The ConstitutionChapter 2

Defining American Constitutionalism The big picture: American constitutionalism is textual

government It enables well-founded government It limits government through the constraints of the text

Limited government A key point of our written government

A Protestant aspect that greatly affected the construction and later interpretations

Texts of American Constitutionalism Declaration of Independence Articles of Confederation The U.S. Constitution The Federalist Papers The Anti-Federalist Papers John Locke, Two Treatises Montesquieu, Spirit of the Laws Sir William Blackstone, Commentaries on the Laws of

England James Harrington, Commonwealth of Oceana

The Nature of American Constitutionalism Why did we revolt in the American Revolution?

We were revolting against executive power Who was the executive?

King George III What is the primary document Americans wrote to express

their feelings about George? The Declaration of Independence

What is the Declaration’s chief message? Not “life, liberty, and the pursuit of happiness” (a.k.a. property) Not “unalienable rights” The message: George III sucks

The Nature of American Constitutionalism Problems with George III

“The history of the present king of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute tyranny over these states”

“He has obstructed the administration of justice…” “He has erected a multitude of new offices…” “He has plundered our seas, ravaged our coasts, burned our

towns, and destroyed the lives of the people.”

The Nature of American Constitutionalism Problems with George III

He is blamed for “quartering large bodies of troops among us…” He is blamed for “imposing taxes upon us without our consent” He is blamed for “depriving us, in many cases, of the benefits of

trial by jury” Do any of these complaints sound familiar?

3rd Amendment: “prohibits the forced quartering of soldiers out of war time”

16th Amendment: “allows the federal government to collect income tax” (House of Reps. also introduce revenue measures)

6th Amendment: “right to have a fair and speedy public trial by jury…”

The Nature of American Constitutionalism What are all the preceding issues about?

Unalienable rights The first item on the agenda for the America’s first

Constitution is limitation of executive power

British Restrictions and Colonial Grievances A Brief List of Imperial Actions

• The Sugar Act of 1764• The Currency Act of 1764• The Stamp Act of 1765• The Declaratory Act of 1766• The Townshend Revenue Act of 1767• The Tea Act of 1773• The Coercive/Intolerable Acts• The Quebec Act

British Restrictions and Colonial Grievances Reasons for Increased Taxation

The Treaty of Paris (1763) Britain was roughly 130 million pounds in debt from the French/Indian

Wars Britain’s solution: tax the colonists! George Grenville was appointed by King George III to solve this minor

debt issue Many of the colonists believed they possessed the same rights

as British citizens. Independence was not declared quickly because most colonists wanted

government modification (no more taxes specifically)

The Colonial Response Thomas Paine’s Common Sense

Written January 1776 It called for a democratic system based on frequent elections and a

written constitution that drove many colonists, including the Second Continental Congress toward independence

It spoke in simple language and quoted Biblical scripture (the kinds of things that colonists liked)

Loyalists hated it and attacked it as a baseless, radical democratic idea.

Some patriots like John Adams hated it too. He called it a “crapulous mess” and declared Paine a radical

Overall, the document served its purpose

Declaring Independence July 4, 1776 – The Declaration of Independence

Universal Truths “We hold these Truths to be self-evident, that all Men are created equal,

that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness – That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed, that whenever any Form of Government becomes destructive of these Ends, it is the Right of the People to alter or abolish it, and to institute new Government.”

Declaring Independence July 4, 1776 – The Declaration of Independence

Natural Rights The assumption that people have natural rights was revolutionary at the

time Rights held to be inherent in natural law, not dependent on

governments. John Locke stated that natural law, being superior to human law,

specifies certain rights of “life, liberty, and property.” In the U.S., we altered these certain rights to be “life, liberty, and the pursuit of

happiness.” Locke argued that it was the purpose of government to protect these

rights for its citizens

Declaring Independence July 4, 1776 – The Declaration of Independence

Social Contract A voluntary agreement among individuals to secure their rights and welfare by

creating a government and abiding by its rules The Mayflower Compact was the first of several documents establishing

governments or rules based on the consent of the governed

The Remainder of the Declaration After outlining these basic principles of government, the Declaration

goes on to justify the colonists’ revolt against Britain Much of the document is a list of what King George III (“He”) did to

deprive the colonists of their rights

Declaring Independence July 4, 1776 – The Declaration of Independence

The Significance of the Declaration The concepts of universal truths, natural rights, and government

established by a social contract have a lasting impact on American life Set force ideals that are crucial and fundamental to our national identity

Initially established the legitimacy of the new nation in the eyes of foreign governments and the colonists themselves

What does the Declaration really have to do with independence? Abraham Lincoln stated, “The assertion that ‘all men are created equal’ was of

no practical use in effecting our separation from Great Britain; and it was placed in the Declaration, not for that, but for future use.”

Declaring Independence The Rise of Republicanism

Some colonists demanded that American independence be preceded by the formation of a strong central government

However, those that called themselves Republicans, were against a strong central government Fear of a potential American monarchy Opposed executive authority and any form of governmental restraint on the

power of local government From 1776 to 1780, all of the states adopted written constitutions

11 were totally new 2 were modifications of old royal charters (Connecticut and Rhode Island)

Declaring Independence The Rise of Republicanism

Republican sentiment led to increased power for the state legislatures Unicameral legislatures were established in Georgia and Pennsylvania

A legislature with one legislative chamber Nebraska is the only states in the Union today with a unicameral legislature

Essentially, the Republicans attempted to maintain the politics of 1776 In almost all states, the legislature was the predominant branch of

government

The Articles of Confederation The fear of a powerful central government led to the passage

of the Articles of Confederation, a very weak central government Confederation – a political system in which states or regional

governments retain ultimate authority except for those powers they expressly delegate to a central government Voluntary association of independent states

State – a group of people occupying a specific area and organized under one government May be a nation or a subunit of a nation

CongressUnicameral; Each state had 2 to 7 members, but only

one vote. Most powers were exercised under the approval of 9 states. Amendments required approval

from all states.

Committee of the StatesA committee of representatives from all the states was empowered to act in the name of Congress

between sessions.

OfficersCongress appointed officers to do

some of the executive work.

The States

The Articles of Confederation Accomplishments under the Articles

Claims to western territories were settled Maryland refused to sign the Articles if an agreement could not be

reached regarding larger states’ claims to western territories Northwest Ordinance of 1787

Established a basic pattern of government for western territories and those north of the Ohio River

The Articles of Confederation Powers of Congress

Declare war and make peace Enter into treaties and alliances Establish and maintain armed forces Requisition men and revenue from states Regulate coinage Create a postal system Regulate Indian affairs Guarantee citizens of each state the rights and privileges of

citizens in the several states when in another state Adjudicate disputes between states on state petition

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