Chapter 2 : The sources of the American Constitution

• In 1775, population divided over the attitude towards Great Britain (cf : John Adams) one third of the colonists were opposed to the war, one third was neutral, and one third was for the war
• Up to the French and Indian War, the colonies had not clear links, there were focused on themselves.
• Consciousness that the colonies would not be able to defeat the British on their own independence sooooo ?

  Deciding France and Spain to join the fight.
• Who worked on a formal declaration of independence

  5 delegates among which Benjamin Franklin, Thomas Jefferson and John Adams (Massachussetts)
• Who was the main drafter of the Declaration of Independence ?

  Thomas Jefferson
• Montesquieu wrote about power's separation system :


  Legislative, judiciary and executive power
• Declare independence meant breaking ties for England and deciding which type of government they wanted
• The Articles of Confederation were...

  The First US' Constitution
• The Articles of Confederation function was to

  Regulate the relations between the States
• The Articles of Confederation used to :

  • Limited the powers of Congress
  • Protected the sovereignty of each state
  • Created the Confederation Congress
  • Majority rule
  • No power of taxation (the power could not tax the states)
• Date of adoption of the Articles by the Continental Congress

  November 1777
• Date of the end of ratification process of the Articles of Confederation after unanimous approval.

  1781
• Troubles during the Independence begin : Weak union loosely knit by the Articles of Confederation,

  Powerless Congress
• The Congress couldn’t prevent the states :

  • From negotiating with foreign powers
  • Nor from imposing tariff barriers between one another
  • Nor from armed conflicts between them
• Problems to be solved at the beginning of the independence :

  • Nature of the Union between the states ?
  • Powers given to the common entity ?
  • How to recoup the heavy debt (over 10$ million due to foreign powers) ?
  • Slave trade ?
  • Fugitive slaves ?