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Forming our National Government
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Declaration of Independence
Jefferson used the preamble to describe the basic rights of man. To have Legitimacy, all governments have to do certain things British government has not done the things needed to be done by a government British government does not have Authority/Legitimacy over colonists
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Declaration of Independence
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Declaration of Independence
Committee of 5 assigned to write it Written mainly by Thomas Jefferson ( age 33) Adams & Jefferson both became president Adams & Jefferson both died the same day July 4, 1826
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Articles of Confederation
July 12th, 1776, plan to form confederacy presented to Congress Drafted by John Dickinson of Pennsylvania Approved by a committee made up of one person from each of the states November 15, 1777, the Articles were proposed to the colonies AOC ratified by all the states and went into effect March 1, 1781
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Articles of Confederation
Individual political units (States) maintain their sovereignty This independence of each political unit is seen as both the main advantage and main disadvantage of a confederation. Many confederations have been tried throughout world history, but none survive today.
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Weaknesses of the Articles of Confederation
Could not levy taxes or regulate commerce Sovereignty, independence retained by states One vote in Congress for each state 9 of 13 votes needed to pass any measure Delegates to Congress picked & paid by state Little money coined by Congress
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Weaknesses of the Articles of Confederation
Army small, dependent on state militias Territorial disputes between states led to open hostilities No national judicial system All thirteen states’ consent needed for any amendments
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Crisis leading to a Call for a Constitutional Convention
Newburgh Mutiny (1783) Military officers discontent with lack of pay Annapolis Convention (1786) Only 5 states showed up Issued a report & call for another meeting
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Shay’s Rebellion (1787) Group of ex-Revolutionary war soldiers prevented the courts from holding session Governor (Mass.) asked the Continental Congress to send troops to suppress the rebellion However, CC could not raise the money or manpower Mass. Governor looked to his own state’s militia, but did not have one Finally, private funds were raised to hire a volunteer army to stop the rebels
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Writing the Constitution The Framers (who showed up in Philadelphia May 1787)
55 attended 29 were veterans of the Continental Army 12 of 13 states were present (Rhode Island) 8 had signed the Dec. of Independence 41 were members of Cont. Congress 7 state governors (+2 ex gov) Many later served in the U.S. Gov’t
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The Framers Views on arriving in Philadelphia
Had read Locke, Jefferson, others Doubted that democracy would guarantee liberty Pennsylvania experience Saw need for strong government to maintain order Massachusetts – Shay’s Rebellion Problem was how to reconcile liberty – strong central government. Madison – Federalist Paper #51
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The Constitutional Convention
George Washington – presided Met in Philadelphia – summer 1787 Meetings secret, no minutes Records are from James Madison’s notes Authorized to revise Art. of Confed
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The Virginia Plan Authored by Madison – starting point
Strong National Gov’t – veto state laws Three Branches Legislature – two houses Exec & Jud – chosen by legislature Council of Revision – veto power Veto could be overridden
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The New Jersey Plan Small States concerned –
Virginia plan based on population Amend articles to increase national power Maintain one vote per state in Congress Congress chosen by state legislatures
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The Great Compromise Key Vote on June 19, 1787
Virginia Plan supported by 7 states New Jersey Plan supported by 3 states One state was split Two not there While Virginia plan had majority support the delegates realized compromises needed to be made to ensure a constitution that would be ratified by the whole nation.
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The Great Compromise AKA: The Connecticut Compromise House Senate
based on population, elected by the people Senate two per state, chosen by State Legislature Won on 5-4 vote Massachusetts Split NY, NH & RI not there
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Slavery Compromises 3/5 compromise
Determine population for House seats 1808 first consideration of banning slave trade Fugitive slave clause
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Bill of Rights Some rights are in the constitution
States had their own Bill of Rights Promised in several states to get ratification Proposed by Madison in 1st Congress 10 of 12 passed in 1791 1 passed in (27th Amendment)
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What We Got Republic – not a democracy System of representation
Amendment process Separation of powers - checks and balances Federalism – powers divided between levels Procedure for adding new states
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Timeline of Ratification
Constitution submitted to States Sept. 17, 1787 9th state ratifies (N.H.) June 21, 1788 Elections held in states various dates New government established March 4, 1789 Congress quorum April 6, 1789 Washington Inaugurated April 30, 1789
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Timeline of Ratification
James Madison proposes Bill of Rights June 8, 1789 Congress establishes Supreme Court Sept. 24, 1789 Congress passes 12 proposed Amendments Sept. 25, 1789 Supreme Court meets 1st Time Feb 2, 1790 Virginia ratifies Bill of Rights (10 Amd.) Dec 15, 1791
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Dates States Ratified Delaware December 7, 1787
Pennsylvania December 12, 1787 New Jersey December 18, 1787 Georgia January 2, 1788 Connecticut January 9, 1788 Massachusetts February 6, 1788 Maryland April 28, 1788 South Carolina May 23, 1788 New Hampshire June 21, 1788 Virginia June 26, 1788 New York July 26, 1788 North Carolina November 21, 1789 Rhode Island May 29, 1790
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