1. CONSTITUTIONAL
FOUNDATIONS
The History
Barbour and Wright, Chapter 2
Sunday, February 8, 2009

2. IDEOLOGICAL
UNDERPINNINGS
English Civil War (1640-1651)
Armed and political conflicts between monarchists
and parliamentarians
Constitutional issue between a king claiming divine
right and Parliament professing itself to have rights
and privileges and claiming sovereignty
Algernon Sidney, John Milton
Natural rights, representative government, process,
and individualism
Sunday, February 8, 2009

3. EARLY COLONISTS
Jamestown, Virginia 1607
Pilgrims, Plymouth Colony 1620
Puritans, Massachusetts Bay Colony
1629
Middle Colonies: Dutch, German,
Irish, English immigrants
Southern Colonies: private ventures
Spanish and French territories
Sunday, February 8, 2009

4. FRENCH AND INDIAN
WAR
1754-1763
Native Americans
fought mainly with
the French with the
exception of
Iroquois
Lead to British
territorial gains
Sunday, February 8, 2009

5. FRENCH AND INDIAN
WAR
To pay for colonial
defense, Britain
increased taxes and
trade profits
Sugar Act, Stamp
Act, Townshend
Acts, Tea Act
Sunday, February 8, 2009

6. TAXATION AND
REPRESENTATION
Post-war economy
Increased taxes
No representation in
Parliament
Distance and isolation from
Britain
Boston Tea Party 1773
Existing tradition of self-
Coercive (Intolerable)Acts
governance
1774
Sunday, February 8, 2009

7. DECLARATION OF
INDEPENDENCE
Continental Congress formed
Jefferson writes Declaration
Virginia Declaration of Rights
John Locke’s Second Treatise
on Government Language meant to unify
large numbers of colonists
Unalienable rights and
justification for revolution Who was left out?
Sunday, February 8, 2009

8. REVOLUTIONARY WAR
1775-1783
Americans lacked professional
army/navy
Each state had militia lacking
arms, training, uniforms
American casualty estimates at
50,000
Spent approx. $150 million
fighting (modern equivalent of
$74 billion)
Sunday, February 8, 2009

9. ARTICLES OF
CONFEDERATION
Articles of Confederation drafted
(1777) and officially passed (1781)
by Constitutional Congress
League of friendship between
states
Fought a war against big
government—didn’t want another
Protection of states rights
Sunday, February 8, 2009

10. ARTICLES OF
CONFEDERATION
Problem 1: Sovereignty
States retained sovereignty—ultimate legal authority of
government
Included authority over war and peace and foreign affairs
Post-war national security threats: English, Spanish,
Native Americans
Problem 2: No executive
No president, prime minister or king; only weak Congress
Sunday, February 8, 2009

11. ARTICLES OF
CONFEDERATION
Problem 3: No taxation authority
To the colonists, taxation equaled tyranny
Congressional representatives committed states to give
money, but states didn’t follow through
Confederation’s treasury was empty; couldn’t pay soldiers
No money for defense, infrastructure, etc.
Sunday, February 8, 2009

12. ARTICLES OF
CONFEDERATION
Problem 4: Economy
Economy troubled from war including massive debt, mostly
financed by European nations
States added taxes as goods moved through them to other
markets making them expensive
Each state printed and valued its own currency
Post-war recession devolved into depression
Sunday, February 8, 2009

13. SHAYS REBELLION
Economy worsened to the point where
people were losing their homes,
businesses and land
States passed debtor relief laws, but
Massachusetts legislature would not
Farmers in Western Massachusetts
rebelled for over 1 year
Mobbed courthouses and judges to stop
them from imposing foreclosure notices
Sunday, February 8, 2009

14. CONVENTION
MAY, 1787
States worried Shays-type rebellions would happen elsewhere and if
something wasn’t done, Revolutionary War would have been for
nothing
12 states sent 74 delegates to Philadelphia to discuss revisions to
Articles of Confederation
Rhode Island
55 delegates showed up; 35 there consistently; 20 did most the
work
No public intention of drafting new constitution —treasonous
Conventioneers wary of stronger national government that would
limit states’ sovereignty and power
Sunday, February 8, 2009

15. DELEGATES
James Madison
Contributions to writing, recording; Virginia Plan
Benjamin Franklin
Alexander Hamilton
George Washington
Added respect and legitimacy to the convention
Missing?: Thomas Jefferson, John Adams, Patrick Henry
Sunday, February 8, 2009

16. CONVENTION RULES
Recognized that each state had
different views, values, agendas
and interests
Vow of secrecy
Freedom for open discussion;
less vulnerability to attack
No vote was binding
Any motion had to have a second
to be discussed
Sunday, February 8, 2009