Chapter 2: Constitution and Its Origins

Social contract

people form governments to protect natural rights (life, liberty, property-Locke’s theory)

John Locke’s natural rights

life, liberty, property, granted by God

Magna Carta (1215)

english monarch recognized rights of “freemen”; root of Locke’s ideas

English Bill of Rights (1689)

passed after King James II deposed; enshrined citizens’ liberties

Seven Years War (1756-1763) outcome

britain gained land east of Mississippi, but near bankruptcy → new taces on colonies

Why colonists saw taxes as unjust

no elected representation in parliment

Boston Massacre (March 1770)

british troops killed 3 colonists (incl. Cripus Attucks); 8 soldiers tried for murder

Boston Tea Party (1773)

protestors dumped british tea into Boston Harbor

Coercive Acts (1774)

parliment’s punishment for tea party; stripped MA of self rule

First Continental Congress

formed by colonists to oppose British rule after coercive acts

When was the Articles of Confederation approved and fully ratified?

approved Nov. 1777; ratified March 1781

What was the basic structure of governemnt under the Articles?

strong states, weak central overnemnt; cooperated only on things like defense

What was the Articles’ taxation weakness?

no power to tac; had to request funds from states

What was the Articles’ military weakness?

no standing army/navy; couldn’t control the frontier or piracy

What was the Articles’ currency/trade weakness?

worthless national currency; no power over tariffs.interstate commerce

What was the Articles’ amendment weakness?

required unanimous consent from all states

What was Shay’s rebellion (1786-87)?

uprising of MA farmers led by Daniel Shays & Job Shattuck; exposed the government’s weakness

What happened at the 1786 Annapolis Convention?

called to revise the Articles; failed only 5 states attended

What was the outcome of the Philadelphia Convention (1787)?

only 12 states attended; delegates scrapped the Articles entirely

What were the 3 main points of contention at the convention?

1. national vs. state power

2. small vs. large state representation

3. slavery

What did the Virginia Plan propose?

bicameral legislature, representation by population (favored large states)

What did the New Jersey Plan propose?

unicameral legislature, equal representation per state (favored small states)

What was the structure of the greay compromise?

bicameral congress; house by population, senate equal (2/states)

How were House and Senate members originally elected/how long were terms?

house: 2-yr terms, popular vote

senate: 6-yr terms, originally by state legislatures

What did the three-fifths compromise establish?

each enslaved person counted as 3/5 person for representation & taxation

What other slavery-related compromises were made?

foreign slave trade protected until 1808; domestic trade permitted; freedom seekers had to be returned

Why did delegates want separation of powers?

fear that a strong government could become tyrannical

What does the legislative branch (Article I) do?

bicameral congress; makes laws

What does the executive branch (Article II) do?

president; enforces laws, commander-in-chief

What does the judicial branch (Article III) do?

supreme court + lower federal courts; tries federal cases

What powers does the president hold?

veto, appoint judges/ambassadors, pardons, foreign affairs

What checks does Congress have on the president?

override veto, reject war/funding, reject nominees.treaties, impeachment

What is the impeachment process?

house impeaches → senate convicts/removes 2/3 vote

What is judicial review, and where did it come from?

not explicit in Constitution; established in Marbury v. Madison (1803)

What are enumerated powers?

powers explicitly granted to the federal government

What are reserved powers?

everything else, left to the states

What does the Supremacy Clause (Art. VI, Cl.2) say?

constitution/federal laws/treaties = “supreme Law of the Land”

How many states were needed to ratify the Constitution?

9 of 13

Who were the federalists?

favored ratification, strong federal government

Who were the anti-federalists?

opposed; feared inadequate protection of liberties

What were the federalist papers?

essays by Hamilton, Madison, Jay, arguing for ratification

Which state ratified first?

Delaware (Dec. 7, 1787)

Which state was the 9th to ratify?

New Hampshire (June 1788)

Why did Virginia & New York’s ratification still matter?

politically essential large states, even though not required for the 9-state threshold

Which state ratified last?

Rhode Island (May 29, 1790)

When did the Constitution officially take effect?

March 4, 1789

How can an amendment be proposed (Article V)?

2/3 vote both chambers, OR a national convention (2/3 state legislatures)

How can an amendment be ratified (Article V)?

¾ of state legislatures, or ¾ of state ratifying conventions

Which amendment is the only one ratified by conventions?

21st amendment (repealed prohibition)

What is the Bill of Rights?

1791; first 10 amendments, addressed anti-federalist concerns

What did the 13th, 14th, and 15 amendments do?

post-civil war; abolished slavery; civil rights/liberties for freed slaves

What did the 17th amendment do?

direct election of senators

What did the 19th amendment do?

women’s suffrage (1920)

What did the 24th amendment do?

abolished poll taxes

What did the 26th amendment do?

lowered the voting age from 21 to 18

Who was James Madison?

constitutional convention figure; federalist papers & bill of rights author; later president

Who was Alexander Hamilton?

majority author of the federalist papers; secretary of the treasury

Who was Charlotte Forten Grimke?

taught free enslaved people; writer/activist; co-founded the national association of colored women; suffrage advocate

Who were Daniel Shays and Job Shattuck?

led Shays rebellion