Chapter Two:

Constitutional Foundations

Factors leading to creation:

Þ British rule of the colonies

Þ American Revolution

Þ Articles of Confederation

The Declaration of Independence

Þ Comparable to Locke’s Second Treatise of Civil Government

Þ Locke states “men being by nature all free, equal and independent”

Þ Used concepts from English Common Law

Major Parts of the Declaration:

Þ Philosophical Basis: “unalienable rights” and as a result establishes limited governments that receive power from the people governed.

Þ The Grievances: For example: taxation w/o representation, unjust trials, quartering of British soldiers, abolition o f colonial assemblies

Þ The Statement of Separation: Announcing to the world that the colonists had no choice but to revolt.

Articles of Confederation

Þ Recognized need for central government

Þ Two levels of government

o Weak national government

o Dominant state governments

Þ Huge Problems with this system

o Congress had no power to tax

o Amendments need unanimous state approval

o No chief executive

o No national court system

o Legislation had to be passed with 2/3 majority

The Constitution

Þ Constitutional Convention

o Philadelphia, 1789

o 55 delegates

o every state EXCEPT Rhode Island represented

Þ Big Disagreements = Big Compromises

o Connecticut Compromise (The Great Compromise)

*Represented equally by the states (the Senate)

*Represented by pop. (House of Representatives)

o Three-Fifths Compromise

*Every five slave will count as three people for pop. and tax purposes

o Dealings with the economy

*Congress given power to tax

*regulate foreign and interstate commerce

*create a national currency

*elastic clause

Formation of Political Parties

Federalists- upper class, bankers, and rich property owners. In favor of Constitution as is.

Anti-Federalists- middle class, represented farmers and “common” people. In favor of Constitution only if Bill of Rights added.