Constituting a New Republic Flashcards
What were the major roadblocks when Americans tried to codify their declaration into an actual government?
1.Slavery in the Constitution
2.Federalists and Anti-Federalists
3.Ratification Debates
4.Bill of Rights
5.Film: Empire of Reason
Slavery in the Constitution
~3/5 Compromise: Gave slave states more representatives in Congress.
~Slave Trade: Could not be outlawed for 20 years (until 1808)
~Fugitive Slave Clause: even free states must return runaway slaves to slave owners.
extra:
.for every five enslaved individuals, only three would be counted for purposes of representation in Congress and taxation.
Federalists
Did not trust the people
Focus: Economic Growth
Wanted a strong Army
Strong central gov’t
Hated French Rev.
No direct accountability to voters
Style: high fashion
Anti-Federalists
Did not trust the Gov’t
Focus: Public Interest
Feared a strong army
Independent farmer
Supported French Rev. (anti-monarchist)
Voters keep tabs on reps
Style: street clothes, no wigs, “common citizen”
Ratification Debates
Slides:
~Constitution needed to be ratified by 9 of the 13 states
~1788: VA and NY were still undecided
~The Federalist printed 85 pro-ratification essays
~Written by John Jay, James Madison, and Alexander Hamilton
research:
The U.S. Constitution required ratification by nine of the thirteen states to take effect. By 1788, Virginia and New York were still undecided, which posed significant challenges to the ratification process. In response, “The Federalist” was published, consisting of 85 essays advocating for ratification. These essays were authored by prominent figures such as John Jay, James Madison, and Alexander Hamilton, who aimed to address concerns and provide persuasive arguments in favor of the new Constitution. Their writings played a crucial role in shaping public opinion and ultimately facilitated the Constitution’s acceptance, reinforcing the framework of governance for the newly formed United States.
John Jay
John Jay (1745–1829) was an influential American statesman, diplomat, and jurist. He played a key role in the founding of the United States and is best known for several significant contributions:
Founding Father: Jay was a prominent figure in the early American Revolution, advocating for independence from Britain. He served as a delegate to the Continental Congress and helped draft the Articles of Confederation.
The Federalist Papers: Alongside Alexander Hamilton and James Madison, Jay co-authored “The Federalist,” a series of 85 essays promoting the ratification of the U.S. Constitution. His contributions, particularly in Federalist No. 2, emphasized the importance of a strong central government for national unity.
Diplomatic Achievements: Jay served as the first Chief Justice of the United States from 1789 to 1795. He also negotiated the Jay Treaty with Great Britain in 1794, which aimed to resolve lingering tensions from the Revolutionary War and facilitate trade.
Advocacy for Slavery Abolition: In his later years, Jay became an advocate for the abolition of slavery and worked towards gradual emancipation in New York.
Political Career: He held various positions, including President of the Continental Congress and Governor of New York, playing a vital role in shaping the new nation’s policies and legal framework.
James Madison
James Madison (1751–1836) was a key figure in the founding of the United States and is often referred to as the “Father of the Constitution.” His contributions to the formation of American government and political philosophy were pivotal. Here are some highlights of his life and work:
Role in the Constitutional Convention: Madison played a central role in drafting the U.S. Constitution in 1787. He advocated for a strong central government and proposed the Virginia Plan, which laid the groundwork for the structure of the federal government.
The Federalist Papers: Along with Alexander Hamilton and John Jay, Madison co-authored “The Federalist,” a series of essays promoting the ratification of the Constitution. His writings, especially Federalist No. 10, argued for the importance of a large republic in controlling factions and protecting individual rights.
Bill of Rights: After the Constitution was ratified, Madison became a strong proponent of adding a Bill of Rights to protect individual liberties. He introduced the first ten amendments, which were ratified in 1791.
Political Career: Madison served in various important roles, including a member of the House of Representatives, Secretary of State under Thomas Jefferson, and the fourth President of the United States from 1809 to 1817. During his presidency, he led the nation through the War of 1812.
Legacy: Madison’s thoughts on government, including the balance of powers and the importance of checks and balances, have had a lasting impact on American political theory. He is remembered not only for his leadership but also for his intellectual contributions to democracy.
Madison’s insights and actions were crucial in shaping the framework of American governance, making him one of the most significant Founding Fathers in U.S. history.
Alexander Hamilton
Alexander Hamilton is most known for two key contributions:
Founding the Financial System: As the first Secretary of the Treasury, Hamilton established the framework for the U.S. financial system. He created a national bank, implemented a system for federal taxation, and advocated for the federal assumption of state debts. These measures helped stabilize the economy, establish credit, and lay the groundwork for modern American finance.
Authorship of The Federalist Papers: Hamilton was a co-author of “The Federalist,” a series of essays written alongside James Madison and John Jay. These essays argued for the ratification of the U.S. Constitution and explained the principles of government, including the importance of a strong central authority. His writings, particularly Federalist No. 10, have had a lasting influence on American political thought and constitutional interpretation.
Bill of Rights
-States suggested over 200 amendments.
~Madison chose 12; 10 were ratified
~These became the first 10 Amendments to the Constitution.
~Bill of Rights guaranteed: freedom of speech, freedom of religion, due process, no cruel and unusual punishments
First Amendment: Protects the freedoms of religion, speech, press, assembly, and petition. It prohibits Congress from making laws that infringe on these rights.
Second Amendment: Recognizes the right of individuals to keep and bear arms, tied to the necessity of a well-regulated militia.
Third Amendment: Prohibits the quartering of soldiers in private homes without the owner’s consent during peacetime.
Fourth Amendment: Protects against unreasonable searches and seizures, requiring warrants to be judicially sanctioned and supported by probable cause.
Fifth Amendment: Ensures the right to due process, protects against self-incrimination and double jeopardy, and includes provisions for eminent domain.
Sixth Amendment: Guarantees the right to a fair and speedy trial, an impartial jury, and the rights to be informed of charges, to confront witnesses, and to have legal counsel.
Seventh Amendment: Preserves the right to a jury trial in civil cases involving disputes over significant amounts of money.
Eighth Amendment: Prohibits excessive bail and fines, as well as cruel and unusual punishment.
Ninth Amendment: Clarifies that the enumeration of specific rights in the Constitution does not deny or disparage other rights retained by the people.
Tenth Amendment: Affirms that powers not delegated to the federal government nor prohibited to the states are reserved to the states or the people.
Declaration of Independence
The Declaration of Independence, adopted on July 4, 1776, is a historic document that proclaimed the thirteen American colonies’ separation from British rule. Drafted primarily by Thomas Jefferson, it outlines the philosophical justifications for independence and the colonies’ grievances against King George III.
Preamble: Introduces the purpose of the document and asserts the philosophical foundation of government based on natural rights.
Natural Rights: Emphasizes the belief that all individuals have inalienable rights, including “Life, Liberty, and the pursuit of Happiness.”
Government’s Purpose: States that governments are established to secure these rights, deriving their powers from the consent of the governed.
Right to Revolt: Asserts the people’s right to alter or abolish a government that becomes destructive to their rights.
Grievances Against the King: Lists specific complaints against King George III, including unfair taxation, the denial of trial by jury, and the maintenance of standing armies in peacetime.
Assertion of Independence: Concludes with a formal declaration that the colonies are free and independent states, no longer under British rule.
Significance of Unity: Reflects the unity of the colonies in their quest for independence and self-governance.
Constitution
The U.S. Constitution is the supreme law of the United States, established to provide a framework for governance and protect individual rights. Drafted during the Constitutional Convention in Philadelphia in 1787, it was ratified by the states in 1788 and officially took effect on March 4, 1789.
The Constitution consists of a preamble and seven articles. The preamble outlines the document’s purpose, emphasizing principles such as justice, liberty, and the promotion of the general welfare. The articles detail the structure and powers of the federal government:
Article I: Establishes the Legislative Branch, consisting of a bicameral Congress (House of Representatives and Senate), responsible for making laws.
Article II: Creates the Executive Branch, headed by the President, who is responsible for enforcing laws and conducting foreign policy.
Article III: Establishes the Judicial Branch, which interprets laws and administers justice, including the Supreme Court.
Article IV: Addresses the relationships between states and the federal government, including states’ rights and obligations.
Article V: Outlines the process for amending the Constitution, allowing for changes as society evolves.
Article VI: Establishes the Constitution as the supreme law of the land, requiring an oath of office for all government officials and prohibiting religious tests for officeholders.
Article VII: Details the process for ratification of the Constitution.
The Constitution has been amended 27 times, with the first ten amendments known as the Bill of Rights, which protect individual liberties such as freedom of speech, religion, and the right to a fair trial. The Constitution’s enduring framework has made it a vital document for American democracy, influencing legal systems and governance worldwide.
Declaration of Independence vs . Constitution
-The Declaration was intended as an idealistic document, and the Constitution was intended as a pragmatic document
research:
The Declaration of Independence and the U.S. Constitution are two foundational documents in American history, each serving distinct purposes. The Declaration, adopted on July 4, 1776, proclaims the colonies’ separation from British rule and justifies this decision by outlining grievances against King George III. It emphasizes natural rights, including “Life, Liberty, and the pursuit of Happiness,” and asserts the right of the people to alter or abolish a government that violates their rights. Its tone is assertive and declarative, serving as a statement of intent that symbolizes democratic principles and inspires movements for freedom globally.
In contrast, the U.S. Constitution, drafted in 1787 and ratified in 1788, establishes the framework for the governance of the United States. It defines the structure, powers, and limits of government, outlining the three branches (executive, legislative, judicial) and including mechanisms for checks and balances. The Constitution contains the Bill of Rights, which protects individual liberties, and its tone is legal and procedural, serving as a governing document. While the Declaration of Independence articulates the principles and grievances justifying the colonies’ break from Britain, the Constitution serves as the supreme law of the land, creating a structured legal framework for American democracy. Together, these documents form the cornerstone of the United States’ legal and political system.
