Creating A New Government

ARTICLES OF CONFEDERATION Americas First Attempt at a National Constitution  established an association of independent states  states had common goals  some type of central government  did not want to give too much power to government Weaknesses of the Articles  No Executive Branch to enforce laws  No Judicial Branch to interpret laws passed  Government could not impose or collect taxes difficult to pay for war  Congress could not regulate trade  Difficult to put policies into effect 9 of 13 states must agree on any proposed law all 13 states had to agree to amend the Articles

DRAFTING A NEW CONSTITUTION How do the states find a balance between large and small states and northern and southern interests? VIRGINIA PLAN Large State Plan NEW JERSEY PLAN Small State Plan 3 separate branches of government Bicameral legislature – 2 houses number of representatives based on population more power in national government to larger states set up a court system Unicameral legislature – one house equal representation for each state equal power in national government THE GREAT COMPROMISE balance interests of large and small states Bicameral legislature one branch, Senate, 2 representatives from each state other branch, House of Rep., representation based on population Population 3/5 Compromise – all whites plus 3/5 of slave population counted for representation and taxation Native Americans wouldn’t count Spending bills would begin in House where large states had more power

CHECKS AND BALANCES How does the government balance the powers between the three branches of government? LEGISLATIVE BRANCH makes the laws impeach and remove President and Supreme Court Justices override veto refuse Presidential appointments propose Constitutional amendments EXECUTIVE BRANCH enforces the laws veto acts of Congress call special sessions of Congress propose laws to congress appoint federal judges JUDICIAL BRANCH interprets the laws declare laws unconstitutional declare executive acts unconstitutional appointed for life

CONGRESSIONAL POWERS How did the writers of the Constitution decide what type of powers to include? EXPRESSED POWERS IMPLIED POWERS CONCURRENT POWERS Powers that are specifically written in the Constitution power to finance the government power to regulate trade power to declare war and maintain an army power to make and pass laws power to regulate immigration Power to make all laws “necessary and proper” for carrying out expressed powers Implied powers are not specifically written in the Constitution but allow the Constitution to adjust to a changing nation power to maintain an air force power to levy income taxes power to create a national bank Powers that are held by both the state and the federal government because the needs are similar power to tax – state and federal taxes power to build roads power to create and enforce laws power to borrow money If a state law conflicts with a federal law, the federal law wins out!

RATIFIFYING THE CONSTITUTION Who opposed and who supported the Constitution and what were their political ideals? FEDERALISTSANTI-FEDERALISTS supporters of the Constitution believed strong national government federalists ideals popular in the cities and amongst the wealthy opposed the Constitution feared a strong national government – lead to tyranny worried government would abuse states’ rights and individual freedoms believed new government favored elite/educated many anti-federalists were farmers and planters What addition to the Constitution convinced the anti- federalists to agree to ratify the Constitution?

THE BILL OF RIGHTS The first 10 Amendments were added to the Constitution as some people feared that a stronger central government might take away basic rights and freedoms of the people. Protected both individual and states against too much government power Amendment 1Amendment 1 Freedoms, Petitions, Assembly Amendment 2 Right to bear arms Amendment 3 Quartering of soldiers Amendment 4 Search and arrest Amendment 5 Rights in criminal cases Amendment 6 Right to a fair trial Amendment 7 Rights in civil cases Amendment 8 Bail, fines, punishment Amendment 9 Rights retained by the People Amendment 10 States' rights Amendment 2 Amendment 3 Amendment 4 Amendment 5 Amendment 6 Amendment 7 Amendment 8 Amendment 9 Amendment 10