Chapter 3: The Constitution
The Colonial Roots of the Constitution
In the 18th Century, no nation in the world had anything like what the American Constitution was. But the constitution did not just come out of no where, it took a lot of features of colonial politics which led to the drafting of the constitution. Here are the 6 main features that propelled Americans towards the Constitution in 1787:
In the 18th Century, no nation in the world had anything like what the American Constitution was. But the constitution did not just come out of no where, it took a lot of features of colonial politics which led to the drafting of the constitution. Here are the 6 main features that propelled Americans towards the Constitution in 1787:
- Distance from English Authority:
- With the colonies being 3,000 miles away, there was not much influence the authorities back in England had on the Americans, and the English did not seem to care either. This policy of the English ignoring the colonies was known as salutary neglect! This is what allowed the colonies to develop their own political institutions, and only when the English started to meddle in American affairs did the Americans start to revolt.
- Representation
- With the formation of Houses for Colonies to start having representation, the colonists themselves started to demand the right to vote, this arguing for representation also paved the way for the constitution
- Social Mobility
- The plentiful land led to the disassembly of the social classes as ordinary people made their fortunes and would be wealthier than the would be lords and dukes. Economic conditions helped foster a republic
- Covenants
- Some colonies began forming mutual agreements known as compacts or covenants, most notably the Mayflower Compact which was a mutual agreement that governed how the new society was formed, often these were religious
- Individual Rights
- Many new colonists came to the New World to practice their religion, and while there was not always peace, beginning in Rhode Island the revolutionary idea began to emerge: the individuals freedom to practice religion without government influence. This would also pave the way to other rights for citizens
- Violent Boarders
- Boarders were a land of massive violence and dispute and led to many conflicts, which inspired the citizens to adopt a strong central government to enforce
Why the Colonists Revolted
The American Revolution is rooted from the French and Indian War in 1754 where the American militia alongside the British defeated the French in 1763. But 13 Years later the Americans declared Independence and turned their muskets on the British, why? Two Reasons:
The Colonial Complaint: Representation
It was not the exactly the fact that Britain was demanding money from Americans that provoked a revolution, but rather the fact that the British was doing it without the approval of the 13 colonies. This violated the idea of self-rule in which decisions were made through their elected assemblies. If taxes were to be raised, the assemblies were the ones to do it. Colonial assemblies were very responsive to the voters and their daily concerns, which Political Theorists deem the term: Delegate Representation, do what the voters want.
Britain's way of governing followed a Trustee Representation-- in which English Statesman would do what is best for the voters regardless of what they wish.
The Conflict Begins with Blood on the Frontier
After the French and Indian War Americans began to pour westward, but were faced with heavy struggle as Native Indians fought for their land. So to avoid these conflicts, England in the Proclamation of 1763 drew the Appalachian Mountains as the arbitrary boundary that prohibited further movement. But the Americans did not care about the Native Americans and just ignored the regulations that did not suit them, they saw the land as their right. However, now the British Army was in America and had the ability to enforce. In fact, following the Proclamation of 1763 the British created the Quartering Act in 1765 which required colonial assemblies to allow British troops to stay in empty barns and warehouses, this made the American annoyed. The British also enforced mercantilism policies which charged colonists smuggling charges if they were caught doing business with any other nations than Britain.
The Stamp Tax and the First Hints of Independence
While Stamp taxes were a very normal thing in Britain, when Parliament decided to ignore the colonial assemblies and just announce a tax. The Americans responded by meeting and eventually sent 9 delegates to the king and parliament in protest, but they just pushed the Colonies to work together. The protests eventually led to mobs that hung, burned, and beheaded tax collectors. The British were very angry and saw the colonists that refused to pay for their own protection as ungrateful!
The Townshend Acts Worsen the Conflict
Tensions began to ease after Parliament reluctantly lifted the stamp taxes, but Parliament decided to follow up with the Townshend Acts in 1767, which instituted a new round of taxes. This time however, they would collect it through a new colonial authority known as the American Board of Customs, which would collect taxes independent of the colonial assemblies. These acts also suspended the New York State Assembly after refusing to house and supply the British Troops. Americans responded again with meetings, petitions, and mobs. British warships began to arrive, which made up 4,000 Redcoats in a city of 15,000 people. The Boston mobs harassed the soldiers with taunts, rocks, and snowballs. On March 5th of 1770, one detachment of Redcoats panicked and fired point-blank on the crowd, and event known as The Boston Massacre. Paul Revere later memorialized the massacre in an engraving which came to be the most famous piece of anti-military propaganda in American History conveying the British as a line of killers firing into a heroic cluster of civilians. Now that blood had been shed, colonists began to talk of rebellion.
The Boston Tea Party
The British repealed all the Townshend Acts except for a tarrif on tea, which was a global industry and the largest tea exporting company The Est India Tea Company was almost bankrupt. So this tarrif would allow the company to survive. However, when ships arrive in New York and Philadelphia, they were ordered to sail away without unloading their cargo. Boston on the other hand was under the rule of Governor Thomas Hutchinson which was under British Rule Insisted that the ships in Boston harbor not leave until their tea was delivered safely. On the dark December night however, 50 men dressed like Indians boarded on of the ships and hefted $1.5M-$2.5M worth of Tea into the Boston Harbor, this act came to be known as the Boston Tea Party!
Revolution!
British Leaders were furious with what had happened and created the Intolerable Acts which closed the Boston Harbor until the tea was paid for, abolished town meetings, and authorized the quartering of troops in any home in Massachusetts and essentially put the state under military control. Americans refused to submit, and the 12 colonies sent representative to the First Continental Congress in 1774, and petitioned for an end to the Intolerable Acts, a boycott on British goods, and asserted colonial rights to "life, liberty, and property". In 1775 British Commander Thomas Gage sent 1,000 troops to Boston to seize guns and ammunition store at Concord. Armed Colonists who called themselves "Minutemen" blocked the way and came under British fire (8 were killed), but although the British were able to find and destroy the weapons on their way back to Boston the Minutemen hid behind rocks and trees and sniped at them all the way back (300 British were killed).
A Long Legacy
It is important to note that a lot of the Revolutionary images and slogans still very much resonate in American Politics today!
The American Revolution is rooted from the French and Indian War in 1754 where the American militia alongside the British defeated the French in 1763. But 13 Years later the Americans declared Independence and turned their muskets on the British, why? Two Reasons:
- After the War 10,000 English Troops remained in the colonies to "protect", but their existence meant that the days of salutary neglect were over
- Due to the war the English had run up a crushing debt and felt the Americans should help pay it, and their reaction was explosive
The Colonial Complaint: Representation
It was not the exactly the fact that Britain was demanding money from Americans that provoked a revolution, but rather the fact that the British was doing it without the approval of the 13 colonies. This violated the idea of self-rule in which decisions were made through their elected assemblies. If taxes were to be raised, the assemblies were the ones to do it. Colonial assemblies were very responsive to the voters and their daily concerns, which Political Theorists deem the term: Delegate Representation, do what the voters want.
Britain's way of governing followed a Trustee Representation-- in which English Statesman would do what is best for the voters regardless of what they wish.
The Conflict Begins with Blood on the Frontier
After the French and Indian War Americans began to pour westward, but were faced with heavy struggle as Native Indians fought for their land. So to avoid these conflicts, England in the Proclamation of 1763 drew the Appalachian Mountains as the arbitrary boundary that prohibited further movement. But the Americans did not care about the Native Americans and just ignored the regulations that did not suit them, they saw the land as their right. However, now the British Army was in America and had the ability to enforce. In fact, following the Proclamation of 1763 the British created the Quartering Act in 1765 which required colonial assemblies to allow British troops to stay in empty barns and warehouses, this made the American annoyed. The British also enforced mercantilism policies which charged colonists smuggling charges if they were caught doing business with any other nations than Britain.
The Stamp Tax and the First Hints of Independence
While Stamp taxes were a very normal thing in Britain, when Parliament decided to ignore the colonial assemblies and just announce a tax. The Americans responded by meeting and eventually sent 9 delegates to the king and parliament in protest, but they just pushed the Colonies to work together. The protests eventually led to mobs that hung, burned, and beheaded tax collectors. The British were very angry and saw the colonists that refused to pay for their own protection as ungrateful!
The Townshend Acts Worsen the Conflict
Tensions began to ease after Parliament reluctantly lifted the stamp taxes, but Parliament decided to follow up with the Townshend Acts in 1767, which instituted a new round of taxes. This time however, they would collect it through a new colonial authority known as the American Board of Customs, which would collect taxes independent of the colonial assemblies. These acts also suspended the New York State Assembly after refusing to house and supply the British Troops. Americans responded again with meetings, petitions, and mobs. British warships began to arrive, which made up 4,000 Redcoats in a city of 15,000 people. The Boston mobs harassed the soldiers with taunts, rocks, and snowballs. On March 5th of 1770, one detachment of Redcoats panicked and fired point-blank on the crowd, and event known as The Boston Massacre. Paul Revere later memorialized the massacre in an engraving which came to be the most famous piece of anti-military propaganda in American History conveying the British as a line of killers firing into a heroic cluster of civilians. Now that blood had been shed, colonists began to talk of rebellion.
The Boston Tea Party
The British repealed all the Townshend Acts except for a tarrif on tea, which was a global industry and the largest tea exporting company The Est India Tea Company was almost bankrupt. So this tarrif would allow the company to survive. However, when ships arrive in New York and Philadelphia, they were ordered to sail away without unloading their cargo. Boston on the other hand was under the rule of Governor Thomas Hutchinson which was under British Rule Insisted that the ships in Boston harbor not leave until their tea was delivered safely. On the dark December night however, 50 men dressed like Indians boarded on of the ships and hefted $1.5M-$2.5M worth of Tea into the Boston Harbor, this act came to be known as the Boston Tea Party!
Revolution!
British Leaders were furious with what had happened and created the Intolerable Acts which closed the Boston Harbor until the tea was paid for, abolished town meetings, and authorized the quartering of troops in any home in Massachusetts and essentially put the state under military control. Americans refused to submit, and the 12 colonies sent representative to the First Continental Congress in 1774, and petitioned for an end to the Intolerable Acts, a boycott on British goods, and asserted colonial rights to "life, liberty, and property". In 1775 British Commander Thomas Gage sent 1,000 troops to Boston to seize guns and ammunition store at Concord. Armed Colonists who called themselves "Minutemen" blocked the way and came under British fire (8 were killed), but although the British were able to find and destroy the weapons on their way back to Boston the Minutemen hid behind rocks and trees and sniped at them all the way back (300 British were killed).
A Long Legacy
It is important to note that a lot of the Revolutionary images and slogans still very much resonate in American Politics today!
The Declaration of Independence
In May of 1775 the Second Continental Congress met, which faced the job of declaring independence, mobilizing an army, organizing a government, and rallying together 13 colonies which were very different from one another. One year later, Congress voted to adopt a Declaration of Independence as a statement to the world of America's purpose, this statement is split into 2 parts: a statement of principals, and a list of grievances.
The Principle: "We Hold These Truths..."
A single paragraph in the Declaration of Independence distills America's Political Philosophy:
Grievances
The second part of the Declaration of Independence lists 27 grievances against the King of England (King George III). Three complaints dominate the list:
The Revolution can be boiled down to a single slogan "No taxation without representation", and the taxation part isn't even as important as the representation part in which the consent was much more important.
In May of 1775 the Second Continental Congress met, which faced the job of declaring independence, mobilizing an army, organizing a government, and rallying together 13 colonies which were very different from one another. One year later, Congress voted to adopt a Declaration of Independence as a statement to the world of America's purpose, this statement is split into 2 parts: a statement of principals, and a list of grievances.
The Principle: "We Hold These Truths..."
A single paragraph in the Declaration of Independence distills America's Political Philosophy:
- All people are created equal
- Their creator endowed them with rights that cannot be taken away
- These rights include life, liberty, and the pursuit of happiness
- Government derive their just powers from the consent of the governed
Grievances
The second part of the Declaration of Independence lists 27 grievances against the King of England (King George III). Three complaints dominate the list:
- Violation of the right of representation (Makes up 10 of 27 charges)
- Maintenance of a standing army not under civilian control (British solders acted in peacetime without consent of American Legislature)
- Loss of an Independent Court (Violation of traditional Justice)
The Revolution can be boiled down to a single slogan "No taxation without representation", and the taxation part isn't even as important as the representation part in which the consent was much more important.
The First American Government: The Articles of Confederation
Once the United States declared Independence, it liked the 13 colonies in the form of a confederation, or an alliance of independent states. This first government did not last very long, but taught many valuable lessons about effective government.
Independent States
The states organized governments to reflect popular desires, introducing annual elections, extended the right to vote, and opened their legislative deliberations to public view. Many people were still left out, but some states were paving way with states from Massachusetts to Virginia pondering the abolition of slavery. in some states, such as New Jersey women with property were allowed to vote.
The National Government
The Continental Congress approved its first constitution in 1777 called the Articles of Confederation, due to Americans' experiences with England, they decided to keep national government weak and dependent on the states. These Articles gave the name the United States of America, describing the central government as "a league of friendship" among states, each retaining its sovereignty, freedom, and independence. Congress had to wait 3 years before getting approval from all thirteen states for the Articles of Confederation. Each state had a single vote, and important matters required the vote of 9 states. Any changes to the Articles of Confederation required the agreement of all 13 states (today such extra-large majorities are known as supermajorities). The Articles of Confederation created a very weak central government.
Some Success...
The Continental Congress also won a majority policy success when it stopped the squabbling of states over claims to western lands. The Northwest Ordinance of 1787 outlawed slavery in the territory and established a process by which individuals could buy western lands. When an area attracted a minimum number of settlers, it could apply to be a state with ll the same powers and privileges as the existing states. With this, the US established its mechanism for Western Expansion.
...And Some Failures
Once the United States declared Independence, it liked the 13 colonies in the form of a confederation, or an alliance of independent states. This first government did not last very long, but taught many valuable lessons about effective government.
Independent States
The states organized governments to reflect popular desires, introducing annual elections, extended the right to vote, and opened their legislative deliberations to public view. Many people were still left out, but some states were paving way with states from Massachusetts to Virginia pondering the abolition of slavery. in some states, such as New Jersey women with property were allowed to vote.
The National Government
The Continental Congress approved its first constitution in 1777 called the Articles of Confederation, due to Americans' experiences with England, they decided to keep national government weak and dependent on the states. These Articles gave the name the United States of America, describing the central government as "a league of friendship" among states, each retaining its sovereignty, freedom, and independence. Congress had to wait 3 years before getting approval from all thirteen states for the Articles of Confederation. Each state had a single vote, and important matters required the vote of 9 states. Any changes to the Articles of Confederation required the agreement of all 13 states (today such extra-large majorities are known as supermajorities). The Articles of Confederation created a very weak central government.
Some Success...
The Continental Congress also won a majority policy success when it stopped the squabbling of states over claims to western lands. The Northwest Ordinance of 1787 outlawed slavery in the territory and established a process by which individuals could buy western lands. When an area attracted a minimum number of settlers, it could apply to be a state with ll the same powers and privileges as the existing states. With this, the US established its mechanism for Western Expansion.
...And Some Failures
- First issue was that Congress could not raise taxes and had no money of its own since the states were reluctant to provide funds. The Continental Congress had trouble supplying much less paying the army through the Revolutionary War. George Washington would later come to draw the lesson that "The new republic needed a vigorous national government if it was to survive."
- Second, the requirement of unanimity made it impossible to amend the Articles, when Congress tried to fix its financial problems by levying a 5% tax on imported goods, Rhode Island's legislature blocked the proposal. When loans from France an Hollands came to be payed they was no way to pay them. Drawing the lesson that "A vigorous national government needed a stable source of revenue"
- Third, state governments operated dominated by their legislature, which operated without any checks and balances These legislatures would often write and repeal laws to benefit individuals, they forgave debts, they seized private property. Leaders eventually reached yet another conclusion: "Different sources of government power should balance one another, governors should balance legislatures, and the central government should balance the states."
- Fourth, Weak National Government had a difficult time standing up to foreign powers. For examples, Spain closed the Mississippi, Britain's trade policy played the states against one another. Pirates seized ships in North Africa. It drew an obvious conclusion: "a weak central government left the nation vulnerable."
The Constitutional Convention
As Congress thought about reorganizing their new government they also balanced out the two political dangers that they had recently encountered
As congress debated, there were 6 main points they focused on:
As Congress thought about reorganizing their new government they also balanced out the two political dangers that they had recently encountered
- From the Experience of the British officials, that a powerful central government could strip the people of their rights
- Experience with the Articles of Confederation warned them that a weak national government could fail to protect their rights
As congress debated, there were 6 main points they focused on:
- How much Power to the People?
- Delegates of the Constitutional Convention realized that too much democracy was the issue, that people should have little to do with government, they want or lack information and are constantly liable to be misled. James Madison proposed that citizens elect public officials these members would then vote at the House of Representative. This process was known as filtration or indirect elections
- National Government vs. State Government
- Delegates followed Madison's plans for a new government that took power vested it in strong national government consisting of supreme legislature, executive, and judiciary. This would shift most governing authority to national government. Many did not like the idea that the state government was almost being cut out, and my delegates walked out of the convention. Eventually they came to the agreement for a system that included both national and state power. A mixed system with a stronger national government that leaves considerable power with the state governments is known as Federalism.
- Big States vs. Small States
- Large states argued that representation should be based on population, small states wanted an equal voice, there were two plans:
- The Virginia Plan
- Congress should have 2 chambers known as bicameral legislation (House and Senate) with representation based on population
- Number of representatives based on population, the House of representatives would vote on senators from a list of candidates provided by the state legislature
- Congress shall elect the president, this part was vague and Madison had not made up his mind if it was a single person or a committee
- A national judiciary with one or more supreme courts, judges have lifetime tenure
- Congress could override legislature of states if deemed incompetent. Council of Revision made up of the President and the supreme court which had the ability to nullify any state law
- The New Jersey Plan [Only 3 states came to vote for it]
- Congress should have 1 chamber known as unicameral legislation, each state should have only 1 vote. Congressional acts should act as the law of the land, making constitution much more powerful than the articles
- Congress should elect a committee to serve as the federal executive for one term only
- Executive committee would select a supreme court which would be responsible for foreign policy, economic policy, and the impeachment of federal officials.
- The National Government could tax the states and would have exclusive rights to tax imports
- The Connecticut Compromise [Slid through with 5/9 votes]
- Delegates decisively approved the Virginia Plan's bicameral Congress with a House and Senate. They voted for house representatives by population, and then these representatives would vote for senators. But this had a problem, essentially this would mean that large states would win the debate.
- When it came time to vote, some of the delegates had slipped out and now the two Plans were tied.
- They created a compromise where the house was based on population, but the senate would have 2 representatives for each state chosen by the state legislature.
- This makes it so larger states win the house of representatives, and the smaller states got their way into the senate
- The President
- Committee or Individual
- Worried single individual would get too powerful, but since the Connecticut Compromise opened states the ability to have state politics which was the issue with the Articles, they saw a single individual better as a single representative for the people
- The Electoral College
- Did not think people had enough information or wisdom. Did not trust state legislature either to put their self concerns aside
- Electoral college would be made of select individuals with sound judgement-- and the electors would then choose the president, state legislators would vote in the electors(this would eventually be a power given to the people to vote)
- President too Strong or too Weak?
- Not too much went into this as they knew the person who would be the first president in the room
- Committee or Individual
- Separation of Powers
- Checks and balances between branches, one branches' ambitions would always be checked by another branches' ambitions
- Congress has the power to decide to declare war and set the military's budget
- President negotiates treaties needs a 2/3 vote
- President appoints Cabinet and Supreme Court, but Senate must approve
- Congress holds ultimate power over all federal officers
- House can impeach the president or any officer in the executive or judicial branch of "treason, bribery, or high crimes"
- "A principle of Which We Were Ashamed"
- Slavery was a heated issue, but at the end of the day they wanted a strong union more than they hated slvery
- Three-Fifths Compromise
- How to count slaves when allocating seats for the house of representatives (40% of Virginia's population were slaves)?
- Total number of slave is 3/5 of the free people of the state.
- Constitution never mentions slaves, but rather "other persons", it was a principle of which they were ashamed of
- The Virginia Plan
- Large states argued that representation should be based on population, small states wanted an equal voice, there were two plans: