2. The ConstitutionThe Road to Independence: A Legacy of Self-GovernanceThe Road to Independence: Dismantling Home RuleThe Road to Independence: The Continental CongressesSlide 5The Road to Independence: The Declaration of IndependenceAmerica’s First Constitution: The Articles of ConfederationThe Articles of Confederation: The Confederation at WarSlide 9Drafting a New ConstitutionDrafting a New Constitution: Philosophical InfluencesDrafting a New Constitution The Virginia and New Jersey PlansSlide 13Drafting a New Constitution The Great CompromiseDrafting a New Constitution Designing the Executive BranchDrafting a New Constitution: Designing the Judicial BranchDrafting a New Constitution: Amending the ConstitutionThe Fight for RatificationThe Fight for Ratification: The Federalist and Antifederalist DebateThe Fight for Ratification: The Influence of The FederalistTheory Underlying the ConstitutionTheory Underlying the Constitution: Federalist No. 10Theory Underlying the Constitution: Federalist No. 10Slide 24Theory Underlying the Constitution: Federalist No. 51The Constitution: Born of Sweet Reason or Politics?2. The ConstitutionThe Road to Independence:A Legacy of Self-Governance•Role of popularly elected legislature –control of purse strings–dominance of other institutions •Politicians experienced in negotiating collective agreements•Knowledge of constitutional writing •Home rule –experience with local affairs, but not collective action between colonies–strains during French and Indian War (1754-1763)–Albany Congress 1754The Road to Independence:Dismantling Home Rule •Britain broke by end of French and Indian War–colonists required to share burdens (taxes) –Britain asserted power to impose taxes–Britain began to violate home rule in colonies •Stamp Act of 1765–imposed taxes on all printed material–first non-self-imposed tax on the colonies–inspired the colonists to organize and demonstrateThe Road to Independence:The Continental Congresses•First Continental Congress–Declaration of American rights reasserted home rule and endorsed agreement to ban trade with Britain until it rescinded unwanted taxes and regulations –“committees of observation” •enforced boycotts against possible free riding•provided a base for statewide conventions that became de facto governments•collected taxes, raised militias, passed “laws” forbidding the judiciary from enforcing British decrees, and selected delegates to Second Continental CongressThe Road to Independence:The Continental Congresses•Second Continental Congress–war broke out in Spring 1775 •Lexington and Concord–acted as a national government, but lacked legal authority to conduct war–instructed the conventions to reconstitute themselves as state governments based on republican principles–most states adopted bicameral legislatures and created governorships–issued the nation’s first bonds and established a national currencyThe Road to Independence:The Declaration of Independence•Thomas Paine’s Common Sense was published in January 1776. •Richard Henry Lee called for the creation of a new nation separate from Britain in June 1776.•The committee of delegates charged Thomas Jefferson with drafting a proper resolution. •The delegates made slight changes to the centerpiece of the document and amended the list of grievances. •All members of the Second Continental Congress signed the Declaration of Independence on July 4, 1776.America’s First Constitution: The Articles of Confederation•The Second Continental Congress proceeded to create a new government.•It created a new, permanent Congress with each state having one vote.•Major laws required the endorsement of 9 of 13 states. •Amending the Articles of Confederation required unanimous agreement.•The delegates sought to replicate the home rule they had lostThe Articles of Confederation:The Confederation at War•States–chiefly responsible for recruiting troops and outfitting them for battle •National military command–organize fighting force•Congress –could borrow money, but could not tax–no administrative branch, so had to do all the work, including requisitioning the army•Many difficulties during the war–most difficult was that Congress labored under a constitution designed to frustrate national actionAmerica’s First Constitution: The Articles of Confederation•The Confederation’s Troubled Peace•a war-torn economy•trade barriers at home and abroad•popular discontent over economic depression•Shays’s RebellionDrafting a New Constitution•In 1787, the 55 delegates met in Philadelphia. •Delegates drew on their shared experience of war and its aftermath.•Delegates were conversant in the ideas and theories of the Enlightenment. They were influenced by advances in science.•Scholars, as well as American politicians, sought to understand “natural laws,” which governed economics, politics, and morality.Drafting a New Constitution:Philosophical Influences•John Locke•Sir Isaac Newton•Charles, Baron de Montesquieu•David Hume•Thomas Jefferson•James MadisonDrafting a New ConstitutionThe Virginia and New Jersey Plans•Virginia Plan: Madison and Nationalist Colleagues •Bicameral legislature–members of the lower chamber apportioned among the states by population and directly elected.–lower chamber would elect members of the upper chamber from lists generated by the state legislatures•Veto power over states•Use of military power if states did not fulfill obligations•Council of RevisionDrafting a New ConstitutionThe Virginia and New Jersey Plans•The New Jersey Plan: William Paterson and States’ Rights Supporters•Hastily drafted response to Virginia Plan–failed to propose the organization of the executive and judiciary–kept same composition and selection of Congress as it functioned under the Articles of Confederation–gave Congress the power to tax–allowed a simple majority to enact national policy as compared to a supermajorityDrafting a New ConstitutionThe Great Compromise•Each side got one of the two legislative chambers fashioned to its liking:–The upper chamber (Senate) would be composed of two delegates sent from each state legislature who would serve a six-year term.–Madison’s population-based, elective legislature became the lower chamber (House of Representatives). •Unanimous agreement rule gone–majority required to