Articles of Confederation

Articles of Confederation

-Unicameral legislature where each state had one vote.

CouldCould not

-Make laws- Tax

-Control military- Enforce laws

-Organize treaties- Regulate trade

- Establish national courts

- Control money supply

- Federal system: Power is divided between national and state governments.

The End of the AOC

-The Articles proved to be too weak for the country.

-Shay’s rebellion: A group of farmers in Massachusetts were in debt because of heavy state taxes. 1200 rebelled but were defeated.

Constitutional Convention

-May 25, 1787 55 delegates from 12 states met in Philadelphia.

-The purpose of the meeting was to revise the Articles of Confederation.

-The delegates agreed on four things:

1. Throw out the articles.

2. Each state had one vote regardless on the amount of delegates.

3. Keep it secret for 25 years.

4. George Washington would be in charge.

Ratification

-Nine out of 13 states had to ratify the Constitution.

-It was signed by the delegates on September 17, 1787.

-Federalists supported the Constitution. They wrote a series of essays called the Federalist papers that were published in newspapers across the country. James Madison, Alexander Hamilton, and John Jay were the writers defending the Constitution.

-Anti-federalists were those that opposed the Constitution. That felt that too much power was given to the National government. They wanted a bill of rights.

-June 21, 1788New Hampshire became the ninth state to ratify the Constitution. Rhode Island was the 13th state to ratify it in 1790.

Constitution

-Supreme law of the land.

-Provides the framework for government in the United States.

-All powers of each branch of government are in the Constitution.

Constitution breakdown

1. Preamble

2. Seven Articles:

I. Legislative Branch

II. Executive Branch

III. Judicial Branch

IV. Relations among states

V. Amending process

VI. National Supremacy

VII. Ratification process

3. Twenty-seven amendments

Checks and Balances

-The powers of the government are divided into three branches:

• Legislative: Congress (House of Reps. And Senate) Make laws
• Executive: President. Enforce laws.
• Judicial: Supreme Court. Interpret laws.

-The system of checks and balances keeps one branch of government from becoming too powerful.

Four basic principles

-The Constitution was designed on four basic principles:

• Popular Sovereignty
• Limited Government
• Federalism
• Separation of powers

Popular Sovereignty

-The right of the people to rule themselves (vote).

-Voters elect representatives and through the Electoral College, they elect a president.

-The president and representatives are there to serve the people.

Limited government

-A danger is that the majority may deny rights to the minority.

-The Constitution protects the rights of all Americans.

-The Bill of Rights was added later to secure the rights of the people.

Separation of Powers

-Montesquieu believed that executive, legislative, and judicial powers should be separated.

-The constitution separates powers and incorporates a system of checks and balances.

Federalism

-National government shares power with the states.

-This gives Americans freedom to provide for their own needs.

-The main reason is sectional differences.

-Types of Power:

• Enumerated: Powers given to the national government. Can be expressed or implied (Elastic clause).
• Reserved: Powers given to the state governments.
• Concurrent: Powers shared between national and state.

Amending Process

-Process to formally change the Constitution.

-An amendment must be proposed and ratified.

-An amendment can be proposed by a 2/3 vote from both houses of Congress or by a national convention called by 2/3 of the state legislatures. The national convention has never occurred.

-An amendment can be ratified by the approval of ¾ of the state legislatures or by special ratifying conventions that pass in ¾ of the states. The ratifying convention has occurred only once.

Interpretation

-Loose interpretation: Congress can make any law that the constitution does not specifically forbid.

-Strict interpretation: Congress can only make laws that the constitution gives them direct authority over.

-The Supreme Court interprets the constitution and can declare laws unconstitutional.

PLAN / AUTHOR / DESCRIPTION
Virginia / James
Madison / 1. Bicameral legislature based on population.
2. Strong Executive Branch
3. National Court System
New
Jersey / William
Patterson / 1. Unicameral legislature with equal representation.
2. Strong Executive Branch
3. National Court system
Connecticut / Roger
Sherman / 1. Bicameral legislature: Upper house equal and lower house based on population.
2. Strong Executive Branch
3. National Court system
Compromise / Details
Great / Bicameral legislature:
Upper: Equal (Senate)
Lower: Based on population (House of Rep)
Three-Fifths / One slave equals three-fifths of a person for the purposes of taxation and representation.
Slave Trade / Congress can control all aspects of foreign and interstate trade, but they can not stop the slave trade until it is re-addressed in twenty years.
Executive / The Executive branch will be lead by one individual called “President” and will be elected every four years by the Electoral College.