Origins of American Government & the Constitution – Quick Study Notes

Origins of American Government

  • English political ideas developed over centuries; key concept: rule of law. Foundational documents include the Magna Carta, Petition of Right, and the English Bill of Rights.

The Thirteen Colonies and Colonial Charters

  • Colonies established over 125125 years; Virginia founded in 16071607, Georgia last in 17331733.
  • Similarities among colonies outweighed differences; charters granted governing authority while preserving some power for the king.

Colonial Governance: Colony Types

  • Royal colonies: directly controlled by the king.
  • Proprietary colonies: run by a proprietor chosen by the king.
  • Charter colonies: run mainly by elected legislatures; most independent.

British Colonial Policies and Self-Rule

  • Distance from Parliament limited enforcement of trade laws; colonies developed broad self-rule.
  • Britain provided defense, foreign affairs, currency, and market systems; taxation was initially low and interference minimal.

Post-War Debt and Taxation Pressures

  • After the French and Indian War, Britain ran a debt and taxed the colonies to recoup costs.
  • Under King George III (17601760), Parliament expanded laws to control colonial trade; new taxes funded troops in North America; colonists viewed taxes as unfair, prompting organization and resistance.

Early Efforts at Colonial Unity

  • Albany Plan of Union (17541754) proposed a colonial congress but was rejected.
  • Stamp Act (17651765) led to the Stamp Act Congress in New York and a Declaration of Rights and Grievances; repeal followed under pressure.

Stamp Act and Colonial Protests

  • The Stamp Act taxed nearly all everyday documents and goods; widespread protest and boycott emerged; tar and feathering of tax agents occurred (Sons of Liberty).

Writs of Assistance and the 4th Amendment Basis

  • Writs of Assistance allowed searches without cause; this practice inspired later protections against illegal searches and seizures in the 4th Amendment.

The Continental Congresses and Moving Toward Independence

  • First Continental Congress (17741774) met in Philadelphia to oppose Intolerable Acts; drafted a Declaration of Rights and urged boycotts.
  • Second Continental Congress (17751775) met in Philadelphia; formed Continental Army; George Washington named commander-in-chief.
  • Independence declared by delegates on Julyext2,1776July ext{ }2, 1776; Declaration adopted on Julyext4,1776July ext{ }4, 1776.

Key Early Conflicts and Symbols of Resistance

  • Boston Massacre and Paul Revere imagery helped unify colonial sentiment; early casualties included Crispus Attucks.
  • Boston Tea Party (1773) as protest against Tea Act; Intolerable Acts followed.

The Articles of Confederation: First National Framework

  • Established as a loose union; each state retained sovereignty with a single vote in Congress; no national executive or judiciary; 9 of 13 states needed to pass laws; unanimity needed to amend.
  • Northwest Ordinance outlined how new territories could become states (population threshold 60,00060{,}000 inhabitants).
  • Strengths: created a framework for admitting new states; weaknesses: lacked power to tax, regulate commerce, or enforce laws.

Problems with the Articles and Calls for Change

  • Inability to raise revenue or regulate commerce; no national courts or executive; difficulty in passing laws due to majorities required.
  • Shay's Rebellion (mid-1780s) highlighted central government weaknesses and spurred calls for a stronger framework.

Constitutional Convention (1787)

  • Purpose: to revise the Articles; 55 delegates attended from diverse backgrounds; James Madison called the convention; Washington presided and was unanimously chosen as president of the convention.
  • Secret meetings led to drafting a new framework for a stronger national government.

Framers and Representation Debates

  • Notable Framer: James Madison, often called the "Father of the Constitution"; other key figures: Alexander Hamilton, George Washington, Benjamin Franklin.
  • How should states be represented in Congress? three main plans:
    • Virginia Plan: three branches (executive, judicial, legislative) with bicameral legislature proportional to state population.
    • New Jersey Plan: unicameral legislature with equal representation for each state; federal powers to tax and regulate commerce.
    • Connecticut Plan (Great Compromise): bicameral Congress with Senate (equal representation) and House (population-based).

The Great Compromise and the Structure of Congress

  • Senate: two Senators per state (equal representation).
  • House of Representatives: representation based on population; census every ten years; members serve 2-year terms.
  • Congress = Legislative Branch; purpose is to make laws.

The Three-Fifths Compromise and Slavery Debates

  • Representation debated over whether slaves count for representation.
  • Compromise: rac35rac{3}{5} of the slave population would be counted for purposes of representation and taxation.

The Constitution: Framework of the New Government

  • The Constitution created three branches: Legislative, Executive, Judicial.
  • Preamble: "We the People of the United States, in order to form a more perfect Union… establish justice, ensure domestic Tranquility, provide for the common defense, and secure the Blessings of Liberty."
  • The government organizes a system of checks and balances and federalism.

The Judicial, Executive, and Legislative Branches

  • Judicial: The Supreme Court, 9 justices with lifetime terms; appointed by the President and confirmed by the Senate; can declare laws unconstitutional.
  • Executive: President as Commander-in-Chief; can veto laws (overridden by Congress with a sufficient majority); enforces laws; President can be impeached.
  • Legislative: Congress (Senate and House) makes laws; described in the Constitution and located in the Capitol.

Ratification Debates and the Bill of Rights

  • Ratification required the approval of 9/139/13 states; New Hampshire’s ratification achieved this milestone.
  • Federalists (leaders: Alexander Hamilton, James Madison) supported a strong national government; Anti-Federalists (leaders: Patrick Henry, James Monroe, George Mason, etc.) feared centralized power and demanded a Bill of Rights.
  • Bill of Rights: the first ten amendments protect individual rights and limit federal power; initially debated but ultimately added to secure ratification.

The Federalist Papers and Public Debate

  • Federalist Papers (85 essays, 1787–1788) by Hamilton, Madison, and Jay (as Publius) argued in favor of the Constitution and explained the new framework of government.

The First Government Under the Constitution

  • Inauguration of George Washington as the first President in 1789; New York City served as the temporary capital; John Adams was the first Vice President.

First State and the Road to Ratification

  • Delaware earned the title of the first state to ratify the Constitution (the First State).

The Northwest Territory and State Admissions

  • The Northwest Ordinance provided a process for admitting new states to the Union, beginning with governance and a path to statehood (population threshold of 60,00060{,}000) and federal approval.

Quick Recap: Core Concepts to Remember

  • Key documents: Magna Carta, Petition of Right, English Bill of Rights; these influenced American foundational ideas.
  • Articles of Confederation weaknesses led to a new framework: a stronger federal government under the Constitution.
  • Three-branch structure with checks and balances, federalism, and a defined amendment process.
  • Representation debates led to the Great Compromise and the Three-Fifths Compromise.
  • Bill of Rights secured individual liberties and limited federal power.
  • The Constitution’s ratification involved Federalists vs Anti-Federalists and culminated with the establishment of Washington as the first President and New York as the early capital.