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Constitution
A constitution is the fundamental law of the land
-- it creates political institutions
-- it assigns or divides powers in government
-- it often provides certain guarantees to people
-- it provides for amending itself
-- it can be written (like the United States
Constitution) or unwritten (like the British)
-- Before the French and American Revolutions, a
constitution was conceived as something that evolved
from a nations history or practice
Constitution
A constitution is made by the people, and in
democracies this means in a convention. That
means that a constitution is influenced by the
governmental experience and the social and
economic backgrounds of those who attend the
convention.
What type of people tend to benefit when a new
constitution is written?
Nation
United States
Netherlands
Argentina
Canada
Australia
Austria
Ireland
Japan
Italy
Germany
India
Great Britain
Israel
New Zealand
Constitutionalism in America
The Constitutional Convention of 1787 had many
antecedents:
-- The Magna Carta (1215): English lords,
traditionally required to finance a kings
wars, forced King John to sign the
Magna Carta, a document guaranteeing
their feudal rights and setting the
precedent of a limited government and
monarchy
-- The Mayflower Compact (1620): After the
Pilgrims landed at Plymouth, they formed a colony
based on the Mayflower Compact, thus setting a
precedent of a government established by contract
among the governed
Constitutionalism in America
-- The Colonial Charters (1624-1732): The
colonial charters that authorized
settlement of the colonies in America
were granted by royal action
-- The Declaration of Independence (1776):
Members of the Continental Congress
came to view a formal Declaration of
Independence as necessary to give
legitimacy to their cause and establish
the basis for a new nation
-- The Articles of Confederation (1781-1789):
The national government was thought of
as an alliance of independent states, not
as a
government of the people.
Carpenter Hall
Benjamin Franklin
Declaration of Independence
A philosophical justification for independence
-- primarily written by Thomas Jefferson and
heavily influenced by the writings of
John Locke
-- a list of grievances against the King
-- he has . . . . Declaration of Independence - Text Transcript
-- self-evident truths
-- all men are created equal . . . .
1632-1704
Articles of Confederation
In the Second Continental Congress, William Henry Lee proposed
the creation of a new government.
A committee, chaired by John Dickenson, drafted a plan which
was approved in 1777.
This plan became the Articles of Confederation:
-- state sovereignty
-- concentration of powers in a unicameral
legislature which met annually; each state had
one vote and 9 of 13 were needed to adopt laws
-- amendments required unanimous consent
-- national government could adopt resolutions and
issue commands but had no means to enforce
them
Articles of Confederation
Even before the Articles took effect, several leading
statesmen were not pleased
-- Washington, Hamilton, Jay and Madison
believed that the powers conferred on
the national government were inadequate
Nationalists revolutionary war officers, merchants,
holders of certificates of debt
Localists freeland farmers who felt that the central
government was too far away from the
immediate problems of domestic life
Patrick Henry
John Hancock
Thomas Paine
Total Population:
1.8 million
Total Population:
1.6 million
Population in 1790
% Enslaved
Connecticut
237,635
1.1
Delaware
59,096
15.0
Georgia
82,548
34.5
Maryland
319,728
32.2
Massachusetts
378,556
0.0
New Hampshire
141,899
0.1
New Jersey
184,139
6.2
New York
340,241
6.2
North Carolina
395,005
25.5
Pennsylvania
433,611
0.9
Rhode Island
69,112
1.4
South Carolina
249,073
43.0
Virginia
747,550
39.1
Articles of Confederation
Appointed by state
legislatures
Constitution
Representatives elected by the
people; Senators appointed
by state legislatures
Source of Congressional
Pay
States
National Government
Executive
None
President
Judiciary
Body Authorized to settle
disputes between states
Power to coin money
Taxes
Congress
Supreme Court
Articles of Confederation
Constitution
British Rule
DATE OF RATIFICATION
VOTE IN CONVENTION
Delaware
December 7, 1787
Unanimous (30-0)
Pennsylvania
46-23
New Jersey
Unanimous (38-0)
Georgia
January 2, 1788
Unanimous (26-0)
Connecticut
January 9, 1788
128-40
Massachusetts
February 7, 1788
187-168
Maryland
63-11
South Carolina
149-73
New Hampshire
57-47 (2 meetings)
Virginia
89-79
New York
30-27
North Carolina
194-77
Rhode Island
34-32
Tough Fight
Originally Refused