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| The British government faced financial problems because of the expenses it has incurred in defense of the colonies. The British regime imposed the Stamp Act and other taxes on commerce, such as the Sugar Act of 1764. |
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| A confrontation between the colonists and British soldiers, killing five colonists and wounding eight others; it was used by radicals to fan anti-British sentiment. |
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| In 1773, the British government granted an East India Company a monopoly on the export of tea from Britain, eliminating a lucrative form of trade for colonial merchants. This posed a threat to the New England merchants. This set into motion a cycle of provocations and retaliations that in 1774 resulted in the convening of the first Continental Congress. |
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| Declaration of Independence |
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| Written by Thomas Jefferson and adopted by the Second Continental Congress. Philosophically it asserted "unalienable rights" including life, liberty, and the pursuit of happiness. Politically it focused on problems, grievances, and principles that might unify the various colonial groups. |
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| Articles of Confederation and Perpetual Union |
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| The U.S. first written constitution: limited powers of central government, no independent judiciary or executive branch, confederation of equal states. It was the country's operative constitution for almost twelve years. |
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| Failure of the Articles of Confederation |
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| Failed to solve collective dilemmas, especially collective action problems among the states, and the competition among the states for foreign commerce. |
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| Daniel Shays led a rebellion against the government of Massachusetts. The rebellion concentrated attention, coordinated beliefs, and produced widespread fear and attention prompting collective action. |
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| Constitutional Convention |
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| 29 state delegates met in Philadelphia in 1787 after political strife, international embarrassment, and local rebellion. The goal was to resolve collective dilemmas, promote commerce, and protect property from radical state legislatures. |
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| Proposed by Edmund Randolph, the plan provided a system of representation in the national legislature based on the population of each state or its revenue contribution; favored large states. |
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| Proposed by William Patterson, the plan provided equal representation in each states regardless of population; favored small states. |
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| The Great Compromise (Connecticut Compromise) |
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| Created a bicameral legislature with two branches of Congress, in which the House would be apportioned by population and the Senate would have equal representation. |
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| Conflict between Southern planters (slave states) and New England merchants (non-slave states): were slaves property or citizens and counted towards population in the House? The result was that five slaves were counted as three people. |
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| The 6 Formal Features of the Constitution |
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Definition
(1)Presidency
(2)Separation of Powers
(3)Checks and Balances
(4)Federalism
(5)Supremacy Clause
(6)Bill of Rights (first ten Amendments to the Constitution) |
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| Based off of the three separate and distinct branches of government, different methods of selecting government personnel, and checks and balances. Prevents power accumulation in one branch. |
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| A system in which each of the branches is given some power over the others. Examples: power of the president to veto legislation, the power of the Senate to approve presidential appointments, and the power of the Supreme Court to review acts of Congress. |
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| A system of two sovereigns, the states and the nation, that encouraged competition that would effectively limit the power of both. Compared with the Articles of Confederation, this was a step towards greater centralization of power. Constitutional Provisions: Elastic Clause ("Necessary and Proper") and the Tenth Amendment (all powers not enumerated are reserved to the states). |
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| National Laws and treaties "shall be the supreme Law of the Land." This means that all laws made by the national government are superior to those adopted by any state. |
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| Limited government: protected fundamental "inalienable" rights from government action. First ten Amendments to the Constitution; Antifederalists demanded it be added. |
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| Article I of the Constitution provided for a Congress consisting of two branches, the House and the Senate. The two chambers are assigned somewhat different tasks, specific powers of Congress include the authority to collect taxes, borrow money, regulate commerce, declare war, and maintain an army and navy. |
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| Members are given two-year terms and are elected directly by the people. The House is given the sole power to originate revenue bills. Designed to be directly responsible to the people, to encourage popular consent for the Constitution. However to guard against "excessive democracy" the power of the House is checked by the Senate. |
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| Members are appointed by the state legislatures for six-year terms, allowing only one-third of senators to be selected at a time to guard against changes in popular preferences in states. The Senate along is given the power to ratify treaties and approve presidential appointments. |
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| The Constitution grants only those powers specially expressed in its text. |
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| Necessary and Proper Clause (Elastic Clause) |
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| The enumerated powers are meant to be a source of strength to the national government, provides that Congress may make all laws "necessary and proper" to carry them out. However, any power not enumerated is conceived to be "reserved" to the states (or the people). |
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| Article II of the Constitution provides for the establishment of the presidency. The president was afforded a measure of independence from the people and from the other branches of government, and expected to make timely decisive action to deal with public issues. The president is granted the power to accept ambassadors, recognize other countries, negotiate treaties, grant reprieves and pardons, appoint major departmental personnel, convene Congress in special session, and veto congressional enactments. |
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| Allows for the president to be appointment through indirect election. Reflects the dual nature of representation under the Constitution. |
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| Established by Article III, the Supreme Court was created in order to resolve any conflicts between federal and state laws. Also the court is assigned jurisdiction over controversies between citizens of different states. The president appoints judges to be approved by the Senate. |
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| The power of the courts to render the final decision when a conflict of interpretation of the constitution or of laws arises between the courts and Congress, the courts and the executive branch, or the courts and the states. This power was assumed by the Supreme Court. |
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Amendments to the Constitution
(Article V) |
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| Nearly 10,000 proposed, and only 27 passed. Requires two-thirds vote in the House and Senate, then ratification by majority vote of the legislature of three-fourths of the states. |
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| Article VII of the Constitution states that nine states are required to ratify. Antifederalists evenly split, so the Federalists had the advantage. Ratified in 1789. |
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| The were property owners and merchants who favored a strong central government. They believed that "excessive democracy" was dangerous and that the elites were best fit to govern. Led by Hamilton, Madison and Washington. |
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| Were small farmers, debtors and shopkeepers who favored a state-centered government and protection of individual rights. They believed that government should be close to the people and that power in the hands of the elites was dangerous. Led by Patrick Henry, and George Mason. |
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