Transcript lesson 4 unit 4a colonies revolt - Hendrick Hudson School District

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SOCIAL-IDEOLOGICAL CAUSES OF THE AMERICAN
REVOLUTION
17th & 18th Century Enlightenment philosophy
John Locke- natural rights “life, liberty & property”…A social contract is formed
between people & govt.
Humans have Natural rights or unalienable rights
Social contract -people agree to form a state and GRANT to their govt the powers to
protect their natural rights
Govt exists only with the consent of the governed
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UNALIENABLE RIGHTS
During the Age of Enlightenment the natural law theory
challenged the divine right of Kings
The definition of "unalienable rights," are rights that
cannot be surrendered, sold or transferred to
someone else –OR to government, some people refer
to these as "natural" or "God-given" rights
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JOHN LOCKE
Men being, as has been said, by Nature, all free, equal and independent, no one can
be put out of this Estate, and subjected to the Political Power of another, without
his own Consent. The only way whereby any one devests himself of his Natural
Liberty, and puts on the bonds of Civil Society is by agreeing with other Men to
joyn and unite into a Community, for their comfortable, safe, and peaceable living
one amongst another, in a secure Enjoyment of their Properties, When any
number of Men have so consented to make one Community or Government, they
are thereby presently incorporated, and make one Body Politick, wherein the
Majority have a Right to act and conclude the rest.
…which is the consent of the majority: …one Body, one Community, which the consent
of every individual that united into it, agreed that it should; and so every one is
bound by that consent …in Assemblies impowered to act by positive Laws where
no nu
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ENLIGHTENMENT THINKERS CONTINUED
Baron de Montesquieu-division of powers in govt
Jean-Jacques Rousseau- influences the American Declaration of Independence
Voltaire- wrote against religious intolerance & persecution
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HEY BUY ME!!!!!!!!!!!!!
Please buy before 10/15/2012
from the HHHS bookstore the
2012 U.S. History & Govt review
book by Prentice Hall. The cost
is $15.00
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VOCABULARY SHEET
Canal
raw materials
Natural resources
Culture
diversity peninsula
scarcity
Abolition
compromise
draft system
conscription
Amendment
concurrent power
Annex/annexation
confederation
selective service system Assumption plan
elastic clause
consent of the governed
Bicameral legislature
implied powers
constructionist
Bill of Rights
delegated powers
strict & loose
Bipartisan
expressed powers
enumerated powers
Civil liberties
equal protection under the law
14th Amendment
federalist
Excise tax
federalism
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domestic policy
trade
POLITICAL CAUSES OF AMERICAN REVOLUTION
Townshend Acts= taxed imports from England
Denies the right to property
“no taxation w/o representation”
Sam Adams- Sons of Liberty
 Boston massacre
 Committee of correspondencePatrick Henry- Give me liberty or give me death
Thomas Paine- Common Sense Justifies separating from
Great Britain- 600,000 copies sold
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1774 COMMITTEES OF CORRESPONDENCE
Patriots in all colonies wrote to one another about threats from the Crown
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ECONOMIC CAUSES OF AMERICAN REVOLUTION
Mercantilism
1764 Sugar Act
1600s Navigation Acts
1765 Stamp Act
Townshend Acts= taxed imports from England
Tea Act 1773 = Boston Tea Party
England is choking the colonies
“Where are our natural rights”
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SAM ADAMS & THE SON’S OF LIBERTY
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CRISPUS ATTUCKS
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BOSTON MASSACRE MARCH 5TH, 1770
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HW
New terms pg # 108
Declaration of Independence
2nd continental congress
Common Sense
Thomas Jefferson
Olive Branch petition
Pg# 117-Valley Forge, Saratoga, inflation, Profiteering
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HOW DID SOME OF THE COLONISTS REACT
Reactions to the Boston massacre 1770
Boston Tea Party 1773 why? Tea Act
Burn, tar & feather the King’s tax collectors
Colonial political reactions to British oppression:
 1774-1st Continental congress-12 colonies send Reps to
Philadelphia “.we are still British subjects.”
Are You a Tory a Loyalist? Olive Branch Petition
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WEAKNESS OF ARTICLES OF CONFEDERATION
Congress cannot enact or collect taxes
Cannot regulate interstate or foreign trade
Each state had 1 vote in congress
2/3 majority = 9 out of 13 states had to agree
Articles could be amended if all states approved
No executive branch of govt
No national unity
No national court system to settle legal disputes.
States rights over a weak central govt
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ARTICLES OF CONFEDERATION
What did they accomplish??
Northwest Ordinance of 1787
 Provided a process for admission of new states to the Union
Land Ordinance of 1785
 -provide an orderly system of how towns can be developed in the Northwest
Territory
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THE CROWN RESPONDS TO THE TERRORISTS
Intolerable Acts
Quartering acts
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THE SHOT HEARD AROUND THE WORLD
The British prepare to march to Lex & Concord
Why?
April 18 1775 Paul Revere’s midnight ride-warn Boston & surrounding area
The minutemen prepare to defend
Beginning Shots heard around the world: battle of Lexington, Mass. On April 18, 1775
Concord, Mass
On April 25, 1777--Sybil Ludington's ride: traveling 40 miles from her home in what is
now the town of Kent, south to Mahopac, and north to Stormville
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BATTLE OF LEXINGTON
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THE PATRIOTS DECLARE THEIR INDEPENDENCE
Thomas Paine Common Sense 500,000
copies
“These are the times that try men’s
souls. The summer soldier and the
sunshine patriot will shrink from the
service of his country…Tyranny, like
Hell, is not easily conquered.”
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COMMON SENSE
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WHY COMMON SENSE?
Thomas Paine--government's only
purpose– goal is to protect life, liberty
and property…government should be
judged solely on the basis of the extent
to which it accomplishes this goal…
independence from England
representative govt is the answer
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THE COLONIES ASSERT THEIR RIGHT TO BE FREE
2nd Continental Congress: May, 10, 1775 Lexington-Concord,
deaths mean total WAR.
June 7, 1776 Richard Henry Lee “ these united Colonies are,
and of a right ought to be, free and independent states.”
How to unite the southern & Northern colonies against Britain
Hey…GW becomes head of Continental army
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DRAFTED BY THOMAS JEFFERSON BETWEEN JUNE 11
AND JUNE 28, 1776
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THE DECLARATION OF INDEPENDENCE
Thomas Jefferson “governments derive their just powers
from the consent of the governed.. Who have
“unalienable rights”
Who influences TJ
John Locke 1690 Two Treatises of Govt
Rousseau- The Social Contract 1762 Social Contract is
the "compact" agreed to among men that sets the
conditions for membership in society…politics and
morality should not be separated.
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PROBLEMS WITH THE DECLARATION OF
INDEPENDENCE
Locke’s theory stated no person shall rule
another w/o consent of the other person
But what about the…
Slaves?
Women?
Native Americans?
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BATTLE OF SARATOGA
The turning point of the American
revolution
the Battle of Freeman's Farm (Battle of
Saratoga September 19-October 7,
1777)
Americans controlled the Hudson valley,
Albany & Lake George
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WHAT PART OF GEN. BENEDICT IS BURIED IN USA?
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CAPTURE OF MAJ. ANDRE
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THOMAS JEFFERSON
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NATHAN HALE
Patriot Nathan Hale Was Hanged
September 22, 1776
"I only regret that I have but one life to
lose for my country."
born in Coventry, Connecticut, on June 6,
1755, and a teacher by trade, joined his
five brothers in the fight for
independence against the British.
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FIGHTING THE WAR
Famous traitor-Gen. benedict Arnold gave
the West Point plans to a British agent
Maj. Andre who is captured in Tarrytown,
NY
How do 2 Peekskill/ Cortlandt residents
change the tide of the war in the Hudson
Valley?
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FIGHTING THE WAR
1775-1781
Mighty Britain against farmers, tinkers &
merchants
George Washington –a Virginian was made
commander of the Continental Army
Important victories for the Americans
Saratoga-French now come into the war as
an American Allie
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1781 BATTLE OF YORKTOWN ENDS WAR
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TREATY OF PARIS
Ends the Revolution September, 1783
What territory belongs to the new
America? Atlantic to the Mississippi,
from Canada to Florida
Battle of Yorktown-Thanks FranceMarquis de Lafayette
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CREATING THE 2ND CONTINENTAL CONGRESS
MAY 1775
What are the problems with the Articles of
Confederation & 1st continental
congress?
Articles of Confederation are weak
Congress cannot tax the states
13 states were responsible for
themselves
Hundreds of different currencies
1st Continental Congress cannot send
troops to crush domestic unrest-
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2ND CONTINENTAL CONGRESS
Sends Olive branch petition on July, 8,
1775
Common Sense by Thomas Paine
July 1776 Declaration of Independence by
TJ
“…govt’s derive their just powers from the
consent of the governed… to alter or to
abolish any govt that threatened their
unalienable rights and to install a govt
that will uphold these principles.
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EARLY AMERICAN REBELLIONS THAT INFLUENCED
THE CREATION OF A STRONGER FEDERAL GOVT &
CONSTITUTION
Shays' Rebellion 1786-87
1791-Whiskey rebellion
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THE PATH TO A NEW CONSTITUTION
Colonial documents that assert the rights of Americans . Common sense, Fed Papers
Olive branch petition July 1775
Virginia Declaration of Rights 1776 written by TJ
Declaration of Independence 1776 written by TJ
U.S. Constitution 1789 delegates from every state meet in Philadelphia to form a strong
central govt. WHY? Articles of Confederation are weak-govt has little power.
Britain, France and Spain still encircle the 13 states.
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2ND CONTINENTAL CONGRESS
The ONLY Success of Articles of Confederation
Congress tries to deal with the challenges of a new govt & its territory
1. The Land Ordinance of 1785
a. townships 36 square miles / into 36 sections of 640 acres a.k.a a full section
c. 1/4 section 160 acres. $ 1 per acre
2. 1787 Northwest Ordinance: how to add states to the new country?
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1787 NORTHWEST ORDINANCE
It established the precedent US would expand westward across North America by the
admission of new states rather than by the expansion of existing states.
slavery was banned in this new territory, which had the effect of making the Ohio
River the boundary between free and slave territories in the region between the
Appalachian Mountains and the Mississippi.
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MAP OF OHIO RIVER VALLEY
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DRAFTING THE CONSTITUTION
May 1787 state delegates come to Philadelphia, Pa. Lawyers, merchants or planters
= $$
Ben Franklin, Alexander Hamilton & GW
Big states VS. Small states
Virginia Plan = Bicameral
New Jersey Plan = unicameral
Both have problems
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ROGER SHERMAN’S
GREAT COMPROMISE
Bicameral legislature:=two house system
A. Senate = 6 years elected by members of their home state legislatures/Assemblies
 B. House of Representatives= 2 years-elected by citizen vote from their home state
 When both Houses meet it is called Congress
in one house, every state will have an equal vote. In the other, representation will be
proportional.
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THE 17TH AMENDMENT
Passed by Congress May 13, 1912, the 17th amendment modified Article I, section 3,
of the Constitution by allowing voters to cast direct votes for U.S. Senators. Prior
to its passage, Senators were chosen by state legislatures.
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FEDERALISM
The Constitution divides power to govern between the States & national govt. This is
Federalism
National govt
Concurrent powers
Reserved Powers
Military
Enforce laws
Conduct elections
Declare war
Establish Courts
Schools
Coin $
Roads
Marriage
Regulate trade
Assume the powers not
All laws necessary
given to natl-govt. or denied
to the states
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THE DECLARATION OF INDEPENDENCE
States the theory of American govt & why Britain was considered an illegitimate ruler
The new American govt needed to be legitimized by…
We the people of the United States…do ordain and establish this Constitution.
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FLEXIBILITY OF CONSTITUTION
Elastic clause
Amendment Process
Judicial interpretation
Unwritten Constitution-ct decisions, customs, traditions from a so-called Unwritten
constitution allow for change & flexibility
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3/5 COMPROMISE
Once again south Carolina
Slaves count as 3/5 for the purpose of electing members of the House of representatives to
a 2 year term
Q--Why is Connecticut called the constitution state
Answer--some early historians claim that the Fundamental Orders of 1638-1639 were the first
written constitution in history.
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HOW DOES THE CONSTITUTION WORK?
1787 the delegates meet in Philadelphia to create a
Constitution
Establish legitimacy the right to rule Describe & distribute
power-The Preamble = purpose of the Constitution
Preamble states-“We the people of the United States…do
ordain and establish this Constitution.”
Limits govt powers
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HOW DOES THE CONSTITUTION WORK?
Allow for Change =The 'Elastic clause'
granting Congress the power to pass all
laws necessary and proper for carrying
out the enumerated list of powers.
I. Legislative II. Executive Branch III. The
Judiciary
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ARTICLE I LEGISLATIVE BRANCH
No State shall enter into any Treaty, Alliance, or
Confederation; coin Money; Bill of Attainder ex post
facto Law, or grant titles of Nobility
No State shall, without the Consent of Congress, lay any
duty of Tonnage, keep Troops, or Ships of War in time
of Peace, enter into any Agreement or Compact with
another State, or with a foreign Power, or engage in
War, unless actually invaded, or in such imminent
Danger as will not admit of delay.
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ARTICLE II. EXECUTIVE BRANCH
The president=commander-in-chief of armed forces,
Chief treaty negotiator-Director of Foreign Policy, Chief
Executive, grants pardons & Clemencies, appoints
federal Judges, Ambassadors and cabinet positions &
veto congressional Bills & Laws.
No person except a natural born Citizen, or a Citizen of
the United States, at the time of the Adoption of this
Constitution, shall be eligible to the Office of
President; neither shall any Person be eligible to that
Office who Age of thirty-five Years
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THE OATH OF OFFICE
I do solemnly swear (or affirm) that I will faithfully
execute the Office of President of the United States,
and will to the best of my Ability, preserve, protect and
defend the Constitution of the United States."
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THE CONSTITUTION
The United States Constitution is the supreme law of the United States. The
Constitution is made of the Preamble and seven different articles.
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ARTICLE III THE JUDICIAL BRANCH
Federal Courts & 1 Supreme Court
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WHY SEPARATION OF POWERS
Legislative Branch
Executive Branch
Judicial Branch
How a Bill becomes law
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HOW A BILL BECOMES FEDERAL LAW
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HOW DOES A PRESIDENT VETO A BILL?
Veto = Latin for “I forbid”
ten days to respond by returning legislation to
Congress. Approved or vetoed
pocket veto- when congress is not in sessionpresident just lets it sit w/o action = bill
expires
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IMPEACHMENT
1-The President, Vice President, and all civil officers
of the United States- “treason, bribery, or other
high crimes and misdemeanors."
2- impeachment by the House of Representatives by
a majority vote
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SLAVERY RELATED ISSUES
Representation based on population (House of
Representatives) created the problem of how-or why
should slaves be counted for representation in the
House of Representatives.
3/5 compromise = 3/5 of slave population could be
counted to determine how many delegates could
represent each state in the House of Representatives
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IMPEACHMENT CONTINUED
3- Trial and conviction by the Senate -- The vice president presides over the Senate
proceedings except the president, whose trial is presided over by the chief justice
of the Supreme Court.
Pres. Johnson 1867 & Pres. Clinton 1988 both found innocent by 1 vote
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IMPEACHMENT CONT:
3- Trial and conviction by the Senate -- The vice president presides over the Senate
proceedings except the president, whose trial is presided over by the chief justice
of the Supreme Court.
Pres. Johnson 1867 & Pres. Clinton 1988 both found innocent by 1 vote
Impeached means a process to determine guilt = Trial – Not a conviction
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BILL OF RIGHTS
The First Amendment provides that Congress make no law respecting an establishment of
religion or prohibiting its free exercise. It protects freedom of speech, the press, assembly,
and the right to petition the Government for a redress of grievances.
The Second Amendment- A well regulated militia, being necessary to the security of a free
state, the right of the people to keep and bear arms, shall not be infringed.
The Third Amendment prohibits the government from quartering troops in private homes, a
major grievance during the American Revolution.
The Fourth Amendment protects citizens from unreasonable search and seizure. The
government may not conduct any searches without a warrant, and such warrants must be
issued by a judge and based on probable cause.
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BILL OF RIGHTS CONT:
The Fifth Amendment provides that citizens not be subject to criminal
prosecution and punishment without due process. Citizens may not
be tried on the same set of facts twice, and are protected from selfincrimination (the right to remain silent). The amendment also
establishes the power of eminent domain, ensuring that private
property is not seized for public use without just compensation.
The Sixth Amendment assures the right to a speedy trial by a jury of
one's peers, to be informed of the crimes with which they are
charged, and to confront the witnesses brought by the government.
The amendment also provides the accused the right to compel
testimony from witnesses, and to legal representation.
The Seventh Amendment provides that civil cases also be tried by jury.
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BILL OF RIGHTS CONT:
The Eighth Amendment prohibits excessive bail,
excessive fines, and cruel and unusual
punishments.
The Ninth Amendment states that the list of
rights enumerated in the Constitution is not
exhaustive, and that the people retain all
rights not enumerated.
The Tenth Amendment assigns all powers not
delegated to the United States, or prohibited
to the states, to either the states or to the
people.
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WRIT OF HABEAS CORPUS & THE US CONSTITUTION
The habeas corpus concept was first expressed in the Magna
Charta, 1215.
No free man shall be seized, or imprisoned, or disseised, or
outlawed, or exiled, or injured in any way, nor will we enter
on him or send against him except by the lawful judgment
of his peers, or by the law of the land." This principle
evolved to mean that no person should be deprived of
freedom without Due Process of Law. In America which
Amendment is called the Due Process Amendment?
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HABEAS CORPUS
Means produce the body in Latin
In the US Constitution Habeas Corpus allows
A prisoner can file a writ of habeas corpus with a court to make sure he was tried
and imprisoned in a constitutionally correct manner.
Our constitution has this safeguard that allows a prisoner to challenge his
imprisonment via Habeas Corpus. A safe guard to determine whether a prisoner
was imprisoned in a fair constitutional manner = with due process!
If the prisoner argues successfully that the incarceration is in violation of a
constitutional right, the court may order the prisoner's release.
Article I sec # 9
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PRESIDENTIAL POWERS
Pardon, Commute prison sentences
Appt Fed Judges, Ambassadors
Head of Armed Forces
Emergency's-- calling into session one or both
houses of Congress example: declare war
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THE SYSTEM OF CHECKS AND BALANCES
The American constitutional system includes a notion known as the
Separation of Powers. Several branches of government are
created and power is shared between them. At the same time,
the powers of one branch can be challenged by another branch.
This is what the system of checks and balances is all about.
There are three branches in the United States government as
established by the Constitution. First, the Legislative branch
makes the law. Second, the Executive branch executes the law.
Last, the Judicial branch interprets the law. Each branch has an
effect on the other. The powers of one branch can be challenged
by another branch.
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CHECKS ON THE EXECUTIVE = THE PRESIDENT
Legislative Branch = Senate and OR House of
Representatives & Checks on the Executive
 Impeachment power (House)
 Trial of impeachments (Senate)
 Selection of the President (House) and Vice President
(Senate) in the case of no majority of electoral votes
 Senate approves departmental appointments
 Senate approves treaties and ambassadors
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How Congress can over ride a Presidential veto?
To overturn a presidential veto, both houses in Congress must vote to approve the bill
by a two-thirds majority.
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CHECKS ON THE EXECUTIVE-WHAT THE
LEGISLATIVE BRANCH CAN DO AGAINST THE
PRESIDENT

Approval of replacement Vice President
 Power to declare war
 Power to enact taxes and allocate funds
 President must, from time-to-time, deliver a State of the
Union address
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CHECKS ON THE LEGISLATURE : CONT
because it is bicameral, the Legislative branch
has a degree of self-checking.
Bills must be passed by both houses of
Congress
House must originate revenue bills
Neither house may adjourn for more than three
days without the consent of the other house
All journals are to be published
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PRESIDENTIAL ASSASSINATION
The 25th Amendment – The VP He or she will become President if the President
cannot serve for whatever reason. The 25th also provides for a President who is
temporarily disabled, such as if the President has a surgical procedure or if he or
she become mentally unstable.
Who is next in line after the VP?
Speaker of the House of Representatives
President Pro Tempore of the Senate
Secretary of State
Secretary of the Treasury
Secretary of Defense
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 Approval of replacement Vice President
 Power to declare war
 Power to enact taxes and allocate funds
 President must, from time-to-time, deliver a State of the
Union address
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JUDICIAL BRANCH
Checks on the Legislature
Judicial review
Seats are held on good behavior
Compensation cannot be diminished
Checks on the Executive
Judicial review
Chief Justice sits as President of the Senate
during presidential impeachment
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CHECKS ON THE JUDICIARY
Senate approves federal judges
Impeachment power (House)
Trial of impeachments (Senate)
Power to initiate constitutional amendments
Power to set courts inferior to the Supreme
Court
Power to set jurisdiction of courts
Power to alter the size of the Supreme Court
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JUDICIAL REVIEW
A court's authority to examine an executive or
legislative act and to invalidate that act if it is
contrary to constitutional principles. The
Supreme Court Can outlaw/ strike down Acts
& or laws passed by Congress
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THE SUPREMACY CLAUSE
states "This Constitution, and the laws of the
United States …shall be the supreme law of
the land." It goes on to say that, "judges in
every state shall be bound thereby." This
means that state laws may not violate the U.S.
constitution and that all state courts must
uphold the national law.
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ARTICLE I THE LEGISLATURE
Representation in the house of
representative Representation In the
Senate
President’s role
Role of VP
Impeachment
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1803 MARBURY V. MADISON
The Supreme Court, led by Chief Justice John Marshall,
decides the landmark case of William Marbury v.
James Madison, Secretary of State of the United
States and confirms the legal principle of judicial
review--the ability of the Supreme Court to limit
Congressional power by declaring legislation
unconstitutional--in the new nation.
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MARBURY BECOMES A PRECEDENT
In writing the decision, John Marshall argued that
acts of Congress in conflict with the Constitution
are not law---they are unconstitutional and the SC
can rule acts of Congress unconstitutional.
American law is based on the principle of precedent,
meaning that if a court has already ruled on a
given legal issue then future courts will follow the
same legal path.
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ELECTORAL COLLEGE
The Electoral College is a process, not a place.
538 electors-majority of 270 electoral votes
are required to elect the President--one for
each House member (Congressman/woman)
that a state has in the House of
Representatives plus two for the Senators.
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PUNISHMENTS
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SLAVE SHIP TRANSPORT
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SLAVE SHIP MIDDLE PASSAGE
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SLAVE PUNISHMENTS
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SLAVE NO RUN COLLAR
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SLAVERY RELATED ISSUES CONT
The convention gave Congress the power regulate the slave trade but not to interfere
in it for 20 years supposed to expire in 1808
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CREATING A NEW GOVERNMENT
Delegates divide power between states & National govt.
Separated the national govt’s power into 3 branches
Separation OR Division of Powers-the new system of govt. was a form of Federalism
that divided power between state & natl govt.
Delegated powers--power given to natl govt by the Convention.
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FEDERALISM
Divides power between the national govt & state govts.
Power given to the national govt. by the constitution are called enumerated powers.
Reserved powers are those powers kept by the states.
Shared powers are
This is federalism ---thank you
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CONSTITUTIONAL CONVENTION
Philadelphia May 1787
Need to amend the Articles of Confederation
Shay’s rebellion & Whiskey Rebellion
A Federal system of Govt= power is divided between national & state govt.
Congress regulates interstate commerce,
levy & collect taxes, president head of
executive branch
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ENUMERATED /DELEGATED POWERS
Delegated OR Enumerated powers=Given to Congress
 Foreign affairs, provide natl defense, regulate trade between the states, coining
money, taxes, speed limits
Reserved powers- power kept by the states
 Education, establishing marriage laws & regulating trade within the state, Gun
licensing, taxes, speed limits
The Bill of Rights: 1st 10 amendments to the constitution = protect the states
a compromise between Federalist & Anti-Federalist politicians
10th Amendment- The powers not delegated to the United States by the Constitution,
nor prohibited by it to the States, are reserved to the States respectively, or to the
people.
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SEPARATION OF POWERS
3 branches of Govt- Thank you Voltaire
Legislative House of Reps & the Senate = 2 Chambers
All tax laws originate in the House = raise taxes, create laws, regulate interstate commerce (see next slide) House ways & means committee
Senate- Approves treaties, Tries impeachment, create laws, committees
the positive vote of both required to approve any & all legislation and over
ride a presidential veto
Minimum age for the House is 25 & the Senate 30
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VOLTAIRE’S INFLUENCE ON US CONSTITUTION
Voltaire was a staunch supporter of the freedom of speech, which is emphasized by
1st Amendment in the American Constitution.
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MONTESQUIEU WROTE THE SPIRIT OF THE
LAWS.
described checks and balances on government by dividing the functions of power
between three separate branches of government to protect liberty. One can see
his ideas about separation of governmental powers reflected in the United States
Constitution.
Article I- Article 1 gives Congress its powers and limits
Article II- the executive branch of the government--made up of the President and
executive officers.
Article III- The Judicial branch is the court system that interprets the law--includes the
Supreme Court and the lower courts which are made by Congress.
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SEPARATION OF POWERS
Executive branch= carry out the laws, pres is head
Judicial branch = interpret the law, Fed courts & Supreme Court
Checks & balances =the 3 branches were made to prevent one branch of govt from
dominating the other
President can veto acts of congress but congress can override a Pres veto by a 2/3 vote
Pocket veto
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WHAT IS GOOD ABOUT THE CONSTITUTION?
1. It can be amended
2. A flexible document
3. Created 3 branches of govt.
4. creates checks & balances in govt
5. the 1st 10 amendments were done to protect States’ rights = Reserved powers
The 9th amendment is extra protection that protect the State’s RESERVE powers
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THE COMMERCE CLAUSE
The Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution,
this Congress the power “to regulate commerce with foreign nations, and among
the several states, and with the Indian tribes.”
Very powerful clause for Congress
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QUIZ DEFINITIONS-FRIDAY
constructionist
Bill of Rights
delegated powers
loose, strict
Bipartisan
expressed powers
enumerated powers
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THE NINTH AMENDMENT EXPLAINED
The first eight amendments to the Constitution expressly prohibit the federal
government from denying people fundamental rights and important procedural
protections. To ensure that federal officials would not later claim that the list of
such rights was exclusive, the Ninth Amendment was enacted.
Then, to ensure that powers not expressly delegated to the federal government could
still be exercised by the states, the Tenth Amendment was enacted. It reads as
follows:
The powers not delegated to the United States by the Constitution, nor prohibited by it
to the States, are reserved to the States respectively, or to the people.
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PREAMBLE TO THE CONSTITUTION OF USA
We the people of the united States, in order to form a more perfect union, establish
Justice, insure domestic Tranquility, provide for the common defense, promote the
general Welfare, and secure the Blessings of Liberty to ourselves and our
posterity, do ordain and establish this Constitution for the United Sates of America
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HOW TO INTERPRET THE CONSTITUTION
Strict interpretation or a loose one? The 2 opposing views that will haunt America
forever
1. Strict constructionism= Anti-Federalist
is the term used to describe a literal or strict reading of the United States
Constitution. Nothing should be read into the Constitution that isn’t clearly
already there, such as special rights for one segment of the population
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STRICT INTERPRETATION OF THE CONSTITUTION
Anti-Federalist--The Anti-Federalists were those in the government who did not favor a
strong national government and wanted to see more power go to individual
states. Thomas Jefferson and George Clinton were among the most prominent
Anti- Federalists.
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THE FEDERALIST BELIEVED IN A
Loose Interpretation --- Alexander Hamilton and his followers favored a loose
interpretation of the Constitution, which meant they believed that the document
permitted everything that it did not expressly forbid. This contrasted sharply with
Thomas Jefferson's strict anti-federalist interpretation.
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THE FIRST POLITICAL PARTIES
Federalist party-Wealthy elites, Manufacturing, shipping & trade, Loose
interpretation of Constitution, Protective Tariff, Pro-British
Democratic-Republicans- led by TJ, agrarian economy, pro-French, strict interpretation
of Constitution
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HW PG# 196 TERMS & NAMES DUE WEDNESDAY
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FOREIGN POLICY 1800-1823
GW’S LEGACY
1793-GW Proclamation of Neutrality
1796--GW farewell Address “neutrality avoid war at all cost”
GW-2 term presidency
GW-Neutrality
GW & AH--America must be free to trade with all of Europe
XYZ Affair-insulted America
1798--Alien & sedition Act- Pres John Adams `
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SECTIONALISM
As a result of the bitter fighting between the Federalists & Anti-Federalists
North v South
Sectionalism began to grow and would fester until the 1860 civil war
Election of 1796- Electors of North voted for Adams & Electors of the South voted for
Jefferson
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VIRGINIA & KENTUCKY RESOLUTIONS
1798-99– Nullification states had the right to Nullify (VOID) any act of congress they
viewed as unconstitutional because the federal Alien and Sedition Acts were
unconstitutional.
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JEFFERSON’S PRESIDENCY
Elected 1800
Decentralized govt, reduce expenses, save $$
1st president to serve in D.C.
Louisiana Purchase 1803---- 828,000 square miles
“ Midnight Judges” TJ Refused to appoint Marbury as a Federal Judge
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LOUISIANA PURCHASE 1803 $15 MILLION
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TJ & AH
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HAMILTON & JEFFERSON
OPPOSING IDEOLOGIES
Hamilton a Federalist- Report on the Public Credit, Print paper Money, lots of
immigration, Corporations
assume the states’ war debt, Bank of the United States , District of Columbia, excise
tax, protective tariff
Jefferson- Democratic-Republicans, strong state govt, weak national govt. little
immigration, small yeoman farms
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MT. RUSHMORE-GUTZON BORGLUM
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AERIAL VIEW OF CRAZY HORSE
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BEFORE & AFTER
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GUTZON BORGLUM, 1927-1941.
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HAMILTON’S 4 PART FINANCIAL PLAN FOR AMERICA
1st Secretary of the Treasury
There are 4 parts to Hamilton’s Financial Plan 1791
1-Assumption of States’ War Debts
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# 2 HAMILTON’S PLAN
2-National Bank --a.k.a. 1st Bank of the United States --anti-federalists worried that
wealthy northerners would take advantage of the bank to exploit the South
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# 3 HAMILTON’S PLAN
3-Excise Tax-
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# 4 HAMILTON’S PLAN
4-Report on Manufactures –
is a classic document in the history of U.S. economic policy. Immigration, factories,
Excise Taxes, Protective Tariffs
Justified by…Implied powers of the Elastic clause
Goal: Build a Capitalist economy
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1790 JEFFERSON & HAMILTON
Hamilton asked Thomas Jefferson to
help him gain Southern support for Hamilton’s Economic plan
So…..
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EXAMPLES OF JUDICIAL REVIEW
Under Chief Justice John Marshall 1801-1835
Marbury vs. Madison= Congress has the power to rule on the Constitutionality of a
law-Declare acts-laws of Congress un-constitutional.
1819 McCulloch v. Maryland- upheld the creation of the 2nd national bank of the
United States
1824 Gibbons v. Ogden-congress has the power to regulate interstate commerce =
Article I, sec 8
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OTHER FAMOUS SC CASES
1819 Dartmouth College v. Woodward
--1816-the state legislature of New Hampshire passed laws that revised the
King’s charter making Dartmouth a Public school
Q--what is protected by the Constitution's "contract" clause
 Answer-SC holds that the Constitution says that a state cannot pass laws to impair a
contract
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OTHER FAMOUS SC CASES
Fletcher vs. Peck-1796 Georgia state legislature sells Millions of acres to investors-land
speculators who paid bribes to many Georgia State legislators
Peck purchased it in 1800 & in 1803 he sold the land to Fletcher
Robert Fletcher, brought suit against John Peck for breach of Covenant =land use agreement
Georgia state legislature wants the land sale contract revoked
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FLETCHER VS. PECK-1796 CONTINUED
SC holds “ No State shall … pass any Bill of Attainder, ex post facto Law, or Law impairing the
Obligation of Contracts …" (Art. I, § 10, clause 1).
ex post facto Law = means after the fact
Bill of Attainder = A legislative act pronouncing a person guilty of a crime, usually treason,
without trial
Fletcher v. Peck was the first case in which the Supreme Court invalidated a state law as
contrary to the Constitution
SC said “the U.S. Constitution prevented a state legislature from rendering a contract null and
void. WHY??
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WHAT IS THE ROLE OF THE SUPREME COURT
Judicial Activism
OR
Judicial Restraint
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LOUISIANA PURCHASE 1803
1803 2x the nation
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FOREIGN POLICY 1800-1823
American Neutrality
GW Farewell Address
XYZ affair1798 –
Anti-French feeling in America-Alien & Sedition Acts
NullificationVirginia & Kentucky declare that any federal law that is unconstitutional can be
declared “Null & Void”
Sectionalism-
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JUDICIAL REVIEW
SC has the power to declare acts of Congress unconstitutional –examples, Marbury v.
Madison
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EARLY SC DECISIONS
McCulloch v. Maryland--Second Bank of the United States was authorized by
Congress to help control the unregulated issuance of currency by state banks.
Significant because it advanced the doctrine of implied powers, or a loose
construction of the Constitution. Chief Justice Marshall
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1824 GIBBONS V OGDEN
Congress has the power to regulate interstate commerce AGAIN a loose interpretation
of the Constitution aka as the elastic clause Article I
Congress shall have Power - To make all Laws which shall be necessary aka the
elastic clause Article I
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McCulloch v. Maryland,
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E PLURIBUS UNUM,
THE MESSAGE CARRIED BY THE AMERICAN BALD
EAGLE.
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E PLURIBUS UNUM,
THE MESSAGE CARRIED BY THE AMERICAN BALD
EAGLE.
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TRANSLATING E PLURIBUS UNUM
"From Many, One" or Out of Many, One" – a phrase that captures the symbolism on
the shield.
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THE GREAT SEAL OF U.S.A.
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FEDERALIST PAPERS
Federalist Papers 85 essays outlining how this new government would operate and
why
essays signed "PUBLIUS"
Alexander Hamilton wrote 52, James Madison wrote 28, and John Jay (Jay’s treaty)
contributed the remaining five.
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BITTER ENEMIES OF CONSTITUTIONAL
INTERPRETATION
Thomas Jefferson & John Adams
Jefferson served two terms as President after defeating the incumbent Adams, then
retired to his home in Monticello. Meanwhile from his retirement farm in Quincy,
Massachusetts Adams began to write long and elaborate letters to his old
adversary. A grudging admiration for each other may have developed in their
later years. Nonetheless, Adams always proclaimed that, though Jefferson was 7
years younger than himself... "I will out live Jefferson."
On his death bed on Independence Day, 1826 John Adams uttered his last
words. They were "Thomas Jefferson survives."
Just a few hours earlier Thomas Jefferson had passed away….both architects of the
document that gave birth to this new Nation dead, 50 years to the day from the
birth of the country they founded.
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RESERVE STATES RIGHTS
Then, to ensure that powers not expressly delegated to the federal government could
still be exercised by the states, the Tenth Amendment was enacted. It reads as
follows:
The powers not delegated to the United States by the Constitution, nor prohibited by it
to the States, are reserved to the States respectively, or to the people.
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