Chapter 2: Constitutional Underpinnings Flashcards
French and Indian War
Britain wins the war against France and acquire territory in the west, but Britain needs to pay to protect the territory, so they tax colonist, reasoning that the land is for the colonists.
Stamp Act
Official tax on newspapers and legal documents
“No taxation without representation”
Colonists lacked representation in Parliament and resented legislature imposed without consent
wanted representation
Create Continental Congress in 1774
Revolutionary War
With the Declaration of Independence, war for independence begins
Continental Congress builds up to this during meetings in Philadelphia
Declaration of Independence
The document approved by representatives of the American colonies in 1776 that stated their grievances against the British monarch and declared their independence
English philosophy
Intellectual colonial leaders apply English philosophy to framework of the Constitution
(Jefferson, Franklin, James Madison, Morris, Hamilton)
John Locke was the main influence
-natural rights
-consent of governed
-limited government
-social contract theory- Rousseau
Natural rights
Rights inherent in humans
not depends on governments
central to John Locke series
widely excepted by founding fathers and Thomas Jefferson in Declaration of Independence
Consent of governed
Idea that government derives its authority by sanction of the people
Limited government
Idea that certain restrictions should be placed on government to protect natural rights of citizens
Social contract theory
Theory of Rousseau
an agreement entered into by individuals that results in the formation of the state and organized society, the prime motive being the desire for protection, which entails the surrender of some or all personal liberties
John Locke- more
Government must provide standing laws
“the supreme power cannot take from any man any part of his property without his consent” (absent in Declaration of Independence)
Jefferson - American creed
Established egalitarianism and liberty
purpose of government is to secure rights
first “new nation”- people over the government & first government based on these principles
Winning the war
The war was costly and lots of people died in the British were favored and America won
1783
revolution was conservative
did not drastically alter daily life
establish stability & didn’t split society
no social economic or political upheavals
Weaknesses of AC
No power to tax
no power to regulate commerce between states
no power to solve conflicts between states
no power to draft troops
nine of the 13 states had to pass legislation
no chief executive
no national courts
unanimous approval to amend the articles
Borrow money from states
Articles of Confederation
The first constitution of the United States adopted by Congress in 1777 and an acted in 1781 the articles established a national legislature, the Continental Congress, but most authority rests with the state legislature
Congress controlled territories and native relations- northwest ordinance (Great Lakes)
1 vote per state
AC affect on state
Increase in democracy in liberty for white males
new middle class of farmers & craftworkers become the majority the power of the wealthy shrinks
government becomes more responsive to people
Economic turmoil
Economic inequality ships public-policy economic issues are the top of the agenda postwar depression friends farmers with foreclosures
Shays’ rebellion
A series of attacks on court houses by small band of farmers led by Revolutionary war captain Daniel Shays to block foreclosure proceedings
neither Congress or state could use militia to stop shays’ rebellion privately paid troops or use instead
Annapolis meeting
in 1786 Leaders discuss issues to attempt reformation in Annapolis
five states come decide to organize a larger meeting and a broader proposal in Pennsylvania the Constitutional Congress in May 1787
Constitutional Congress
Representatives from 12 states meet in Philadelphia everyone but Rhode Island they are
elites and have economic and political power and education
55 men
constitution
And nations basic law it creates political institutions the signs are divides power in government and provide certain guarantees to citizens they can be written or unwritten
U.S. Constitution
Document written in 1787 and ratified in 1788 that sets forth the institutional structure of the United States government and tasks the institutions
Human nature
Common idea
Leviathan Thomas Hobbes believe men were were self interested needed government but the
delegates oppose monarchy that he was suggesting
Hamilton agreed that men love power
Political conflict
Common idea
Conflicts over property, religion, governing, and leaders lead to fractions
Believed if unchecked fractions would tyrannize the others