2 - Foundations of American Government

What Americans wanted in government

Limited government, representative government, individual freedoms, rule by law

Limited government

Government has to follow the rules too; prevents too much power

Representative government

People have a voice in the government through elected officials who are mandated and able to represent us

Individual freedoms

Guarantees individuals freedom of speech and religion, and protection from unfair laws and punishments

Rule by law

Written laws so everyone knows the rules and consequences

Declaration of Independence (1776)

Independence proposed by Richard Henry Lee and approved 7/2/1776; written/promoted by Thomas Jefferson (T.J.) and approved 7/4/1776; lists grievances and includes Locke's social contract; KEY IDEAS: government must follow rules just like the people; all men created equal, given unalienable rights; life, liberty, and the pursuit of happiness; governments get their power from the consent of the governed

Declaration of Independence - social contract

Government is created by the people and must serve the people; specific in saying people have the right to replace the government

4 parts of the Declaration of Independence

1. Preamble/introduction 2. Explanation of political ideas it was based on (natural rights like life, liberty, happiness; social contract) 3. List of grievances against King George III 4. Resolution that these colonies ought to be free and independent states

Articles of Confederation (AOC) 1777

First written constitution for the newly independent states; gave most power to the states; national government (Congress) provided protection; only 1 branch of government (Congress)

Nationalists

Americans who wanted a strong national government; most were very wealthy (George Washington, Ben Franklin, Madison, Hamilton); predicted America would get no respect with no army, no courts, and no economic policy

Shays' Rebellion

CAUSE: legislators passed a huge tax on Massachusetts citizens payable only in gold/silver; western farmers already in debt couldn't pay and many had possessions seized. EVENTS: Daniel Shays (seasoned Revolutionary War veteran facing jail for debt) led a rebellion that spread; tax collectors driven off and courts closed; government couldn't stop him, so Bostonians raised an army; Shays defeated Feb 1787 and he and others sentenced to death. SHOWS: Americans dislike authority (taxes, taking possessions)

Effects of Shays' Rebellion

Demonstrated American commitment to defy authority; showed something had to be done to strengthen the national government; led to another convention in Philadelphia

Virginia Plan (large state plan)

Proposed by Edmund Randolph; 3 branches; BICAMERAL legislature with both houses based on population (lower house elected by the people, upper house chosen by the lower house); executive (president) and judicial (courts) both chosen by the legislature; national legislature could veto (had power over) the states

New Jersey Plan (small state plan)

Proposed by William Paterson; 3 branches; UNICAMERAL legislature where each state gets one vote; multiple executives chosen by the legislature; judicial (courts) appointed by the executive, approved by the legislature, and appointed for life

Bicameral vs. unicameral

Bicameral = two-house legislature (Virginia Plan); unicameral = one-house legislature (New Jersey Plan)

Connecticut Compromise (Great Compromise)

3 branches with a bicameral legislature. LOWER HOUSE (House): elected by the people, based on population (3/5 compromise). UPPER HOUSE (Senate): equal representation, 2 senators per state, originally chosen by state legislatures (directly elected since the 17th Amendment, 1913). EXECUTIVE: president chosen by the Electoral College. JUDICIAL: courts appointed by the executive, approved by the legislature, appointed for life

3/5 Compromise

Enslaved people counted as 3/5 of a person when determining a state's population for representation

National supremacy clause

State laws cannot trump federal laws; but the president has to execute (enforce) it (example: California drug laws)

Federalists

Wanted a strong national government; George Washington, Madison, Hamilton; wrote the Federalist Papers

Federalist Papers

Essays (by Hamilton, Madison, and Jay) that outlined how the new government would work and argued for ratification

Anti-Federalists

Argued for individual rights; Patrick Henry, Thomas Jefferson; feared the president would become a king; thought government would come under the control of one particular group

Federalist/Anti-Federalist compromise

BILL OF RIGHTS: Federalists promised to add protections for individuals through amendments. FEDERALISM: state and national governments have their own powers, but the national government is supreme

Ratification of the Constitution

Needed 9 of 13 states; New Hampshire was the 9th, making it official; Rhode Island was last (13th, 1790); New York was the 1st capital; George Washington was the 1st president; new government began April 1789; Bill of Rights presented June 1789