American History Honors Unit 1 (Founding Ideas)

Thomas Jefferson

United States Founding Father who wrote the Declaration of Independence before it was revised and approved by Congress on July 4th 1776. A deleted section in the DOI criticized the inhumanity of the slave trade, whilst Jefferson himself owned many slaves on his plantation. Jefferson served as the second vice president, serving under John Adams, and became the third president of the USA from 1801 to 1809. Due to his opinions on the slave trade, Jefferson is one of the best examples of hypocrisy among the Founding Fathers.

The Declaration of Independence

The Declaration of Independence was written by Thomas Jefferson before being revised and approved by Congress on July 4th, 1776. The DOI was meant to provide reasoning to justify the war for independence and why the colonies should be free from British rule. Most of the Declaration includes a lengthy list of grievances directed at King George III. The declaration includes ideas such as life, liberty, the pursuit of happiness, the right to revolt, and the consent of the governed. Many North American colonies and native lands alike took inspiration from the Americans’ Declaration and revolted against their oppressors.

King George III

King George III was the ruling British monarch during the time of the American revolution. He insisted that the 13 colonies needed to be taxed and punished by British parliament. He also refused to admit to defeat to the Americans after the war to not make the mighty lands of Britain look worse.

Equality

Equality means that all people should be treated and given the same opportunities equally. Equality was a key idea during the American Revolution as many believed that they were not being treated the same as British citizens. The Americans were being taxed and ruled unfairly. Although being a key idea of the new lands of America, equality was very limited as women, the enslaved, and non-property holders had little rights compared to the white man.

Liberty

The freedom to make your own choices and live without unfair restrictions or control. During the American Revolution, colonists wanted liberty from British control. The new American government adapted the idea of liberty through the bill of rights: meant to protect individual freedoms. Although liberty was cut short for many who were not a white man who owned land.

Freedom

The ability of people to make their own choices, express their opinions, practice their beliefs, and live without unnecessary or unfair control. During the American Revolution, colonists wanted freedom from British laws and taxes that they believed unfairly restricted them. The new American government adopted this idea by creating a system that protected certain freedoms and limited government power. The Bill of Rights specifically protected freedoms such as speech, religion, press, and peaceful assembly.

Natural rights

Natural rights are basin human rights that they are born with and can not be taken away from them by any government. The colonists used the idea of natural rights to justify their independence from Britain. The US government believed that everyone is born with “unalienable rights” which protect them from oppression and a life without liberty. These rights were cut short for women, enslaved, natives, and people who were any race but white.

Grievences

The Declaration of Independence included a list of 27 grievances written by Thomas Jefferson and directed at King George III. This list included taxation without representation, quartering of soldiers, etc. The new American government ensured this would not happen by stating in the DOI that the people have the right to overthrow the government and change or add laws to protect their rights. The new US government was made to be altered throughout time.

Taxation

One of the main reasons and justification for American independence was taxation without representation. Americans believed that they were being taxed unfairly in retrospect to their role in the British Empire. The Boston Tea Party was result of unhappy Americans after a huge tax of imported tea. The new American government adapted this issue by giving Congress the power to collect taxes under the Constitution, while also allowing citizens to elect representatives who would make decisions about taxation.

Continental Congress

The Continental Congress was a meeting of delegates from the American colonies that helped coordinate their response to British rule during the American Revolution. The First Continental Congress met in 1774 to organize resistance to British policies. The Second Continental Congress met beginning in 1775 and eventually managed the war effort, declared independence, and created the Continental Army. The Continental Congress helped establish the idea that the colonies could work together under a shared government. After independence, the Articles of Confederation created a national government based on Congress, which was later replaced by the stronger federal government created by the Constitution.

Articles of Confederation

Predecessor to the Constitution, the Articles of Confederation sought to balance the need for national coordination of the War of Independence with the widespread feat that a too centralized political power posed a threat to liberty. The AoC was drafted by congress in 1777 and was ratified four years later in 1781. Under the AoC, the thirteen colonies retained their individual sovereignty. Major decisions required the approval of 9 states. The national government could declare war, conduct foreign affairs, and make treaties. They lacked the power to levy taxes or regulate commerce. The AoC helped expand the US westward. Due to the lack of financial power, the government was unable to pay back soldiers and donators leading to the downfall of the AoC and the birth of the Constitution.

Checks and Balances / Separation of Powers

Seeking to prevent any branch of the national government from dominating the other two, the Constitution included a system known of Checks and Balances where the three branches work almost as a game of rock paper scissors. Congress enacts laws, but the president can veto them, but a 2/3 majority vote is required to pass the presidents veto. Federal judges are nominated by the president and approved by the senate. The president can be impeached by the house and removed from office by the senate.

Federalism / Division of Powers

Federalism refers to the relationship between the national and states governments. Unlike the Articles of Confederation, the Constitution significantly strengthened the national government. The president could now enforce law and command the military. Congress could know levy taxes, borrow money, control commerce, declare war, and handle foreign affairs. State government were know barred from issuing paper money, infringing on property rights, impairing contracts, and interfering with interstate commerce. Although, most day-to-day affairs such as education and law enforcement still fell into the hands of the states.

Senate and House of Representatives / Legislative Branch

The two chambers that make up the legislative branch of the US government. The Senate consists of 100 members, 2 for each state, each of whom serves for 6 years. The House of Representatives consists of 435 members who represent their state’s population; for example, California has more members than Wyoming. The members of the House of Representatives each serve for 2 years. The two chambers work together to create and pass laws, approve government spending, and oversee the federal government. The two-chamber system is designed to balance the interests of large and small states and prevent too much power from being concentrated in one group.

American Court System / Judicial Branch

The Judicial branch was made to interpret laws and decide whether or not they follow the Constitution’s principles and ideas. The Constitution created the Supreme Court, made up of 9 judges appointed by the President and approved by the Senate; each member serves for life. Congress is allowed to establish lower federal courts. Courts limit actions by the legislative and executive branches when they conflict with the Constitution.

How a law is made

A proposed law, called a bill, must go through both the Senate and House of Representatives before it can become a law. After Congress passes the bill, it is sent to the president, who can sign it into law or veto it. Congress can override a presidential veto with a two-thirds vote in both the House and Senate. In the Senate, a filibuster can be used to delay or block action on a bill by extending debate; the Senate can usually end a filibuster through cloture, which requires 60 out of 100 votes. This process enforces Checks and Balances and makes it difficult for one person or group to pass laws alone.

Federalists V.S. Anti-Federalists

The Federalists were in support of ratifying the Constitution, while the Anti-Federalists were against it. The Anti-Federalists feared that too much power would lie in the hands of the national government if the Constitution was ratified. Being made up mostly of small rural farmers, the Anti-Federalists saw no need for a stronger central government. They invisioned American to be grounded in local democratic institutions. They also pointed out the lack of a Bill of Rights. The Federalists, on the other hand, believed that they would be protected from a too-powerful central government through Checks and Balances. Federalists John Jay, Alexander Hamilton, and James Madison devised the Federalist Papers: a series of essays made to justify the Constitution. Bring severaly outnumberd, the Anti-Federalists soon came to defeat when the Constitution was ratified on June 21, 1788.

Bill of Rights

Consisting of the first 10 amendments to the Constitution, the Bill of Rights was made to protect the individual liberties of Americans, as well as to sway Anti-Federalists towards ratification.

1. Freedom of speech, including freedom of religion, press, and assembly.

2. The right to bear arms.

3. The right to resist quartering of soldiers.

4. The right to resist unreasonable searches and seizures; requirement of warrants must be necessary to conduct a seach.

5. Due process and rights of the accused, including no double jeopardy, no self-incrimination, and eminent domain.

6. The right to a fair and fast trial.

7. The right to trial by jury in civil cases.

8. No cruel and unusual punishments for the convicted.

9. All people have non-enumerated rights which can not be taken away.

10. Power is reserved for the states (Separation of Powers).

Slavery in the Constitution

There were three rules regarding slavery written into the original Constitution: Congress was prohibited from abolishing the importation of slaves for 20 years to follow, states were now required to return their owners’ fugitives from bondage, and the 3/5 clause provided that the enslaved population counted for only 3/5 of its total. Although it established these rules, the Constitution never directly mentions the words slave or slavery.

Elastic Clause

A part of the Constitution that gives Congress the power to make laws that are “necessary and proper” for carrying out its other responsibilities. The Founders included it so that the new American government would have enough flexibility to handle situations that were not specifically listed in the Constitution. It helped give the federal government implied powers, meaning powers not directly stated but considered necessary to carry out its expressed powers.

The Federalist Papers

John Jay, James Maddison, and Alexander Hamilton wrote The Federalist Papers in order to gain support for the federalists and the ratification of the Constitution. The Federalist consisted of 85 essays, the most famous of which are numbers 10 and 51 written both by James Maddison. These papers were written on the ideas of a stronger national government that is based on the will of the people and an expansion of the American nation. The reason for American expansion was supposedly to increase the population and decrease the chances of faction: a political uprising or organization that share that same cause.

Popular Sovereignty

The idea that government gets its power from the people. During the American Revolution, colonists argued that they should have a voice in how they were governed instead of being ruled without their consent. The new American government adapted this idea by creating a representative democracy, where citizens elect leaders to make decisions for them. Popular sovereignty is reflected in the Constitution's opening words, “We the People,” showing that the authority of the government comes from the people.

Limited Government

The principle that the government does not have unlimited power and must follow the laws and rules established by the Constitution. During the American Revolution, colonists opposed the idea of a government having too much power over their lives without protecting their rights. The new American government adapted this idea by creating the Constitution, which defined the powers of the government and placed limits on what it could do. The Bill of Rights, along with checks and balances and the separation of powers, further protected citizens from government abuse of power.

Republicanism

The idea that a government should be controlled by the people and their elected representatives, rather than by a king or another unelected ruler. During the American Revolution, colonists rejected British monarchy and wanted a government where citizens had a voice. The new American government adapted this idea by creating a republic, where citizens elect representatives to make laws and govern on their behalf. The Constitution established this system through elected positions such as the president, members of Congress, and state officials.

Enumerated vs. unenumerated powers

Enumerated powers are powers that are specifically listed in the Constitution and given to the federal government. Examples include Congress's power to collect taxes, regulate interstate commerce, declare war, and coin money. Unenumerated powers are powers that are not directly written in the Constitution but can exist because of powers that are listed. The Elastic Clause allows Congress to use implied powers when they are necessary and proper for carrying out its enumerated powers. This distinction helped define the limits and responsibilities of the new American government.