, and navy, issue bonds, coin money and manage bonds, coin money and manage the Western lands.the Western lands.
In 1784 the Land Ordinance was In 1784 the Land Ordinance was passed describing process by passed describing process by which land would pass from which land would pass from public to private hands. The public to private hands. The area would be divided between area would be divided between four and seven states. The area four and seven states. The area would be drawn out as would be drawn out as townships each 36 sq. miles, townships each 36 sq. miles, with 36 equal squares.with 36 equal squares.
The ownership of the territories The ownership of the territories would be placed in the hands of would be placed in the hands of the government, which would sell the government, which would sell the land. One block out of each the land. One block out of each township would be for public township would be for public schools.schools.
Revenue from the sale of lands Revenue from the sale of lands would be used to pay off the would be used to pay off the national debt. national debt.
In 1787 the Northwest In 1787 the Northwest Ordinance was passed creating Ordinance was passed creating the process in which territories the process in which territories would become states. Every would become states. Every new state was to have the same new state was to have the same rights as the original 13. Slavery rights as the original 13. Slavery could not be established in the could not be established in the area.area.
Statehood: Congress would appoint a Statehood: Congress would appoint a governor and three judges. A governor and three judges. A territorial legislature can be territorial legislature can be established once there are 5,000 established once there are 5,000 adult males. If the population adult males. If the population reached 60,000 people then reached 60,000 people then delegates can be elected to write a delegates can be elected to write a state constitution, which must be state constitution, which must be approved by Congress. approved by Congress.
All lands north of the Ohio River and All lands north of the Ohio River and East of the Mississippi River fell East of the Mississippi River fell under the Ordinance. under the Ordinance.
There were several problems for There were several problems for the new country under the the new country under the Articles. Finance was a major Articles. Finance was a major problem. The major trading problem. The major trading partners for the colonies had partners for the colonies had been under British control, thus been under British control, thus the colonists had to find new the colonists had to find new sources of trade in areas as far sources of trade in areas as far away as East Asia. away as East Asia.
During the war the national During the war the national government printed currency, which government printed currency, which dropped in value as the war dropped in value as the war progressed, causing the states to progressed, causing the states to print their own money and print their own money and eventually both became worthless eventually both became worthless because they were not backed by because they were not backed by gold or silver which the British had gold or silver which the British had removed through mercantilism. removed through mercantilism. Severe inflation occurred and Severe inflation occurred and disputes between sates over disputes between sates over commercial trade took place. commercial trade took place.
Since the Articles prohibited the Since the Articles prohibited the national government from national government from restricting trade cheap British restricting trade cheap British goods flooded the market hurting goods flooded the market hurting American producers. American producers.
The economic troubles hit a high The economic troubles hit a high point in 1786 as Revolutionary War point in 1786 as Revolutionary War Veterans living in Massachusetts Veterans living in Massachusetts began a rebellion. Most of the began a rebellion. Most of the veterans were farmers who were veterans were farmers who were losing their farms because of debt. losing their farms because of debt. Led by Daniel Shays, hundreds of Led by Daniel Shays, hundreds of farmers took up arms and attacked a farmers took up arms and attacked a federal armory at Springfield. The federal armory at Springfield. The state responded by raising a small state responded by raising a small army and forcefully ending the army and forcefully ending the revolt. revolt.
The dark times in the nation led The dark times in the nation led many of the elite to call for many of the elite to call for changes in the national changes in the national government and the creation of government and the creation of a strong central government.a strong central government.
The issue that would cause a call The issue that would cause a call for changes in the national for changes in the national government more than any other government more than any other was interstate commerce. In was interstate commerce. In September 1786 Virginia called September 1786 Virginia called for a meeting of the states in for a meeting of the states in Annapolis, Maryland to discuss Annapolis, Maryland to discuss trade policies. Only delegates trade policies. Only delegates from five states showed up.from five states showed up.
The meeting would have been for The meeting would have been for nothing had Alexander Hamilton nothing had Alexander Hamilton convinced the delegates to pass convinced the delegates to pass a resolution calling for a a resolution calling for a convention to meet in convention to meet in Philadelphia the next year. Every Philadelphia the next year. Every state except Rhode Island sent state except Rhode Island sent delegates to the convention.delegates to the convention.
The delegates to the convention The delegates to the convention were all property holders who were all property holders who leaned towards reforms making leaned towards reforms making the national government more the national government more powerful. On May 25, 1787 the powerful. On May 25, 1787 the Convention opened with 55 Convention opened with 55 delegates packed into the delegates packed into the Pennsylvania Statehouse. All Pennsylvania Statehouse. All sessions were held in secrecy to sessions were held in secrecy to keep the press from keep the press from exaggerating arguments.exaggerating arguments.
Washington was elected Washington was elected chairman of the convention. Also chairman of the convention. Also present were Ben Franklin, present were Ben Franklin, Alexander Hamilton and James Alexander Hamilton and James Madison. Jefferson, Adams and Madison. Jefferson, Adams and Paine were all in Europe dealing Paine were all in Europe dealing with the French and British. with the French and British.
The first major decision of the The first major decision of the delegates was to get rid of the delegates was to get rid of the Articles and start over. James Articles and start over. James Madison of Virginia proposed what Madison of Virginia proposed what was known as the "large state plan." was known as the "large state plan." The Virginia plan would provide a The Virginia plan would provide a strong national government strong national government consisting of a bicameral legislature, consisting of a bicameral legislature, and executive branch elected by and executive branch elected by Congress and a national judiciary. Congress and a national judiciary.
The legislature would consist of a The legislature would consist of a lower house elected by the lower house elected by the people and an upper house people and an upper house elected by the lower house. elected by the lower house. Representation would be based Representation would be based on population in both houses on population in both houses with Congress receiving a veto with Congress receiving a veto over state laws. over state laws.
William Patterson of New Jersey William Patterson of New Jersey representing the smaller states representing the smaller states countered with a small state plan. countered with a small state plan. They wanted to keep the Articles and They wanted to keep the Articles and simply strengthen them. The simply strengthen them. The unicameral legislature would remain unicameral legislature would remain the same with Congress being given the same with Congress being given the power to tax and regulate trade. the power to tax and regulate trade. Debates became heated, as did the Debates became heated, as did the heat wave during summer causing heat wave during summer causing serious confrontations.serious confrontations.
Eventually, a compromise was Eventually, a compromise was worked out by Roger Sherman worked out by Roger Sherman of Connecticut. The "Great of Connecticut. The "Great Compromise" would create a Compromise" would create a lower house based on lower house based on population (House of population (House of Representatives) and an upper Representatives) and an upper house based on equality house based on equality ( Senate) with each state being ( Senate) with each state being given two votes. given two votes.
An independent executive branch An independent executive branch was created with a president who was created with a president who was named commander in chief was named commander in chief of the military, given the power of the military, given the power to select federal positions, veto to select federal positions, veto Congressional legislation and Congressional legislation and deal with foreign affairs. deal with foreign affairs.
Other compromises took place as Other compromises took place as well. Southerners wanted to count well. Southerners wanted to count slaves for representation in the slaves for representation in the House while Northerners would not House while Northerners would not agree that slaves should be counted agree that slaves should be counted if they were not citizens. Debate if they were not citizens. Debate raged and the compromise worked raged and the compromise worked out that slaves would be counted as out that slaves would be counted as 3/5ths of person.3/5ths of person.
They also wanted to end the foreign They also wanted to end the foreign slave trade but for Georgia and slave trade but for Georgia and South Carolina slave trade was vital. South Carolina slave trade was vital. The framers worked out a The framers worked out a compromise to end the slave trade in compromise to end the slave trade in 1807. 1807.
Another key compromise was in the Another key compromise was in the election of the President. The election of the President. The smaller states did not want the smaller states did not want the larger states to have an advantage larger states to have an advantage in a direct election. The Electoral in a direct election. The Electoral College was created as indirect College was created as indirect method of election. This satisfied method of election. This satisfied the small states because it no one the small states because it no one won a majority of the electoral won a majority of the electoral votes the election went to the votes the election went to the House where each state had one House where each state had one vote. vote.
Unable to determine who should be Unable to determine who should be allowed to vote the convention left allowed to vote the convention left the issue up to the states. the issue up to the states.
The government was also given The government was also given powers to make economic policy and powers to make economic policy and protect private property. Congress protect private property. Congress was given the power to tax and was given the power to tax and borrow, to regulate foreign and borrow, to regulate foreign and interstate commerce, and to create interstate commerce, and to create currency. currency.
The Constitution did not create a The Constitution did not create a true democracy but rather a true democracy but rather a republic in which representatives republic in which representatives elected by the people made the elected by the people made the decisions. They believed that the decisions. They believed that the size of the country and the size of the country and the distance between towns made distance between towns made direct democracy impossible. In direct democracy impossible. In addition they feared the addition they feared the government would be subject to government would be subject to popular passions.popular passions.
Popular rule was not the only Popular rule was not the only element of the government. element of the government. Senators would be chosen by the Senators would be chosen by the state legislatures not elected. state legislatures not elected. Electors, not the people directly, Electors, not the people directly, would elect the president. would elect the president.
The process of amending the The process of amending the Constitution was simple but difficult to Constitution was simple but difficult to attain. To propose an amendment attain. To propose an amendment either, two houses of Congress vote to either, two houses of Congress vote to propose an amendment or, two-thirds of propose an amendment or, two-thirds of the state legislatures ask Congress to the state legislatures ask Congress to call a national convention to propose call a national convention to propose amendments. To ratify amendments amendments. To ratify amendments either three-fourths of the state either three-fourths of the state legislatures approve it, or ratifying legislatures approve it, or ratifying conventions in three-fourths of the conventions in three-fourths of the states approve it. states approve it.
On September 17, 1787 39 of the On September 17, 1787 39 of the remaining 42 delegates signed the remaining 42 delegates signed the constitution.constitution.
Our government is based on two Our government is based on two basic principles: the separation of basic principles: the separation of powers and federalism. Political powers and federalism. Political power is shared by three separate power is shared by three separate branches of government, at the branches of government, at the same time we have a federal same time we have a federal government in which political government in which political authority is divided between the authority is divided between the national government and the state national government and the state governments. Under these governments. Under these principles powers can be divided principles powers can be divided into three categories.into three categories.
1.1. Reserved powers: Powers given to Reserved powers: Powers given to the state governments alone. They the state governments alone. They include regulation of intrastate include regulation of intrastate commerce and determine voting commerce and determine voting requirements. requirements.
2.2. Enumerated powers: Powers Enumerated powers: Powers given to the national given to the national government alone. They include government alone. They include the authority to print money, the authority to print money, declare war, make treaties, declare war, make treaties, conduct foreign affairs and conduct foreign affairs and regulate commerce. regulate commerce.
3.3. Concurrent powers: Powers Concurrent powers: Powers shared by the national and shared by the national and state governments. They state governments. They include collecting taxes, include collecting taxes, building roads, borrowing building roads, borrowing money, and having courts. money, and having courts.
The separation of powers was not The separation of powers was not controversial at the constitutional controversial at the constitutional convention, having lived under convention, having lived under British rule. Politicians would British rule. Politicians would naturally seek to improve their naturally seek to improve their own self-interests. To solve this own self-interests. To solve this problem Americans believed like problem Americans believed like Aristotle that good government Aristotle that good government came from came from cultivating virtue. cultivating virtue.
The framers though believed that by The framers though believed that by using self-interests to create factions using self-interests to create factions would work to prevent the others would work to prevent the others from gaining too much power, thus a from gaining too much power, thus a separation of powers. Federalism separation of powers. Federalism further sought to separate powers by further sought to separate powers by dividing them between the states dividing them between the states and the federal government. and the federal government.
Checks and Balances System
Executive Branch
Legislative Branch Judicial Branch
Veto Bills Nominate Judges
Judicial review of laws and actions
Judicial Review
Create Courts/ app. Judges
Impeach/override veto
Following the signing of the Following the signing of the Constitution ratification of nine Constitution ratification of nine states was needed for it to take states was needed for it to take effect. The debate over effect. The debate over ratification dealt with the ratification dealt with the protection of personal liberties. protection of personal liberties. The proponents of the The proponents of the Constitution labeled themselves Constitution labeled themselves the Federalists and had the the Federalists and had the support of Washington, Franklin, support of Washington, Franklin, Jay, Madison and Hamilton. Jay, Madison and Hamilton.
They tended to be wealthier, They tended to be wealthier, better educated and organized. better educated and organized. They stuck by the idea of the They stuck by the idea of the countries leaders as virtuous, countries leaders as virtuous, and sacrificed for the good of a and sacrificed for the good of a merit-based aristocracy. The also merit-based aristocracy. The also controlled the influential press controlled the influential press and lived among the larger cities and lived among the larger cities along the seaboard. along the seaboard.
Their opponents the Anti-Their opponents the Anti-Federalists believed that liberty Federalists believed that liberty could only be secure only in a could only be secure only in a small republic in which the rulers small republic in which the rulers were closely checked by the rule. were closely checked by the rule. They were led by Patrick Henry They were led by Patrick Henry and Samuel Adams.and Samuel Adams.
They argued that a strong They argued that a strong national government would be national government would be distant from the people and distant from the people and eliminate the functions of the eliminate the functions of the states. They desired a states. They desired a confederation, but argued that if confederation, but argued that if a stronger national government a stronger national government were needed then it should have were needed then it should have restrictions not in the restrictions not in the constitution, including a Bill of constitution, including a Bill of Rights. Rights.
Federalist response came in the Federalist response came in the form of the Federalists’ Papers. In form of the Federalists’ Papers. In the Federalist No. 10 and No. 51 the Federalist No. 10 and No. 51 James Madison argued that liberty James Madison argued that liberty was safest in large republics where was safest in large republics where many opinions and interests are many opinions and interests are present, resulting in the inability of present, resulting in the inability of tyranny to be formed. He argued tyranny to be formed. He argued that to rule, different interests must that to rule, different interests must come together to form a coalition. come together to form a coalition.
In Federalist No. 51, Madison In Federalist No. 51, Madison argued that coalitions formed in argued that coalitions formed in large republics would be more large republics would be more moderate because of the moderate because of the diversity of the people.diversity of the people.
The framers of the Constitution did The framers of the Constitution did not originally include a guarantee of not originally include a guarantee of personal liberties because of personal liberties because of several reasons. The first is that the several reasons. The first is that the Constitution, as written, does Constitution, as written, does contain specific guarantees, contain specific guarantees, including:including:
1.1. Writ of habeas corpus may not be Writ of habeas corpus may not be suspended except during invasion suspended except during invasion or rebellion. (warrants)or rebellion. (warrants)
2.2. No bill of attainder may be passed No bill of attainder may be passed by Congress or the states (guilty by Congress or the states (guilty w/o a trial)w/o a trial)
3.3. No ex post facto law may be No ex post facto law may be passed passed
4.4. Right to trial by juryRight to trial by jury
5.5. The citizens of each state are The citizens of each state are entitled to the privileges and entitled to the privileges and immunities of every other stateimmunities of every other state
6.6. No religious test or qualification for No religious test or qualification for holding federal office holding federal office
Secondly, most states had written Secondly, most states had written bill of rights and the framers deemed bill of rights and the framers deemed one unnecessary because the states one unnecessary because the states were sufficient. Lastly, the framers were sufficient. Lastly, the framers believed that had created a believed that had created a government with specific, limited government with specific, limited powers. Nine states rather quickly powers. Nine states rather quickly ratified the Constitution once ratified the Constitution once assurances were made that a Bill of assurances were made that a Bill of Rights would be adopted. The first Rights would be adopted. The first ten Amendments were ratified Dec. ten Amendments were ratified Dec. 15, 1791. 15, 1791.
Amendment 1Amendment 1 Congress shall make no law Congress shall make no law
respecting an establishment of respecting an establishment of religion, or prohibiting the free religion, or prohibiting the free exercise thereof; or abridging the exercise thereof; or abridging the freedom of speech, or of the freedom of speech, or of the press, or the right of the people press, or the right of the people peaceably to assemble, and to peaceably to assemble, and to petition the Government for a petition the Government for a redress of grievances.redress of grievances.
Amendment 2 Amendment 2 A well regulated Militia, being A well regulated Militia, being
necessary to the security of a free necessary to the security of a free State, the right of the people to keep State, the right of the people to keep and bear Arms, shall not be and bear Arms, shall not be infringed.infringed.
Amendment 3 Amendment 3 No Soldier shall, in time of peace be No Soldier shall, in time of peace be
quartered in any house, without the quartered in any house, without the consent of the Owner, nor in time of consent of the Owner, nor in time of war, but in a manner to be war, but in a manner to be prescribed by law.prescribed by law.
Amendment 4 Amendment 4 The right of the people to be secure The right of the people to be secure
in their persons, houses, papers, and in their persons, houses, papers, and effects, against unreasonable effects, against unreasonable searches and seizures, shall not be searches and seizures, shall not be violated, and no Warrants shall issue, violated, and no Warrants shall issue, but upon probable cause, supported but upon probable cause, supported by Oath or affirmation, and by Oath or affirmation, and particularly describing the place to particularly describing the place to be searched, and the persons or be searched, and the persons or things to be seized. things to be seized.
Amendment 5 Amendment 5 No person shall be held to answer for No person shall be held to answer for
a capital, or otherwise infamous a capital, or otherwise infamous crime, unless on a presentment or crime, unless on a presentment or indictment of a Grand Jury, except in indictment of a Grand Jury, except in cases arising in the land or naval cases arising in the land or naval forces, or in the Militia, when in forces, or in the Militia, when in actual service in time of War or actual service in time of War or public danger; nor shall any person public danger; nor shall any person be subject for the same offence to be be subject for the same offence to be twice put in jeopardy of life or limb;twice put in jeopardy of life or limb;
nor shall be compelled in any nor shall be compelled in any criminal case to be a witness criminal case to be a witness against himself, nor be deprived against himself, nor be deprived of life, liberty, or property, of life, liberty, or property, without due process of law; nor without due process of law; nor shall private property be taken shall private property be taken for public use, without just for public use, without just compensation.compensation.
Amendment 6 Amendment 6 In all criminal prosecutions, the accused In all criminal prosecutions, the accused
shall enjoy the right to a speedy and shall enjoy the right to a speedy and public trial, by an impartial jury of the public trial, by an impartial jury of the State and district wherein the crime shall State and district wherein the crime shall have been committed, which district shall have been committed, which district shall have been previously ascertained by law, have been previously ascertained by law, and to be informed of the nature and and to be informed of the nature and cause of the accusation; to be confronted cause of the accusation; to be confronted with the witnesses against him; to have with the witnesses against him; to have compulsory process for obtaining compulsory process for obtaining witnesses in his favor, and to have the witnesses in his favor, and to have the Assistance of Counsel for his defense.Assistance of Counsel for his defense.
Amendment 7 Amendment 7 In Suits at common law, where the value In Suits at common law, where the value
in controversy shall exceed twenty in controversy shall exceed twenty dollars, the right of trial by jury shall be dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, preserved, and no fact tried by a jury, shall be otherwise re-examined in any shall be otherwise re-examined in any Court of the United States, than Court of the United States, than according to the rules of the common according to the rules of the common law.law.
Amendment 8 Amendment 8 Excessive bail shall not be required, nor Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and excessive fines imposed, nor cruel and unusual punishments inflicted.unusual punishments inflicted.
Amendment 9 Amendment 9 The enumeration in the Constitution, of The enumeration in the Constitution, of
certain rights, shall not be construed to certain rights, shall not be construed to deny or disparage others retained by the deny or disparage others retained by the people. people. Many civil rights that are not Many civil rights that are not explicitly enumerated in the Constitution explicitly enumerated in the Constitution are still held by the people. are still held by the people.
Amendment 10 Amendment 10 The powers not delegated to the United The powers not delegated to the United
States by the Constitution, nor prohibited States by the Constitution, nor prohibited by it to the States, are reserved to the by it to the States, are reserved to the States respectively, or to the people. States respectively, or to the people. This This amendment gives states their police amendment gives states their police powers.powers.
