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LAW ICOURSE 31242024 1

Assignment No. 6 – The U.S. Constitution (Historical background)

1. Put the following events in order:

▪ Mayflower Compact Signed 1) 1620

▪ Sugar Act and Stamp Act 2) 1764/1765

▪ Boston Tea Party 3) 1773

▪ First Continental Congress 4) 1774

▪ Second Continental Congress 5) 1775

▪ Declaration of Independence 6) 1775

▪ Articles of Confederation 7) 1776

▪ Constitutional Convention 8) 1788

▪ Ratification of the Constitution 9) 1789

2. Answer the following questions and/or do the activities indicated in each case:

a. What is the significance of the Mayflower Compact in colonial life?

In 1620 a group made of Separatists, who wished to break with the Church of England
status, drew up the Mayflower Compact. This group was outside the jurisdiction of the
Virginia Company of London so they feared that some of the Mayflower passengers might
conclude that they were no longer under any obligations of civil obedience. Its political
significance is twofold: it established governing rules based on the consent of the
governed (and thus served as an example of popular sovereignty), and it served as a
prototype for similar compacts in American history.

b. What events triggered the colonists’ opposition to the British government?

The Sugar Act and the Stamp Act, passed between 1764 and 1765, triggered the
colonists’ opposition to the British government since they imposed taxes that the colonists
were unwilling to pay: they were accustomed to a certain level of self-government and
independence from the British Crown as they could make their own internal colonial laws.
As a result, they gathered in a Stamp Act Congress and called this act “taxation without
representation” and started to boycott the purchase of English goods in response. As a
consequence, the success of the boycott generated a feeling of unity within the colonies.
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c. Describe the main events at the Second Continental Congress that led to the
Declaration of Independence. Explain the significance of the Declaration of
Independence and the Articles of Confederation. What were the main weaknesses of
the Articles?
The Second Continental Congress met in May 1775 and one of its main actions was to
establish an army. Then, a year later it voted for free trade at all American ports with all
countries except Britain and suggested that each colony should create a state government
unconnected from Britain. Finally, on the 4 of July of 1776, an amended version of the
Declaration of Independence from Thomas Jefferson was signed by the Thirteen United
States of America.
On the one hand, the significance of the Declaration of Independence lies in the
establishment of concepts such as equality, natural rights (life, liberty and the pursuit of
Happiness) and government as a social contract. In addition, it established the legitimacy
of the new nation in the eyes of the colonists themselves and made it possible for foreign
governments to recognize the United States as an independent nation. The nation needed
supplies for its armies and a commitment of foreign military aid. So, the United States had
to be a separate political entity to enter into agreements with foreign government leaders.
On the other hand, the fear of a central government led to the Articles of Confederation.
This act meant the creation of the Congress of the Confederation, a unicameral assembly
of so-called ambassadors from each state, with every state possessing a single vote. Even
though it did not provide for a President of the United States, each year the Congress
would choose one of its members as the president of the Congress. All in all, the Articles
represented the first real pooling of resources by the American states.
Among the main weaknesses of the Articles were that it depended on the goodwill of the
states as no national government was intended and the lack of power to raise funds for the
militia.
d. Discuss the most important compromises reached at the Constitutional Convention and
the basic structure of the resulting government.

The constitutional convention took place on 1787 and led to two important compromises:

The “great compromise”, that established that there should be a bicameral legislature in
which the lower chamber should be apportioned according to the number of free
inhabitants in each state, plus three-fifths of the salves and an upper chamber which
should have two members from each state elected by the state legislatures. This
compromise permitted each state to have equal representation in the Senate and diluted
the controversy between small and large states regarding their voting powers. Moreover,
the Senate would act as a check on the House.

Another relevant compromise is the “three-fifths compromise”, which dealt with slave
representation in Congress. It allowed Southern states to count three-fifths of their
enslaved population for purposes of taxation and representation. This decision granted
southern states, where slavery was prevalent, an advantage. By counting enslaved
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individuals as part of their population, these states were overrepresented in national


politics.

In addition, the Constitutional Convention also created an unspecified national executive to


be elected by the legislature and a national judiciary, also appointed by the legislature.

separation of powers
checks and balances
federal form of government
system of republican government

e. Write a self-explanatory paragraph using the following terms:

Madison - separation of powers - checks and balances – impeach

The Madisonian model was a structure of government proposed by James Madison in


which the powers of the government were to be separated into three branches, executive,
legislative and the judiciary. Each of these branches would be independent of the others
but each branch would also check the action of the others through a system of “check and
balances”. Thus, for example, the Supreme Court can declare congressional laws
unconstitutional, the president nominates federal judges and Congress can impeach and
remove a president from office.

To prevent encroachment between powers…

f. The struggle over the ratification of the Constitution. Summarize the major differences
between the Federalists and the Antifederalists.

The struggle over the ratification of the Constitution stemmed from the two opposing
forces: on the one hand, the federalists, who favored a strong central government and the
new Constitution, and on the other hand, the anti-federalists, who wanted to prevent the
Constitution as drafted from being ratified since they were opposed to a centralized
government but pushed for a federal system so that the states retain some of their
sovereign rights.

In the Federalist papers, federalism advocated writers explained various powers of the
three branches, presented the theory of judicial review and interpreted the Constitution.
Under the anti-federalist viewpoint, the Constitution would lead to aristocratic tyranny,
create an overbearing government that would threaten personal liberty. They also wanted
to include a bill of rights and criticize the weak power the states had.

g. What was the purpose of adopting the Bill of Rights?


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The United States Bill of Rights comprises the first ten amendments to the United States
Constitution. Its purpose was to assure the states that amendments to the Constitution
would be passed to protect individual liberties against incursions by the national
government. In 1791, when Virginia agreed to ratify the ten amendments, the Bill of Rights
became part of the Constitution.
us constitution would not have been ratified
limitation of powers of the central government
assuring individual liberties

2. Write a self-explanatory paragraph relating the picture below to one of the topics
discussed in Schmidt’s Chapter 2:

Virginia Plan vs New Jersey plan

VI favored larger states proposed Congress based on proportional representation


according to the population

NJ backed by smaller states, equal representation in Congress despite state population.


(similar to articles of confederation in this matter). Introduced the doctrine of supremacy:
Supremacy clause/doctrine included in article 6 of today’s US Constitution: the acts of
congress are the supreme law of the land. National law have priority over/prevails over
state law.

- deadlock -

great compromise
bicamilar legislature, brought about by Connecticut, it reflected both plans: V house of
representatives NJ equal representation of the Senate.
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topic sentence = general to specific.

3. Read the preamble to the U.S. Constitution and the explanation of the goals set out
in it. How do these goals relate to the historical background to the U.S.
Constitution?

1.transfer of
sovereignty
2.better than
the articles of
Confederation
3. create a
federal
judiciary
4. militia within
the borders
5. feared a
british invasion
6. strong
central
government.
declaration of
independence.
7. being free
from the
monarchy
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4. Language focus:

a. Find at least five collocations in Schmidt’s Chapter 2 with the combination verb +
noun (e.g., raise revenues).

collect taxes
levy taxes
impose taxes
enact laws
void state law
veto a bill
reach a compromise
reject legislation
demand revenue
set forth ideas

b. In the following sentences, put the verb in brackets in the correct form.

1) The congress suggested that each of the colonies (establish) establish a


state government unconnected to Britain.
[2)] Not until 1868 (the Constitution/amend) the Constitution was amended to
guarantee that no state shall deny equal protection to any person.
2)[3)] The U.S. Constitution (not/ratify) wouldn’t have been ratified in several
important states if the Federalists (not/assure) had not assured the states that
amendments to the Constitution would be passed to protect individual liberties
against incursions by the national government.

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