“If he does that he will be the greatest man in the world” George III 1783

James Peale, “The Artist and His Family” 1795

Republican Virtue /Republican Motherhood•Republican society MUSTbe more virtuous to succeed•Women / mothers job is totransmit republican values

But the United States assembled shall never impose or levy any Taxes or Duties, except in managing the Post-Office, nor interfere in the internal Police of any Colony, any further than such Police may be affected by the Articles of this Confederation. The

United States assembled shall never engage the United Colonies in a War, nor grant Letters of Marque and Reprisal in Time of Peace, nor enter into Treaties or Alliances, nor coin Money nor regulate the Value thereof, nor agree upon nor fix the Sums and Expences necessary for the Defence and Welfare of the United Colonies, or any of

them, nor emit Bills, nor borrow Money on the Credit of the United Colonies, nor raise Naval Forces, nor agree upon the Number of Land Forces to be raised, unless the

Delegates of nine Colonies freely assent to the same: (13) Nor shall a Question on any other Point, except for adjourning, be determined, unless the Delegates of seven

Colonies vote in the affirmative.

No Person shall be capable of being a Delegate for more than three Years in any Term of six Years.

No Person holding any Office under the United States, for which he, or another for his Benefit, receives any Salary, Fees, or Emolument of any Kind, shall be capable of being

a Delegate.

(The Articles of Confederation)

The Articles of Confederation• “that government is best

which governs least” T. Paine

• Instituted during the war by the 2nd Contintental Congress

• No power to tax• Uni-cameral• Need 13/13 to amend• Cannot coin money• Cannot regulate trade• Northwest Ordinance• Shays Rebellion

Convention of 1787• Annapolis convention of 1786 – agree to

next meeting • Meet to amend the Articles• Quickly decide need a whole new plan• Secret Meetings • Questions must be answered

– Representation – How many votes per state?– Slavery – Allowed or outlawed?

Population?– How do you keep strong gov from getting too

strong?– How do you make it last?– Bill of Rights – Necessary or not?

• Balancing of Enlightenment ideas on Gov:– Locke: Social Contract – Montesquieu: Separation of Powers

The Constitutional Convention

• Convened to amend articles• All proceedings secret• RI not in attendance• Washington as

administrator, not partisan• Franklin, Dickinson,

Sherman, Mason – old guard

• No Jefferson, Adams, Henry– “I smell a rat”

• Stars: Hamilton, Madison, - youth

Constitution defined• CONSTITUTION - The fundamental law of the state, containing the

principles upon which the government is founded and regulating the divisions of the sovereign powers, directing to what persons each of these powers is to be confided and the manner it is to be exercised. E.g., the Constitution of the United States.

The words constitution and government are sometimes employed to express the same idea; the manner in which sovereignty is exercised in each state. Constitution is also the name of the instrument containing the fundamental laws of the state.

By constitution, the common law writers mean some particular law; such as the constitutions of the emperors contained in the Code.

• From www.lectlaw.com Electronic Law Library

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

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.

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 population

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

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.”

• Then: Federalists v. Democratic Republicans

• Now: Democrats v. Republicans

Legislative Branch - Congress

• Main Job – Make the Laws • Who is it?

– 2 Houses – House of Reps and Senate– House of Representatives – 2 year term, by population, 25 yrs

old– Senate – 6 year term, 2 per state, 30 yrs old

• POWERS– Senate - Confirms presidential appointments, approves treaties – Congress in general declares war, controls $, – Can impeach President or Supreme Court – only for a crime!– Can begin Constitutional Amendment process

Executive Branch – The President

• WHO IS IT?– Prez / VP– 4 year term (only 2) Must be lifelong citizen + 35 yrs old

• Main Job = Execute Laws – Put into place– Also - Head of State

• Powers– Create Departments – Appoint Heads– Conduct foreign affairs – Commander in Chief– Approves / Vetos laws (Checks Congress)– Appoints Supreme Court Justices (Checks Courts)– Appoints lesser Federal Justices

Judicial Branch – Supreme Court (and other Federal Courts)

• Who Is It?– Supreme Court and other Federal Courts– Anybody can be selected – Serve for life

• Main Job - Interprets laws for constitutionality (referee

• Powers – – Judicial Review – Power to rule action or law as Unconstitutional – Can declare Prez or Congressional Action as unconstitutional – Role as referee

• Appellate Court • SUPREME COURT IS NOT A TRIAL COURT

Official Census of 1790State Population Connecticut 237946

Delaware 59096

Georgia 82548

Maryland 319728

Massachusetts 378787

New Hampshire 141885

New Jersey 184139

New York 348120

North Carolina 393751

Pennsylvania 434373

Rhode Island 68825

South Carolina 691737

Virginia 747610

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 speedy trial / Due Process

• 7th Civil jury trials• 8th Cruel and unusual

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

What amendment? Violation?

• A murder is committed Tuesday night. The suspect is a white male in his 30s. On Friday Timmy (a white male in his 30s) has his house searched by the police for evidence. They search his house because he cannot account for his whereabouts on Tuesday night.

Civil Rights violation?

• A bank is robbed at 2:30 on a Thursday afternoon by a white man in his 30s. At 2:35 a white man is seen running from the direction of the bank carrying a duffle bag. Police stop the man, and demand to search the duffle bag.

What amendment? Violation?

• Vandalism has been a major problem in Timmyville this year. On Friday, a window is smashed at the school. Timmy admits to the crime. The judge sentences Timmy to 5 years in jail to send a message to the community, and to try to stop the wave of vandalism.

What amendment is at stake?

• A man is accused and tried for murder. The primary evidence is the murder weapon that was found in the man’s dresser. The judge rules that the search that led to the murder weapon was conducted illegally. The case is dismissed. A year later, new evidence arises in the form of a witness emerges who can prove that the man was guilty.

What amendment? Violation?

• The Ku Klux Klan books a hotel ballroom for a Saturday afternoon. They hold a rally in the hotel during which many speakers give hate filled speeches about their views.

What amendment?

• The Ku Klux Klan sets up a table outside of the front door to the school. While the students are coming and going the Klansmen shout slogans at them, and try to make them take pamphlets.

Const / Fed Gov – Issues and Considerations

• Electoral College – How’s it work?

• Slavery and the Constitution?

• Is it fair for RI, DE, WY to have 2 Senators?

• Federal Supremacy over states

• Most important? – Fed, State, Local?

• Gov and the economy – Fiscal (tax etc) and monetary (int rates etc) policy

• 2016 Elections, people, timetable

Who are key gov people today?

• Pres• V Pres• Speaker of House• Senate Majority

Leader• Chief Justice of

Supreme Court• Sec State

Sec Def• Sec Treas• AG• Chairman of the Fed• Gov of MA• Sen for MA• Congr for NA• Gov system of NA

Federalist #10 - Questions• Read the intro. • Answer the following:

– Who published the Federalist Papers and for what was the goal of them?

– Why do you think the authors’ chose to publish the papers anonymously?

– Why do you think they chose the name of a Roman Senator as the fake author of the Federalist Papers?

• Read the excerpts from Federalist #10• Answer the following:

– What is the main point that the author is trying to make?– What worries is the author trying to alleviate?– Pick one quote that you think is the most important point: explain what

that it means and why it is important.

The Federalist Papers - Intro

• The Federalist Papers were among the most important products of the Federalist-Antifederalist debate over the ratification of the U.S. Constitution. Written under the pen-name of Publius (a Roman statesman), the essays were the collective product of Alexander Hamilton, James Madison, and John Jay. Originally published in New York newspapers between October 27, 1787 and August 16, 1788, these 85 essays in explication and defense of the new Constitution were later published as a two-volume work and circulated in other states, especially Virginia, during ratification debates.

• They argued that a good constitution would create a balance between liberty and stability. (The Social Contract)

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.