Hogan's History- Establishing the U.S. Government

Birth of a Nation

Establishing a Government

Articles of Confederation

First national body of laws adopted by the US following its

declaration of independence.

It proved ineffective because it did not give enough power to

the national government.

Daniel Shay's Rebellion Rebellion of farmers in Massachusetts which arose in protest to state taxes in

the midst of a national financial crisis.

It demonstrated the need to revise the Articles of Confederation.

How the Enlightenment Affected Politics and Government

The Enlightenment, or Age of Enlightenment, rearranged politics and

government in earthshaking ways. This cultural movement embraced several

types of philosophies, or approaches to thinking and exploring the world.

Generally, Enlightened thinkers thought objectively and without prejudice.

Reasoning, rationalism, and empiricism were some of the schools of thought

that composed the Enlightenment.

John Locke

The English philosopher and political theorist who laid much of the groundwork

for the Enlightenment. His political theory of government by the consent of the

governed as a means to protect “life, liberty and estate” deeply influenced the

United States’ founding documents.

Locke believed these things:

• Men were basically good.

• Men were born free before governments existed.

• All men had rights such as life, liberty, and

ownership of property.

• Government was legitimate only as long as

people continued to agree to be governed.

Jean Jacques Rousseau

A French political philosopher who published The Social Contract in 1762,

which outlined his philosophy of government.

Rousseau believed that sovereign power resides in the citizens and that the

government gets its authority from the consent of the governed. This was a

radical doctrine in a country where the king ruled by divine right.

“Man was born free, and he is everywhere in

chains.”

Jean-Jacques Rousseau

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“People who know little are usually great

talkers, while men who know much say

little.”

Jean-Jacques Rousseau

Constitutional Convention In 1787, a delegation met in Philadelphia to revise the Articles of Confederation.

All the delegates in attendance (only Rhode Island did not send representatives.

The delegates were selected by their states and met in Philadelphia

More than fifty delegates from twelve of the original thirteen colonies

met to begin writing the Constitution of the United States. They were

educated, patriotic, and experienced men, ranging from the ages of 40

to 81. Benjamin Franklin was the oldest delegate. Some men were

landowners and some were lawyers or judges. This group is

sometimes called the "Founding Fathers." There were no women or

minorities.

United States Constitution

National body of laws adopted in 1787 that replaced the Articles of Confederation.

Gave more power to the national government.

Some big names were absent from

the Constitutional Convention.

When Thomas Jefferson gushingly

called the Constitutional

Convention delegates “an assembly

of demigods,” he wasn’t being full

of himself. Jefferson was not

among the founding fathers who

gathered in Philadelphia; he was in

Paris serving as minister to France.

John Adams was also abroad,

serving as minister to Great

Britain. Samuel Adams, John

Hancock and Patrick Henry—who

turned down an invitation because

he “smelt a rat in Philadelphia,

tending toward the monarchy,”

also did not participate.

New Jersey Plan

Called for three branches of government, but it wanted the legislative

branch to consist of only one house with each state getting a single vote.

Virginia Plan

• Proposed a federal government made up of three branches.

• The greater a state's population, the more representatives it would

have.

Great Compromise

Established a legislative branch with two houses.

The two houses would comprise Congress.

• One house, called the House of Representatives,

would be elected directly by the people and each state granted a certain

number of seats based on population.

• The other house, called the Senate, would be elected by state legislatures

with each state having two senators, regardless of population.

Slave Trade Compromise

Northerners opposed the slave trade.

Southerners insisted that their economy could not survive without the slave

trade.

A compromise was reached by stating that Congress could not prohibit the

slave trade for 20 years (until 1808). But after which time Congress could

impose regulations.

Three-Fifths Compromise

Slaves made up one-third or more in many southern states. A compromise

was reached which stated that each slave would count as 3/5 of a person

when considering representation in Congress.

Montesquieu

Montesquieu believed that political liberty could best be preserved if the

executive, legislative, and judicial branches of government had equal power

and authority.

The theory of separation of powers would become an important element of the

U.S. Constitution.

Separation of Powers

Divides authority to govern between different branches of government.

Checks and Balances

Powers given to each branch that allow each branch to check the powers

of the other two.

Legislative Branch

Responsible for making the laws of the country.

Executive Branch

Responsible for enforcing the laws and is headed by the president of the

United States.

Judicial Branch The federal court system whose role is to make sure the laws are applied fairly

and appropriately.

U.S. Supreme Court

Serves as the highest court in the land.

Federalists

Political faction and eventually a political party that favored a strong central

government, supported ratification of the Constitution, and held to a "loose

interpretation" of the Constitution.

Anti-Federalists

Political faction and eventually a political party that opposed a strong

central government, did not support ratification of the Constitution, and

held to a "strict interpretation" of the Constitution.

Federalist Papers

Essays that were written to persuade New York's legislature to ratify the

Constitution by easing fears that the document left the government

Susceptible to any one faction seizing too much power.

Must include a Bill of Rights

Levying Taxes Congress has the right to levy taxes on individuals.

Federal Courts Court system created to handle issues between citizens and

states.

Regulation of Trade Congress has the right to regulate trade between states.

Executive Executive branch headed by a president who chooses a

cabinet and checks the power of the legislative and judicial

branches.

Amending documents 2/3 of both houses of Congress plus ¾ of state legislatures or

national convention.

Representation of states Upper house (Senate) 2 votes.

Lower House (House of Representatives) based on

population.

Raising an army Congress can raise an army to deal with military situations.

Interstate commerce Interstate commerce controlled by Congress.

Disputes between states Federal court system to handle disputes.

Sovereignty (power or authority) Constitution is the “Supreme Law of the Land.”

Passing laws 50% of both houses plus the signature of the President.

Constitution

James Madison

Federalist leader who played a key role in drafting the Constitution and is

often referred to as the "Father of the Constitution."

Bill of Rights

The first ten amendments (additions) to the Constitution and its purpose is to

protect citizens' rights and maintain limited government

First Amendment Guarantees citizens' rights for:

Freedom of Speech

Freedom of the Press

Freedom to Petition the Government

Freedom to Assemble

Freedom of Religion.

Freedom of Speech

Freedom of Religion

Freedom to Petition the Government

Freedom to Assemble Freedom of the press

Second Amendment

Guarantees the right to bear arms.

Third Amendment

Restricts quartering (housing) of federal troops in the homes of U.S. citizens.

Fourth Amendment

Protects citizens against unreasonable searches and seizures.

Fifth Amendment

Ensures that no person shall be imprisoned or deprived of their property

without due process.

Double Jeopardy

• A person cannot be tried for the same crime more than once.

Self-Incrimination

• Defendants cannot be forced to testify against themselves in court.

Eminent domain

• The government cannot take a citizen's property without paying "just compensation"

Sixth Amendment

The right to a public and speedy trial by jury:

Trial by jury simply means that a group of an accused person's peers

decides his or her guilt or innocence, rather than a single government

official.

This amendment also guarantees the right to legal representation (a

lawyer) and the right to call and confront witnesses.

Seventh Amendment

Right to a trial by jury to civil cases as well (i.e., when one person

sues another for money).

Eighth Amendment

Prohibits the government from imposing excessive bail or fines.

Bail- Money an arrested person must pay to get out of jail until the date

of his/her trial.

Fines- Amounts of money imposed as punishment for a crime one has

been found guilty.

Ninth Amendment

States that the rights specifically mentioned in the Bill of Rights are not

necessarily the only ones enjoyed by the people.

Tenth Amendment

Those powers not restricted by the Constitution, nor delegated to the US

government, are reserved for the states.