unit 2 summary gov

The Pre-Revolutionary Period and the Roots of the American Political Tradition

  • For many years, British colonists in North America generally accepted rule by the king and Parliament, identifying as Englishmen.

  • Their pride stemmed from a belief in their inheritance of limited government and royal acknowledgement of subjects' rights.

  • This pride shifted to dismay as colonists perceived their English liberties being abused by the British government.

  • Colonists began to view life, liberty, and property not as gifts from the monarch, but as inherent natural rights that no government could legitimately remove.

  • A series of specific incidents convinced many colonists that the social contract between the British government and its citizens had been fundamentally broken:

    • The Proclamation of 1763.

    • The trial of smugglers in courts without juries, depriving them of a fundamental right.

    • The imposition of taxes without the consent of the colonists, a direct violation of representation.

    • Attempts to interfere with the self-government structures already established in the colonies.

  • In 17761776, the Second Continental Congress officially declared American independence from Great Britain.

The Articles of Confederation

  • The framers of the Articles of Confederation intentionally sought to limit the powers of the national government, driven by a fear of creating a system that could abuse its citizens, similar to the monarchy they had just rebelled against.

  • Under the Articles, states largely maintained the right to govern their own residents.

  • The national government's powers were severely restricted, primarily including only the ability to declare war, coin money, and conduct foreign affairs.

  • Key weaknesses of the national government under the Articles:

    • Inability to impose taxes, making it difficult to fund common defense or government operations.

    • Inability to regulate commerce among the states, leading to economic disputes and inefficiencies.

    • Inability to raise a uniform national army, hindering its capacity to defend the nation or enforce its will.

  • These limitations severely hindered the national government's ability to defend the new nation and pay its accumulating debts.

  • A new solution for national governance was recognized as imperative.

The Development of the Constitution

  • Recognizing the critical flaws within the Articles of Confederation and the difficulty in amending them as originally intended, delegates from the states convened in Philadelphia.

  • The Constitutional Convention took place from May through September 17871787.

  • The United States that emerged from this convention in September was no longer a confederation (a loose alliance of sovereign states) but a republic with a significantly strengthened national government.

  • Key structural changes implemented by the Constitution:

    • Bicameral Legislature: Congress was transformed into a two-house legislature (House of Representatives and Senate) and granted additional powers beyond those in the Articles.

    • National Judicial System: A system of national courts was established, creating a unified legal framework.

    • Federal System: Most importantly, a federal system was established, distributing power between the national government and state governments, granting the national government the necessary authority to govern the new country effectively.

  • To address the concerns of those who feared an overly strong central government, the framers incorporated principles of:

    • Separation of Powers: Dividing government authority among legislative, executive, and judicial branches.

    • Checks and Balances: A system where each branch has a degree of oversight and control over the others, preventing any single branch from becoming too powerful.

  • Despite these measures, concerns persisted among some that the federal government, even with checks, remained too powerful.

The Ratification of the Constitution

  • Anti-Federalists voiced strong objections to the proposed Constitution, primarily due to:

    • The significant power it granted to the federal government, which they believed could lead to tyranny.

    • The absence of a specific bill of rights to explicitly protect individual liberties from government overreach.

  • Federalists argued in favor of ratification, asserting that:

    • A strong national government was absolutely necessary to effectively lead and unify the new nation.

    • They promised to add a bill of rights to the Constitution after ratification to address the concerns about individual liberties.

  • The Federalist Papers, a series of essays, played a crucial role in advocating for ratification and assuaging public fears that the new government would not become tyrannical.

  • In June 17881788, New Hampshire became the ninth state to approve the Constitution, officially making it the "law of the land."

  • Shortly thereafter, the influential and prosperous states of Virginia and New York also ratified the document, followed by the remaining states.

Constitutional Change

  • A significant problem with the Articles of Confederation was the extreme difficulty of amending it, making adaptation to new challenges nearly impossible.

  • To prevent this difficulty from recurring, the framers of the Constitution created a defined method for its amendment, ensuring flexibility while maintaining stability.

  • The amendment process requires a dual majority:

    • A two-thirds (23\frac{2}{3}) majority vote in both houses of Congress (House of Representatives and Senate).

    • Subsequent approval by three-quarters (34\frac{3}{4}) of the state legislatures.

  • The inclusion of this clear amendment process helped ensure the Constitution's eventual ratification.

  • To allay public anxieties about the powerful federal government and its potential to infringe on rights, the framers promised that a Bill of Rights, explicitly safeguarding individual liberties, would be added once the Constitution was ratified.

  • These first ten amendments, collectively known as the Bill of Rights, were formally added to the document in 17911791.

  • Numerous other amendments have followed over the years, addressing evolving societal needs and values. Among the most important are those that:

    • Ended slavery.

    • Granted citizenship to African Americans.

    • Extended the right to vote to Americans regardless of their race, color, or sex.