period of political change that took place between 1765 and 1783
what was the revolt?
no taxation without representation
the king said no, you’ll never be british people and you still get taxed
there was an enlightenment
many people took up an arms revolt
declaring independence
democracy
a system of government
how did British east India company play a role in the American revolution?
a private corporation whose business was colonialism
mostly in India
involved in trade of all sorts of things i.e slaves, tobacco
had enormous power
intertwined with the government
involved with the shipping of tea
enforced monopolies
required that tea were bought by this company and no one else
stamp act
the government protecting a private company who was also putting money in the government
private companiesss
what were the main weaknesses of the articles of confederation?
the u.s was not a country yet
it was 13 states forming an alliance
states could / federal goc couldnt
tax
enforce federal laws
regulate trade between the states
all states have one vote in the continental congress
all 13 states
no power to tax
no national executive unicameral legislature
no judicial / national court
no checks and balances!
shays rebellion
started in 1786
hard taxes to pay off the states war debt made massachusettes farmers rebel
led my daniel shays
created panic
this made many people feel that a strong government was needed to control such violent acts
the rebellion exposed the definite need for a constitutional convention
…
natural rights
rights that are defined in the declaration of independence as “life, liberty, and the pursuit of happiness” the founders believed that upholding these rights should be the governments central purpose
popular sovereignty
the idea that government gains its legitimacy through regular elections in which the people living under that government participate to elect their leaders
what is a constitution
a constitution lays out the fundamental principles of a government, as well as the structures and procedures by which the government operated to fulfill those principles
separation of powers\
established three co-equal branches of the national government
“horizontal“
federalism
power is divided between the national and state government
“vertical“
what was the great compromise?
it ultimately something that would get us through the next 4 years
future generations would fix it
debate began with the new jersey plan (favored one state, one vote) vs virginia plan (favored representation based on population)
the compromised established 2 chambers
an upper chamber with equal representation (senate)
a lower chamber represented by population (house)
it diluted some power of larger states and checked the democratic power of the masses
what was the 3/5 compromise trying to resolve? how did it attempt to do so?
the states decision during the constitutional convention to count each enslaved person as 3/5 of a person in a states population for the purposes of determining the number of house members and the distribution of taxation
federalism
the division of power across the local, state, and national government
the us power
the bill of rights- the first 10 amendments
freedom of speech, press, religion, assembly, petition
right to bear arms
quartering of soldiers
arrests and searches
rights of persons accused of crimes
the only way they would allow the…
living constitution vs originalism
originalism- sometimes referred to as strict construction
judges would
living constitution- activism
judges should discover the general principles underlying the constitution and its sometimes vague language, amplify those principles on the basis of some consisten mral or economic policy and apply them to cases
judges should interpret constitution to reflect current conditions and values
a living constitution?
1787 language- arcane and vague
historical context
yayyy constitution…?
emphasis on states’ power over national unity
enabled slavery to continue
undemocratic structures
senate