lecture 4 - early american history

Introduction to the Constitution

  • Overview of Chapter Two focusing on the Constitution and its evolution over time.

  • Importance of understanding the historical context of the Constitution in relation to modern American government.

  • Emphasis on why the Constitution is considered a critical foundation of American government.

Historical Context Leading to the Constitution

Founding Influences

  • Discussion on the pre-revolutionary influences on the founding fathers.

  • Recognition that the American colonies had a diverse demographic, which included British settlers, enslaved Africans, and indigenous peoples, but the drafting of the Constitution largely excluded non-European male participants.

Key Influential Documents
  1. Magna Carta

    • Signed by King John of England in December 1215, it is noted for establishing the idea that an English monarch's power is not absolute.

    • Set a precedent for limiting monarchic power and laid groundwork for future constitutional frameworks.

  2. English Bill of Rights

    • Developed in the 1600s, distinct from the American Bill of Rights as it remains unwritten but outlines expectations of protections for English subjects.

    • Influenced the notion among Americans that a Bill of Rights was necessary for their governance.

  3. John Locke's Philosophy

    • Introduced the concept of inalienable rights: life, liberty, and property.

    • Proposed the social contract theory: the idea that citizens give up certain freedoms for societal protection and can form a new government if the existing one fails to uphold their rights.

    • Influential framework for American values concerning governance and rights.

  4. Mayflower Compact

    • A social contract drafted by the Pilgrims, emphasizing the need for self-governance upon reaching the New World, which happened in 1620.

    • Established governance with adherence to laws agreed upon by the settlers, setting an early model for American democracy.

Events Leading to the Revolutionary War

Seven Years' War

  • Described as the pivotal event that exacerbated tensions between Britain and its American colonies.

  • Also referred to as the French and Indian War.

  • Resulted in substantial British debt, leading to increased taxation of the colonies as a means to recuperate costs.

Taxation Without Representation
  • Americans did not appreciate the taxation imposed without local representation, encapsulated in the slogan "No taxation without representation."

  • Examples include:

    • Stamp Act: Required merchants to pay taxes on various printed materials.

    • Protests and boycotts were common reactions to such taxation policies.

Escalating Protests

  • The Boston Massacre and Boston Tea Party exemplify increased tensions and organized colonial protests against British policies.

  • The Boston Tea Party effectively destroyed a shipment of taxed tea to signal dissent against unequal taxation practices.

The Road to Independence

First Continental Congress

  • Formed as a response to escalating tensions; 12 of the 13 colonies sent delegates.

  • It was a significant step towards unity among the colonies.

Second Continental Congress

  • Met in 1775 amidst the Revolutionary War; drafted the Declaration of Independence.

  • Document articulated grievances against the British crown and reinforced Locke’s ideas on the social contract.

Declaration of Independence

  • Enumerates the rights of life, liberty, and the pursuit of happiness; explicitly states that the crown violated the social contract.

  • Lists grievances against King George III, emphasizing abuses leading to the call for independence.

Articles of Confederation

Overview

  • The first governing document for the newly independent states adopted during the Revolutionary War; ratified in 1781.

  • Established a confederate system with a weak national government reliant on voluntary contributions from states.

Key Characteristics

  1. Unicameral Legislature:

    • Only Congress existed; no executive or judicial branches.

  2. Lack of Taxation Power:

    • Unable to levy taxes, resulting in perpetual financial weakness.

  3. Currency Issue:

    • States created different currencies, complicating commerce and trade.

Shays' Rebellion
  • A significant uprising led by Daniel Shays, a farmer who fought in the Revolutionary War, demonstrating the weaknesses of the Articles of Confederation in maintaining order and stability.

  • The rebellion highlighted the inability of the federal government to respond decisively to domestic unrest.

  • Ultimately contributed to the decision to create a new constitution.

Constitutional Convention

Necessity of Revision

  • Recognized the Articles of Confederation could not be fixed; needed a completely new governing document.

Compromises Reached

  1. Great Compromise (Connecticut Compromise):

    • Proposed a bicameral legislature:

      • House of Representatives: Representation based on population.

      • Senate: Equal representation, with each state allowed two senators.

  2. Separation of Powers & Checks and Balances:

    • Divided government powers among branches (executive, legislative, judicial) to prevent tyranny and abuse of power.

  3. Three-Fifths Compromise:

    • Addressed how enslaved individuals would be counted for representation and taxation purposes; every five enslaved individuals counted as three for representation.

Ratification & the Bill of Rights

  • The new Constitution, finalized in 1789, faced opposition due to the lack of a Bill of Rights.

  • Federalists (supporters) vs. Anti-federalists (opponents) debated the merits in newspapers, culminating in the Federalist Papers advocating for ratification.

  • The promise of a Bill of Rights secured enough support for ratification.

  • The Bill of Rights, comprising the first ten amendments, was adopted shortly after ratification in 1789 to guarantee individual liberties.

Conclusion

Significance of the Constitution

  • Ratified in 1789, it forms the basis of American law, delineates the structure and function of government, and has remained the oldest continuing governing document globally.

  • Response to both the tyrannical British governance and the ineffective Articles of Confederation, the Constitution reflects a balanced approach to governance by creating a middle ground.

  • Illustrates an ongoing evolution through formal and informal amendments that reflect changing societal contexts and values.