CONSTITUTION - Origins and Development of the US Constitution Flashcards
ORIGIN
What is the brief summary of the Europeans arriving in America?
Europeans arrived in America in the 1600s.
The English settlers found their first permanent settlement in Jamestown, Virginia in 1607.
Most of the early settlers wanted a better quality of life.
The Puritans had religious motives… they wanted to avoid persecution at the hands of King Charles I.
It wasn’t just the English that arrived in the 1600s… the Spanish colonised Florida, the French colonised Canada, the Dutch colonised the East Coast, and the Russians colonised Alaska.
Why were the 13 colonies frustrated with British rule?
Name a few of the Acts
What does no taxation without representation mean?
The British settlers formed 13 colonies in America between 1603 and 1733. They started with Virginia and ended with Georgia. The British Government believed that the colonies existed purely to benefit the mother country.
In 1774, they had the first Continental Congress – why? Because all of the colonies were growing resentful at King George III and the British rule.
The Sugar Act 1764, Currency Act 1764, Quartering Act 1765 (Required them to house and feed British soldiers) and the Stamp Act 1765 are examples of why the colonies became increasingly frustrated.
‘No taxation without representation’ – don’t tax us when you will not allow us to be represented in Parliament or have any say so in how the money is spent.
Why were the 13 colonies frustrated with British rule?
Describe the Tea Act 1773 and its repercussions
The Tea Act 1773 was the last straw – it removed tax on tea entering Britain but left a similar tax on tea entering the colonies.
Boston Tea Party – Sons of Liberty, disguised as Native Americans destroyed shipments of tea and boarded the shipments of tea.
When did the Declaration of Independence happen? What did it declare?
Declaration of Independence July 4th, 1776 – declaration announcement stating they were independent sovereign states.
‘We hold these truths to be self-evident that all men are created equal… and when I meet Thomas Jefferson…’
What happened in the American Revolutionary War? When did this War happen?
American Revolutionary War 1775-1783… colonies defeated the most powerful army in the world…
This was the U.S War of Independence from Britain.
What were the Articles of Confederation and when were they passed?
The Articles of Confederation were passed in 1781 and they were the first constitution… they officially recognised the Continental Congress. The 13 colonies ratified the Articles of Confederation which created a Confederacy.
This behaved as the first US Constitution… it gave them power to lead the war… conduct diplomacy and manage territorial issues. This was an experiment of federalism - they were fearful of a tyrannical government.
After years of frustration towards the British, the colonies were reluctant in giving too much power to the national government… they wanted to form a confederacy, which would delegate only a little bit of power to the Continental Congress… by doing this, the congress was left weak.
Thomas Jefferson also established some rights that all citizens should enjoy… ‘life, liberty, and the pursuit of happiness’ These are referred to as natural rights because they should be granted by virtue of being a human being.
ISSUES WITH THE ARTICLES OF CONFEDERATION
Congress and trade
Congress did not have the power to regulate the trade between the states or even with other countries. Each state often had their own trade policies which usually conflicted with each other.
ISSUES WITH THE ARTICLES OF CONFEDERATION
Congress and collection of taxes/hyperinflation
Each state could print their own money… often rejected money printed in other states.
Congress did not have the power to collect taxes… the states did not raise enough money… the national government did not have the funds needed for the war effort.
Congress created hyperinflation because they printed more money to fund themselves.
ISSUES WITH THE ARTICLES OF CONFEDERATION
Lack of leadership
There was a lack of leadership as there was no Executive… or Judicial branch on a national level, established by the Articles of Confederation.
ISSUES WITH THE ARTICLES OF CONFEDERATION
Disproportionate democracy
Legislative issues – each state had one vote at the Continental Congress. Virginia had a population of 500,000, whilst Delaware, Rhode Island, New Hampshire, Georgia, and New Jersey had a population of less than 400,000 combined. It was not proportionate.
ISSUES WITH THE ARTICLES OF CONFEDERATION
Constitutional amendments
Difficult to make decisions – the Continental Congress found it hard to pass laws because they needed 9 states/votes to do so. 13 were needed for any constitutional amendments.
What is Shay’s Rebellion and when did it happen?
This happened in January 1787, in Massachusetts.
War Vets who opposed the high taxes imposed by the state to pay off war debts captured weapons held at an armoury.
How did Shay’s Rebellion help lead to a new US Constitution?
This galvanised people into questioning the legitimacy of the Articles of Confederation.
Perhaps a stronger federal government was needed to maintain order.
What happened at the Philadelphia Convention in 1787?
In 1787, 55 delegates met up in Philadelphia with the intent of producing a new constitution.
This is essentially a product of the Shay’s Rebellion.
These Founding Fathers would write the codified constitution that the USA uses today. There have been important amendments to this.
It was a codified constitution… it is entrenched.
PHILADELPHIA CONVENTION 1787
Article one
Article one: establishes the legislative branch and discusses the Congress’ powers
PHILADELPHIA CONVENTION 1787
Article two
Article two: establishes the executive branch, and discusses presidential powers
PHILADELPHIA CONVENTION 1787
Article three
Article three: establishes the judicial branch and explains the judicial powers.
PHILADELPHIA CONVENTION 1787
Article four
Article four: outlines the relationship between the states and the federal government
What is the difference between the Federalists and the Anti-Federalists?
Federalists wanted a stronger federal government. Hamilton, Madison, and James wrote a series of 85 essays arguing for stronger national government.
The Anti-Federalists recognised the frustration over British rule and the anger it caused and so wanted stronger state governments, not federal government. Often supported by farmers or working people who didn’t want a stronger government because they felt they would protect the wrong things.
What is the New Jersey Plan?
The New Jersey Plan: smaller states with smaller populations supported this… they wanted to keep the Articles of Confederacy but strengthen the Congress.
This affected southern states, where they were not prepared to accept a constitution that restricted slavery.
What is the Virginia Plan?
The Virginia Plan: larger states with larger populations supported this… they wanted representation based on the size of the state and its population.
This was drafted by James Madison, and was radical - it supported states with larger populations, which mainly affected the northern states. Most of these states already abolished slavery and wanted all slaves to be counted for tax purposes.
What new branches of government were established by the new Constitution?
- House of Representatives: state representation… larger states have more representatives. There are 435 seats.
- Senate: states equally represented. 2 representatives per state… 100 seats
What is the Connecticut Compromise, and how did this address the concerns of large and small states?
The Connecticut Compromise – the proposition that the Congress would be a Bicameral Legislature…
- House of Representatives: state representation… larger states have more representatives. There are 435 seats.
- Senate: states equally represented. 2 representatives per state… 100 seats.
Who exactly were the Founding Fathers?
They were political leaders who led the
American Revolution and founded the New Nation following the success of Independence - they signed the Declaration of Independence, the Articles of Confederation, and the Constitution.
Of the founding fathers, half were college-educated which was rare, all were somewhat wealthy, 40% served in the army. They ALL wanted a stronger national government - Hamilton wanted a VERY strong government and advocated for life-terms.
What is the 3/5s Compromise?
This is part of the Connecticut Compromise, and meant that slaves were counted as 3/5 of a person for the purpose of taxation… a clause was included that protected the slave trade until 1808.
This issue arose because slave-holding states believed that slaves shouldn’t get the vote… states with fewer slaves believed slaves shouldn’t get the vote because they shouldn’t be counted as people.
What fundamental moment happened in 1789?
GEORGE WASHINGTON WAS ELECTED as the first president of the USA.
John Adams was his vice president.
The states that had ratified the constitution were the only ones eligible to vote.
No parties involved, only federalists or anti-federalists.
Are the three institutions (Exec, Judic, Legis) separate?
NO - Because of the distrust caused by Great Britain and their rulers, the framers of the Constitution made leadership difficult to prevent unchecked political power.
E.g., for Obamacare, to become part of the law, all three government branches had to agree.
