constitutional foundations--history

CONSTITUTIONAL FOUNDATIONS

The HistoryBarbour and Wright, Chapter 2

Sunday, February 8, 2009

IDEOLOGICAL UNDERPINNINGS

English Civil War (1640-1651)

Armed and political conflicts between monarchists and parliamentarians

Constitutional issue between a king claiming divine right and Parliament professing itself to have rights and privileges and claiming sovereignty

Algernon Sidney, John Milton

Natural rights, representative government, process, and individualism


EARLY COLONISTS

Jamestown, Virginia 1607

Pilgrims, Plymouth Colony 1620

Puritans, Massachusetts Bay Colony 1629

Middle Colonies: Dutch, German, Irish, English immigrants

Southern Colonies: private ventures

Spanish and French territories


FRENCH AND INDIAN WAR

1754-1763

Native Americans fought mainly with the French with the exception of Iroquois

Lead to British territorial gains


FRENCH AND INDIAN WAR

To pay for colonial defense, Britain increased taxes and trade profits

Sugar Act, Stamp Act, Townshend Acts, Tea Act


TAXATION AND REPRESENTATIONPost-war economy

Increased taxes

No representation in Parliament

Distance and isolation from Britain

Existing tradition of self-governance

Boston Tea Party 1773

Coercive (Intolerable)Acts 1774


DECLARATION OF INDEPENDENCE

Continental Congress formed

Jefferson writes Declaration

Virginia Declaration of Rights

John Locke’s Second Treatise on Government

Unalienable rights and justification for revolution

Language meant to unify large numbers of colonists

Who was left out?


REVOLUTIONARY WAR 1775-1783

Americans lacked professional army/navy

Each state had militia lacking arms, training, uniforms

American casualty estimates at 50,000

Spent approx. $150 million fighting (modern equivalent of $74 billion)


ARTICLES OF CONFEDERATION

Articles of Confederation drafted (1777) and officially passed (1781) by Constitutional Congress

League of friendship between states

Fought a war against big government—didn’t want another

Protection of states rights



Problem 1: Sovereignty

States retained sovereignty—ultimate legal authority of government

Included authority over war and peace and foreign affairs

Post-war national security threats: English, Spanish, Native Americans

Problem 2: No executive

No president, prime minister or king; only weak Congress



Problem 3: No taxation authority

To the colonists, taxation equaled tyranny

Congressional representatives committed states to give money, but states didn’t follow through

Confederation’s treasury was empty; couldn’t pay soldiers

No money for defense, infrastructure, etc.



Problem 4: Economy

Economy troubled from war including massive debt, mostly financed by European nations

States added taxes as goods moved through them to other markets making them expensive

Each state printed and valued its own currency

Post-war recession devolved into depression


SHAYS REBELLION

Economy worsened to the point where people were losing their homes, businesses and land

States passed debtor relief laws, but Massachusetts legislature would not

Farmers in Western Massachusetts rebelled for over 1 year

Mobbed courthouses and judges to stop them from imposing foreclosure notices


CONVENTIONMAY, 1787

States worried Shays-type rebellions would happen elsewhere and if something wasn’t done, Revolutionary War would have been for nothing

12 states sent 74 delegates to Philadelphia to discuss revisions to Articles of Confederation

Rhode Island

55 delegates showed up; 35 there consistently; 20 did most the work

No public intention of drafting new constitution —treasonous

Conventioneers wary of stronger national government that would limit states’ sovereignty and power


DELEGATES

James Madison

Contributions to writing, recording; Virginia Plan

Benjamin Franklin

Alexander Hamilton

George Washington

Added respect and legitimacy to the convention

Missing?: Thomas Jefferson, John Adams, Patrick Henry


CONVENTION RULES

Recognized that each state had different views, values, agendas and interests

Vow of secrecy

Freedom for open discussion; less vulnerability to attack

No vote was binding

Any motion had to have a second to be discussed


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