OLLI at Duke The American Revolution and the Shaping of the US Constitution (OLLI Course 2130)
1763 The colonists emerged from the Seven Years War (French and Indian War in the colonies) with a heightened sense of collective identity. The War also strengthened colonists pride in being members of the British Empire. 1763 also marked the end of salutary/benign neglect (1640 s-1763). 1 2 3 4 5
BACKLASH! British! Proclamation Line of 1763. Colonials! Paxton Boys (PA)
Rethinking Their Empire Br. Gvt. measures to prevent smuggling: A 1761! writs of assistance James Otis case Protection of a citizen s rights private property must be held in higher regard than a parliamentary statute. He lost! parliamentary law and custom had equal weight.
Theories of Representation Real Whigs Q-> What was the extent of Parliament s authority over the colonies?? Absolute? OR Limited? Q-> How could the colonies give or withhold consent for parliamentary legislation when they did not have representation in that body??
George Grenville s Program, 1763-1765 1. Sugar Act - 1764 2. Currency Act - 1764 3. Quartering Act - 1765 4. Stamp Act - 1765
Stamp Act Crisis Sons of Liberty Stamp Act Congress 1765 Stamp Act Resolves non-importation agreements Stamp Act Repealed - 1765 Declaratory Act 1766
Townshend Duties Crisis: 1767-1770 1767! Charles Townshend, Secretary of the Exchequer. Shift from paying taxes for Br. war debts & quartering of troops! paying col. govt. salaries. He diverted revenue collection from internal to external trade. Tax these imports! paper, paint, lead, glass, tea. American ports! established a Board of Customs in Boston.
Colonial Response to the Townshend Duties 1. John Dickinson! 1768 * Letters from a Farmer in Pennsylvania. 2. 1768! 2 nd non-importation movement: * Daughters of Liberty * spinning bees 3. Riots against customs agents: * John Hancock s ship, the Liberty. * 4000 British troops sent to Boston.
1763-1766: Stamp Act Congress: 9/13 colonies represented a discussion of how to deal with the new oppressive British policies two camps : one open to negotiation; and one open only to vigorous rebellion (Sons of Liberty/Adams, Revere, Henry, et al) open rebellion included tar & feathering, looting and burning of Stamp official s homes and equipment; open letters of rebellion (Committees of Correspondence/Franklin) 1765: Stamp Act repealed (question: what had the colonists learned?) Declaratory Act passed by Parliament stating that the English government had control over the colonies in all cases whatsoever
Committees of Correspondence Purpose! warn neighboring colonies about incidents with Br.! broaden the resistance movement.
1766-1770: After the Stamp Act Congress, the repeal of the Stamp Act, and the issuing of the Declaratory Act, tensions between the colonists and the British government continued to build. We begin to see the formation of the colonists into three groups: 1. Patriots who believe in representation, a voice in governing, and freedom; 2. Tories (or Loyalists) who believe that the colonies can only survive with England s support and protection; and, 3. colonists who want peace and a continuation of colonial successes. It is during this period that the development that creates the most tension is the build-up of British troops in the colonies ( Red Coats/Lobster Backs ) and the enforcement of the Quartering Act. This tension is especially felt in the city of Boston, the largest colonial port. The tension leads to the Boston Massacre in March of 1770.
This Massacre enflamed the colonists and England s Parliament realized that things had to be calmed down. So, from 1770 the King and Parliament made some concessions: some British troops would be removed to Canada & England; the Quartering Act would not be strictly enforced Grenville was replaced with Lord North as Prime Minister: North was a friend of many prominent colonists and empathetic to Colonial feelings other taxes, the question of representation, and English control remained in tact. So, from 1770-1773 things calmed down considerably and the colonists returned to economic, social, and political development. QUESTION: From 1765 (Stamp Act Congress) to 1770 (Boston Massacre) what had the colonists learned about themselves?
British East India Co.: Monopoly on Br. tea imports. Many members of Parl. held shares. Permitted the Co. to sell tea directly to cols. without col. middlemen (cheaper tea!) North expected the cols. to eagerly choose the cheaper tea. Tea Act (1773)
The Coercive or Intolerable Acts (1774) 1. Port Bill 2. Government Act 3. New Quartering Act 4. Administration of Justice Act Lord North 5. Quebec Act
First Continental Congress (1774) 55 delegates from 12 colonies Agenda! How to respond to the Coercive Acts & the Quebec Act? 1 vote per colony represented.
The British Are Coming... Paul Revere & William Dawes make their midnight ride to warn the Minutemen of approaching British soldiers.
The Shot Heard Round the World! Lexington & Concord April 18,1775
The Second Continental Congress (1775) Olive Branch Petition
Thomas Paine: Common Sense
Great Game of Politics 1775: 8 colonies had royal governors, 3 under proprietors (MD, PA, DE), and 2 under selfgoverning charters (CT, RI) Used bicameral legislatures upper house (council) chosen by king, lower house by elections Self-taxation through elected legislatures was highly valued Conflicts between Governors & colonial assemblies: withheld governor s salary to get what they wanted, had power of purse
Great Game of Politics 1775: all colonies had property requirements for voting, office holding Upper classes afraid to give vote to every biped of the forest, ½ adult white males had vote Not true democracy, but more so than England
Colonial Folkways Mid-1700s similarities of colonies: English in language/customs Protestant Some ethnic/religious tolerance Unusual social mobility Some self-government 3,000-mile moat separated them from England
Declaration of Independence (1776)
New National Symbols
1776-1781: The American Revolution This war between the English government and its American colonies was fought for all of the principles that had developed among the colonists and all the grievances stated in the Declaration of Independence. It was a difficult struggle for the colonists but even more so for the English. The colonists were resourceful (Minutemen, rifles, and guerrilla tactics) and received the assistance of European powers, especially France. European leaders also formed an Alliance of Neutrality with a promise to assist in the defeat of England if necessary. QUESTION: Why did European leaders so willingly want to help the colonists when all of them feared and loathed the idea of democracy? The colonists did have a government during the war: the Second Continental Congress had ratified the Articles of Confederation for the purpose of uniting the colonies and fighting the war.
Once the war ended in 1783, the new government became the Articles. The Articles of Confederation (1777-1787) pretty much illustrated the fears of the new independent Americans and reflected the relationship that had developed between the English King and Parliament from 1763-1783. This government was created by the Second Continental Congress in 1775 to ensure that the Continental Army had some backing, that the newly declared independent states had the ability to raise funds, and that there was a sense of inclusion among all 13 states. Taking a look at its provisions we can begin to see what it was that the Americans wanted in their government and we can also see that there is a direct correlation to those provisions and the colonists relationship with the English King and government.
The Articles did create a unicameral Congress which would represent the people, and it did have some authority: it could raise an army and it could declare war. These powers were seen as necessary for the unity of the war effort and the creation of the Continental Army BUT this Congress could not raise taxes, without the states agreeing to pay them, and this Congress could not regulate trade or collect tariffs. Both of these limitations are in direct correlation with long-time relationships with England: 1. No taxation without representation and no taxes forced upon the people (the very essence of the revolution): 2. No infringement or barriers of a state s right to trade with whomever they wish (a major provision of the now defunct Charters).
Some other provisions of the Articles of Confederation and how they relate to the colonists relationship with England: * a unicameral Congress this reflects the overall importance all states represented by population of the principle of EQUAL BUT all states had ONE vote representation * a 2/3 vote is required for all proposed this reflects the fear that a small laws and a UNANIMOUS vote is required group could gain control and for any changes to the Articles control the government * there is no provision for a National judicial this reflects the concern among system states that a large government would tell them what they could and could not do (a forerunner to debate over state s rights ) * there was an Executive Branch created but this is an obvious reaction to the it was a committee and had little authority authority exercised by King to act George lll and an understood fear of a central power
The Articles of Confederation were an acceptable form of government mainly because it limited the power of a central government and reserved most of the powers for the states themselves clearly understood after the previous 20 years or so of government abuse by the English King and Parliament. As time went on the weaknesses of this system began to show themselves: laws could be passed but with a very weak executive branch those laws were all but impossible to enforce; the lack of authority to effectively collect taxes made it impossible to take care of the country as a whole; the lack of power to regulate trade with foreign governments and among the states themselves led to regional conflicts and national embarrassment; the lack of authority to create a national currency led to economic confusion and weakness; and, the required UNANIMOUS vote to change to Articles was an obstacle, though well-intentioned; that created an inflexibility that would lead to frustrated citizens taking action (i.e. Shay s Rebellion in 1786).
The Articles were not without its successes: it was a fairly effective national government during the Revolution; it successfully negotiated a generous Treaty of Paris that ended the Revolution; it successfully dealt with the addition of new territory after the War, a potentially volatile situation as states began a land grab, by passing the Land Ordinance of 1785 and the Northwest Ordinance of 1787. BUT the weaknesses far outweighed the successes and with Shay s Rebellion in 1786, a new fear of anarchy began to grip the nation s leaders and prompted the call for a new Convention to fix the Articles of Confederation. This convention was held in Annapolis, Maryland in 1786 and called for a new Constitutional Convention to be held in the summer of 1787 in Philadelphia. It was the 55 men who eventually arrived in Philadelphia who were faced with the task of fixing an ineffective government with a more effective, and perhaps stronger, one that protected the concerns among the states and the people due to their long, unhappy relationship with their original Mother Country.
Shay s Rebellion, Spring 1786 The Annapolis Convention, 1786
The Constitutional Convention 35
The Constitutional Convention begins 1787 - Philadelphia Delegates from all the states invited to a convention to improve the Articles of Confederation, which were not working Only RI didn t attend 55 Delegates attended 36
Leaders of the Convention George Washington was asked to preside (lead) over the convention. James Madison kept notes of the discussions and is often called The Father of the Constitution. The men who wrote the Constitution are called the Founding Fathers. All the participants in the Convention were wealthy, white, males. 37
Issues that divided the Nation s leaders The power of the federal government. Would the states or the federal government have the most power? Representation in Congress (How many members on Congress would each state get? small states wanted equal representation, large states wanted it to be determined by population of the states Slavery How would slaves be counted? Would the slave trade continue? 38
Goals Of The Constitution
Goals Of The Constitution Origins Found in the preamble of the Constitution. The Constitution http://lawlibnews.blog.asu.edu/files/2007/09/constitution_quill_pen.jpg/ Announced why the Constitution was to replace the Articles of Confederation.
How did the Constitution strengthen the We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. US Government? 41
Goals Of The Constitution The Goals Establish justice. National courts are needed to interpret and judge the laws. Creates one system of justice. Ensure domestic tranquility. In response to Shays' Rebellion and interstate conflicts over trade and crime. Provides the federal government with the authority to preserve the peace. American Eagle Seal Of The United States http://www.uwec.edu/freitard/groupandminority/ Charlotte/Issues/eagle.bmp
Goals Of The Constitution The Goals Seal Of The U.S. Army http://www.ushistory.org/betsy/images/armyseal.jpg Provide for common defense. Strong armed forces are important to a nation's foreign policy. Provides Congress the power to raise and support an army and navy.
Five Principles Of The Constitution
Five Principles Popular Sovereignty Defined. The people rule through a social contract with the government. A representative government in which people elect public officials in free and frequent elections. Original Thirteen States http://www.teachnet.ie/jheffernan/2005/images/american-revolution-map.gif
Five Principles Government s Power Should Be Limited Fearful of tyranny, the first government under the Articles of Confederation was deliberately made too weak. Written in a Constitution, certain rights are guaranteed. The Constitution http://www.realtyworld-barnes.com/resources/constitution-01.gif/
Five Principles Federalism Results In A Sharing Of Power Defined. Power is broken up between the central and state governments. Powers of the federal government are clearly stated in Article I, Section 10. Powers reserved to the states are found in Article I and in the 10 th Amendment. Federalism http://usinfo.state.gov/products/pubs/democracy/images/4federalism.jpg
Five Principles Separation Of Powers Creates three branches of the federal government, each having its own powers. Legislative---Make the laws. Executive---Enforce the laws. Judicial---Interpret the laws. Separation Of Powers http://www.fasttrackteaching.com/ separation_powers600g50.gif
Five Principles Checks & Balances: Legislative (Congress) POWERS. Passes laws, taxes, and money bills. Override a veto with 2/3 vote. Approves Supreme Court appointments. Raises and supports armed forces. Declares war. Sets standard weights and measures. Regulates foreign and interstate commerce. CHECKS ON POWER. President can veto laws. Supreme Court can rule that laws are unconstitutional.
Five Principles Checks & Balances: Executive (President) POWERS. Carry out the laws. May propose or veto laws. Conducts foreign policy. Can grant pardons or reprieves. Prepares the budget. Appoints Supreme Court judges and other officials. Serves as Commander-in- Chief of the armed forces. CHECKS ON POWER. Congress can override vetoes. Congress can impeach the president and other high officials. Senate approves Presidential appointments.
Five Principles Checks & Balances: Judicial (Federal Courts) POWERS. Interprets the laws. Rules on the constitutionality of laws. CHECKS ON POWER. Congress can propose an amendment to the Constitution to change the laws. Congress can refuse to approve presidential appointments.
Conflict at the Constitutional Convention Delegates disagreed on THREE key issues: Representation Slavery Trade 52
Conflict @ the Convention: Representation in the new Congress Big States vs. Small States Virginia Plan Representation based upon a states population (favored more populated states) New Jersey Plan Each state had equal votes 53
Compromise: Representation The Great Compromise Settled the representation conflict Delegates created a 2 house (bicameral) legislature One house based upon population (House of Reps) A second house based upon equal votes per state (the United States Senate) 54
Conflict: The Slavery Issue Southern states supported slavery Wanted slaves to count for representation, but not for taxation Northern states wanted slaves to count for taxation, not representation 55
Compromise: The Slavery Issue The Three Fifths Compromise: settles the Slavery Issue 3 out of 5 slaves would be counted for both representation and taxation 56
Conflict: The Trade Issue Southern delegates did not want an export or import tax (tariff). Northern delegates favored a tax on imports to help northern industries grow. This could hurt the South Compromise: Congress was given the power to tax imports, but not exports The South needed slavery for plantation labor. The North feared slave populations would be to high. Compromise- The importation of slaves would end 20 years from the ratification of the Constitution 57
DEBATE ON RATIFICATION Federalists argue for a strong federal system to replace the Articles of Confederation (Madison/ Hamilton/Jay) Anti-federalists believe that the new constitution would be too strong and crush the Peoples rights (Henry & S. Adams) 58
Ratification: All 13 states were to be given the opportunity to ratify, or approve, the new Constitution. Each state was free to determine for itself the best method for ratification: state convention, legislative vote, or popular vote. As each state ratified the Constitution, it would become a member of the new government. Thus, Delaware became the First State. Nine states were needed for ratification and New Hampshire had the privilege of being state #9.
To assist in understanding the new Constitution three men, Alexander Hamilton, James Madison, and John Jay, wrote a series of articles that were published in newspapers across the country to help explain many of the significant, and controversial, elements of the Constitution. These included articles on the role of political factions (i.e. parties), the protection of the minority, and the creation of powers.
A Living Document
Living Document Language & Tradition The Elastic Clause. Article I, Section 8, Clause 18. Allowed Congress to stretch its powers to pass laws to change with society. Commerce Clause. Article I, Section 8, Clause 3. Regulate trade with other nations and between states. Allows the laws to keep pace with technological and economical changes. The Elastic Clause http://www.smackshopping.com/wp-content/uploads/ 2007/12/rubber%20band%20ball.jpg
Living Document Language & Tradition Increased the power of the executive branch. Creation of a Cabinet to head the different departments. National emergencies increase the leadership role of the President. Washington s First Cabinet: Knox, Hamilton, Jefferson, & Randolph http://www.gwu.edu/~ffcp/exhibit/p5/p5_9large.jpg
Living Document Language & Tradition Judicial review. Established in Mabury v. Madison by John Marshall. An interpretation of Article III, Section 2. Allows the Supreme Court the right to decide whether a law violates the Constitution. John Marshall http://www.constitution.org/img/john_marshall_1824_peticolas.jpg
Compromise: Federalists vs. Anti-federalists Federalists agree to add a Bill of Rights to the new Constitution The Addition of the BOR allowed Anti-Feds to agree to ratify the new Constitution The Constitution was ratified in 1789 65
Living Document Amendments Extremely hard process to amend the Constitution. Results in only 27 amendments in over 225 years. School House Rock! Bill http://www.postdiluvian.org/~gilly/schoolhouse_rock/pix/bill.jpg
Living Document Key Amendments: Bill Of Rights First ten amendments. Includes freedom of speech, the press, religion, assembly, the right to bear arms, protection from unreasonable search and seizure, trial by jury, and more. Bill Of Rights http://www.corliss-lamont.org/tbor-prt.gif
Living Document Key Amendments: Civil War Amendments Amendments 13-15. Ended slavery, guaranteed slaves citizenship and equal rights, and guaranteed the right to vote regardless of race. 13 th Amendment: Emancipation http://www.loc.gov/rr/program/bib/ourdocs/images/13th.jpg
Living Document Key Amendments: Nineteenth Amendment Extended the right to vote to women. Women s Suffrage March http://www.photosofoldamerica.com/webart/large/133.jpg
The Unwritten Constitution The Unwritten Constitution refers to traditions that have become part of our political system. 70
The Unwritten Constitution -Political Parties are not written into the Constitution -The Primary responsibility for political parties is to nominate candidates for office -George Washington warned against the formation of political parties. 71
The Unwritten Constitution President Washington appointed Cabinet members to help him run the government. All presidents have followed this tradition The presidential cabinet is NOT written in the Constitution 72
Unwritten Constitution President Washington served 2 terms and retired The 2 term tradition became part of the Unwritten Constitution FDR broke with tradition, 2 terms has since been written into the Constitution through the amendment process. 73