The Constitution From the Articles of Confederation to the Present Day

Weaknesses of the Articles 1.Could not levy taxes or regulate commerce 2.Sovereignty, independence retained by states 3.One vote in Congress for each state 4.Nine of thirteen votes in Congress required for any measure 5.Delegates to Congress chosen & paid by state legislatures 6.Little money coined by Congress 7.Army small and dependent on independent state militias 8.Territorial disputes between states led to open hostilities 9.No national judicial system 10. All thirteen states’ consent necessary for any amendments

Plans of Government Characteristic Virginia Plan New Jersey Plan Legislature Two chambers One chamber Legislative power Derived from the people Derived from the states Executive Unspecified size More than one person Decision rule Majority Extraordinary majority State laws Legislature can override National law is supreme Executive removal By Congress By a majority of the states Courts National judiciary No provision for national judiciary Ratification By the people By the states

Compromise The CT CompromiseThe CT Compromise –Bicameral legislature House of Representatives based on proportional representationHouse of Representatives based on proportional representation Senate based on equal representationSenate based on equal representation Additional CompromiseAdditional Compromise –Three-fifths compromise –Commerce and slave trade –Electoral college and presidential terms

Preamble: Six goals –Form a more perfect Union –Establish justice –ensure domestic tranquility –Provide for the common defense –Promote the general Welfare –Secure the blessings of liberty

Basic Principles Popular SovereigntyPopular Sovereignty FederalismFederalism Separation of PowersSeparation of Powers Checks and BalancesChecks and Balances Judicial ReviewJudicial Review Limited GovernmentLimited Government

The Articles 1.the legislative powers 2.the executive powers 3.the judiciary 4.federalism/relations between states 5.amendment process 6.Supremacy and responsibility 7.ratification process

I. The Legislative Branch A. The powers granted Congress are expressed in Article I, Section 8. –Delegated Powers B. Powers denied in Article I, Section 9 –Right of habeas corpus-- No bill of attainder –No ex post facto law-- Titles of nobility –Tax Export-- tax states unequally (voided by 16 th AMD) II. The Executive Branch II. The Executive Branch A. The Founders recognized the need for a strong executive and granted the president broad but vaguely described powers. B. Article II, Sections 2 and 3 describe the specific powers of the president. III. The Judicial Branch A. Two levels of courts, federal and state, each with its own jurisdiction B. Supreme Court exercises important power by using judicial review. IV. Shared Power and Conflict A. The executive and legislative branches must cooperate to produce effective policies –the expansion of presidential power has caused conflicts C. The Supreme Court must depend on the president and the executive branch to carry out its decisions. –Congress has the power to limit judicial authority

Amendments

From Confederation to Constitution Under Articles of Confederation Under Federal Constitution A loose confederation of states A firm union of people 1 vote in Congress for each state 2 votes in Senate for each state; representation by population in House (see Art. I, Secs. II, III) 2/3 vote (9 states) in Congress for all important measures Simple majority vote in Congress, subject to presidential veto (see Art. I, Sec. VII, para. 2) Laws executed by committees of Congress Laws executed by powerful president (see Art. II, Secs. II, III) No congressional power over commerce Congress to regulate both foreign and interstate commerce (see Art. I, Sec. VIII, para. 3) No congressional power to levy taxes Extensive power in Congress to levy taxes (see Art. I, Secs. VIII, para. 1) No federal courts Federal courts, capped by Supreme Court (see Art. III) Unanimity of states for amendment Amendment less difficult (see Art. V) No authority to act directly upon individuals and no power to coerce states Ample power to enforce laws by coercion of individuals and to some extent of states