IB History of the Americas HL 1 The Constitution and Bill of Rights

Enlightenment Ideologies

• Core Ideas:

  • Reason: Emphasized the power of human reason to understand the world and solve problems.

  • Natural Rights: Belief in inherent rights like life, liberty, and property (John Locke).

  • Social Contract: The idea that government's legitimacy comes from the consent of the governed (Rousseau, Locke).

  • Separation of Powers: Advocated dividing government authority to prevent tyranny (Montesquieu).

  • Individualism: Focused on the importance of individual autonomy and freedom.

  • Progress: Belief in the possibility of human improvement through reason and reform.

• Influence: These ideas profoundly influenced the American Revolution and the drafting of the Constitution.

Articles of Confederation (Government Structure)

• Unicameral Congress

• Equal state representation → 1 state = 1 vote

• No executive branch

Articles of Confederation (Strengths and Weaknesses)

• Strengths:

  • Established a framework for national government during the Revolutionary War.

  • Successfully negotiated the Treaty of Paris (1783), ending the war.

  • Passed the Land Ordinance of 1785 and the Northwest Ordinance of 1787, establishing procedures for land settlement and statehood.

  • Regulate currency

  • Borrow money from the states

  • Directs operations of land and naval forces

  • Settle disputes between states

  • Wage war

• Weaknesses:

  • Lack of a strong central government.

  • Congress lacked the power to tax, leading to financial instability.

  • No executive or judicial branch to enforce laws.

  • Difficulty in regulating interstate commerce.

  • Required unanimous consent to amend, making it nearly impossible to change.

  • Passing laws require 9/13 states approval

  • States retained too much power

  • Cannot enforce treaties

Shay's Rebellion

• An armed uprising of indebted farmers in Massachusetts (1786-1787).

• Highlighted the weaknesses of the Articles of Confederation and the need for a stronger national government.

• Demonstrated the potential for social unrest when economic grievances were not addressed.

Federalists

• Supporters of the proposed Constitution

• Advocated for a strong central government

  Believed a strong national government was necessary for stability and prosperity

• Prominent Federalists: Alexander Hamilton, James Madison, John Jay

Anti-Federalists

• Opponents of the proposed Constitution.

• Feared a strong central government would threaten individual liberties and states' rights

• Advocated for a Bill of Rights to protect individual freedoms

• Prominent Anti-Federalists: Patrick Henry, George Mason

The Federalist Papers

• A series of 85 essays written by James Madison, Alexander Hamilton, and John Jay.

• Published to persuade New York citizens to ratify the Constitution.

• Explained the principles of the proposed government and addressed Anti-Federalist concerns.

3 Branches of Government and Their Powers (Constitution Articles I, II, III)

• Article I: Legislative Branch (Congress):

  • Makes laws.

  • Composed of the House of Representatives and the Senate.

  • Powers include taxation, regulation of commerce, and declaring war.

• Article II: Executive Branch (President):

  • Enforces laws.

  • Powers include commander-in-chief, making treaties, and appointing officials.

• Article III: Judicial Branch (Supreme Court and lower federal courts):

  • Interprets laws.

  • Powers include judicial review (the power to declare laws unconstitutional).

Separation of Powers

• The division of government authority among the legislative, executive, and judicial branches.

• Designed to prevent any one branch from becoming too powerful.

Checks and Balances

• A system that allows each branch of government to limit the powers of the other branches.

• Examples: President's veto power, Congress's power to impeach, and the Supreme Court's power of judicial review.

The Great Compromise (Connecticut Compromise)

• Resolved the dispute between large and small states over representation in Congress.

• Created a bicameral legislature:

  • Senate: Equal representation (two senators per state).

  • House of Representatives: Representation based on population.

3/5ths Compromise

• Resolved the issue of how to count slaves for purposes of representation and taxation.

• Each slave counted as three-fifths of a person.

• This compromise gave Southern states more political power.

Electoral College

• The system used to elect the President of the United States.

• Each state is assigned a number of electors equal to its total number of senators and representatives.

• The candidate who wins the majority of electoral votes wins the presidency.

Popular Sovereignty

• The principle that the authority of the government is created and sustained by the consent of its people, throughtheir elected representatives (Rule by the People).  

Republicanism

• A form of government in which representatives are elected by the people to make and enforce laws.

• People do not directly create laws.

Federalism

A system of government in which power is divided between a national government and state governments.

1st Amendment

Freedom of speech, religion, press, assembly, and petition

• Connection: Britain restricted colonial speech and press through censorship and prosecutions for seditious libel.Colonists were denied the right to freely assemble and petition the government to redress grievances. Religious persecution also existed. This amendment directly addresses those abuses.  

• Revolutionary Grievance: The Intolerable Acts, which restricted town meetings and other forms of assembly, and the prosecution of individuals who criticized the Crown.

2nd Amendment

Right to bear arms

• Connection: The British government attempted to disarm the colonists, notably leading to the Battles of Lexington and Concord. The colonists viewed this as a direct threat to their ability to defend themselves and their liberties.  

• Revolutionary Grievance: British attempts to seize colonial arms and ammunition.  

3rd Amendment

Protection against quartering soldiers

• Connection: The Quartering Act forced colonists to house British soldiers in their homes, a significant intrusion on their privacy and property.

• Revolutionary Grievance: The Quartering Act of 1765 and subsequent acts, which were deeply resented by colonists.

   

4th Amendment

Protection against unreasonable searches and seizures

• Connection: The British used writs of assistance, general search warrants, to search colonial homes and businesses for smuggled goods, without probable cause.  

• Revolutionary Grievance: Writs of assistance and other intrusive searches by British officials.

   

5th Amendment

Right to due process, protection against self-incrimination and double jeopardy

• Connection: The British often denied colonists due process, holding trials without juries or in admiralty courts.Colonists were also subjected to arbitrary arrests and imprisonment.  

• Revolutionary Grievance: Lack of fair trials, arbitrary arrests, and the use of admiralty courts.

6th Amendment

Right to a speedy and public trial

• Connection: Colonists were often denied the right to a speedy and public trial, with trials sometimes held in Britain rather than in the colonies.

• Revolutionary Grievance: Trials held in Britain, denial of jury trials, and lack of speedy trials.

7th Amendment

Right to a jury trial in civil cases

• Connection: The British government often denied colonists the right to a jury trial in civil cases, particularly in disputes involving trade and commerce.  

• Revolutionary Grievance: Denial of jury trials in civil cases, particularly in disputes related to trade regulations.

8th Amendment

Protection against cruel and unusual punishment

• Connection: While the British legal system of the time was harsh by modern standards, the colonists feared the potential for arbitrary and severe punishments. This amendment was designed to prevent the imposition of excessive fines and cruel punishments.

• Revolutionary Grievance: Fear of arbitrary and harsh punishments imposed by the British government.

9th Amendment

Protection of unenumerated rights

• Connection: The colonists feared that listing specific rights in the Constitution might imply that other rights were not protected. This amendment ensures that the people retain all rights not specifically enumerated.

• Revolutionary Grievance: A general fear of government overreach and the potential for the suppression of unlisted rights.

10th Amendment

Powers not delegated to the federal government are reserved to the states or the people.

• Connection: The colonists believed that the British government had overstepped its authority by imposing taxes and regulations without their consent. This amendment reinforces the principle of federalism, limiting the power of the federal government and reserving powers to the states or the people.  

• Revolutionary Grievance: British attempts to exert excessive control over the colonies, violating the principle of local self-government.