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Birth of our enduring nation
Weaknesses of the Articles of Confederations and Our U. S. Constitution Birth of our enduring nation
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Why did the Articles of Confederation fail?
November March 1781: a Confederation (partnership) of independent equal states was formed Because of the experience the colonists had with Great Britain, Americans were frightened by a strong central government and showed more loyalty to their states (the tyranny of the king) The new government contained only one branch and that branch was a unicameral legislative body with no power to enforce laws or settle disputes (i.e. Shays’ Rebellion)
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…continued 4. Congress had no money and could not levy taxes; it could only ask states for “voluntary contributions” 5. Congress had no power to regulate trade between states or with foreign nations 6. Congress failed to protect citizens from state discrimination and economic difficulties after the war
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Case Study: Shays’ Rebellion Remember what was said in the Preamble of the Declaration of Independence. What do they believe people can do when governments abuse their power? 1786- America was in financial trouble: business failures, people in debt, trade problems, war debt and soldiers salaries not paid Massachusetts farmers blamed high state taxes 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?
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Video clips about Shays’ Rebellion
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Constitutional Convention
A Convention was called to fix these problems, known as the Constitutional Convention In Philadelphia, PA May- October 1787 Signed- Sept. 17, 1787, Constitution Day 55 delegates from 12 states attended Georgia sent 4, but only two would stay until the end William Few and Abraham Baldwin would sign the final document, our U.S. Constitution The law of the land and the framework for our federal and state governments
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Many compromises were needed to form a Constitution that the delegates could agree upon, this called for a stronger national government Some of these compromises include the following: Separation of Powers Checks and Balances Representation Federalism Guarantees to the States Amending the Constitution
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These compromises created a working dynamic framework
How does our government work? How has it changed over the last 2oo+ years?
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Separation of Power Legislative: makes laws
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. Legislative: makes laws Executive: carries out and enforces the laws Judicial: interprets the law and settles disputes
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Checks and Balances Executive Branch Judicial Legislative Branch
To further balance the power, each of the three branches could check the powers of the others Executive Branch Judicial Branch Legislative Branch
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Representation of the states in Congress was a key issue “The Great Compromise”
Large states like Virginia wanted representation based on population Small states like Delaware wanted equal representation They compromised and created a Congress with 2 houses- the House of Representatives which has representations based on population and the Senate with 2 representatives from each state, equal reps. *Abraham Baldwin of GA, forced the Compromise with his tie vote
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Federalism- consists of distributing power between the federal government and state government
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Guarantees to the States
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 has to guaranteed a republican form of government, which means it is a representative form of government
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Amending the Constitution In 200 years this has happened only 27 times
Problem: the first constitution called the Articles of Confederation failed after 10 years. How did they make this new one flexible? Provided for amendments! Not so easy as to be altered by emotional changes that are temporary and frequently shift but flexible to grow with a changing nation. This is what is needed to amend it: 2/3 vote from both houses of Congress or 2/3 of state legislatures ¾ of the states would have to approve the proposed amendment for it to pass.
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The first amendments were created by James Madison:
Fearing danger to individual liberties and too much power in the hands of the federal government, they created the first 10 amendments. This help encourage the state governments to approve this new and improved Constitution! Approved by the first Congress
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Freedom of religion, expression, press, & assembly Right to bear arms
Bill of Rights (first 10 Amendments): Freedom of religion, expression, press, & assembly Right to bear arms No quartering of soldiers No unreasonable searches or seizures Right to due process of law (rights of persons accused of a crime) Right to a fair trial Right to a trial by jury Fair bail and punishments Rights to be retained by the people Powers reserved to the states and people (powers not listed by the constitution are reserved to the people or the state.)
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And so through compromise, our Enduring Constitution was formed
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