Independence & The
Constitution
What is a Constitution?
• A constitution is a nation’s basic law. It creates
political institutions, assigns or divides powers
in government, and often provides certain
guarantees to citizens.
• rules are not neutral
Life in the Colonies
• By 18th century standards, not too bad
• More freedom/equality
• Under the control of the British Monarchy, but
mostly hands off.
• Colonial governments have more control
Attitude of Individualism
• The New world is isolated from most
everything.
• Self- sufficiency important
• Resentment builds for being controlled by
others.
-Foreign or domestic rule.
The French and Indian War
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War over Ohio River Valley 1754
Colonists supported Britain
GB wins in 1763
GB Left is massive debt
G.B. Reigns in the Colonies
• G.B. felt the colonists should help pay for the
F&I War.
• Increase taxes on the colonists
• Tighten control of trade.
• Colonists outraged
The Colonists Respond
• Colonists lacked direct representation in
parliament.
• Colonial leaders formed the Continental
Congress to address abuses of the English
Crown.
Declaring Independence
• In May and June 1776, the Continental
Congress debated resolutions for
independence.
• Committee of 5 chosen to draft the
Declaration.
• Thomas Jefferson: main author
• Approved July 4th 1776 at Independence Hall.
The Committee of Five
John Adams
Massachusetts
Benjamin Franklin
Pennsylvania
Thomas Jefferson
Virginia
Main Writer
Robert Livingston
Roger Sherman
New York
Connecticut
Ideas of John Locke
Second Treaties on Government
Natural rights: rights inherent in human beings,
not dependent on government
Consent of the governed: government derives
its authority by sanction of the people
Limited Government: certain restrictions should
be placed on government to protect natural
rights of citizens
The Right to Rebel
• Governments job to protect our rights.
• If they fail to do so, it’s the duty people to
form new government.
• Jefferson took ideas directly from Locke
The Declaration of
Independence

When in the Course of human events, it
becomes necessary for one people to dissolve
the political bands which have connected
them with another, and to assume among the
powers of the earth, the separate and equal
station to which the Laws of Nature and of
Nature's God entitle them, a decent respect
to the opinions of mankind requires that they
should declare the causes which impel them
to the separation
The Declaration of Independence
• We hold these truths to be self-evident, that all
men are created equal, that they are endowed
by their Creator with certain unalienable Rights,
that among these are Life, Liberty and the
pursuit of Happiness.--That to secure these
rights, Governments are instituted among Men,
deriving their just powers from the consent of the
governed, --That whenever any Form of
Government becomes destructive of these ends,
it is the Right of the People to alter or to abolish
it, and to institute new Government, laying its
foundation on such principles and organizing its
powers in such form, as to them shall seem
most likely to effect their Safety and Happiness.
Winning the War
• 1783 America won the Revolutionary War.
“Conservative” Revolution
• Restored rights the colonists felt they had
lost
• Not a major change of lifestyles
The Articles of Confederation
• The first document to govern the United
States, it was adopted in 1777 and ratified
in 1781.
• It established a confederation
Weakness
1. No power to tax
• America was in debt, with no way to make money
2. No power to regulate trade between
states
3. Congress had no power to force states to
obey the Articles
4. Amendments could only be made with all
13 delegates. (never happened)
More Freedom in the States
– Liberalized voting laws increased political
participation and power among a new middle
class.
– An expanding economic middle class of
farmers and craft workers
– Ideas of equality spread and democracy took
hold.
– State legislators increased in power.
Shays Rebellion
• 1786-1787
• Armed uprising in Mass.
Led by Daniel Shays
• Fought against debt
collectors
• Federal &State Gov. too
weak to stop it
• Many doubtful the AOC
could hold America
together
Annapolis Meeting
• An attempt to discuss changes to
the Articles of Confederation in
September 1786
• Attended by only 12 delegates from
5 states
• Called for a meeting in May 1787 to
further discuss changes—the
Constitutional Convention
The Philadelphia Convention
• 55 men from 12 of the 13 states
• Mostly wealthy planters & merchants
• Most were college graduates with
some political experience
Opinions of the Delegates
Human Nature: Humans are born selfish;
need a strong government to control them.
Political Conflict: Check and Balances to
control factions.
Opinions of the Delegates
Objects of Government: Preservation
of individual rights/property
Nature of Government: Balance of
power/separation of powers
Equality & Representation
New Jersey plan = Equal Reps in congress.
Virginia Plan = Rep. based on a states
population.
Connecticut (Great) Compromise: A
bicameral congress.
-House based on a states pop.
- Senate: Equal reps per state
Slavery
• The delegates did not ban slavery
• How to count slaves?
• 3/5 Compromise
Political Equality
• Who gets to vote?
• Power given to the states to determine
voting rights.
• If you can vote in state elections, you
can vote in federal.
The Economic Issues
• States had tariffs on products from other
states
• Paper money was basically worthless
• Congress couldn’t raise money
Actions taken
• Congress could tax and borrow, and
build
• Copyrights & Patents
The Individual Rights Issues
• Prohibits suspension of writ of habeas
corpus
• No bills of attainder
• No ex post facto laws
• Religious qualifications for holding
office prohibited
• Strict rules of evidence for conviction of
treason
• Right to trial by jury in criminal cases
The Madisonian Model
To prevent a tyranny of the majority,
Madison proposed a government of:
• Limiting Majority Control (only the House is
in voter control)
• Separating Powers
• Creating Checks and Balances
• Establishing a Federal System
The Madisonian Model
Fear of direct democracy
• Republic: A form of government in which
the people select representatives to
govern them and make laws
• The document was approved, but had to
be ratified.
Ratification
• Conventions held in each state to
debate the new Constitution
• 9 of the 13 states must approve
Federalists & Anti Federalists
• Federalist Papers
• A collection of 85
articles written by
Alexander Hamilton,
John Jay, and James
Madison under the
name “Publius” to
defend the Constitution
No Bill of Rights?
• Anti-Federalists want a bill of rights
• The first 10 amendments to the U.S.
Constitution, drafted in response to
some of the Anti-Federalist concerns
about the lack of basic liberties
Federalist 10 & 51
Factions
Separation of Powers
A Living Document
• Constitution designed to change with
time.
• Amendments
Formal Amendment Process
Proposal
-2/3 vote in both houses
- National Convention called by
Congress because of calls from 2/3rds of
the state.
Ratified
-passed by ¾ of state legislatures
- Conventions called in ¾ states
Formal Amendment Process
• President has no role
• Most are proposed by Congress
• The ERA Amendment
Informal Constitutional Changes
• Judicial Interpretation: Marbury v.
Madison
• Changing Political Practices: Ex. The
Electoral College
• Technology
• Increasing Demand on Policymakers
The Constitution & Democracy
• How democratic is the Constitution?
• Gradual democratization of the
Constitution
- 17th Amendment
• Expanding the Electorate (who can
vote)
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15th Amendment:
19th Amendment:
24th Amendment:
26th Amendment
• http://www.youtube
.com/watch?v=bjiq
44DgDf0
• http://www.youtube
.com/watch?v=IhV
u2hxm07E