INTRODUCTION

Mayflower_Compact = 1620
Declaration_of_Independence = 1776
The_Amercican_Constitution = 1787

Creation of a Nation:
Pilgrim Fathers, by the Mayflower (boat) brought the Mayflower Compact
>>> birth of American Nation.

The signing of the Mayflower Compact   -   The Mayflower Compact


1.  MAYFLOWER COMPACT

-1st settlement = Jamestown 1607
Difficult life, starvation, desease.
-2nd settlement = Plymouth colony 1620

Puritains thought that the English Church was too corrupted.
They want to follow the principles of the Bible, but King James 1st wanted to remain at the head of the Church.
Puritains were persecuted and most of them moved to the New World.


2.  DECLARATION OF INDEPENDENCE


Declaration of Independence     -    The signing of the Declaration of Independence

Relation between England and the colony = mercantilism.
Colony provided raw material (mat 1ère) to the mother country >>> manufactured products sent to the colony to be sold.
Colony = big source of money

1763 = King George the 3rd 
War against france during 7 years to defend their position in North America >>> cost lot of money. The King thought that colony should pay for that >>> increasing of the taxes on goods (sugar...)

"Stamp Act" = any printed document should bear a stamp proving that the tax has been paid.
>>> rebellion among the American settlers.
Many people thought that laws were voted by the British Parliament without the consent of the colony >>> unfair, undemocratic.
George thought he could be above the laws (contrary to the Magna Carta)

1776 JULY 4th = Separation of America colony from the mother country.
Moral and constitutional justification for the separation.
= name of the country UNITED STATES OF AMERICA

Influence of the Enlightenment Philosophy >>> human by nature have a righ of life, liberty, health and possessions. And you fid this in the declaration, people have the right to consent their government and the power of law making.
"All men are created equal" is a fondamental law of the country
(criticizes against the King >>> ref. Declaration of Independence)

The document defines the identity of the nation and defines the power granted to a new government. This is a message sent to the former nation, no link with GB anymore.
States united but different identities, union of colonies.
>>> but need of a constitutional frame. 

3.  THE AMERICAN CONSTITUTION


The American constitution        -         Signing of the Constitution

     → The american constitution
Each state is independent, no centralized power.
1781: the articles of confederation >>> provide a certain corporation, each state keeping its authority, freedom, sovereignty.
No executive branch, no common currency >>> no real union
= dangerous because no foreign policy is possible.

1787: Constitution >>> give USA a central power + some autonomy to the states.

Separation of power but interaction >>> "check and balances"
Central government, federalism

   • art.1: Legislative power, Congress (house of Representatives & the Senate)
2 senators for 1 state & H. of R. proportional to the number of inhabitants in each state.
The congress collect taxes, declare war, impeach the president. No aristocracy or privileges in USA "class-less society" = no social elite or hierarchy.

   • art.2: Executive power given to the President. He is elected by the people and will protect them from tiranny and dictatorship.
He swear on oath, every decision he will take will be constitutional. He is commander in chief of the army and the navy. He can be impeach by the Congress for treason, high crime...

   • art.3: Judicial power given to the Supreme Court and 9 judges.
The S.C says if a law is constitutional or not "judicial review"

   • art.4: 13 colonies at the beginning, they're going to extend their territory.
New states will born >>> flexible text. More newcomers so need more states.

   • art.5: Flexibility, Society is going to involve. The Congress can vote amendments.

   • art.6: Constitution & treaties made will be valid for all the 13 states. Each state has its own laws + the Constitution. No religion imposed.

The Constitution is supposed to create the union >>> need of real institutions to build it. Common foreign policy, common currency, common economy.
The confederate states made their money. Equality among the states, each state has its own institutionsat the same level. All protected by the federal state.
The country is going to be a democracy, people are citizens, not subjects anymore.
No talks about slavery in the Constitution, freedom of religion, separation of church and state


     → The Bill of Rights
1791: Added to the Constitution to protect more the citizens.

AMENDMENTS:
   1. Freedom of speech, the press and religion.
   2. Right to carry a gun to protect themselves.
   3. Against abuse of power of the army.
   4. Protection private life, effects. No inquiries without the judges' order.
   5. Right to be defend, you can't pushed someone to do something, can't be judged twice for the same sentence
   6. Right of being tried in front of a jury of persons to avoid abuses of power from the judges.
   8. Death penalty abolished. No crual punishments authorized.