The Articles of Confederation & The Constitution

The Articles of Confederation The Articles were written John Dickinson The Articles were written John Dickinson The Articles are considered the first national constitution The Articles are considered the first national constitution

The Articles of Confederation The fear of having too much power in one person’s hands reflects the experiences the colonies had under a monarchy The fear of having too much power in one person’s hands reflects the experiences the colonies had under a monarchy

Weaknesses of the Articles of Confederation A unicameral Congress [9 of 13 votes to pass a law]. 13 out of 13 to amend a law Representatives were frequently absent. Could not tax or raise armies. No executive or judicial branches.

Strengths of the Articles of Confederation The Treaty of Paris 1783 was signed The Treaty of Paris 1783 was signed The Northwest Ordinance was passed The Northwest Ordinance was passed Had the power to declare war and peace, print money, make treaties and settle state disputes Had the power to declare war and peace, print money, make treaties and settle state disputes

Strengths of the Articles of Confederation: Settling Western Lands The Land Ordinance of 1785 stated that land in the west was to be explored The Land Ordinance of 1785 stated that land in the west was to be explored The Northwest Ordinance assisted in the expansion of the United States, it outlined a plan for applying for statehood to western territories The Northwest Ordinance assisted in the expansion of the United States, it outlined a plan for applying for statehood to western territories 5,000 free males who own 50 acres can start govt 5,000 free males who own 50 acres can start govt Population of 60,000 could become a state Population of 60,000 could become a state

Settling Western lands The Northwest Ordinance provides an orderly settlement process in the West The Northwest Ordinance provides an orderly settlement process in the West It promised It promised no slavery no slavery education education freedom of religion freedom of religion trial by jury trial by jury

Northwest Territory The Northwest Territory was east of the Mississippi River and north of the Ohio River. The states of Ohio, Indiana, Illinois, Minnesota, Michigan, and Wisconsin would be formed from this area.

State Constitutions Most had strong governors with veto power. Most had bicameral legislatures. Property required for voting. Some had universal white male suffrage. Most had bills of rights. Many had a continuation of state- established religions while others disestablished religion.

Shays’ Rebellion: Daniel Shays Western MA Small farmers angered by crushing debts and taxes. The tax burden was forced upon the lower income families The army put down the Rebellion and Shays was sentenced to death Later pardoned

Reasons for Shays’ Rebellion Farmers are required to pay debts in gold, they have no money because they were not paid during the war Farmers are required to pay debts in gold, they have no money because they were not paid during the war Wealthy lawmakers invested their money in the war too. And seek to get money from the farmers debts Wealthy lawmakers invested their money in the war too. And seek to get money from the farmers debts

Shays’ Rebellion Poor farmers are not represented government and cannot pass debt relief laws Poor farmers are not represented government and cannot pass debt relief laws The rebellion will free debtors from prisons and close courts that are hearing cases against farmers The rebellion will free debtors from prisons and close courts that are hearing cases against farmers

Shays’ Rebellion The MA militia is called out to stop it The MA militia is called out to stop it Poor farmers in 1791 elect officials who support their stance and will close courthouses and demand financial help from the Congress Poor farmers in 1791 elect officials who support their stance and will close courthouses and demand financial help from the Congress Shays’ Rebellion will prompt national leaders to create a stonger central government Shays’ Rebellion will prompt national leaders to create a stonger central government

Results of Shays’ Rebellion The states realized the need for a stronger central government. The states realized the need for a stronger central government. The Constitution began being constructed. The Constitution began being constructed.

Samuel Adams Said What?! “Rebellion against a king may be pardoned, or lightly punished, but the man who dares to rebel against the laws of a republic ought to suffer death”

Views about Shays’ Rebellion Adams will also write a law called the Riot Act, which prohibits 12 people or more from meeting and gives the government the power to shoot rioters! Adams will also write a law called the Riot Act, which prohibits 12 people or more from meeting and gives the government the power to shoot rioters! Samuel sure has changed since 1776! Samuel sure has changed since 1776!

Thomas Jefferson Said What?! "A little rebellion now and then is a good thing. It is a medicine necessary for the sound health of government. God forbid that we should ever be twenty years without such a rebellion."

Who wrote the Constitution : 55 men 55 men experienced in politics experienced in politics men of wealth and prestige (elite) men of wealth and prestige (elite) most were formally educated most were formally educated all were white all were white owned property owned property relatively young relatively young James Madison

The Constitution (1789) Ratification - approval process: Issues: Representation, tyranny of the majority, governmental power Federalists (James Madison, John Jay & Alexander Hamilton) Federalists (James Madison, John Jay & Alexander Hamilton) Representative of the people Representative of the people Feared tyranny of the majority Feared tyranny of the majority Favored strong national government Favored strong national government

Ratification of the Constitution…  Anti-Federalists (Thomas Jefferson, Robert Yates & Patrick Henry) feared giving too much power to the national government feared giving too much power to the national government favored state power favored state power opposed the lack of a bill of rights opposed the lack of a bill of rights

The United States of America First President George Washington ( ) George Washington ( ) Chairman of the Constitutional Convention Chairman of the Constitutional Convention chosen President by unanimous consent by the members of the Constitutional Convention chosen President by unanimous consent by the members of the Constitutional Convention opposed political parties opposed political parties established tradition of serving only two terms established tradition of serving only two terms First Vice President John Adams John Adams

Principles of the Constitution Popular Sovereignty Popular Sovereignty Limited Government Limited Government Separation of Powers Separation of Powers Checks and Balances Checks and Balances Judicial Review Judicial Review Federalism Federalism

Popular Sovereignty The people are the source of political authority (power) The people are the source of political authority (power) Representative democracy (republic) Representative democracy (republic)

Limited Government Rule of law Rule of law No one is above the law - including members of the government No one is above the law - including members of the government The government must operate within the boundaries of the Constitution The government must operate within the boundaries of the Constitution

Separation of Powers Division of the national government into three co-equal branches Division of the national government into three co-equal branches Each branch given specific responsibilities Each branch given specific responsibilities Legislative Branch = make laws Legislative Branch = make laws Executive Branch = enforce laws Executive Branch = enforce laws Judicial Branch = interpret laws Judicial Branch = interpret laws

Checks and Balances  System designed to prevent any branch of the national government from becoming more powerful than another branch

Judicial Review The power of the courts to decide the constitutionality of laws and acts of government The power of the courts to decide the constitutionality of laws and acts of government Marbury v. Madison: established the idea of Judicial Review Marbury v. Madison: established the idea of Judicial Review

Federalism The powers of government are divided between national and state levels The powers of government are divided between national and state levels Results in a dual system of government Results in a dual system of government Each level has some independent powers Each level has some independent powers

Federalism Inherent/Exclusive Powers: Powers given to the national government because it is the only representative of the entire nation (i.e., war powers) Inherent/Exclusive Powers: Powers given to the national government because it is the only representative of the entire nation (i.e., war powers) Delegated/Expressed Powers: Powers written in the Constitution (i.e., power to regulate trade) Delegated/Expressed Powers: Powers written in the Constitution (i.e., power to regulate trade) Implied Powers: Powers not exactly written in the Constitution - based on the Necessary & Proper Clause Implied Powers: Powers not exactly written in the Constitution - based on the Necessary & Proper Clause Reserved Powers: Powers of the state government / 10th Amendment (i.e., public schools, marriage laws) Reserved Powers: Powers of the state government / 10th Amendment (i.e., public schools, marriage laws) Concurrent Powers: Powers shared by both the national and state levels of government (i.e., power to tax) Concurrent Powers: Powers shared by both the national and state levels of government (i.e., power to tax)

Three-Fifths Compromise In Slave-owning states In Slave-owning states Every five slaves would be counted as three people for the purposes of counting population size for representation in the U.S. House of Representatives and for purposes of taxation Every five slaves would be counted as three people for the purposes of counting population size for representation in the U.S. House of Representatives and for purposes of taxation

Articles of Confederation vs. the Constitution L Confederate system L Unicameral Congress - one vote per state L Powerless to tax L Powerless to regulate foreign & interstate trade L No executive branch to enforce acts of Congress L No national court to settle disputes between states L Amendment: ALL 13 states had to agree - unanimous L 9/13 majority to pass laws Federal System Federal System Bicameral Congress: Senate & House of Representatives Bicameral Congress: Senate & House of Representatives Congress given power to tax Congress given power to tax Congress given power to regulate trade Congress given power to regulate trade Executive Branch to enforce laws Executive Branch to enforce laws Judicial Branch to interpret laws & Constitution Judicial Branch to interpret laws & Constitution Amendment: 2/3 Congress + ¾ State Legislatures Amendment: 2/3 Congress + ¾ State Legislatures 50%+1 to pass laws 50%+1 to pass laws

Bill of Rights 1stFreedom of Religion, Speech, Press, Assembly, Petition 2ndRight to Keep and Bear Arms 3rdQuartering of Soldiers 4thSecurity from Unwarrantable Search & Seizure 5thRights of Accused Persons in Criminal Proceedings 6thRight to Speedy Trial, Witnesses, Trial by Jury in Criminal Cases 7thTrial by Jury in Civil Cases 8thBan Excessive Bail, Fines, and Cruel & Unusual Punishment 9thUnenumerated Rights of the People 10thReserved State Powers