Chapter 2 sections 3 and 4. Confederation and Constitution. Launching the New Nation

  

Name a Weakness of the Articles of Confederation ?

What was so great about the Great Compromise?

Created Two-House Congress

One based on equal representation (Senate)

One based on population (House)

3/5 Compromise.3/5 of a state’s slaves to be counted as part of the population

Speech

Press

Assembly

Petition

Religion

What was Alexander Hamilton job under Washington?

1st Sec of the Treasury = A. Hamilton

Created National Bank

Argued for ‘loose’ interpretation of Constitution.

Would you prefer the US to be more involved, less involved in other nations’ affairs or are you comfortable the way the US interacts with other nations?

Washington kept the U.S. out of involvement in foreign wars – NEUTRALITY 

“Steer clear of permanent Alliances with any portion of the foreign World”   - George Washington

One of Washington’s first tasks was to create a judicial system

Judiciary Act set up our justice system

The act called for a Supreme Court, federal courts, and district courts

The system guaranteed that the federal laws would remain “supreme”

Formation of Political Parties

Name the 1st Political Parties

    Federalists Jeffersonian

Republicans

                                                                                             Democratic-Republican Party 

                                                                     Anti-Administration

Who were the Anti-federalists?

Thomas Jefferson, Patrick Henry

What is the Whiskey Rebellion and why was it important?

The Whiskey Rebellion was the first test of federal authority in the United States. This rebellion enforced the idea that the new government had the right to levy a particular tax that would impact citizens in all states

Describe the ALIEN AND SEDITION ACTS

To counter what he considered a threat against the govn’t, (many recent immigrants and opponents of Adams were Dem/Rep) Adams passed through Congress the Alien and Sedition Acts

Alien Act raised residence requirements for citizenship from 5 to 14 years and allowed President to deport anyone

Sedition Act set fines & jail for anyone making false statements against the government

STATES ATTEMPT TO NULLIFY ALIEN & SEDITION ACTS

In an event that would foreshadow future conflicts, two Southern States (Va. & Ky.) asserted the principle of nullification

Nullification meant that a state could nullify, or consider void, any act of Congress they deemed unconstitutional

No other states agree and the topic dies out

Bill of Rights

  https://billofrightsinstitute.org/founding-documents/bill-of-rights/

https://www.archives.gov/founding-docs/bill-of-rights/what-does-it-say

A bill of rights as provided in the ten original amendments to the constitution of the United States in force December 15, 1791. [n. p. 195-]. A Bill of Rights as provided in the Ten Original Amendments to The Constitution of the United States in force December 15, 1791. 

Article I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press: or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. 

Article II A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. 

Article III No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. 

Article IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 

Article V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any Criminal Case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation

Article VI In all criminal prosecutions, “the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining Witnesses in his favor, and to have the Assistance of Counsel for his defence. 

Article VII In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

 Article VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

 Article IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. 

Article X The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Student Rights

 

Student Rights: In loco parentis

There are several reasons why violations of student rights are upheld by the courts. One of the most basic reasons is known as in loco parentis. This Latin phrase basically means that while a student is in the custody of a school, the school can and often should act as a parent. In this duty of the school, many decisions can be made that are outside the normal governmental purview. The other basic reason for violation of student rights has to do with the goal of school — to educate. If an act of a student can interfere with the educational process, that act may, in many cases, be suppressed. 

A few things should be noted here. First, most of this essay applies only to public schools. As private institutions, private schools are not subject to any restrictions in terms of violations of the rights of students. Hence, while a public school might have to prove that its violations are for a higher purpose or stem from its in loco parentis responsibilities, a private school may set limits arbitrarily. 

Second, students in public schools are not stripped of their rights completely. In Board v Barnette (319 US 624 [1943]), for example, the Supreme Court ruled that students could not be forced to recite the Pledge of Allegiance nor otherwise salute the flag against their will. In Tinker v Des Moines (393 US 503 [1969]), the Supreme Court ruled that students wearing black arm bands to protest the Vietnam War could not be forced to remove the arm bands by school officials. As written in Tinker, "It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." 

Finally, the Supreme Court has recognized the importance of the free flow of ideas in schools: "The classroom is peculiarly the 'marketplace of ideas.' The Nation's future depends upon leaders trained through wide exposure to that robust exchange of ideas." (Keyishian v Board of Regents [385 US 589 {1967}]).

Student Rights: Violations of Free Speech

The Supreme Court said in Tinker that "[If] conduct by the student, in class or out of it, which for any reason — whether it stems from time, place, or type of behavior — materially disrupts classwork or involves substantial disorder or invasion of the rights of others is, of course, not immunized by the constitutional guarantee of freedom of speech." This is the hinge upon which many cases turn when a school violates a student's free speech protections. 

In Bethel School v Fraser (478 US 675 [1986]), the Court ruled that a school was not violating a students rights when it suspended a student for the use of crude language in a speech to a school assembly. Said the Court: "It does not follow ... that simply because the use of an offensive form of expression may not be prohibited to adults making what the speaker considers a political point, the same latitude must be permitted to children in a public school... The determination of what manner of speech in the classroom or in school assembly is inappropriate properly rests with the school board."

Student Rights: Violations of Free Press

The Supreme Court has held that schools and school administrators can censor student publications such as student newspapers. The difference between the tolerance of expression, as in Tinker, and in promotion of student views, is the key. By wearing an arm band, a student is expressing his view and the school is not taking a stand, nor endorsing the student. But in a student newspaper, the school itself is represented in the newspaper, and by publishing a student piece, is now no longer a passive observer but an active participant. In Hazelwood School v Kuhlmeier (484 US 260 [1988]), the Supreme Court ruled that articles in the school paper that were counter to the educational mission of the school were subject to censorship. 

Though untested in court, it is probably true that students are protected in publication of "underground" newspapers, and perhaps web pages, but the distribution of those papers or use of school computers to view web pages could be restricted.

Student Rights: Violations of Free Expression

Tinker was all about freedom of expression. The students in Tinker merely wore black arm bands. They did not disrupt school activities in any other way. The actions of the students are often used to distinguish the right of speech and expression for students from the rules that can govern those rights. Again the distinction hinges on the impact of the expression on the educational process. 

In New Rider v Board (414 US 1097 [1973]), a pair of male Pawnee Indian students were suspended from school for wearing long hair in the tradition of their ancestors. The suspension was for violation of a school rule which forbade the wearing of hair that extended past the collar or ears. The Court refused to hear the case, but Justices Douglas and Marshall wrote a stinging dissent of the denial, "Petitioners were not wearing their hair in a desired style simply because it was the fashionable or accepted style, or because they somehow felt the need to register an inchoate discontent with the general malaise they might have perceived in our society. They were in fact attempting to broadcast a clear and specific message to their fellow students and others — their pride in being Indian." Douglas wrote another dissent in a hair-length case for Olff v East Side Union (404 US 1042 [1972]). No other cases appear to have been decided by the Court on this issue, and circuit courts have made conflicting rulings. 

In Cohen v California (403 US 15 [1971]), the Court overturned a conviction of a man who wore a jacket with the words "F___ the Draft" on it. The Court ruled that the presence of a printed vulgarity cannot be sufficient cause for an arrest and 30-day imprisonment. The Court said: "[A]bsent a more particularized and compelling reason for its actions, the State may not, consistently with the First and Fourteenth Amendments, make the simple public display here involved of this single four-letter expletive a criminal offense." Cohen was not a student and the jacket was not displayed in a school, however. Dress codes that prohibit certain kinds of dress (like cut-off shorts or shirts with obscene or commercial messages) have not been challenged at the level of the Supreme Court, but have generally been upheld as promoting the educational process. 

In 2007, in the widely-reported case of Morse v Frederick (06-278 [2007]), better known as the "Bong hits 4 Jesus" case, the court narrowly decided that student speech off campus can be suppressed by school administrators if the speech promotes illegal activity — drug use, in this case. In the case, Joseph Frederick erected a banner along a route used to transport the Olympic torch. The route was flanked by students from Frederick's high school. Principal Deborah Morse, on seeing the banner, had it removed and had Frederick suspended, on the premise that the banner ran counter to the school's anti-drug themes and policies. Drawing on both Tinker and Fraser, the Court decided that the message and its most reasonable interpretations, and not the place the message was displayed, was the deciding factor: "Student speech celebrating illegal drug use at a school event, in the presence of school administrators and teachers, thus poses a particular challenge for school officials working to protect those entrusted to their care from the dangers of drug abuse."

Student Rights: Violations of Search and Seizure Protections

The most relevant case is New Jersey v TLO (469 US 325 [1985]). Here the Court recognized two things. First, it reaffirmed the role of the school in loco parentis, but it also recognized that school officials are representatives of the State. These two roles can come into conflict, but the Court said that students in public school are not able to assert the same rights as adults in other settings. Rules were established for searches, such as reasonableness, not excessively intrusive, and related to the offense that is being investigated. 

In the TLO case, a search of a student's purse, the purpose for which was to find cigarettes the student was suspected of smoking on school grounds, was upheld. 

Urine tests of student athletes were upheld in Vernonia School v Acton (515 US 646 [1995]), when the court again used in loco parentis, a lowered expectation of privacy for athletes, and the need for deterrence of drug use, particularly among athletes, as justifications for forced testing. Said the Court: "Fourth Amendment rights, no less than First and Fourteenth Amendment rights, are different in public schools than elsewhere; the "reasonableness" inquiry cannot disregard the schools' custodial and tutelary responsibility for children." 

There have been no reviews of cases of locker searches by the Supreme Court, most likely because the locker, while possibly containing personal property of the student, is itself the property of the school. 

The Road to Revolution ch 2 section 2

  Questions :

 How can the Rights of all people be protected?

Which should have more power, the states or the national government?

After the first Continental Congress some colonists began to accumulate arms and ammunition
 Rumors of weapons build up began to spread

1775 map of the battles and of the Siege of Boston

                                                  

A National Park Service map showing the routes of the initial Patriot messengers and of the British expedition

                                        

https://www.history.com/topics/american-revolution/battles-of-lexington-and-concord
The Battles of Lexington and Concord were the first military engagements of the American Revolutionary War.
https://en.wikipedia.org/wiki/Battles_of_Lexington_and_Concord
General Thomas Gage (British Military Commander and Governor of Massachusetts) heard rumors decided to raid a suspected ammunitions site in Concord, Mass.

Thomas Gage

Paul Revere warns the colonial militia units (minutemen) of Gage’s plan

Silversmith Paul Revere and several other messengers on horseback sounded the alarm that the regulars were leaving Boston.

 http://www.history.com/topics/american-revolution/paul-revere
Gage’s troops arrive in Lexington, just outside of Concord, and shots were exchanged between the Brits and Minutemen

 Gage continues to Concord, searches the empty ammunition storage.Fighting continued throughout the day
  "shot heard round the world"

The reconstructed North Bridge in Minute Man National Historical Park, Concord

 273 British casualties
 95 American  casualties
 The Revolution had  begun

The Second Continental Congress 

Although no legal authority to exist, it operated as the unifying government throughout the Revolution
 By 1775 most British governors had deserted their posts in the Colonies and returned to England .Delegate opinions in the Congress varied and many feared total independence from Britain because of trade and safety concerns.Most expressed concerns over the lack of representation in Parliament, not the power of the monarch.Reluctantly decided to create an army 


  The Continental Army
Relatively unknown man from Virginia
Chosen by the Continental Congress to lead the continental army
Significant because it shows commitment to the war throughout the diverse colonies

General George Washington was appointed Commander-in-Chief of the Continental Army on June 15, 1775.

1781 Drawing of Soldiers of Washington's Army

Infantry of the Continental Army

Continental Army – colonists resisting British rule
 “Blue Coats,” “Patriots,” “Rebels”

British Army – British and colonial supporters fighting to maintain British Power
 “Loyalists,” “Tories,” “Red Coats”

Second Continental Congress Continues its work
Decided to officially declare war
 Created a currency – Continental Dollars

Obverse and reverse of a three pence note of paper currency issued by the Province of Pennsylvania and printed by Benjamin Franklin in 1764.

Continental One Third Dollar Note

 Still hoped to negotiate peace with England

Olive Branch Petition

Sent to the King
Blamed Parliament, not the King for the current conflict
Stated loyalty to the monarch and asked that each colony be recognized as independent parliaments subject to the King.
King George rejected the plan and called Americans “rebels, traitors, and enemies.”

Colonial Resistance and Rebellion ch 2 section 1

   

Boston Massacre

Crispus Attucks (c.1723—March 5, 1770) was a sailor of African and Native American ancestry . His father was an African-born slave and his mother a Natick Indian. He was the first casualty of the Boston Massacre, in Boston, Massachusetts

Crispus Attucks

The Boston Massacre was a deadly riot that occurred on March 5, 1770, on King Street in Boston. It began as a street brawl between American colonists and a lone British soldier, but quickly escalated to a chaotic, bloody slaughter. The conflict energized anti-British sentiment and paved the way for the American Revolution.

Engraving by Paul Revere

                                                              

                                                            

                                                            

http://www.history.com/topics/american-revolution/boston-massacre

The Colonies Organize to Resist Britain
Sugar Act

 
Goal was to raise revenue for Britain, Colonists thought it was a trade regulation
Tax placed on molasses purchased from anywhere but Britain
Colonists continued to smuggle molasses from other sources    

Stamp Act

George Greville introduced the Stamp Act as a means of increasing revenues from the colonies in the wake of the Seven Years War.

an act of the British Parliament in that exacted revenue from the American colonies by imposing a stamp duty on newspapers and legal and commercial documents.
Purpose was to raise money for Britain
First time presented to colonists as a tax to raise revenue
Colonists boycotted Act and eventually it was repealed
The colonists protested and were angry about “taxation without representation”.

                                                                

Paul Revere's 1768 engraving of British troops arriving in Boston was reprinted throughout the colonies.

 Quartering Act

Enforcing the Quartering Act

required colonists to provide housing and supplies to British troops 

1767 Townshend Acts
 Placed taxes on certain goods like glass and tea
 Colonists feared this money would be used to pay the salaries of royal officials
 Resulted in the Boston Massacre where British soldiers killed 5 colonists
 Eventually the Townshend Acts were repealed.

. 1773 Tea Act
Allowed a British company to sell tea without a tax
 Hurt American tea companies
 Resulted in the Boston Tea Party Protest

This iconic 1846 lithograph by Nathaniel Currier was entitled "The Destruction of Tea at Boston Harbor"; the phrase "Boston Tea Party" had not yet become standard. Contrary to Currier's depiction, few of the men dumping the tea were actually disguised as Indians.

 Boston Tea Party
http://www.history.com/this-day-in-history/sons-of-liberty-dump-british-tea 
http://www.boston-tea-party.org/sons-of-liberty.html 

n 1973 the US Post Office issued a set of four stamps, together making one scene of the Boston Tea Party

http://www.bostonteapartyship.com/boston-tea-party-facts

 1774 Coercive Acts (Intolerable Acts)
 Result of Tea Party – punishment for Boston
 Closed Boston Harbor, changed the government of Massachusetts giving the crown more power
 Scared all colonies that they would lose the little political power they had 

Committee of Correspondence (1772)

The committees of correspondence were shadow governments organized by the Patriot leaders of the Thirteen Colonies on the eve of the American Revolution

http://www.history.com/topics/american-revolution/committees-of-correspondence

Formed in Boston to coordinate resistance to British Acts throughout colonies
First Continental Congress
Meeting organized by the Committee of Correspondence
Try to organize a response to Intolerable Acts
Met in Philadelphia in 1774 with 56 delegates from every colony but Georgia
Decided to boycott British goods, encourage the establishment of militias, and sent a letter to King George asking for representation in Parliament

Join, or Die: This political cartoon by Franklin urged the colonies to join together during the French and Indian War (Seven Years' War).

Sons of LIBERTY

Adams as portrayed by Paul Revere. 1774. Yale University Art Gallery

1st Row: Samuel Adams • Benedict Arnold • John Hancock • Patrick Henry • James Otis, Jr. 2nd Row: Paul Revere • James Swan • Alexander McDougall • Benjamin Rush • Charles Thomson 3rd Row: Joseph Warren • Marinus Willett • Oliver Wolcott • Christopher Gadsden • Haym Salomon

The Liberty Tree in Boston, as illustrated in 1825

Library of Congress Liberty Tree Monument

                                           

                                                                         

Thomas Paine's Common Sense

He authored the two most influential pamphlets at the start of the American Revolution and inspired the patriots in 1776 to declare independence from Great Britain.^[2] His ideas reflected Enlightenment-era ideals of transnational human rights.

Common Sense was so influential that John Adams said: "Without the pen of the author of Common Sense, the sword of Washington would have been raised in vain"

First Continental Congress 1774

http://www.ushistory.org/declaration/related/congress.htm