Ch. 2: The Constitution

Ch. 2: The Constitution

1. Supreme Court Cases

   • Hernandez v. Texas
     • murder conviction of Pedro Hernandez by an all white jury in Texas
       • The supreme court reversed the conviction against Hernandez
         • But was found guilty again
     • Garcia argued that Mexican Americans should be protected under the 14th amendment
       • Gus Garcia's victory granted Latinos legal security under the 14th amendment
   • Marbury v. Madison.
     • William Marbury was to take the position of justice of the peace for Thomas Jefferson's office. however, when john adams was leaving office, his secretary of state John Marshall neglected to deliver the commission. therefore, when Thomas Jefferson took office, HIS secretary of state, James Madison refused to deliver the commission.
     • Marbury filed suit at the S.C.
       • had the right to get the commission from a different court but instead returned to his highly successful banking career.

2. Definition: sets forth the basic rules and procedures for how the people shall be governed

3. The British Constitution

   • Magna Carta 1215
   • Defined the rights of the people and parliament
     • and limited the powers of the king.
     • Parliament asserted power to:
       • suspend the law
       • levy taxes
       • maintain a standing army
       • Edmund Burke
         • political thinker and politician
           • said parliament is an assembly of one nation, one interest

4. Acts

   • Sugar Act 1764
     • list of items that could only be exported to Great Britain
       • this limited competition for colonists' goods
   • Stamp Act 1765
     • taxes on all forms of paper used by colonists
     • Was repealed in 1766
       • and replaced with the Townshed Acts
         • (which imposed new taxes on imports)
           • Samuel Adams declared this unconsitutional
             • "no taxation without representation"
           • the colonists resisted this with boycotts of taxed goods
             • John Hancock was one of the leaders of this resistance.
               • The resistance led to the Boston Massacre
                 • which led to Parliament getting rid of all taxes besides the one on tea
                   • Led to the Boston Tea Party in 1773
                     • colonists dumped taxed tea into the Boston Harbor.
                     • Britain responded with the Coercive Acts in 1774
                       • restricted political freedoms in Massachusetts 
                       • The Quartering Act in 1774
                         • required colonists to house British Soldiers

5. The first Consitutional Congress met in Philadelphia in 1774

   • rejected a reconciliation plan with England and instead sent King George III a list of grievances.
   • led by Benjamin Franklin
     • Second Constitutional Congress in May 1775.
       • acted as the common government of the states from 1775-1781
       • Named George Washington commander of a new Continental Army.
       • following this, Thomas Pained wrote "Common Sense"
         • common sense called for independence from Britain and was the most widely distributed pamphlet of the time. 

6. The Declaration of Indepence

   • 1776
     • declaring American Independence from Great Britain
       • also sent grievances to King George III.
       • a calling for equality, human rights, and citizen participation.
         • Congress approved the D.O.I on July 4th!
           • Declared the united colonies to be 13 free and independent states
             • After this, in 1777 the Continental Congress proposed the Articles of Confederation
               • Established the United States of America
                 • key word, "united"
                   • the 13 colonies were independent under the declaration of independence.
               • the colonies became one nation with centralized control.
                 • Congress now had full authority over foreign, military, and indian affairs.
                   • congress could not, however, tax citizens or products.
               • James Madison proposed a convention, or the 1786 Annapolis Convention
                 • only 5 states showed up.
                 • The Shay's Rebellion happened around the same time.
                   • in Massachusetts
                     • led by Daniel Shays (war hero) and thousands of farmers.
                   • The Annapolis Convention thus issued an invitation to all 13 states
                     • to meet in Philadelphia in May 1787
                       • to consider revising the A.O.C
                         • only rhode island did not show up.
   • Written by Thomas Jefferson

7. Constitutional Convention

   • Meeting in 1787
     • 12 states attended
       • to revise the A.O.C
         • but ended up proposing an entirely new Constitution