American Government PSC101 1007 Chapter 2

 Chapter 2 The Pre-Revolutionary Period and the Roots of the American Political Tradition

The Pre-Revolutionary Period in American history encompasses the time leading up to the American Revolution (approximately the mid-18th century). This period was characterized by significant political, social, and economic developments that laid the groundwork for the birth of the United States as an independent nation. Here are some key aspects of the Pre-Revolutionary Period and the roots of the American political tradition:

1. Colonial America: During the 17th and 18th centuries, the American colonies were established by European powers, primarily England. These colonies developed distinct identities, economies, and forms of governance. Each colony had its own government, often with a governor appointed by the British Crown.

2. Salutary Neglect: For much of the Pre-Revolutionary Period, Britain practiced a policy of "salutary neglect" toward its American colonies. This meant that the British government did not exert strict control over colonial affairs, allowing the colonies a degree of self-governance and autonomy.

3. Colonial Assemblies: Many colonies had representative assemblies, such as the Virginia House of Burgesses and the Massachusetts General Court. These assemblies allowed colonists to participate in local governance and make decisions on issues like taxation and colonial policies.

4. Taxation Without Representation: Tensions between the colonies and Britain began to rise, particularly over issues of taxation without colonial representation in the British Parliament. The Stamp Act of 1765 and the Townshend Acts of 1767 were among the controversial tax measures imposed by Britain.

5. Boston Tea Party: The Boston Tea Party in 1773 was a famous act of colonial protest against British taxation. Colonists, disguised as Native Americans, boarded British ships and threw tea into Boston Harbor in defiance of the Tea Act.

6. Continental Congress: In response to growing grievances, the First Continental Congress convened in Philadelphia in 1774. Delegates from 12 colonies met to discuss their concerns and grievances against British policies. This marked an early step toward colonial unity.

7. Declaration of Independence: The Second Continental Congress, convened in 1775, led to the drafting and adoption of the Declaration of Independence in 1776. Thomas Jefferson's eloquent document declared the colonies' independence from Britain, stating that governments derive their authority from the consent of the governed.

8. American Revolution: The Pre-Revolutionary Period culminated in the American Revolutionary War (1775-1783), during which American colonists fought for their independence from British rule. The war led to the Treaty of Paris in 1783, which recognized the United States as a sovereign nation.

9. Founding Documents: The American Revolution produced foundational documents, including the Declaration of Independence, the Articles of Confederation, and ultimately, the United States Constitution. These documents outlined the principles of democracy, individual rights, and the structure of the new government.

10. Legacy: The Pre-Revolutionary Period left a lasting legacy on American political thought and governance. Concepts such as natural rights, representation, and the idea of a government accountable to the people became central to American political tradition and are enshrined in the Constitution.

The Pre-Revolutionary Period was a formative era in American history, marked by a growing sense of colonial identity, resistance to British rule, and the emergence of democratic principles that would shape the nation's future. It laid the groundwork for the establishment of the United States as an independent democratic republic.

The Articles of Confederation, often referred to simply as the Articles, was the first constitution of the United States. It was adopted by the Second Continental Congress on November 15, 1777, during the American Revolution, and it became effective on March 1, 1781, after being ratified by all 13 states. The Articles of Confederation served as the governing document of the newly formed United States until it was replaced by the United States Constitution in 1789. Here are some key points about the Articles of Confederation:

1. Purpose: The primary purpose of the Articles of Confederation was to create a system of government for the 13 American states that were rebelling against British rule. The Articles aimed to unite these states under a single framework for mutual defense and cooperation.

2. Limited Central Government: The Articles established a confederation, in which the individual states retained their sovereignty and independence. The central government created by the Articles was intentionally weak, with limited powers. It consisted of a unicameral legislature called the Continental Congress, in which each state had one vote.

3. Lack of Executive and Judicial Branches: Unlike the later U.S. Constitution, the Articles of Confederation did not provide for an executive branch (president) or a federal judiciary. This absence of a chief executive and federal courts contributed to the weaknesses of the government.

4. Powers Granted: The central government under the Articles had limited authority. It could conduct foreign affairs, declare war, make peace, and sign treaties, but it lacked the power to levy taxes, regulate trade, or maintain a standing army. It relied on the voluntary contributions of funds and troops from the states.

5. Weaknesses: The Articles of Confederation had several weaknesses that hindered effective governance. These included the inability to raise revenue, the absence of a national currency, and difficulties in enforcing laws and collecting taxes. Interstate disputes and trade barriers among the states were common.

6. Amendment Process: Changes to the Articles required unanimous consent from all 13 states, making it virtually impossible to amend the document to address its shortcomings. This rigidity contributed to its ultimate downfall.

7. Shays' Rebellion: An event that highlighted the weaknesses of the Articles was Shays' Rebellion in 1786-1787. Farmers in Massachusetts, burdened by debt and taxes, rebelled against state authorities. The rebellion exposed the inability of the central government to respond effectively to domestic unrest.

8. Call for a Constitutional Convention: Shays' Rebellion and other challenges prompted leaders to recognize the need for a stronger central government. A Constitutional Convention was convened in Philadelphia in 1787 to draft a new constitution, which resulted in the United States Constitution.

9. Replacement: The United States Constitution, drafted in 1787 and ratified in 1788, replaced the Articles of Confederation. It created a more powerful federal government with separate branches, including an executive and a judiciary, and it addressed many of the weaknesses of the Articles.

10. Legacy: While the Articles of Confederation is often seen as a failed experiment in governance, it played a crucial role in the early history of the United States. It demonstrated the challenges of balancing state sovereignty with the need for a stronger federal government, and it informed the drafting of the U.S. Constitution.

In summary, the Articles of Confederation represented an early attempt to establish a system of government for the United States but ultimately proved inadequate in addressing the nation's needs. Its weaknesses led to the adoption of the U.S. Constitution, which created a more effective and enduring framework for the federal government.

The development of the United States Constitution was a complex and highly influential process that took place during the late 18th century. It resulted in the creation of one of the world's oldest written constitutions and established the framework for the American government. Here are the key events and stages in the development of the U.S. Constitution:

1. Need for a Stronger Central Government: After gaining independence from British rule through the American Revolution, the United States faced significant challenges. The existing governing document, the Articles of Confederation, proved to be too weak to effectively govern the new nation. There were economic problems, disputes between states, and concerns about national security.

2. Annapolis Convention (1786): The recognition of the need for a stronger central government led to the calling of the Annapolis Convention in 1786. This convention, attended by delegates from five states, aimed to discuss issues related to interstate trade. While the Annapolis Convention did not achieve its goals, it did highlight the need for a more comprehensive constitutional convention.

3. Constitutional Convention (1787): The Constitutional Convention, also known as the Philadelphia Convention, was held in Philadelphia from May 25 to September 17, 1787. Delegates from 12 of the 13 states (Rhode Island did not send delegates) gathered to draft a new constitution. George Washington presided over the convention, and notable figures such as James Madison, Alexander Hamilton, and Benjamin Franklin were in attendance.

4. Debates and Compromises: The Constitutional Convention was marked by intense debates and negotiations. Delegates had varying views on the role of the federal government, representation in Congress, and the balance of power between large and small states. Key compromises, including the Great Compromise (or Connecticut Compromise) and the Three-Fifths Compromise, resolved some of these issues.

5. Drafting and Ratification: After months of deliberation, the delegates produced the final draft of the Constitution, which outlined the structure and powers of the federal government. The document was signed on September 17, 1787. Ratification by the states was the next step. A series of essays known as the Federalist Papers, written by Alexander Hamilton, James Madison, and John Jay, played a crucial role in explaining and advocating for the Constitution's adoption.

6. Ratification by States: Ratification debates occurred in state conventions. The process was contentious in some states, with supporters of the Constitution (Federalists) facing off against opponents (Anti-Federalists). The Constitution needed to be ratified by nine of the 13 states to take effect. It was eventually ratified, with New Hampshire becoming the ninth state to do so on June 21, 1788.

7. Bill of Rights: Concerns about individual rights and liberties led to calls for a Bill of Rights to be added to the Constitution. In 1791, the first ten amendments to the Constitution, known as the Bill of Rights, were ratified, protecting fundamental freedoms and limiting the power of the federal government.

8. Early Implementation: The new federal government under the Constitution began operating in 1789. George Washington was inaugurated as the first President of the United States, and the First Congress convened to pass important legislation, including the Judiciary Act of 1789.

The U.S. Constitution has endured for over two centuries and has been amended only 27 times. It has served as a model for other countries and remains a foundational document in American political and legal history. The development of the Constitution reflects the Founding Fathers' commitment to creating a more effective and enduring system of government that would protect individual rights and promote the common good.

The ratification of the United States Constitution was a critical step in the establishment of the American federal government. After the Constitution was drafted during the Constitutional Convention of 1787, it had to be approved by the states before it could take effect. Here's an overview of the ratification process and its significance:

1. Ratification Process: The ratification process involved state conventions in which delegates from each state would debate and vote on whether to accept the proposed Constitution. This process was outlined in Article VII of the Constitution itself, which specified that the Constitution would take effect once it was ratified by conventions in at least nine of the thirteen states.

2. Debates in State Conventions: The ratification debates in the state conventions were intense and often contentious. The two main groups in these debates were the Federalists, who supported the Constitution, and the Anti-Federalists, who were opposed to it. The Federalists argued for a stronger federal government and believed that the Constitution provided necessary checks and balances. The Anti-Federalists were concerned that the Constitution granted too much power to the federal government and lacked protections for individual liberties.

3. Federalist Papers: To persuade the public and secure ratification, several key Federalists, including Alexander Hamilton, James Madison, and John Jay, authored a series of essays known as the Federalist Papers. These essays, published in newspapers, explained and defended the Constitution, addressing concerns raised by the Anti-Federalists.

4. Ratification Timeline:

   • Delaware became the first state to ratify the Constitution on December 7, 1787.
   • Pennsylvania followed on December 12, 1787.
   • New Jersey ratified on December 18, 1787.
   • Georgia ratified on January 2, 1788.
   • Connecticut ratified on January 9, 1788.
   • Massachusetts ratified on February 6, 1788, with a recommended list of amendments.
   • Maryland ratified on April 28, 1788.
   • South Carolina ratified on May 23, 1788.
   • New Hampshire became the ninth state to ratify on June 21, 1788, making the Constitution effective.
   • Virginia ratified on June 25, 1788.
   • New York ratified on July 26, 1788, following a narrow vote.
   • North Carolina ratified on November 21, 1789, after rejecting it initially.
   • Rhode Island became the last state to ratify on May 29, 1790, after the Constitution was already in operation.

5. Bill of Rights: Several states, particularly Massachusetts and Virginia, had ratified the Constitution with the understanding that a Bill of Rights would be added. As a result, the First Congress, under the leadership of James Madison, proposed twelve amendments to the Constitution. Ten of these amendments were ratified by the states and became the Bill of Rights in 1791, addressing concerns about individual liberties.

The ratification of the Constitution was a significant achievement in American history, as it replaced the weaker Articles of Confederation with a more robust and enduring federal system. It established the foundation for the federal government and the rule of law in the United States. The Constitution has continued to serve as the supreme law of the land and a model for democratic governance worldwide.

Constitutional change in the United States refers to the process of amending or altering the U.S. Constitution, the supreme law of the land. While the process of creating the Constitution was itself a momentous event, the framers recognized the need for flexibility and mechanisms for change. As a result, they included Article V in the Constitution, which outlines the procedures for amending it. Here are the key aspects of constitutional change in the U.S.:

1. Article V: Article V of the U.S. Constitution outlines two methods for proposing amendments and two methods for ratifying them. These methods provide flexibility in the amendment process.

   • Proposing Amendments:

     • Congress: An amendment can be proposed by a two-thirds (supermajority) vote in both the U.S. House of Representatives and the U.S. Senate.
     • Constitutional Convention: An amendment can be proposed by a constitutional convention called for by two-thirds of state legislatures. However, this method has never been used.

   • Ratifying Amendments:

     • State Legislatures: Amendments can be ratified by the legislatures of three-fourths (38 out of 50) of the states.
     • State Conventions: Alternatively, amendments can be ratified by conventions held in three-fourths of the states.

2. The Amendment Process: To illustrate the process, here is a brief overview of how a constitutional amendment is typically adopted:

   • A proposed amendment is introduced in either the House or the Senate.
   • It must pass with a two-thirds majority vote in both the House and the Senate.
   • The proposed amendment is then sent to the states for ratification.
   • Ratification requires approval by three-fourths (38 out of 50) of the state legislatures or by conventions held in three-fourths of the states.
   • Once the required number of states ratifies the amendment, it becomes part of the Constitution.

3. The Bill of Rights: The first ten amendments to the Constitution, known as the Bill of Rights, were adopted in 1791. They address individual liberties and protections. These amendments were added to address concerns raised during the ratification process, particularly in states like Virginia and Massachusetts.

4. Subsequent Amendments: Since the adoption of the Bill of Rights, the U.S. Constitution has been amended 17 additional times. These amendments have covered various issues, including voting rights (the 15th, 19th, 24th, and 26th Amendments), presidential term limits (the 22nd Amendment), and more.

5. Proposals for Amendments: Over the years, thousands of amendments have been proposed in Congress, but only a fraction have been successful. The process of amending the Constitution is intentionally difficult to ensure that changes are carefully considered and broadly supported.

6. Importance of Constitutional Change: Constitutional change is crucial because it allows the Constitution to adapt to the evolving needs and values of society. It reflects the principle that the Constitution is not a static document but one that can be modified to address new challenges and expand individual rights.

7. Challenges: Amending the Constitution is a challenging process due to the high threshold of support required at both the proposal and ratification stages. As a result, many significant changes in American governance have occurred through judicial interpretation and legislation rather than formal amendments.

In summary, constitutional change in the United States is governed by Article V of the Constitution. It provides a structured and challenging process for amending the supreme law of the land, ensuring that changes are made deliberately and with broad consensus. The flexibility to amend the Constitution has allowed it to endure for over two centuries while adapting to the changing needs of the nation.

Chapter 2 Discussion:

Was the Bill of Rights a necessary addition to the Constitution? Defend your answer. 

It was necessary because it guarantees civil rights and liberties to individuals such as religion, speech and press. If you take into example that of living in North Korea instead of being here in the US practice of different kinds of religions often must be done in secret such as Christian belief is not acceptable. The constitution in Korea guarantees freedom of religion but in reality it isn't the case since Christian believers are imprisoned and subjected to torture. For freedom of speech and press you can look at mainland china as an example since even during the time when coronavirus was only starting to spread any information that was being posted was being taken down. Mainland china being communist decides what should be published and controls media and press and silences any who don't conform with the ideals set by the communist party. In either situation you can see the challenges of not having those freedoms and how you would feel and what life would be like. 

The Bill of Rights was a necessary addition to the Constitution, and this assertion can be defended on several grounds:

1. Protection of Individual Liberties: The primary purpose of the Bill of Rights was to safeguard fundamental individual liberties from potential government infringement. Many of the framers of the Constitution, such as James Madison, argued that explicitly enumerating these rights was essential to prevent government overreach. The Bill of Rights includes crucial protections like freedom of speech, religion, the press, the right to bear arms, and protections against unreasonable searches and seizures. These rights are foundational to American democracy and reflect the principles of liberty and limited government that underpin the Constitution.

2. Ratification Concerns: During the ratification debates, several states expressed concerns that the original Constitution did not adequately protect individual rights. Prominent Anti-Federalists, such as Patrick Henry, argued that the absence of a bill of rights left citizens vulnerable to potential abuse by the federal government. To secure the ratification of the Constitution, Federalists like James Madison promised to support amendments to address these concerns, leading to the proposal of the Bill of Rights.

3. Preserving a Delicate Compromise: The Constitutional Convention of 1787 involved a delicate compromise between various states with divergent interests and concerns. The inclusion of a Bill of Rights was a way to bridge the gap between Federalists, who believed that limited government powers were sufficient, and Anti-Federalists, who sought explicit protections of individual rights. This compromise was essential to the unity of the newly formed nation.

4. Legal Clarity: The Bill of Rights provides legal clarity and specificity to constitutional protections. It defines the scope of certain rights, such as the right to a fair trial, the right to a jury, and the prohibition of cruel and unusual punishment. This specificity has been crucial in guiding the decisions of courts and legislators when addressing legal issues related to these rights.

5. Historical Precedent: Many state constitutions and charters of rights that predated the U.S. Constitution already included explicit protections of individual rights. The Bill of Rights was consistent with this historical precedent and helped ensure a continuity of democratic principles.

6. Public Confidence: The Bill of Rights has played a significant role in maintaining public confidence in the Constitution and the federal government. It serves as a clear statement of the government's commitment to protecting the rights and freedoms of its citizens. This has contributed to the legitimacy of the U.S. government.

In summary, the Bill of Rights was a necessary addition to the Constitution because it addressed legitimate concerns about individual liberties, helped secure the ratification of the Constitution, preserved a delicate compromise between differing viewpoints, provided legal clarity, adhered to historical precedent, and bolstered public confidence in the new government. Its enduring importance is reflected in its continued relevance in American society and its role in protecting the rights and freedoms of all citizens.

Chapter 2 Quiz: The Constitution and Its Origin:

Article I and Article IV of the Constitution contain protections for which of the following? Slavery In the 1600s, most Europeans believed the institution of the monarchy had been created by whom? God Who wrote "Ambition must be made to counteract ambition"? A Federalist Whom did the Articles of Confederation favor? The states Which area of Locke's theory was utilized the most to justify the break from the British? Property rights Which group instigated Shay's Rebellion? The farmers The framework for our current government was outlined in which of the following plans? The Great Compromise Which type of powers allow the federal government to declare war, impose taxes, and regulate currency? Enumerated powers Which of the following philosophers most heavily influenced the writing of the Declaration of Independence? John Locke Benefits of the Articles of Confederation did not include __________. a quick amendment process Shays' Rebellion was an example of _____. popular tyranny According to the supremacy clause, which level of government is supreme? National Under the Articles of Confederation, the national government had the power to __________. coin money The Bill of Rights was intended to appease the Anti-Federalists and provide which of the following? Greater constitutional protection for individual liberties Patrick Henry believed a strong government would favor which group? The wealthy Congress' ability to override a presidential veto is an example of which principle? Checks and balances According to John Locke, life, liberty, and property are examples of which kind of rights? Natural rights Why are changes allowed to the constitution? To respond to the nation's changing needs Anti-Federalists believed allowances for religious diversity in the Constitution would prevent which of the following? The formation of a political community with shared values and interests After an amendment is proposed by Congress, it must be approved by what majority in both the House and Senate? Two-Thirds When was the Bill of Rights ratified? Two years after the Constitution Amendments to the Constitution tend to protect who? The people Which of the following was an agreement to self-govern established by the Pilgrims in the Plymouth Colony? Mayflower Compact The American colonists had a longstanding tradition of which of the following? Representative government Which of the following was one weakness of the Articles of Confederation? The national government could not impose taxes.