The Road to the U.S. Constitution SS.7.C.1.5 Identify how the weaknesses of the Articles of Confederation led to the writing of the Constitution. How the Articles of Confederation paved the way

What is a Constitution? -a detailed, written plan for government

State Governments All of the state constitutions set up a similar form of government. Each state had a legislature to make laws. Most of these legislatures were bicameral. (divided into two parts, or houses. Senate & House of Representatives). Each state also had a governor. each state had courts.

The First Constitution The Articles of Confederation written by the Founders in 1777, would serve as the first constitutional agreement among the 13 states. needed to develop some form of government system.

Confederation The United States began as a confederation. A confederation is… A group of independent states that come together for a common purpose weak central government.

Articles of Confederation Under the Articles of Confederation, the state governments retained most of the power. had little jurisdiction/power over states or individuals. States Nat’l Gov.

What is an ordinance? a law, usually of a city or county

Ordinance of 1785 a law that set up a plan for surveying western lands; this method is still used today.

Northwest Ordinance 1787 law that set up a government for the Northwest Territory and served as a model for other new territories and as a plan for admitting new states to the Union

Weaknesses of the Articles On your handout, explain how each weakness of the Articles of Confederation would be problematic for the new government of the United States. Weaknesses of the Articles

National Government Could Not Tax Problem Congress could not collect taxes. No taxes=no money to run the country. Implication Answer: States would not support the national government. Without taxes there was no way to fund public services and the national government. Ask students to identify the types of services Question for discussion: What would the United States be like if we were missing all of these things?

National government could not regulate trade between states. No regulation of trade States had their own trading practices and regulations with other states. This created slow and tense trade relationships. Problem National government could not regulate trade between states. Implication Answer: State trade relationships would be very tense. States could set their own regulations and taxes thus creating slow and expensive processes for trading, certain states might set a ban on trading with other states, states could prohibit the movement of goods through their state (creating geographical trade issues)

Congress could not regulate foreign trade/commerce. No regulation of trade If states did not uphold their end of the trade, it would create a tense situation. Problem Congress could not regulate foreign trade/commerce. Implication

No Enforcement Power Problem Congress had no power to enforce its own laws in the states People in various states doing what they want Implication Answer: Laws that impact the whole country would have no value if they were not enforced. For example, the requirement to pay taxes to the federal government would have no value under the Articles of Confederation. Side note: there was no power to tax in order to fund law enforcement. This also made the enforcement of laws difficult to impossible.

There was no judicial branch; no separate, national court system No court system to handle national/federal level issues Problem There was no judicial branch; no separate, national court system Implication Why could this be a problem even if the states had their own courts? MISSING

There was no separate executive branch for the central government Article Failures No one to enforce any laws No President No checks and balances Problem There was no separate executive branch for the central government Implication ? Answer: The United States would have no Commander in Chief of the military, ambassadors (representatives of the United States) to other countries, updates on the state of government, ability to override the laws of the legislative branch, appointment of judges to federal or the U.S. Supreme Court (neither of which would exist under the Articles).

Article Failures Problem The Articles required a unanimous vote to make changes to the Articles This made it nearly impossible to make changes to the Articles Implication Answer: None of the amendements to the United States Constitution have ever passed with a unanimous vote. The exercise on the slide will show students which amendments we would be missing if it was required to have a unanimous vote to amend the U.S. Constitution.

Shays’ Rebellion Left in debts and threatened with mortgage foreclosures. In western Massachusetts, a small band of farmers led by Captain Daniel Shays undertook a series of armed attacks on courthouses to prevent judges from foreclosing on farms.

Shays’ Rebellion The rebellion convinced many states of the need for a stronger central government.

Change is Needed As the economic and military weaknesses became apparent, people began asking for changes to the Articles of Confederation that would create a stronger national government.

Click the image to view History Channel’s video on Shay’s Rebellion

Constitutional Convention The intended purpose of the Constitutional Convention was to revise the Articles of Confederation 1787-delegates decide that there are too many problems with the Articles of Confederation – decide to write a new Constitution! The link below will provide a 4 minute video from the History Channel: America Gets a Constitution (4 min) TV-PG After several failed attempts at creating a government, a 1787 convention is called to draft a new legal system for the United States. This new Constitution provides for increased federal authority while still protecting the basic rights of its citizens. http://www.history.com/topics/shays-rebellion/videos

Constitutional Convention By abandoning the Articles, the delegation would write a Constitution that: Create 3 branches of gov’t Addressed the issue of states rights Implemented a system for changing, or amending, the Constitution that did not require a unanimous vote Protected the rights of the people Gave power to the federal government to tax, regulate trade, enforce national laws, and more

But how do we decide how we will set up representation? Virginia Plan = Large State: gave larger states more representation because it was based on population. (2 Houses) New Jersey Plan = Small State: gave smaller states equal representation with larger states. (1 House)

BOTH NJ Plan & Virginia Plan Didn’t Work… Great Compromise Great Compromise resolved issue with a two-house legislature. An upper house—the Senate—provided for two representatives from each state. (Nj Plan!!!!!) A lower house—the House of Representatives—provided for representation based on state population. (Virginia Plan!!!)

But what about the slaves? Three-Fifths Compromise –

The U.S. Constitution created federalism and a balance of power.

The Federalist Papers

Federalists and Antifederalists engaged in debate over the new Constitution.

Ten amendments were added to the Constitution to provide a Bill of Rights to protect citizens. Because the Bill of Rights was added, the Constitution was ratified (passed). WHY???? Protects the states rights.