2. Defining American
Constitutionalism
The big picture: American constitutionalism is textual
government
It enables well-founded government
It limits government through the constraints of the text
Limited government
A key point of our written government
A Protestant aspect that greatly affected the construction and later
interpretations
3. Texts of American
Constitutionalism
Declaration of Independence
Articles of Confederation
The U.S. Constitution
The Federalist Papers
The Anti-Federalist Papers
John Locke, Two Treatises
Montesquieu, Spirit of the Laws
Sir William Blackstone, Commentaries on the Laws of
England
James Harrington, Commonwealth of Oceana
4. The Nature of American
Constitutionalism
Why did we revolt in the American Revolution?
We were revolting against executive power
Who was the executive?
King George III
What is the primary document Americans wrote to express
their feelings about George?
The Declaration of Independence
What is the Declaration’s chief message?
Not “life, liberty, and the pursuit of happiness” (a.k.a. property)
Not “unalienable rights”
The message: George III sucks
5. The Nature of American
Constitutionalism
Problems with George III
“The history of the present king of Great Britain is a history of
repeated injuries and usurpations, all having in direct object the
establishment of an absolute tyranny over these states”
“He has obstructed the administration of justice…”
“He has erected a multitude of new offices…”
“He has plundered our seas, ravaged our coasts, burned our
towns, and destroyed the lives of the people.”
6. The Nature of American
Constitutionalism
Problems with George III
He is blamed for “quartering large bodies of troops among us…”
He is blamed for “imposing taxes upon us without our consent”
He is blamed for “depriving us, in many cases, of the benefits of
trial by jury”
Do any of these complaints sound familiar?
3rd Amendment: “prohibits the forced quartering of soldiers out of
war time”
16th Amendment: “allows the federal government to collect
income tax” (House of Reps. also introduce revenue measures)
6th Amendment: “right to have a fair and speedy public trial by
jury…”
7. The Nature of American
Constitutionalism
What are all the preceding issues about?
Unalienable rights
The first item on the agenda for the America’s first
Constitution is limitation of executive power
8. British Restrictions and Colonial
Grievances
A Brief List of Imperial Actions
• The Sugar Act of 1764
• The Currency Act of 1764
• The Stamp Act of 1765
• The Declaratory Act of 1766
• The Townshend Revenue Act of 1767
• The Tea Act of 1773
• The Coercive/Intolerable Acts
• The Quebec Act
9. British Restrictions and Colonial
Grievances
Reasons for Increased Taxation
The Treaty of Paris (1763)
Britain was roughly 130 million pounds in debt from the French/Indian
Wars
Britain’s solution: tax the colonists!
George Grenville was appointed by King George III to solve this minor
debt issue
Many of the colonists believed they possessed the same rights
as British citizens.
Independence was not declared quickly because most colonists wanted
government modification (no more taxes specifically)
10. The Colonial Response
Thomas Paine’s Common Sense
Written January 1776
It called for a democratic system based on frequent elections and a
written constitution that drove many colonists, including the Second
Continental Congress toward independence
It spoke in simple language and quoted Biblical scripture (the kinds of
things that colonists liked)
Loyalists hated it and attacked it as a baseless, radical democratic
idea.
Some patriots like John Adams hated it too. He called it a “crapulous
mess” and declared Paine a radical
Overall, the document served its purpose
11. Declaring Independence
July 4, 1776 – The Declaration of Independence
Universal Truths
“We hold these Truths to be self-evident, that all Men are created
equal, that they are endowed by their Creator with certain unalienable
Rights, that among these are Life, Liberty, and the Pursuit of Happiness
– That to secure these Rights, Governments are instituted among Men,
deriving their just Powers from the Consent of the Governed, that
whenever any Form of Government becomes destructive of these
Ends, it is the Right of the People to alter or abolish it, and to institute
new Government.”
12. Declaring Independence
July 4, 1776 – The Declaration of Independence
Natural Rights
The assumption that people have natural rights was revolutionary at the
time
Rights held to be inherent in natural law, not dependent on
governments.
John Locke stated that natural law, being superior to human law,
specifies certain rights of “life, liberty, and property.”
In the U.S., we altered these certain rights to be “life, liberty, and the pursuit of
happiness.”
Locke argued that it was the purpose of government to protect these
rights for its citizens
13. Declaring Independence
July 4, 1776 – The Declaration of Independence
Social Contract
A voluntary agreement among individuals to secure their rights and welfare by
creating a government and abiding by its rules
The Mayflower Compact was the first of several documents establishing
governments or rules based on the consent of the governed
The Remainder of the Declaration
After outlining these basic principles of government, the Declaration
goes on to justify the colonists’ revolt against Britain
Much of the document is a list of what King George III (“He”) did to
deprive the colonists of their rights
14. Declaring Independence
July 4, 1776 – The Declaration of Independence
The Significance of the Declaration
The concepts of universal truths, natural rights, and government
established by a social contract have a lasting impact on American life
Set force ideals that are crucial and fundamental to our national identity
Initially established the legitimacy of the new nation in the eyes of
foreign governments and the colonists themselves
What does the Declaration really have to do with independence?
Abraham Lincoln stated, “The assertion that ‘all men are created equal’ was of
no practical use in effecting our separation from Great Britain; and it was
placed in the Declaration, not for that, but for future use.”
15. Declaring Independence
The Rise of Republicanism
Some colonists demanded that American independence be preceded
by the formation of a strong central government
However, those that called themselves Republicans, were against a
strong central government
Fear of a potential American monarchy
Opposed executive authority and any form of governmental restraint on the
power of local government
From 1776 to 1780, all of the states adopted written constitutions
11 were totally new
2 were modifications of old royal charters (Connecticut and Rhode Island)
16. Declaring Independence
The Rise of Republicanism
Republican sentiment led to increased power for the state legislatures
Unicameral legislatures were established in Georgia and Pennsylvania
A legislature with one legislative chamber
Nebraska is the only states in the Union today with a unicameral legislature
Essentially, the Republicans attempted to maintain the politics of 1776
In almost all states, the legislature was the predominant branch of
government
17. The Articles of Confederation
The fear of a powerful central government led to the passage
of the Articles of Confederation, a very weak central
government
Confederation – a political system in which states or regional
governments retain ultimate authority except for those powers
they expressly delegate to a central government
Voluntary association of independent states
State – a group of people occupying a specific area and
organized under one government
May be a nation or a subunit of a nation
18. Congress
Unicameral; Each state had 2 to 7 members, but only
one vote. Most powers were exercised under the
approval of 9 states. Amendments required approval
from all states.
Committee of the States
A committee of representatives from all the states
was empowered to act in the name of Congress
between sessions.
Officers
Congress appointed officers to do
some of the executive work.
The States
19. The Articles of Confederation
Accomplishments under the Articles
Claims to western territories were settled
Maryland refused to sign the Articles if an agreement could not be
reached regarding larger states’ claims to western territories
Northwest Ordinance of 1787
Established a basic pattern of government for western territories and
those north of the Ohio River
20. The Articles of Confederation
Powers of Congress
Declare war and make peace
Enter into treaties and alliances
Establish and maintain armed forces
Requisition men and revenue from states
Regulate coinage
Create a postal system
Regulate Indian affairs
Guarantee citizens of each state the rights and privileges of
citizens in the several states when in another state
Adjudicate disputes between states on state petition
21. Check my SlideShare page
(rfair07) for more lectures
Lectures posted for:
United States History before 1877 / after 1877
Texas History
United States (Federal) Government / Texas Government
Slide 21 of 52
To download a full copy of the full PowerPoint presentation,
please go to: https://gumroad.com/l/GourR
21
