do not confuse declaration of independence with the constitution !!! declaration - when in the...

DO NOT CONFUSE DECLARATION OF INDEPENDENCE WITH THE

CONSTITUTION !!!

• DECLARATION - • When in the course of

human events….• We hold these truths

to be self evident that all men are endowed by their creator with certain inalienable rights …. Life liberty and the pursuit of happiness.

• CONSTITUTION - • We the people of the

United States in order to form a more perfect union, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty for ourselves and our posterity, do ordain and establish

DO NOT CONFUSE DECLARATION OF INDEPENDENCE WITH THE

CONSTITUTION !!!

• DECLARATION– 1776– Jefferson– During war– List of Grievances – Justification for war – Propaganda purposes– Internal / External

Audience– Strength in boldness

• CONSTITUTION– 1787-1789– Madison – After independence– After Shays Rebellion– Plan of government– Practical purposes– Internal audience– Strength in elasticity– Leaves a lot out

War’s over, now what?• Treaty of Paris,

– Negotiations v. reality

• Northwest Territory• Articles of

Confederation• Debt Management• 13 Nations or 1?• Relations with Britain• Relations with other

world powers • Shays Rebellion• Convention of 1787

Preamble

• We the people of the United States in order to form a more perfect union, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty for ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

Executive Branch – The President

• Prez / VP• Head of State• Execute Laws – Put into place• Create Departments – Appoint Heads• Commander in Chief• Approves / Vetos laws (Checks Congress)• Appoints Supreme Court Justices (Checks

Courts)• Appoints lesser Federal Justices

Legislative Branch - Congress

• 2 Houses – House of Reps and Senate• House of Representatives – 2 year term, by

population, initiates bills• Senate – 6 year term, 2 per state, finalizes bills• Confirms presidential appointments, declares

war, controls $, approves treaties• Can impeach President or Supreme Court – only

for a crime!• Can begin Constitutional Amendment process

Judicial Branch – Supreme Court (and other Federal Courts)

• Interprets laws for constitutionality• Judicial Review – Power to rule action or law as

Unconstitutional • Can declare Prez or Congressional Action as

unconstitutional • Role as referee• Lifetime Appointment• Appellate Court • SUPREME COURT IS NOT A TRIAL COURT

Necessary and Proper …

• “To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department thereof.”

• Question of strict interpretation vs. loose interpretation

• Then: Federalists v. Democratic Republicans• Now: Democrats v. Republicans

The Electoral College

• Originally to protect from democracy • Each state has votes for each congressmen and

senator • Votes (electors) apportioned by state

legislatures• Today it is republican (representative democ) • Most states take popular vote then winner takes

all• Some states divide electors by proportion• Favors small states so will not go away.

The “Great Compromise”

• Small states want equal representation

• Big states want representation by population

• Compromise = Bicameral (2 house) Legislature

• Senate = equal for each state• House = by representation• Separation of powers = classic

enlightenment theory

3/5s Compromise

• Slave states want to count slaves as population

• Non - Slave states do not

• Agree to count each slave as 3/5 person

• NOT a compromise about morality of slavery

• Accidentally protects slavery for 70 years

Amending the Constitution

• Must be easy enough but not too easy

• 2/3 of Congress must put forth idea for amendment

• ¾ of states must ratify an amendment

Ratifying the Constitution

• Originally written in secret, very controversial• Many fear it gives too much power to fed gov’t • ¾ of states (9/13) needed for ratification• Federalists v. Anti-Federalists• Federalist papers • Promise to add Bill of Rights

– Why some thought it was needed– Why some did not think it was needed

• Ratification is real 1789

The Bill of Rights

• 1st Religion, Speech, Assembly, Petition

• 2 Bear arms• 3rd Quartering of

Troops• 4th Search and

Seizure• 5th Due Process,

Double Jeopardy, self incrimination

• 6th Right to trial• 7th Civil jury trials• 8th Cruel and unusual

punishment• 9th Rights not defined• 10th Rights of states

Federalist #10 1787

• AMONG the numerous advantages promised by a well constructed Union, none deserves to be more accurately developed than its tendency to break and control the violence of faction.

• The inference to which we are brought is, that the causes of faction cannot be removed, and that relief is only to be sought in the means of controlling its effects.

Federalist #10 1787

• There are again two methods of removing the causes of faction: the one, by destroying the liberty which is essential to its existence; the other, by giving to every citizen the same opinions, the same passions, and the same interests.

• It could never be more truly said than of the first remedy, that it was worse than the disease. Liberty is to faction what air is to fire, an aliment without which it instantly expires. But it could not be less folly to abolish liberty, which is essential to political life, because it nourishes faction, than it would be to wish the annihilation of air, which is essential to animal life, because it imparts to fire its destructive agency.

The Constitution and Beyond

• How do the framers balance democratic ideals v. real world concerns?

• How did the revolution change everyday people’s lives?

• What challenges will face the new government?

• What are the key events / people / decisions of the period?

“if he does that, he will be the greatest man in the world,” George

III 1783

“His Excellency?”“His Mightiness?”

“His Highness”“His Elective Highness”

“His Most Benign Highness”“His Majesty”

“His Highness, The President of the United States, and Protector

of their Liberties”

Washington’s Precedents

• Cabinet• Veto• Whiskey Rebellion• Neutrality • No party

1794

• it is in my judgment necessary under the circumstances of the case to take measures for calling forth the militia in order to suppress the combinations aforesaid, and to cause the laws to be duly executed; and I have accordingly determined so to do, feeling the deepest regret for the occasion, but withal the most solemn conviction that the essential interests of the Union demand it, that the very existence of government and the fundamental principles of social order are materially involved in the issue, and that the patriotism and firmness of all good citizens are seriously called upon, as occasions may require, to aid in the effectual suppression of so fatal a spirit;

• I George Washington, President of the United States, do hereby command all persons, being insurgents, as aforesaid, and all others whom it may concern, on or before the 1st day of September next to disperse and retire peaceably to their respective abodes. And I do moreover warn all persons whomsoever against aiding, abetting, or comforting the perpetrators of the aforesaid treasonable acts; and do require all officers and other citizens, according to their respective duties and the laws of the land, to exert their utmost endeavors to prevent and suppress such dangerous proceedings.In testimony whereof I have caused the seal of the United States of America to be affixed to these presents, and signed the same with my hand. Done at the city of Philadelphia the seventh day of August, one thousand seven hundred and ninety- four, and of the independence of the United States of America the nineteenth.G. WASHINGTON,

From: George Washington’s Farewell Address 1796

• “In relation to the still subsisting war in Europe, my proclamation of the twenty-second of April, I793, is the index of my plan. Sanctioned by your approving voice, and by that of your representatives in both houses of Congress, the spirit of that measure has continually governed me, uninfluenced by any attempts to deter or divert me from it.

• After deliberate examination, with the aid of the best lights I could obtain, I was well satisfied that our country, under all the circumstances of the case, had a right to take, and was bound in duty and interest to take, a neutral position. Having taken it, I determined, as far as should depend upon me, to maintain it, with moderation, perseverance, and firmness.

• The considerations which respect the right to hold this con duct, it is not necessary on this occasion to detail. I will only observe that, according to my understanding of the matter, that right, so far from being denied by any of the belligerent powers, has been virtually admitted by all.

• The duty of holding a neutral conduct may be inferred, without anything more, from the obligation which justice and humanity impose on every nation, in cases in which it is free to act, to maintain inviolate the relations of peace and amity towards other nations.

• The inducements of interest for observing that conduct will best be referred to your own reflections and experience. With me a predominant motive has been to endeavor to gain time to our country to settle and mature its yet recent institutions, and to progress without interruption to that degree of strength and consistency which is necessary to give it, humanly speaking, the command of its own fortunes.

• Though, in reviewing the incidents of my administration, I am unconscious of intentional error, I am nevertheless too sensible of my defects not to think it probable that I may have committed many errors. Whatever they may be, I fervently beseech the Almighty to avert or mitigate the evils to which they may tend. I shall also carry with me the hope that my country will never cease to view them with indulgence; and that, after forty five years of my life dedicated to its service with an upright zeal, the faults of incompetent abilities will be consigned to oblivion, as myself must soon be to the mansions of rest.”

Hamilton and the Economics of a New Nation

• Report on the Public Credit• Report on Manufactures • Import Tariff• Bank of US – Mirrors UK

– Binds creditors to success of gov

• $60m debt– Report on the Public Credit– Report on Manufactures – Most held by states, some to

foreign interests– H nationalizes debt, pays foreign,

delays domestic

John Adams Elected

• H Involved in election• Peaceful Transition• Blow to France• XYZ Affair• Undeclared War • Alien and Sedition

Acts• Virginia and Kentucky

Resolves