The Constitution
I. The Early Republic The Declaration of Independence includes a list of grievances and a statement of separation from the British Empire. B) DOI is influenced by Enlightenment ideas of natural rights, limited government and consent of the governed.
II. The Articles of Confederations A) Problems -No Executive Branch -No Federal Courts -No National Currency (hard for the states to trade) -Federal government had no power to tax. -Amending the the AOC required a unanimous vote -Large states and small states each received one vote
B. Shays’ Rebellion Rebels took control of court houses in Mass. The government did not have the means to put down the rebellion and restore order. Led many to believe the new government was too weak so a new constitution was written.
III. The Constitutional Convention
A. Compromises 1. Representation Virginia Plan (Representation based on population) New Jersey Plan (every state gets equal representation) The Great Compromise: Bicameral legislature House of Reps: based on population Senate: Every State gets two reps
2.SLAVERY 1. States that allowed slavery wanted slaves counted for representation but free states did not. 2. Compromise: Slaves will be counted as 3/5 of a person and Congress was not allowed to make a law abolishing the slave trade for 20 years.
B. Preventing Tyranny
1. House of Reps, the part of government closest to the people Only part of federal government directly elected by the people. lowest age and citizenship requirements shortest terms (2 years) All bills that raise taxes must start in the House House also has the power to bring impeachment charges
2. Checks and Balances
3. Limits on Majority Rule Senate elections are staggered so that only a third of the Senate is elected every 2 years. The President is indirectly elected by the electoral college. The Presidential veto 10th Amendment reserves all powers not given to the federal government to the states. Senators originally elected by state legislatures Independent Judiciary Lifetime appointments of federal judges
4. Federalism The States serve as a check on the federal government. (learn more next chapter)
III. Ratification The Constitution required ratification of 9 states before it became law of the land. A debate broke out between the Federalists and Anti-Federalists over whether or not the states should ratify the Constitution.
Federalist v. Anti-Federalist Backgrounds Small farmers, shopkeepers, laborers Large landowners, wealthy merchants, professionals Government Preferred Strong State governments Weak National Governments Direct election of officials Shorter Terms Rule by common man Strengthened protection for individual liberties Weaker State governments Strong national government Indirect election of officials Longer Terms Government by the elite Less concern for individual liberties Why do you think people from certain backgrounds Were more likely to be Anti-Federalist or Federalist?
C. Federalist Papers James Madison and other prominent Federalists wrote a series essays arguing why the Constitution should be ratified. Federalist # 10 – Factions are undesirable but inevitable in a free society. The new republic will be so big and diverse that it will difficult for one faction to dominate under the new constitution. Federalist # 51- The checks and balances and separation of powers established in the new Constitution will keep any branch of government from becoming too powerful.