Our U. S. Constitution Birth of our enduring nation

Why did the Articles of Confederation fail? November March 1781: a Confederation (partnership) of independent equal states was formed Because of the experience of the American Revolution, Americans were frightened by a strong central government and showed more loyalty to their states The new government contained only one branch- unicameral legislature with no power to enforce laws or settle disputes (Georgia modeled their 1777 Constitution on 3 branches, but the legislature was unicameral and had all the real power including appointing the governor )

Why did the Articles of Confederation fail? continued Congress had no money and could not levy taxes; it could only ask states for “voluntary contributions” Congress had no power to regulate trade between states or with foreign nations Congress failed to protect citizens from state discrimination and economic difficulties after the war

Case Study: Shay’s Rebellion  America was in financial trouble: businesses failures, people in debt, trade problems, war debt and soldiers salaries not paid  Massachusetts farmers blamed state taxes on their financial problems  Daniel Shays led a revolt against the state government, trying to capture arms at the state militia arsenal  Neither state nor Confederation government had the power to stop the rebellion;  How could a country exist if it could not keep law and order?

Philadelphia Convention May- October delegates from 12 states; Georgia sent 4, but only William Few and Abraham Baldwin would sign the final document. Six compromises were needed to form the Constitution for a stronger national government:  Separation of Powers  Checks and Balances  Federalism  Representation  Guarantees to the States  Amending the Constitution

Separation of Power U. S. Constitution “Supreme Law of the Land Legislative Branch To make laws Executive Branch To carry out, enforce, & administer the laws Judicial Branch To interpret the laws & settle legal disputes To prevent a national government from becoming a dictatorship, the framers of the Constitution laid out a plan for shared powers. The National government would be divided into three branches, all based on the voters. Both the leaders of the Legislative Branch and the Executive Branch would be voted on by the people, and the leaders of the Judicial Branch would be selected by the Executive & Legislative Branch.

Checks and Balances To further balance the power, each of the three branches could check the powers of the others Executive Branch Legislative Branch Judicial Branch Appoints vacancies Determines if laws Are constitutional Confirm appointments Impeach, override veto Power to veto Impeach, propose amendments Interpret laws, determine if they are constitutional

Federalism On the issue of a strong national government with strong state powers, the compromise consisted of distributing powers:  National government is in charge of national matters ex. foreign policy; money  In matters of both national & state government concern, they share power ex. highways; taxes  In some matters, states are free to govern without national interference; local governments are arms of the state ex. education programs; traffic violations

Representation in Congress “The Great Compromise” Large states (ex. Virginia) wanted representation based on population Small states (ex. Delaware) wanted equal representation Congress created 2 houses- the House of Representatives with numbers based on population and the Senate with 2 representatives from each state Heavy Slave states wanted to count slaves into population totals, but not taxable Non Slave states did not want to count slaves into population totals; wanted Congress to regulate slave trade 3/5 of the slave population would be counted for population and taxes; Congress could not regulate the slave trade for 20 years (1808) *Abraham Baldwin-GA-forced the compromise

Guarantees to the States How would the Constitution protect the states and guide their relationships? The National government will protect the states from foreign invasion or domestic violence Moving from state to state will not deny a citizen his rights There will be an orderly process for a territory to become a state, with equal rights and powers as other states (no colonies) Every state is guaranteed a republican form of government, but lets the people of each state shape that government

Amending the Constitution How easy would it be to change this document on which the government was built?  Not so easy as to be altered by changing, temporary emotions  Must be flexible to grow with a changing nation  2/3 of both houses of Congress or 2/3 of state legislatures must propose an amendment or call a convention to propose one; ¾ of the states would have to approve the proposed amendment for it to pass. In 200 years this has happened only 27 times.

Compromise needed to get ratification of the Constitution: Fearing danger to individual liberties in the new constitution, opponents got a promise to add the Bill of Rights Bill of Rights (first 10 Amendments): I.Freedom of religion, expression, press, & assembly II.Right to bear arms III.No quartering of soldiers IV.No unreasonable searches or seizures V.Right to due process of law (rights of persons accused of a crime) VI.Right to a fair trial VII.Right to a trial by jury VIII.Fair bail and punishments IX.Rights to be retained by the people X.Powers reserved to the states and people (powers not listed by the constitution are reserved to the people or the state.)

And so through compromise, our Enduring Constitution was formed