Launching the New Government Mr. Phipps American History

Problems in the New Country How to include state constitutions into the fabric of a new government without stepping on the sovereignty of the states How to choose leadership, singularly and congressionally, and guarantee that they can’t abuse their power How to increase federal revenue, create new states, and facilitate trade and exchange How to deal with slaves, as an issue of human rights, congressional apportionment, and property rights

I. Designing a National Government

A Call for Congress: The 3rd Continental Congress Purpose of the 3rd Continental Congress: To Build a New Government (if the Revolution works, and not everyone is dead) To write a constitution: The Articles of Confederation Join all colonies as a United Confederation Allow for each state to be independent All decisions made by a Congress of state delegates All decisions agreed by 2/3 majority

The Problems with Confederation Membership was voluntary No taxation, and therefore no money No common defense, military (for the Revolution, or after) No way of dealing with internal problems No way to enforce ANYTHING =A nice idea, but worthless

The Father of the Constitution James Madison Brought 56 delegates together to “rewrite” the A. of C. Strengthen and unify a central government Divide power into three branches Elect officials directly through popular vote

The Issues Would a strong central government become another tyrant over the people? Should people rule themselves, or should the federal (central) government make decisions for everybody? Should representation be based on population (and favor large states) or be equal (and favor small states)? Should slaves be considered people, and factor into population count?

II. The Constitutional Convention

Philosophic Background John Locke and Thomas Hobbes –Social Contract Theory –Right to Life, Liberty, and Property –Natural, Unalienable Rights, endowed by God –Polity requires consent of the governed Citizens had to be protected from tyranny in all forms –The majority –The abuses of centralized government –Future need Elections had to be protected from change –Changing times, fashions, security threats

The Virginia Plan Advocated by James Madison Power separated into a bicameral legislature Legislators would vote as individuals, representing constituenties, not as a bloc Legislature would have unlimited power to make laws Legislature would elect judiciary and executive branch Representation –> based on population: –Leg. = people= reflective of dynamic/strengths/power of states

The New Jersey Plan A.K.A. “The Small State Plan” Advocated by William Peterson Will become the platform for the Anti- Federalist/ Jeffersonian-Democratic Party Legislative power in one house--unicameral Judiciary and Executive separately chosen Representation is equal –All states, regardless of size or population gets the same number of representatives

The Great Compromise A.K.A. The Connecticut Plan Bicameral Legislature –Upper House=Senate--> Every state has equal representation (2 Senators per state) –Lower House=House of Representatives--> Every state has proportionate representation, based on population Census data required every 10 years to re- apportion representatives All tax laws originate in the H. of R.

Rationale Senators Serve 6 year term Can be re-elected Serves longer because they deal with foreign policy –Requires relationships and more experience Representatives Serve 2 year term Can be re-elected Serves less time because they deal with tax –Re-election needs require a closer contact with the local people

The Issue of Slavery Northern abolitionists –Advocated for the abolition of slavery –An end to the slave trade (particularly through Washington, D.C. and South Carolina) –The abolition of slavery in new territories (esp. Northwest Territory) Southern Slave Holders –Advocated for the continuation and necessity of slavery –Contended that all of America depended on the raw materials grown in the South –Argued for the protection of private property

Slaves and Representation The slave debate focused on whether to count slaves as population Northerners –Argued that since slaves were not considered people, and were not guaranteed civil rights (esp. voting rights) they should not be included as population –The North, which had a large white population, wanted to maintain Congressional power Southerners –Argued that slaves were workers, consumed resources, required protection, and were an essential component to the economy –The South, which had a small white population, wanted to include slaves to get more Reps. The Resolution: The Three-Fifths Compromise –Slaves are 3/5 of a person

III. Balancing Power

The American Constitution Constitution divided into two parts –Articles--rights of government (7 Articles) –Amendments--rights of individual (27 Amendments)

The Organization Articles I-III –Separates power into three branches of government –Art. I-Leg.; Art. II-Exec.; Art. III-Judic. Articles IV-VII –Power of Law –Power of Constitution –Reserved Powers –Amending the Constitution Amendments I-X –Bill of Rights Amendment XI-XII –Organization of Government Amendment XIII-XV –Civil Rights Amendments –Slave Amendments Amendments XVI-XIX –Progressive Amendments Amendments XX-XXI –New Deal Amendments Amendments XXII-XXVII –Great Society Amendments

Article I: The Legislature Make laws Collect taxes Borrow and coin money Establish immigration policy Declare war and raise armies Approves treaties Control interstate activities (trade, marriage, etc) ****To do ANYTHING NECESSARY AND PROPER (The Elastic Clause)

Article II: The Executive Branch Term: 4 years, 2 term limit President  Vice President  Cabinet (Sec. of State, etc.) Commander-in-Chief of American military Executes law, sign/veto law Makes treaties Appoints judges

Article III: The Judicial Branch Interprets law Reviews “constitutionality” of laws Reviews lower court cases Preserves balance against political parties

The Separation of Power

Checks and Balances

The Constitution in Time Interpretation of the Constitution has changed due to: –Personality of the President –Issues of the day –Crises, Wars, International Affairs –Demands of the People –Economic Pressures

IV. The Origin of Political Parties

Based on Interpretation “Loose Interpretation” A.K.A. “Loose Construction of Constitution” –Interpretation of Constitution must be flexible –People change, society changes, technology changes-->Constitution must adapt –What the Constitution doesn’t say EXPLICITY, the branches of government can do “Federalists” “Liberals” “Strict Interpretation” A.K.A. “Strict Construction of Constitution” –Constitution should remain the constant –The Constitution must be the measure of social, ethical, and moral change –Government can ONLY do what the Constitution EXPLICITLY says “Anti-Federalists” “Conservatives”

The Formation of Political Parties Federalists Alexander Hamilton Beliefs in Government –Rule by rich and well educated –New government should favor merchants, manufacturers, and lawyers –Strong central government with a strong president –Favored industry –Wanted strong alliance with Britain –Centralized banking and create debt spending –Cynical –Loose interpretation of the Constitution The North Anti-Federalists Thomas Jefferson Beliefs in Government –Rule by everybody –New government should favor farmers, artisans, and poor classes –Weak central government, power given to the states to reflect individual interests –Favored agriculture and farming –Wanted strong alliance with France –Low taxes, small tariffs –Idealistic –Strict interpretation of the Constitution The South

Issues Citizen Genet’s uprising Whiskey Tax Shays’ Rebellion Impressment of sailors by British navy Barbary Pirates French Revolution Alien and Sedition Act Virginia and Kentucky Resolution