Chapter 1 Flashcards
What was the Continental Congress? What dates did it operate through?
The Continental Congress was a series of legislative bodies, with some executive function, for thirteen of Britain’s colonies in North America, and the newly declared United States just before, during, and after the American Revolution. The term “Continental Congress” most specifically refers to the First and Second Congresses of 1774–1781 and may also refer to the Congress of the Confederation of 1781–1789, which operated as the first national government of the United States until being replaced under the Constitution of the United States.
This organization did not have the authority to make binding laws.
Its authority was primarily limited to raising an army and conducting diplomacy.
What is a Constitution?
It is an expression of a nation’s most fundamental laws.–It sits at the top and all other forms of law are below it (statutes, regulations, executive orders).
In the United States, the Constitution:
–Provides the basic architecture of government
–Protects individual rights
–Is the foundation upon which all other laws are created
What are the two dimensions of rule law?
- Social order which is concerned with the extent to which law is used to provide individuals with personal security and order in their personal, workplace, and business relationships
- Prevention of tyranny which is the protection of civil liberties and the accountability of government
What is the social contract or social compact?
An implied agreement between members of a society that they will relinquish some freedom in exchange for security.
What were the first 13 colonies?
How were their governments set up?
By the late 1600’s, Virginia, Massachusetts, New Hampshire, Maryland, Conneticut, Rhode Island, Delaware, North Carolina, South Carolina, New York, New Jersey, and Pennsylvania were the first 12.
In 1732, Georgia was founded.
They were largely independent and self-governing, however they ultimately were still ultimately governed by England. Each colonies structure and relationship with England differed, and they all shared common grievances with their mother country that led to the war of independence.
The early colonies largely had their own independent forms of laws and governance. They mostly focused on the structure of the government and relations between the colonies
However, the Massachusetts Body of Liberties had protections of individual rights. What were some of these early examples of protections of individual rights?
What about The Frame of Government of Pennsylvania of 1682?
What were these laws heavily influenced by?
Equality between resident and foreigner
Rights to be free from cruel punishments
Right to notice that an act is a crime before it could be punished (later to be called the principle of legality, and today due process)
Rights to bail and speedy trial
Right to be free of torture to elicit a confession (unless there was co-conspirators are suspected, and even then barbarous and inhumane treatment was forbidden)
Capital punishment convictions must be supported by two or more witnesses or the equivalent.
Rights to free speech
____________
The Frame of Government of Pennsylvania of 1682 provided for indictment by a grand jury, public trial by jury of one’s peers, bail, and proportional “moderate” fines.
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These laws were heavily influenced by European laws, and particularly British common law.
When was the Declaration of Independence issued and when was independence won?
Who wrote most of it?
Issued in 1776
Won in 1781
Thomas Jefferson
Even before independence, what body did the colonies establish to meet and address issues of national concern?
From what dates did it operate?
Did it make laws? What was its primary focus?
The Continental Congress
It first met in Philadelphia in September 1774
It operated from this date until 1781
It did not have the authority to make binding laws.
Its authority mainly focused on raising an army and diplomacy.
There were discussions in the Continental Congress concerning the adoption of a Constitution to formally recognize the confederacy of the 13 colonies. What took place that ultimately led to the Declaration of Independence on July 2, 1776 and formally adopted on July 4, 1776?
On June 7, 1776, Richard Henry Lee, a delegate to the Congress from Virginia, introduced a resolution that declared the “United Colonies” to be “free and independent states, that they are absolved from an allegiance to the British Crown, and that all political connection between them and the State of Great Britain is, and ought to be totally dissolved.” Additionally, the resolution called for the development of a plan of confederation to be submitted to be submitted to the states. The resolution was adopted on July 2, 1772, and incorporated into the Declaration of Independence on July 4, 1776.
When was the first Constitution adopted and what was it called?
What were some of its main features?
1781
Articles of Confederation and Perpetual Union
It disbanded the Continental Congress and replaced by the Confederation Congress. This new Congress had more authority than it’s predecessor, but the states remained the most powerful entities. It was proclaimed in the Articles that, “[e]ach state retains its sovereignty and freedom and independence, and every power, jurisdiction, and right, which is not expressly delegated to the United States, in Congress assembled.” Basically the Untied States was a loose union of independent and sovereign states, and members of Congress were little more than ambassadors representing their respective states. As expressly stated in the Articles, the states entered into a “firm league of friendship.”
Did the Articles of Confederation prove to be effective?
It could enlist state militia’s, but states could refuse. And even more troubling was that war funding came from the states.
Not many years passed before the league proved unworkable. The states were geographically distant from one another. In an age without modern travel and technological means to disseminate information, this was problematic. Compounding the problem was that the states were distant in more ways than miles. They differed in history, culture, and politics. The result was parochialism, localism, and an interest in empowering the states rather than the national government. In the end, the states proved to be too independent and powerful, and the national government too dependent and too weak.
Some examples: The national government was granted the authority to negotiate treaties however, that was thwarted by the states ability to tax imports and exports, regardless of any treaties negotiated by the national government. The national government could declare war, however it could not assemble army. It could enlist volunteers, but lacked the power of conscription.
What was Shay’s rebellion?
What did it lead to?
**It’s important to note that even before Shay’s rebellion, members of Congress had called for an increase of national authority to help with the many national ills. James Madison fought for a constitutional convention. George Washington complained of the impotent national government, but the states were reluctant to give up power. But the Shay’s rebellion occurred, and an opportunity presented itself.
It was a rebellion by radical farmers in Massachuttes, led by Daniel Shays, against the local government. It was due to poor economic conditions and the imprisonment of poor farmers who could not pay their debts, and court ordered land forfeitures. They basically took control of local courts and prevented them from operating. The problem was that there was no national authority to defeat the rebellion and many local leaders were reluctant to get involved. Eventually, a privately financed (merchants and creditors) state-legislator approved militia quelled the rebellion. Many insurgents were charged and convicted and 2 were hung. Daniel Shays and others went into hiding but were eventually granted amnesty.
Many feel that it was the spark that ignited the decision to revise the Articles of Confederation.
Who were the Federalists and what did they believe?
They believed in a strong national government. They were George Washington, Alexander Hamilton, James Madison, John Hancock
Who were the anti-Federalists?
They learned hard lessons under British rule and they remembered them all too well. They opposed the creation of a strong national government, in favor of local control. They were Thomas Jefferson, Luther Martin, George Mason, and Patrick Henry.
In 1786, who submitted a recommendation to the Continental Congress that a convention be held that examined the problems of the nation and its constitution? The Continental Congress consented.
Alexander Hamilton
When and where did this convention take place?
Philadelphia
It was scheduled to open on May 14, 1787 but due to an absence of a quorum, the proceedings did not take place until May 25. They then worked with until September 17, with only two breaks, one for independence day and a work-related 10-day, recess.
Explain the issues that were hotly debated and contested at the convention. (card #1)
Fun facts:
-Of the 13 states, all were represented except one. Rhode Island refused to send delegates.
-George Washington was elected to chair the convention.-All agreed to keep the discussions secret until the final document was completed, but there were small leaks.
-Because they were so secretive there were rumors going around that they were plotting a monarchy, so a statement was released on the contrary on August 15(although a few delegates did support the establishment of some form of monarchy)
.-We learn about what transcribed in the hall mostly from the notes of James Madison, who never left the convention for more than 1 hour. He took such good notes that they fill 3 volumes. Personal notes and correspondence between the delegates also tell us what was discussed and debated.
Of great importance was:
1Congress-were delegates to be based on number of free people or each states contribution to the treasury?Small states opposed this because they were used to being treated as equals under the current Articles of Confederation.The larger states objected to equal representation.Led to the Great Compromise(GC).
2.Slaves-Were slaves to be counted in deciding representation?(see GC)
3.How were representatives to be selected? by direct election of the people or by appointment? (see GC)
4.Separation of powers-the branches should check each other to maintain a balance of power
5.Issue of who was qualified to vote? Only land owners or all free men?
Explain the issues that were hotly debated and contested at the convention. (card #2)
- Did Congress had the authority to override state laws?7.Executive branch- Was it to be one person or more? Were they to be elected or appointed? Electoral College was created
- Judiciary branch-interestingly, the delegates did not give the judiciary branch power to declare acts of the other branches and states unconstitutional, however the Supreme Court has since determined that power to be implicit.
- The role of a national judiciary-state courts vs national courts. Would national courts nullify state courts? The compromise created a system of inferior courts under the Supreme Court because without a lower system of national courts, there were concerns national laws would go unenforced.
What was the “Great Compromise?”
- Representation in the lower house, the House of Representatives, would be based on population (the number of free persons, excluding Indians who were not taxed, and three-fifth’s of others);
- Representation in the upper house, the Senate, was to be equal. It was originally set at one representative per state, but it was later changed to two, with no debate.
- It also resolved the issue of slaves. Slaves were to be counted as 3/5th of slaves to be counted in issues of both taxation and representation. They were careful not to use the term “slave” but used the term “other persons.”
- How were representatives to be selected? The members of the House were to be elected directly and members of the Senate were to be appointed (This was changed in 1913, when the 17th amendment provided for direct election).
What powers were granted to Congress?
The authority to regulate interstate commerce and to make all laws “necessary and proper” for enforcing its other enumerated powers.
The issue of whether the national Congress had the authority to override state laws was hotly contested. The issue was eventually killed, but the judiciary was given the authority to protect the national government from the excesses of the states
What powers were given to the executive branch?
The president should be commander-in-chief of the military, negotiate and make treaties, and nominate the cabinet members, members of the national judiciary, and other government officials, with the advice and consent of the Senate.
Power of veto legislation, but checked that power by giving Congress the ability to override a presidential veto with a two-thirds majority.
To many people, there are two glaring problems with the Constitution. What were they?
First, it did not explicitly set out individual rights. Second, it did not address slavery.
However, it must be pointed out that delegates did not completely ignore individual liberty. It does contain a number of provisions intended to protect civil rights such as writs of Habeas corpus(right to be brought before a judge and lawful grounds established for detention), prohibits Congress from passing any bills of attainder(a legislative act declaring a person or group of persons guilty of a crime, often without a trial), or ex post facto laws(a person cannot be convicted of a crime if the act wasn’t a crime when it was committed). Also, no person shall be convicted of treason, except upon the testimony of two witnesses to the same act or an open confession in court.
Why did some of the delegates, including Alexander Hamilton, argue against having a bill of rights in the original document?
They saw no need to include because the government had no authority to encroach upon an individual’s liberty. Hamilton said, “Why declare that things shall not be done, when there is no power to do?”
They voted ten to zero not to include a bill of rights. But this was troubling to the nation. They did not forsee the huge changes that would occur, or the population growth and specialization of functions that would take place. More human contact leads to more conflict and people look to the government to regulate conduct.
3 years later the Bill of Rights was ratified to the Constitution.
How was the issue of slavery handled by the delegates?
Slavery was a divisive issue. The issue of slavery arouse around the context of taxation and representation. It was at this juncture that many of the delegates voiced their opposition to slavery, however many of the objecters were slave owners themselves. George Washington referred to slavery as repugnant.
However, the Southern states relied upon for economic reasons. In the interest of preserving the union, the objectors backed away from abolition.
Additionally, the importation of slaves was a hotly contested issue. Under the new constitution, the national government would have jurisdiction over the importation of slaves, but the Southern states did not want the national government to interfere.
They reached a compromise (GC). First, three-fifths of slaves were included in the initial determination of taxation and representation. As to the importation of slaves, they agreed that Congress could not prohibit the importation of slaves until 1808 and would cap the tax at $10 per slave.
On January 1, 1808, Congress prohibited the importation of slaves. This, however, did not end slavery. It took a Civil War to make that happen. After the Civil War, the 13th, 14th, and 15th amendments and federal legislation were enacted to extend legal protections to all persons regardless of color, race, or ethnicity.
