AP Government: Chapter TwoThe Constitution

The Constitution

Nation’s basic law; Creates political institutions, allocates power within government and often provides guarantees to citizens

An unwritten accumulation of traditions and precedents that have established acceptable styles of behavior and policy outcomes

1754-1789 (Put in order)

French and Indian War 1754 Stamp Act Boston Tea Party American Revolution Boston Massacre Articles of Confederation Declaration of Independence Constitutional Convention Ratification of the Constitution

The Creation of a New GovernmentFrench & Indian War, Declaration of Independence and theAmerican Revolution

1. French & Indian War: (7 Years War): to pay for colonial administration and defense--Passed a series of taxes on official documents, newspapers, paper, glass, paint, and tea--Tightened enforcement of its trade regulations, which were designed to benefit the British, not colonists--Reaction: Resentment because of no voice in Parliament; Protested, boycotted taxed goods, and Boston Tea Party--Britain reacted back by applying economic pressure through a naval blockade of harbor--Led to first Continental Congress (Sept.1774)

Declaring Independence

Common Sense (Thomas Paine) fanned the already hot flames of revolution

2. Declaration of Independence, July 4, 1776, announced and justified a revolution and listed the ways the king had abused the colonies (Parliament)

John Locke’s Contribution….

John Locke was read by colonists--Natural rights are rights inherent in human beings, not dependent on governments--Before governments arise, people exist in a state of nature in which there are no formal laws or governments--This natural law brings natural rights; including life, liberty and property--Natural law can even justify a challenge to the rule of a tyrannical king, because it is superior to human law--Must be built on the consent of the governed, limited government (clear restrictions on what rulers can do)

3. American Revolution (1775-1783)

A conservative movement that did not drastically alter the colonists’ way of life?

Goal was to restore the rights the colonists felt were already theirs as British subjects

Did not feel need for great social, economic, or political upheavals

Articles of Confederation Created first form of

government during Revolution: Articles of Confederation

This document and government was unsuccessful and only lasted a few years

Established government dominated by states because the creators feared strong national government

Unicameral legislature No president No national court Congress strictly limited No power to tax,

regulate commerce, inhibited foreign trade, and development of a strong national economy

Could not compel states to do anything

Shay’s Rebellion

Armed attacks on courthouses to prevent judges from foreclosing on farms

Reiterated to creators of Articles that the government had no power to deal directly with individual citizens or states

What should be done about Articles?

Annapolis Meeting: discuss problems; only five states attended (NY,NJ,DE,PA,VA)

Madison/Hamilton pushed for May, 1787 Constitutional Convention in Philadelphia, PA

Constitutional Convention 55 Delegates showed up and agreed on:

1. Human nature:

Held a pessimistic view; people are self-interested; “Government should contain

natural self-interest of people”

2. Causes of political conflict:

Distribution of wealth is the source of political conflict along with religion, views of governing and attachment to various leaders

Convention, Continued…3. Object:

Preserve property, security from invasion, domestic tranquility, promotion of the general welfare, preservation of individual rights to acquire and hold wealth

4. Nature of republican government:

Power should be set against power so no one

faction would overwhelm the others; balanced

government with checks and balances and

following Montesquieu’s ideas of separation of branches

Convention Equality Issues

1. Representation:

New Jersey and Virginia Plan=

Connecticut Compromise (Great)

2. Slavery:

3/5 Compromise

3. Voting:

People qualified to vote in state elections could also vote in national elections (decided by states)

Economic Issues because of the Articles of Confederation

States had erected tariffs against products from other states

Paper money was worthless in some states but many state governments which were controlled by debtors classes, forced it on creditors anyways

Congress was having trouble raising money because the economy was in a recession

How should the problem be fixed???

Congress’s Role with the Economy Congress became the chief economic policymaker

A. Obtain revenues through taxing and borrowingB. Appropriate fundsC. Maintain sound moneyD. Guarantee payment for national debtE. Encourage economic enterprise and investmentF. Construct post offices and roadsG. Establish weights and measurementsH. Punish counterfeiters and piratesI. Ensure patents and copyrightsJ. Legislate rules for bankruptcyK. Regulate interstate and foreign commerce

Constitutional Individuals’ Rights Says little about personal freedoms because

delegates believed that various states were already doing a sufficient job of protecting individual rights

Protections it does offer:– Prohibits suspension of writ of habeas corpus– Prohibits passing bills of attainder– Prohibits passing ex post facto laws– Prohibits imposition of religious qualifications for

holding office in national government– Upholds right to trial by jury in criminal cases– Strict rules for evidence for conviction of treason

Madison: Father of the Constitution Faced with the dilemma of reconciling economic inequality with political freedom

Proposed to:

1. Place as much government as possible beyond direct control of majority

2. Separate powers of different institutions

3. Checks and balances

4. Establish a federal system

Constitutional Republic Republic: System based

on the consent of the governed in which representatives of the public exercise power

Constitution passed by 1789 but there was a fight between two factions, Federalists and Anti-Federalists over a need for a Bill of Rights