ch 2 CONSTITUTION(1)

Page 1: Introduction

  • Title: The PLSC 20003 Constitution Ch. 2 And Its Origins

Page 2: Table of Contents

  • Roots of the new government

  • Revolution

  • Articles of Confederation

  • Development of the Constitution

Page 3: Historical Context of Democracy

  • Democracy is not a new idea

    • Protections for life, liberty, and property; due process.

    • Existence of British Parliament at the time of the colonies.

    • Pilgrims' governance agreement.

  • Colonial Governance

    • Each colony had its own governing bodies.

  • Important Documents

    • Magna Carta (1215): Established the principle of no taxation without representation.

    • English Bill of Rights (1689): Limited the powers of the monarchy.

    • Mayflower Compact (1620): Early form of social contract.

    • Colonial Legislatures: Evolution of self-governance.

Page 4: Prelude to Revolution

  • Factors leading to revolution:

    • Proclamation of 1763: Limited westward expansion.

    • Stamp Act/Townsend Act: Taxation without representation.

    • Boston Massacre: Escalation of tensions.

    • Boston Tea Party: Protest against British taxation.

    • Coercive Acts: Retaliatory measures by Britain.

Page 5: Continental Congresses

  • October 1774: First Continental Congress; declaration of grievances against Britain.

  • May 1775: Second Continental Congress; declaration of causes for independence.

  • July 1776: Adoption of the Declaration of Independence; formal statement of separation.

Page 6: Articles of Confederation

  • Concept: The people hold the power and elect representatives; established a republic.

  • Congress (1777): Formed as the governing body.

  • States (1781): Maryland ultimately ratified.

  • Structure: Independent self-governing states in a weak confederation.

Page 7: Structure of Government

  • Central Government:

    • No executive (president) or judiciary.

    • Limited powers: can declare war, send ambassadors, make treaties, coin currency, and settle disputes.

  • State Governments:

    • Each state had its own government with legislatures.

    • States appointed representatives to Congress; militia support.

    • Each state had one vote.

Page 8: Limitations of Central Government

  • Inability to:

    • Raise funds (tax).

    • Pay debts or get loans.

    • Protect ships from pirates.

    • Impose tariffs or regulate interstate commerce.

    • Maintain a military, highlighted by Shays' Rebellion.

  • State Governments:

    • Coined their own money; competing rather than cooperating.

Page 9: Shays' Rebellion

  • Causes:

    • Unfair taxation, disenfranchisement, unjust imprisonment.

  • Impact: Highlighted the weaknesses of the federal government.

Page 10: Formation of the Constitution

  • The need for a stronger federal government became evident.

Page 11: Cultural Differences

  • Regional Differences:

    • Northerners: More families, religious structure, Mayflower Compact settlers.

    • Southerners: Explorers motivated to make their fortune, often more individualistic.

Page 12: Points of Contention

  • Slavery vs. Abolition: Economic and moral divides raised significant debate.

Page 13: Plans for Government

  • Virginia Plan:

    • Two-house legislature based on population.

    • Representatives elected by state voters, with the second house being chosen by the first.

  • New Jersey Plan:

    • Maintained a one-house Congress with equal representation from each state.

Page 14: Law Enforcement vs. Individual Rights

  • Police Powers: Balancing individual liberty with social stability.

Page 15: Compromises in the Constitutional Convention

  • Necessary to balance interests of different states and groups.

Page 16: Slavery Compromises

  • For representation and taxation purposes:

    • Three-Fifths compromise proposed (not implemented).

  • Slave trade:

    • Foreign trade could not be banned before 1808; domestic trade unrestricted.

  • Obligations for states to return fleeing slaves, no refuge.

Page 17: Representation Compromise

  • New Jersey Plan:

    • Senate representation equal for each state; elected by state legislatures.

  • Virginia Plan:

    • House of Representatives based on population, elected by popular vote.

Page 18: Separation of Powers

  • Three branches established:

    • Executive: President as commander-in-chief.

    • Judicial: Supreme Court hears federal cases; final court of appeal.

    • Legislative: Power to legislate and declare war; Congress may impeach the president.

Page 19: Division of Powers

  • Federal Powers (Enumerated):

    • Taxation, currency, military, citizenship, commerce with other nations.

  • State Powers (Reserved):

    • Laws regarding local issues, welfare, education, raising funds, justice.

Page 20: Constitutional Clauses

  • Supremacy Clause: Establishes the Constitution as the supreme law.

  • Necessary and Proper Clause: Grants Congress power to pass necessary laws.

Page 21: Ratification Process

  • 9 out of 13 conventions: Need for state ratification; not by state legislatures.

  • Some additions needed for the Constitution.

Page 22: Federalists vs. Anti-Federalists

  • Federalists:

    • Supporters of the Constitution; typically elite, wealthy, educated.

  • Anti-Federalists:

    • Advocated for strong state powers; feared loss of representation and lack of political balance.

Page 23: Ratification Compromises

  • Federalist Compromise:

    • Inclusion of a Bill of Rights; Federal courts papers circulated.

Page 24: Ratification Timeline

  • Key dates for ratification by the states from December 1787 to May 1790; outline of sequential approvals.

Page 25: The Amendment Process

  • Proposal: Requires 2/3 majority in House and Senate or request by 2/3 of the states for a convention.

  • Ratification: Needs 3/4 of state legislatures or conventions; simple yes/no vote without changes.

Page 26: Amendments Overview

  • Total of 27 amendments proposed:

    • Bill of Rights (10), governmental structure clarifications (6), rights expansions post-Civil War (3), voting rights expansions (2), significant repeals (2).

Page 27: Conclusion

  • Acknowledgment of the audience.

Page 28: Acknowledgments

  • Credits for the presentation template and image sources.