Articles of Confederation

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

Weaknesses of the Articles of Confederation LConfederate system w/one branch at the national level LUnicameral Congress - one vote per state LNational Congress powerless to tax LNational Congress powerless to regulate foreign & interstate trade LNo executive branch to enforce acts of Congress LNo national court to settle disputes between states LAmendment: ALL 13 states had to agree - unanimous L9/13 majority to pass laws

Solutions provided by the U.S. Constitution Federal System Bicameral Congress: (Connecticut Compromise) Senate – States are equally represented – 2 per state House of Representatives – Based on population size Congress given power to tax Congress given power to regulate trade Executive Branch to enforce laws Judicial Branch to interpret laws & Constitution Amendment: Proposed by 2/3 Congress Ratified by ¾ of the state legislatures 50%+1 to pass laws

Articles of Confederation vs. the Constitution LConfederate system LUnicameral Congress - one vote per state LPowerless to tax LPowerless to regulate foreign & interstate trade LNo executive branch to enforce acts of Congress LNo national court to settle disputes between states LAmendment: ALL 13 states had to agree - unanimous L9/13 majority to pass laws Federal System Bicameral Congress: Senate & House of Representatives Congress given power to tax Congress given power to regulate trade Executive Branch to enforce laws Judicial Branch to interpret laws & Constitution Amendment: 2/3 Congress + ¾ State Legislatures 50%+1 to pass laws

The Constitution (1789) Ratification - approval process: Issues: Representation, tyranny of the majority, governmental power Federalists (James Madison, John Jay & Alexander Hamilton) Representative of the people and have a measure of autonomy from the people = efficiency & competency Feared tyranny of the majority 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 favored state power feared aristocratic nature of governments opposed the lack of a bill of rights

HW: Socratic Seminar prep See web page Due 8/28 A day & 8/29 B day: read pp. 90 – 112 and take notes.

Necessary & Proper Clause Article I, Section 8, Clause 18 Basis for the implied powers given to Congress Must be tied to an expressed power Known as the Elastic Clause “To make all laws which shall be necessary and proper for carrying into execution the foregoing powers…”

Supremacy Clause Article VI, Section 2 The Constitution and treaties of the United States are “the supreme law of the land” U.S. Constitution Acts of Congress & Treaties State Constitutions State Statutes (laws) City & County Charters & Ordinances (laws) U.S. Supreme Court = highest court

Full Faith & Credit Clause Each state had to give “full faith and credit” to the official acts of all other states. Privileges & Immunities Clause F Citizens of any state were guaranteed the “privileges and immunities” of every other state, as though they were citizens of that state Article IV: Provision for reciprocity among states and among citizens of all states:

Commerce Clause The Congress shall have power... To regulate commerce with foreign nations, and among the several states, and with the Indian tribes; Gibbons v Ogden Can a state regulate interstate? Which one of the steamboats is correct?

Connecticut Compromise Compromise between New Jersey and Virginia Plans Bicameral Congress – two chambers House of Representatives – states are represented according to the size of their population Senate – equal representation – each state receives two seats

Three-Fifths Compromise 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

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