Early colonization:
- The first representative assembly, Virginia's House of Burgesses, was created in 1619.
- By 1732, 13 colonies had been established with basic government institutions.
Each colony's fledgling governmental institutions respected a commitment to self-rule, popular consent, and respect for law.
Economic distress:
- The economic progress of the colonies was limited by British policies.
- The cost of defending the colonies led Britain to impose unpopular taxes.
- The First Continental Congress (1774) urged a boycott of British goods.
- American and British forces clashed in 1775.
Declaration of Independence (1776):
- The Declaration asserted ideas of natural rights and the equality of all men.
- Political participation was limited to free male property holders.
- It served as a declaration of war and tool to rally support for revolution.
THE BIRTH OF A NATION
Articles of Confederation:
- Recognized states as sovereign, limiting powers of central government
- Did not include creation of a common currency or national army
- Hampered interstate commerce and tax collection
- Shays's Rebellion pointed out weaknesses of Articles and spurred reform
Constitutional Convention (1787):
- Called to amend Articles; created new governing document, the Constitution
- Small states and large states disagreed over representation in Congress
- Great Compromise: States' representation equal in Senate and determined by population in House of Representatives
Regional issues:
- How to count slaves for taxation and congressional representation?
- Compromise: Each slave counted as 3/5 of a person
- Importation of slaves permitted by Constitution until 1808
CONSTITUTIONAL PRINCIPLES
The Constitution embodies the liberal democratic principles of self-rule and citizen control over government.
The separation of powers and checks and balances ensure no single branch dominates government.
The Constitution provides for federalism – power sharing between state and federal governments.
CONSTITUTIONAL CONSTRUCTION
Article I deals with the organization, powers, responsibilities, and qualifications for election of the legislature.
Article II deals with the organization, powers, and responsibilities of the executive branch, including qualifications for and powers of the president.
Article III creates the federal judicial system, defines its powers and jurisdiction, and specifies terms for appointment and dismissal of judges.
Article IV discusses relations between the states, admission of new states, and guarantees that states have republican forms of government.
The remaining articles deal with a variety of issues including the supremacy clause, which gives federal law precedence over state law.
THE FIGHT FOR RATIFICATION
The Federalists supported ratification of the Constitution, but opposed adding a separate Bill of Rights.
The Antifederalists opposed the Constitution on several grounds:
- Farmers feared national currency would lower prices for commodities and allow wealthy to buy up land
- Many feared powerful central government would threaten state sovereignty
- Demanded a Bill of Rights that protected basic freedoms
The Constitution found support among commercial centers, Western territories, land speculators, plantation owners, and smaller states.
The Federalists won hard-fought ratification battles in large states including Virginia, Massachusetts, and New York.
In New York, pro-ratification articles called the Federalist Papers offered insightful analysis of the principles of American government.
The Constitution was adopted in 1790 when Rhode Island became the ninth state to ratify it.
Congress presented a Bill of Rights for the Constitution after ratification; the states adopted the Bill of Rights in 1791.
CONSTITUTIONAL CHANGE
The Framers provided two methods for amending the Constitution:
- Amendment introduced to Congress and, if approved by 2/3 vote of both houses, submitted to states for ratification
- National convention called by Congress to propose amendment if requested by 2/3 of state legislatures
- To be adopted, amendments must be ratified by 3/4 of states.
The Framers intended the Constitution to be adaptable to change but difficult to amend.
The Constitution has been flexible enough to adapt to changing times and circumstances.
Congress has often interpreted the Constitution in ways that expanded congressional power or promoted government policies.
The case of Marbury v. Madison (1803) established the Supreme Court's power to rule on constitutionality of laws or other acts of government.
Constitutional amendments have expanded the franchise to women, African Americans, and those without property.
