Constructing a Government, The Founding and the Constitution

- # Outline

- Three #colonial forces which preceded the [[American Revolution]] and continue to affect American life today are #capitalism, [[representative government]], and #violence and #racism

- #capitalism : America virtually began as a series of commercial ventures and grew from these roots and became institutionalized over time in a host of federal, state, and local agencies and regulations

- Political freedom was an important value and thus [[representative government]] was established as a form of rule

- The institution of slavery , which encompassed racism and violence, was vital to the early economic development of the United States. Violence between [[Native Americans]] and White settlers led to widespread gun ownership and heavily armed local militias

- # The First Founding: Interests and Conflicts:

- In colonial politics, five sectors of society had important, and oftentimes conflicting, interests:

- New England merchants

- Southern Planters

- the "royalists" or holders of royal lands, offices and patents

- shopkeepers

- small farmers

- The colonies were expensive for England to maintain and paid virtually no tax so they rationalized increased taxes for the colonies

- Colonists, generally used to self-sufficiency, became frustrated by increased taxes from the King leading to civil unrest and tension between the colonies and Great Britain

- Political Strife and the Radicalizing of Colonists:

- [[The Stamp Act]]& [[Sugar Act]](1764) angered colonists

- The [[Tea Act]] (1773) resulted in the [[Boston Tea Party]] which succeeded in goading retaliation from the crown

- This retaliation radicalized Americans and moved them towards [[collective resistance]]

- The Boston Tea Party sparked disputes which resulted in the [[First Continental Congress]] of 1774

- The congress called for a total boycott of British goods and began to consider independence from British rule

- [[The Declaration of Independence]]:

- In 1776 the [[Second Continental Congress ]] formed the declaration, which attempted to articulate a history and a set of principles that might forge national unity

- [[The Revolutionary War]]:

- Because of the immense cost of the war for the British, the colonial forces needed only to withstand until Britain's will and ability to fight waned

- [[The Articles of Confederation and Perpetual Union]]

- The Articles of Confederation were Americas first written constitution

- They established a strictly limited central government with most authority left to the states

- # The Second Founding: From Compromise to Constitution

- Following the war, competition and disagreement among states along with crushing debt resulted in the [[Annapolis Convention]] which called upon Congress to send commissioners to Philadelphia to strengthen the constitution

- [[Shay's Rebellion]] occurred shortly after the convention, in which Daniel Shay, a former army captain, led a group of farmers in a rebellion against the government to prevent judges from processing foreclosures of farmer's debt-ridden lay.

- The chaos caused by the rebellion proved that the [[Articles of Confederation]] were insufficient and needed to be revised resulting in the [[Constitutional Convention]], a grand exercise in rationality and collective action.

- Deciding to start from scratch, the delegates from small states and large states vehemently disagreed on the issue of representation.

- [[The Virginia Plan]] suggested strengthening legislative control by awarding political power to large states. This plan proposed basing legislative representation on a state’s population. Additionally, this idea established a bicameral legislature comprised of an upper and lower chamber

- [[The New Jersey Plan]] argued that each state should have an equal presence in the legislature, resembling the structure established under the Article of Confederation. This legislature would appoint a multi-person executive branch to enforce the laws.

- The outcome was [[The Great Compromise]], which determined that The First Chamber of Congress, The House of Representatives, would be appointed by state population and the Senate would have the same number regardless of size

- The [[Three-Fifths Compromise]] determined that only 3/5ths of slaves would be counted towards population

- # [[The Constitution]]

- The Framers had several goals while framing the constitution:

- They wanted a government strong enough to promote commerce and protect property from radical legislature

- They sought to prevent "excessive democracy" of state and national governments

- To entice the public to accept this new form of government, they sought to identify principles that would secure support

- To ensure the government did not use its power to pose a threat to citizens' liberties and property rights

- ## [[Article I]]: [[The Legislative Branch]]

- Established a [[Congress]] consisting of two Chambers:

- a [[House of Representatives]]

- a [[Senate]]

- Implies that only the powers specifically expressed in its text are granted to the federal government, known as the doctrine of [[Enumerated Powers]]

- Because the framers wanted an active and powerful federal government, they included the [[necessary and proper clause]] which grants Congress the ability to make all laws needed to exercise the powers listed

- ## [[Article II]]: [[The Executive Branch]]

- Established to overcome the stalemates built into both the bicameral legislature and the separation of powers among the branches

- Gives a single executive "competent powers" to "direct the nations business"

- Framers hoed to create a presidency that would give the federal government the energy to take timely and decisive action to deal with public issues and problems

- ## [[Article III]]: [[The Judicial Branch]]

- gives the [[Supreme Court]] the power to resolve any conflicts that may emerge between federal and state laws.

- Jurisdiction over controversies involving citizens of different states

- While it makes no mention of judicial review, scholars generally believe it is implicit

- ## [[Article IV]]: National Unity and Power

- States are prohibited from discriminating against citizens of other states (Article IV)

- Establishes national supremacy via the [[supremacy clause]] (Article VI) which states that all laws made under the Authority of the United States are superior to those of any state

- ## [[Article V]]: Constitutional Amendment

- Ratification

- provides four methods of amendment:

- Congress proposes by 2/3 of each branch and then 3/4 of the State legislatures ratify. (This got us 26 of our 27 Amendments.)

- Congress proposes by 2/3 of each branch and then State Conventions in 3/4 of the States ratify. (This got us the 21st Amendment only.)

- 2/3 of the States apply for a convention to propose an amendment and then 3/4 of the State legislatures ratify.

- 2/3 of the States apply for a convention to propose an amendment and State Conventions in 3/4 of the States ratify.

- Limits on Power

- Incorporated two key principles:

- [[ Separation of powers]]-- division of power among several institutions that must cooperate in decision making

- [[Federalism]]-- system of government with divided power between a central and regional governments

- To maintain separation of powers, framers laid out [[Checks and Balances]]

- Each branch has not only its own powers, but some power over the other two branches

- - The legislative branch (Congress) can check the executive branch by overriding a presidential veto or by removing a president from office via the impeachment process. The Senate also votes on presidential appointments to the Supreme Court.

- The executive branch can veto laws created by Congress. It can also appoint judges to the Supreme Court.

- The judicial branch (the Court) has the final word regarding the constitutionality of legislation and of executive authority. Marbury v. Madison, a noteworthy Supreme Court case, established the principle of judicial review in which the Supreme Court can deem laws unconstitutional.

- The [[Bill of Rights]] was adopted to give each of the three branches clearer and more restricted boundaries

- Only 15 amendments have been added since 1791

- # The Fight For Ratification: Federalists vs. Anti-Federalists

- #Federalists

- supported the constitution and wanted a strong national government

- Sought representatives who were trustees

- Feared tyranny by a popular majority

- Favored construction of a government capable of defending against foreign foes, guarding against domestic strife & insurrection, promote commerce, and expand the economy

- #Anti-Federalists

- opposed the constitution and preferred a decentralized federal government

- sought representatives who were delegates

- Feared tyranny by aristocrats progressively gaining more power

- Favored limiting national government in relation to the states and the people