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Chapter 2: The Constitution
I Roots of the New American Nation
Due to the great distance between England and the New World the colonists were allowed a lot
more freedom than they were given in England.
King James I allowed the first elected colonial assembly in 1619 at the Virginia House of
Burgesses and the elected General Court that governed the Massachusetts Bay colony in 1629.
English monarchs allowed a significant amount of self-government in the colonies in matters of
self-government, religious practices and economic organization.
By early 1760’s this separation had led to a weakening of loyalties and ties to the English crown.
A Trade and Taxation
Mercantilism—an economic theory designed to increase a nation’s wealth through the
development of commercial industry and a favorable balance of trade.
This theory justified Britain’s control of import export policies in the colonies.
Britain wanted the colonies to import more from England than it exported to acquire more
wealth. The colonists were against this practice.
Unwritten agreement for years b/w the colonists and the crown was the colonists relinquished to
the crown and the British Parliament the authority to regulate trade and conduct international
affairs, but they retained the right to levy their own taxes.
French and Indian War in the US also called the Seven Years War in Europe (1756 to 1763) was
fought b/w Great Britain and the French and their Indian allies. The Treaty of Paris ended the
war and greatly increased the size of British territory in North America.
To raise money to pay for the debt Great Britain incurred while defending the colonies they frist
enacted the Sugar act in 1764.
The Sugar Act 1764 placed taxes on wine, coffee, and other products commonly exported to the
colonies. This was resented by the colonies as a tax as well as the post-war depression that
further heightened the colonist dislike for the tax.
The Stamp Act 1765 required that all paper items bought and sold in the colonies carry a stamp
mandated by the crown. The tax itself was not offensive to the colonist but led them to be
concerned about their lack of representation.
This tax led to the cry “no taxation without representation” because the colonial governments
were not allowed to give their opinions or consent
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The Quartering Act which forced colonists to furnish barracks or provide living quarters for
British troops living in their own homes.
Merchants in New England were hit the hardest. They formed the Sons of Liberty led by Patrick
Henry and Samuel Adams as well as the Daughters of Liberty
Protests began to become violent.
B First Steps Towards Independence
1765 at the urging of Samuel Adams 9 out of the 13 colonies met in New York City where they
drafted a detailed list of violated colonial rights.
This Stamp Act Congress was the first official gathering of the colonies and the first step toward
creating a unified nation.
Parliament repealed the Stamp Act and revised the Sugar Act but this did not appease the
colonist but furthered their resolve to increase resistance.
1767 Parliament passed the Townshend Acts which imposed duties on all kinds of colonial
imports including tea.
Tensions continued to rise leading to the Boston Massacre where British Soldiers opened fire on
an angry mob including some of the Sons of Liberty killing 5 colonists. This led to the lifting of
all duties except that on tea.
1772 the colonists created the Committees of Correspondence
Committees of Correspondence—Organizations in each of the American colonies created to
keep colonists abreast of developments with the British; served as powerful molders of public
opinion against the British.
Parliament then to help the East India Company sell its tea passed the Tea Act. This forced
colonial merchants to buy tea at much higher prices than the British suppliers. The colonists
responded by throwing the Boston Tea Party.
This led to the Coercive Acts of 1774 (Intolerable Acts) calling for a blockade of the Boston
Harbor until restitution was paid for the tea and reinforcing the Quartering Act.
C First Continental Congress
First Continental Congress—Meeting held in Philadelphia from Sept 5, to October 26, 1774 in
which 56 delegates (from every colony except Georgia) adopted a resolution to the Coercive
Acts.
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B The Second Continental Congress
Before it could convened the “shot heard round the world”—Ralph Waldo Emerson was fired
when fighting broke out in Lexington and Concord. April 19, 1775
Second Continental Congress—Meeting that convened in Philadelphia on May 10, 1775 at
which it was decided that an army should be raised and George Washington of Virginia was
named commander in chief.
January 1776 Thomas Paine issued Common Sense a pamphlet forcefully arguing for
independence from Great Britain.
Common Sense which was widely read throughout the colonies was instrumental in changing
minds in a very short time.
Common Sense galvanized the American public against reconciliation with England.
Virginia was the first colony to call for independence. Richard Henry Lee.
Thomas Jefferson was selected to be the chair of the committee to write the Declaration of
Independence
Declaration of Independence—Document drafted by Thomas Jefferson in 1776 that proclaimed
the right of the American colonies to separate from Great Britain.
Many of the words written in the Declaration of Independence closely resemble the passage
written by John Locke in the Second Treatise on Civil Government
Discuss Locke’s views on the Social Contract pgs. 38-39.
II The First Attempt at Government: The Articles of Confederation
Late 1777 the Articles of Confederation creating a loose “league of friendship” between the
thirteen sovereign or independent colonies, with the national government drawing its power from
the states.
The AOC created a confederation—type of government where the national government derives
its powers from the states; a league of independent states.
The national government in a confederacy is weaker than the sum of its parts and the states often
consider themselves independent nation-states linked together only for limited purposes such as
national defense.
The Articles of Confederation proposed the following:
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1. A national government with a Congress empowered to make peace, coin money, appoint
officers for an army, control the post office, and negotiate with Indian tribes.
2. Each state’s retention of its independence and sovereignty, or ultimate authority, to
govern within its territories.
3. One vote in the Continental Congress for each state, regardless of size.
4. The voted of nine states to pass any measure (a unanimous vote for any amendment)
5. The selection and payment of delegates to the Congress by their respective state
legislatures.
March 1781 the Articles were finally ratified by all thirteen states.
The British surrendered with the Treaty of Paris in 1781. Once the new nation was no longer
united by the war effort it quickly fell into chaos. Why?
A Problems Under the Articles of Confederation
Colonists were loyal to their particular state and not the nation during the time period after the
war and this left them reluctant to give power to the national government.
Why was this called the Critical Period 1781 to 1789.
Congress was unable to tax and thus could not raise money to pay off war debts.
Congress could coin money but it had no resources to back up its currency. Trade b/w the states
became chaotic when some states began to print their own money.
The AOC did not allow Congress to regulate commerce among the states or with foreign nations.
The President under the AOC was just the presiding officer at meetings.
AOC had no provisions for a judicial system to handle the growing number of economic
conflicts and economic conflicts and boundary disputes among the individual states.
THE GREATEST WEAKNESS OF THE ARTICLES OF CONFEDERATION WAS THE
LACK OF A STRONG CENTRAL GOVERNMENT
The crumbling economy was made worse by a series of bad harvests that failed to produce cash
crops, thus making it difficult for farmers to get out of debt quickly.
Shay’s Rebellion—A 1786 rebellion in which an army of 1,500 disgruntled and angry farmers
led by Daniel Shays marched to Springfield, Massachusetts, and forcibly restrained the state
court from foreclosing mortgages on their farms.
The failure of the Congress to muster an Army to put down the rebellion provided a dramatic
example of the weaknesses inherent in the Articles of Confederation and shocked the nation’s
leaders into recognizing the new national government’s inadequacies.
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III The Miracle at Philadelphia: Writing the U.S. Constitution
May 25, 1787 Constitutional Convention
A The Characteristics of the Framers
All of the delegates to the Constitutional Convention were men
Most were quite young; many were in their twenties and thirties and Ben Franklin was 81.
17 owned slaves with G. Washington, G. Mason, and John Rutledge owning the most.
31 went to college, 7 signed both the declaration and the Constitution.
Constitution—a document establishing the structure, functions, and limitations of a government.
Charles A Beard (1913) in Economic Interpretation of the Constitution of the United States
Argued that the merchants wanted a strong national government to promote industry and trade to
protect private property, and to ensure payment of the public debt which was owed to them. The
constitution represents “ an economic document drawn with superb skill by men whose property
interests were immediately at stake.”
1950’s historians moved away from Beard’s analysis not finding any direct links and others
faulted Beard for not considering the impact of religion and individual views about government.
1960’s others argued that social and economic factors were in fact important motives for
supporting the constitution.
B The Virginia and New Jersey Plans
The less populous states were concerned with being lost in any new system of government where
states were not treated as equals regardless of population.
Virginia Plan—the first general plan for the Constitution offered in Philadelphia. Its key points
were a bicameral legislature, and an executive and a judiciary chosen by the national legislature.
The Virginia Plan was proposed by James Madison and Edmund Randolph called for a national
system based heavily on the European nation-state model, wherein the national government
derives its powers from the people and not from the member states.
Key features of the Va Plan:
1. Creation of a powerful central government with three branches—the legislative, the
executive, and the judicial.
2. A two house legislature with one house elected directly by the people, the other chosen
from among persons nominated by the state legislatures
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3. A legislature with the power to select the executive and judiciary.
New Jersey Plan—A framework for the Constitution proposed by a group of small states. Its key
points were a one house legislature with one vote for each state, a Congress with the ability to
raise revenue, and a Supreme Court with members appointed for life.
Key features of the New Jersey Plan:
1. Strengthening the Articles of Confederation, not replacing them.
2. Creating a one-house legislature with one vote for each state and with representatives
chosen by state legislatures.
3. Giving Congress the power to raise revenue from duties on imports and from postal
service fees.
4. Creating a Supreme Court with members appointed for life by the executive officers.
C Constitutional Compromises
Great Compromise—The final decision of the Constitutional Convention to create a two house
legislature with the lower house elected by the people and with powers divided b/w the two
houses. It also made national law supreme.
The Great Compromise recommended:
1. A two-house or bicameral legislature
2. In one house of the legislature (later called the House of Representatives) there would be
56 representatives—one representative for every 30,000 inhabitants. Representatives
would be elected directly by the people.
3. That house should have the power to originate all bills for raising revenue and spending
money.
4. In the second house of the legislature (later called the Senate), each state should have an
equal vote, and representatives would be selected by the state legislatures.
5. In dividing power b/w the national and state governments, national power would be
supreme.
The Great Compromise dealt with one major concern of the framers—how to best deal with the
differences in large and small states.
Three-Fifths Compromise agreement reached at the Constitutional Convention stipulating that
each slave was to be counted as 3/5s of a person for purposes of determining population for
representation in the U.S. House of Representatives.
The Three-Fifths Compromise was a highly political deal that assured that the South would hold
47 percent of the House—enough to prevent attacks on slavery but not so much as to foster the
spread of slavery northward.
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D Unfinished Business Affecting the Executive Branch
The Committed of Unfinished Portions placed the presidential term at four years but allowed for
an unlimited amount that on person could run for office.
The Framers created the Electoral College.
The Electoral College system gave individual states a key role, b/c each state would select
electors equal to the number of representatives it had in the House and Senate. It was a vague
compromise that removed election of the president and vice president from both the Congress
and the people and put it in the hands of electors whose method of selection would be left to the
states.
Thus the selection of the president was left to a small number of men (the electoral college) who
possessed the information and discernment requisite to decide the complicated business of
selecting the president.
Drafters included a provision to remove a president from office.
House brings for the charges and the individuals are tried in the Senate.
2/3’s vote in the Senate was required to convict and remove the president from office. The Chief
Justice of the Supreme Court was to preside over the Senate proceedings in place of the vice
president.
IV The U.S. Constitution
Opening line “We the people” signifies that the power is derived from the people of the United
States.
September 17, 1787, the Constitution was approved by the delegates from all twelve states in
attendance.
A The Basic Principles of the Constitution
The structure of the new national government owed much of its development to the French
Philosopher Montesquieu (1689-1755) who advocated a separation of powers and a system of
checks and balances.
Separation of powers—a way of dividing the power of government among the legislative,
executive, and judicial branches each staffed separately, with equality and independence of each
branch ensured by the Constitution.
Checks and Balances—a constitutionally mandated structure that gives each of the three
branches of government some degree of oversight and control over the actions of the others.
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A1 Federalism
Federal system—plan of government in which power is divided between the national
government and the state governments and in which independent states are bound together under
one national government, whose power is supreme.
The Framers viewed the division of governmental authority b/w the national government and the
states as a means of checking power with power and providing the people with double security
against governmental tyranny.
Passage of the 10th amendment which stated that powers not given to the national government
were reserved by the states or the people further clarified the federal structure.
A2 Separation of Powers
James Madison believed that “ambition must counter act ambition”
3 key features of separation of powers:
1. Three distinct branches of government: the legislative, the executive, and the judicial.
2. Three separate staffed branches of government to exercise these functions.
3. Constitutional equality and independence of each branch.
Pg 47 checks and balances of the three branches
The Constitution originally placed the selection of senators directly with the state legislators
making them more accountable to the states
17th amendment ratified in 1913 called for the direct election of senators by the voters making
them directly accountable to the people, thus making the system more democratic.
Judicial interpretation, including judicial review, a process cemented by the 1803 decision in
Marbury v. Madison, then helps to clarify the implementation of legislation enacted through this
process.
Our government is one of “separated institutions sharing power”
A3 Checks and Balances
The power of each branch of government is checked or limited, and balanced because the
legislative, executive and judicial branches share some authority and no branch has exclusive
domain over any single activity.
Thus, for almost every power granted to one branch an equal control was established in the other
two branches.
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B The Articles of the Constitution
The first three articles established the three branches of government defined their internal
operations, and clarified their relationships with one another.
The order of the articles and the detail contained in the first three reflects the Framers’ concern
that these branches of government might abuse their powers.
The four remaining articles define the relationships among the states, declare national law to be
supreme, and set out methods of amending the Constitution.
B1 Article 1: The Legislative Branch
Article I vests all legislative powers in the Congress and establishes a bicameral legislature,
consisting of the Senate and the House of Representatives.
It also sets out the qualifications for holding each office in each house, the terms of office, the
methods of selection of representatives and senators and the system of apportionment among the
states to determine membership in the House of Representatives.
Enumerated powers—17 specific powers granted to Congress under Article 1 Section 8 of the
Constitution. Ex regulate trade among states and foreign nations, coin money. All these were
powers lacking under the Articles.
Necessary and Proper Clause—the final paragraph of Article I section 8 of the Constitution
which gives congress the authority to pass all laws necessary and proper to carry out the
enumerated powers specified in the Constitution; also called the elastic clause.
The elastic clause is the basis for the implied powers.
Implied powers—Powers derived from the enumerated powers and the necessary and proper
clause. These powers are not stated specifically but are considered to be reasonably implied
through the exercise of delegated powers.
B2 Article II: The Executive Branch
Article II gives the power to execute the laws of the nation in a president of the United States.
Section 1 sets the presidents term of office at four years and explains the Electoral College.
It also states the qualifications of office and describes a mechanism to replace the president in
case of death, disability, or removal.
Section 3 sets out the powers and duties of the president.
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Important roles: commander and chief, make treaties with the consent of congress, appoint
ambassadors, judges of the supreme court and all other offices of the United States.
President must address the Congress from time to time—State of the Union Address.
Section 4: provides the removal of the President, vp and other officers of the United States for
treason, bribery and other high crimes and misdeamonors.
Also limits the presidency to natural born citizens.
B3 Article III: the Judicial Branch
Article III est. a supreme Court and defines its jurisdiction.
B4 Articles IV through VII
Article IV begins with the Full Faith and Credit Clause
Full Faith and Credit Clause—Provision of the Constitution that mandates states to honor the
laws and judicial proceedings of other states.
Article V specifies how amendments can be added to the Constitution.
Article VI contains the supremacy clause
Supremacy clause—Portion of Article VI of the US Constitution mandating that national law is
supreme to (that is supersedes) all other laws passed by the states or by any other subdivision of
government.
Without the supremacy clause and the federal courts’ ability to invoke it, the national
government would have little actual enforceable power; thus, many commentators call the
supremacy clause the linchpin of the entire federal system.
Article VI also specifies that no religious test shall be required for holding any office.
Article VII concerns the procedures for ratification of the new constitution: nine of the thirteen
states would have to agree to, or ratify its new provisions before it would become the supreme
law of the land.
V The Drive for Ratification of the U.S. Constitution
A Federalists versus Anti-Federalists
Federalists—those who favored a stronger national government and supported the proposed U.S.
Constitution; later became the first U.S. political party.
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Anti-Federalists—Those who favored strong state governments and a weak national government;
opposed the ratification of the U.S. Constitution/ insisted they were federal republicans who
believed in a federal system.
B The Federalist Papers
The Federalist Papers—a series of 85 political papers written by Alexander Hamilton and John
Jay in support of ratification of the U.S. Constitution.
The Federalist Papers are considered a masterful explanations of the Framers’ intentions as they
drafted the new Constitution.
The Federalist Papers did outline the reasons for the structure of the new government and its
benefits.
Anti-Federalists feared the power of the national government to run roughshod over the liberties
of the people.
They proposed the taxing power of the Congress be limited, that the executive be curbed by a
council, that the military consist of state militias rather than a national force, and that the
jurisdiction of the Supreme Court be limited to prevent it from reviewing and potentially
overturning the decisions of the state courts.
Their most effective argument was the absence of a Bill of Rights in the Constitution.
James Madison answered these critiques in Federalists 10 and 51
C Ratifying the Constitution
All states ratified the Constitution except New York and Virginia with 40% of the new nation’s
population and North Carolina and Rhode Island.
Both states accepted with the recommendation of a Bill of Rights.
North Carolina ratified the Constitution once the Bill of Rights was added and Finally Rhode
Island ratified under threats that its major cities would secede from the state if it did not ratify.
D Amending the Constitution: The Bill of Rights
Bill of Rights—the first ten amendments to the US Constitution which largely guarantee specific
rights and liberties.
Sought by Anti-Federalists as a protection for individual liberties, they offered numerous specific
limitations on the national government’s ability to interfere with a wide variety of personal
liberties, some of which were already guaranteed by many state constitutions.
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Bill of Rights—5 freedoms speech, expression, press, religion, and assembly—1st Amendment
Safeguards for those accused of crimes.
The right to bear arms and not have soldiers quartered in homes where a direct result of British
rule.
9th amendment—enumerated rights are not inclusive
10th Amendment—states that powers not given to the national government are reserved by the
states or the people.
VI Toward Reform: Methods of Amending the US Constitution
The Framers made the formal amendment process a slow one to ensure that the Constitution was
not impulsively amended.
Informal amendments, prompted by judicial interpretation and cultural and social change have
had a tremendous impact on the Constitution.
A Formal Methods of Amending the Constitution
Methods of Proposal
1. By two-thirds vote in both houses of Congress
2. By national constitutional convention called by Congress at the request of two-thirds of
the states legislatures. (This method never has been used to propose an amendment.
Methods of Ratification
1. By legislatures in three-fourths of the states (Usual Method)
2. By conventions in three-fourths of the states (Used once 21st Amendment)
B Informal Methods of Amending the Constitution
1. Judicial Interpretation: Marbury v. Madison 1803 the Supreme Court declared that the
federal courts had the power to nullify acts of the nation’s government when they found
they were in conflict with the Constitution.
2. Social and Cultural Change discuss Obama as president and women’s rights/ Growing
increase of power of Congress due to necessity from the Great Depression to the World
Wars.
Key Terms:
Anti-Federalists, Article of Confederation, Bill of Rights, Checks and balances,
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Committees of Correspondence, confederation, Constitution, Declaration of Independence,
enumerated powers, federal system, The Federalist Papers, Federalist, First Continental Congress
Full faith and credit clause, Great Compromise, implied powers, mercantilism, necessary and
proper clause, New Jersey Plan, Second Continental Congress, separation of powers, Shay’s
Rebellion, Stamp Act Congress, supremacy clause, Three-Fifths Compromise, Virginia Plan.