Daily Comment & Card
RATIFIED 1792
THE ELASTIC
CLAUSE AND THE
TENTH AMENDMENT
-The 10th amendment restricts the
federal government to the powers
granted it by the constitution.
Everything else goes to the state.
-Article I, section 8 grants the
government the power to make all laws
“necessary and proper” for carrying
out its powers
-The conflict is determining if the
federal government or the states has
the power
GEORGE
WASHINGTON
-FIRST PRESIDENT
-unanimously elected
-served two terms
-set standard of leadership
-declared Proclamation of Neutrality,
keeping us out of European wars
-Farewell Address warned against
entangling alliances and political
party factions
SONGS FOR THE DAY: CONTROL
“HE HAS
DISSOLVED
REPRESENTATIVE
HOUSES
REPEATEDLY, FOR
OPPOSING WITH
MANLY FIRMNESS
HIS INVASIONS
OF THE RIGHTS
OF THE PEOPLE.”
-COMPLAINT
ABOUT KING
GEORGE IN THE
DECLARATION OF
INDEPENDENCE
PEOPLE TO KNOW (REVOLUTION)
JOHN TRUMBULL, SR:
Colonial governor who sided with the
colonists against the British
JOHN PETER MUHLENBERG:
Clergyman who recruited soldiers
to fight the British
JOHN JAY:
Helped write Federalist Papers; first Chief
Justice of Supreme Court; negotiated Jay
Treaty (boundaries with England)
1/17
PEOPLE TO KNOW (REVOLUTION—Declaration signers)
BENJAMIN RUSH:
Father of American Medicine; signed the
Declaration of Independence
JOHN WITHERSPOON:
Signer of the Declaration of
Independence, President of New
Jersey College (Princeton)
JOHN HANCOCK:
President of Second Continental Congress,
signed the Declaration of Independence
(big signature)
2/17
DECLARATION OF INDEPENDENCE
Mostly written by Thomas Jefferson
Gave reasons why colonists wanted (demanded) independence
from Great Britain.
Listed the grievances of American colonists against the
British King (the things King George III had done wrong)
Said that the purpose of government was to protect
citizens (unalienable) rights to life, liberty and the pursuit
of happiness
Justifies the overthrow of the government that abuses the
rights of the people
3/17
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…
4/17
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...
A. ARTICLES OF CONFEDERATION
While Jefferson was writing the
Declaration of Independence,
John Dickinson drafted the
first constitution for the
United States—
THE ARTICLES OF
CONFEDERATION.
5/1
Under the articles:
government had one body = CONGRESS
Each state = 1 vote
unanimous vote required to amend the articles.
Had the power to:
Wage war, make treaties, send diplomats, borrow money
Could not:
Tax or regulate trade
6/17
Despite their weaknesses, they managed to:
1. Win the war
2. Establish a policy for western lands
(Land Ordinance of 1785)
3. Set laws for creating new states
(Northwest Ordinance of 1787)
7/17
Problems with boundaries
Quarreling
among
states
No power to tax,
raise money
No respect
from other
countries
8/17
Weak (no)
executive
Shays’ rebellion
B. SHAYS’ REBELLION
SHAYS’ REBELLION
(rude awakening)
The rebellion of farmers in
1787 provided the elite
society with a “wake up call”
about the need for a stronger
central government…
9/17
C. THE CONSTITUTION
1. CONVENTION
The Articles of Confederation
work from 1781-1787…
Then a convention was called with the “sole
and express purpose” to revise the Articles of
Confederation.
10/17
U.S. CONSTITUTION (1787)
Replaced the ARTICLES OF CONFEDERATION
Set up a new national government
Set up three branches of government:
EXECUTIVE (President)
LEGISLATIVE (Congress)
JUDICIAL (Supreme Court)
Provided system of Checks and Balances to ensure no
branch too powerful. (meaning some of the power overlaps)
11/17
C. THE CONSTITUTION
2. COMPROMISES
GREAT COMPROMISE
(REPRESENTATION)
TWO HOUSES (BICAMERAL LEGISLATURE):
-SENATE (equal representation)
-HOUSE OF REPRESENTATIVES (population)
12/17
3/5 COMPROMISE
-SLAVERY ALREADY AN ISSUE
COMPROMISE IS… COUNT 3
OF EVERY 5 SLAVES FOR
BOTH TAXATION AND
REPRESENTATION.
ESSENTIALLY SAYS A SLAVE
IS NOT A WHOLE PERSON.
13/17
C. THE CONSTITUTION
3. RATIFICATION
The Federalist Papers
(written by James Madison, Alexander Hamilton and John Jay)
were written for a New York newspaper and
presented reasons for
supporting the Constitution.
The biggest objection to the
constitution was overcome by adding
the Bill of Rights (first 10 amendments).
14/17
AMENDMENT
4. BILLOF RIGHTS
1
15/17
WHAT DID IT DO?
FREEDOM OF SPEECH, RELIGION, PRESS,
ASSEMBLY,PETITION GOV’T
2
BEAR ARMS
3
NO QUARTERING SOLDIERS
4
NO UNREASONABLE SEARCH & SEIZURE
5
GRAND JURY, NO SELF-INCRIMINATION,
6
SPEEDY, PUBLIC TRIAL; CONFRONT WITNESSES,
ASSISTANCE OF COUNSEL
7
TRIAL BY JURY
8
NO EXCESSIVE BAIL, NO CRUEL AND UNUSUAL
PUNISHMENT
9
LISTING OF RIGHTS DOES NOT LIMIT OTHERS RETAINED BY
PUBLIC
10
DUE PROCESS
POWERS NOT DELEGATED TO STATES OR PROHIBITED,
RESERVED FOR THE STATE
PHILOSOPHICAL INFLUENCES ON THE CONSTITUTION
MONTESQUIEU
Gives us the idea of “separation of powers”--each branch has it’s own duties
SOCIAL CONTRACT THEORISTS
GOVERNMENT IS A CONTRACT WITH THE PEOPLE
HOBBES
LOCKE
ROUSSEAU
16/17
THE KING (AUTHORITY) HAS THE DUTY TO PROVIDE
SECURITY.
PEOPLE AGREE TO FORM A SOCIETY (BY UNANIMOUS CONSENT)
AND GOVERNMENT (BY MAJORITY) IS RESPONSIBLE TO THEM.
LESS GOVERNMENT = MORE FREEDOM
EACH MEMBER SURRENDERS RIGHTS TO THE COMMUNITY.
THE GENERAL WILL IS ALWAYS RIGHT
E PLURIBUS UNUM
“OUT OF MANY ONE
It was the motto suggested by the
committed appointed by Congress in July
1776 to design a seal for the country
-Is the motto that was selected by
Charles Thomson in 1782 when he
created the Great Seal with the
American bald Eagle centerpiece
-It represents the union between the
states and the federal government
17/17