Articles of Confederation and the Constitution (Moody)

Virginia Plan

"Large state" proposal for the new constitution, calling for proportional representation in both houses of a bicameral Congress. The plan favored larger states and thus prompted smaller states to come back with their own plan for apportioning representation.

Preamble of the US Constitution

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America." -explains why we're doing this, what we're doing

Articles of Confederation

(written by Dickinson) 1st constitution in US history, legitimized the Continental Congress as the national government during Revolutionary War. After the war, its weaknesses (weak central government, uncooperative individual states) created grave problems that nearly bankrupted and unraveled the nation. -Union of sovereign states -Regulation of foreign affairs and war -Determine parts of economy

State Constitutions

-1777: 10 out of former colonies developed constitutions -included bill of rights, separation of powers, right to vote for all white men owning property -no legislature could grant titles of nobility or practice primogeniture (first born son's right to inherit property) -eliminate aristocracy

What were the core beliefs of the Anti-Federalists?

-Argued that abuses of power were inevitable with a powerful Federal government, which, if left unchecked could threaten natural rights -Feared that a one-size-fits-all Federal government would make decisions that were not beneficial to individual states -Argued that the safeguards against monocracy put in place were anti-democratic

What were the core beliefs of the Federalists?

-Argued that the Separation of Powers and system of Checks and Balances would protect from tyranny -If the Constitution failed to ratify, the ineffective Articles of Confederation would remain in place. -An empowered Federal government would be able to maintain law and order, further economic prosperity, and command respect abroad

Slavery after the Revolutionary War

-Continental Congress abolished importation of enslaved people and most states when along with prohibition -most northern states ended slavery and a few owners in the South voluntarily freed their slaves -after war some slaveowners came to believe that slave labor was essential to the economy

Benchmarks for Statehood

-Elect local and national representatives -Write a state Constitution, which needs approval from Federal government -Reach 60,000 free inhabitants

Foreign Problems of AOC

-European nations had little respect to US who couldn't pay debts or take effective and united action in a crisis -Britain and Spain threatened to take over Western lands after war

What were the weaknesses of the Articles of Confederation?

-National government couldn't tax -No regulation of interstate trade -No ability to respond to British mercantilism -Each state had its own currency -No president to enforce laws of Congress -No national courts to resolve interstate disputes -9 of 13 states must agree to make a law, all 13 to amend the articles -Weak negotiation rights, couldn't prevent Spain From closing Mississippi River -Weak military couldn't force Britain to evacuate forts in Ohio River Valley -Frontier unprotected from Native raids

Framers put degrees of separation between the gov't and people

-Powerful President elected indirectly by the Electoral College -Lordly Senators chosen indirectly by state legislatures -Federal judges appointed for life

Argument for Bill of Rights (Anti-Federalists)

-argued that Americans had fought the RW to escape tyrannical gov't of Britain -what was going to stop a strong central gov't under Constitution from acting the same way -only by adding the BOR could Americans be protected from possibility

Financial Weakness of AOC

-most war debts were unpaid -individuals states and congress issued worthless paper money -congress had no taxing power and could only request that states donate money for national needs

Argument Against Bill of Rights (Federalists)

-since members of Congress were elected by people, it was unnecessary, better to assume all rights guaranteed -if you write down people's rights you limit them, might allow unscrupulous officials to say that unlisted rights could be violated

How were the federalists able to succeed in ratifying the Constitution?

1) Delegates voting for ratification were elected by landowners, who tended to back ratification. 2)Federalist were better funded and organized, publishing pro-ratification propaganda such as the Federalist Papers. 3)Federalists were able to end Anti-Federalist obstruction by promising a Bill of Rights. 4)Failure to pass the Constitution would keep the Articles of Confederation in place.

Power from most to least

1. Constitution 2. Federal 3. State

Outcome of Constitution debate

1. Delaware, New Jersey, and Pennsylvania were the first states to ratify 2.Agreeing to add a bill of rights to the Constitution helped win support from Anti Federalists -New Hampshire voted yes (1788) 3. Virginia was the most populous state -Federalists won by a close vote after promising bill of rights 4. New York, North Carolina, and Rhode Island ratified the Constitution -needed the largest and most populous states of NY and VA for it to be stable

How did the Constitution both empower the national government and restrain its power at the same time?

1. Federal government can now tax, regulate interstate commerce, and can demand states to obey national laws 2. The federal government divides the power three ways (separation of powers) and gives each branch the ability to restrain one another (checks and balances).

Amendments 1-4

1. Freedom of speech, press, religion, assembly 2. Right to bear arms 3. No quartering of soldiers 4. Freedom from unreasonable search and seizure

AOC accomplishments

1. Gov't when they won the war and helped negotiate Treaty of Paris 2. Land Ordinance of 1785 3. Northwest Ordinance of 1787

How did the failure of the Articles of Confederation directly lead to the outbreak of Shays' Rebellion?

1. Inability to tax led to chronic under funding of the military, and an inability to keep a standing army or pay soldiers' pensions. 2. Unpaid soldiers were imprisoned for tax evasion by state governments. The national government couldn't intervene.

Articles of the US Constitution

1. Legislative Branch 2. Executive Branch 3. Judicial Branch 4. State, citizenship, new states 5. Making Amendments to the Constitution 6. Debts, Supremacy, Oaths 7. Ratification process

states' rights

1. One vote per state regardless of population 2. Bills required ⅔ majority 3. Amendments needed unanimity 4 Intentionally weak Congress --No power to regulate economy --No power to tax states

Parts of the Constitution

1. Preamble 2. 7 Articles 3. Bill of Rights 4. Other Amendments

Federal Court System Parts

1. Supreme Court 2. Circuit Court of Appeals 3. District Court

How long is a House of Representative's term?

2 years -based on population

How long is a President's term?

4 years

How long is a Senator's term?

6 years -2 senators per state

Amendments 6-8

6. The right to a Speedy Trial by jury, representation by an attorney for an accused person 7. Right to trial by jury 8. No cruel or unusual punishment

The Federalist Papers

A collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay promoting the ratification of the Constitution. To this day, they are the single most important reference for Constitutional interpretation and what the framers intended. -Present cogent reasons for believing in the practicality of each major provision of the Constitution

Fifth Amendment

A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.

Federalism

A system of government in which power is constitutionally divided between a Federal government and individual states. Under this system, the Federal government is more powerful, and national laws outrank state laws in importance.

Confederation

A type of Republic where states retained sovereignty over all governmental functions not specifically relinquished to the national government. Prioritized state interests above national interests.

Commercial Compromise

Allowed Congress to regulate interstate and foreign commerce yet prohibited any tariffs on exported goods. -they could place tariffs on foreign imports

Tenth Amendment

Amendment stating that the powers not delegated to the federal gov. are reserved to the states

Alexander Hamilton

Among those most dissatisfied with the weak national government. He was an active participant at the Convention, helped achieve ratification by writing 51 of the 85 installments of The Federalist Papers.

Letters from the Federal Farmer

Anti-federalist essay written by Richard Henry Lee, argued that the Constitution would tear down the state sovereignty in favor of an all-powerful Federal government, which would be destructive of all civil liberties.

Framers of the Constitution

Authors of the Articles of Confederation and the US Constitution. Dealing with the difficulty of balancing national and local interests, they set out to create the American Republic during and after the Revolutionary War.

Supremacy Clause

Constitution is the supreme law of the land

separation of church and state

Constitutional principle found in the 1st Amendment which prevents our government from setting up an official church, from providing support for religious institutions, or from requiring church membership to vote.

Three-Fifths Compromise

Convention's agreement to count ⅗ of a state's slaves as population for purposes of representation and taxation. International slave trade allowed for 20 more years, and then ended permanently. -1807 slave trade ends

Land Ordinance of 1785

Declared that the Northwest boundary of the US owned territory would be sold and that the proceeds should be used to help pay off the national debt. The area was to be surveyed so that value could be established and future state lines drawn. --> give up claims to Western Land --> evaluate the price of land

Northwest Ordinance of 1787

Established the precedent by which Federal government would expand westward with the admission of new states, rather than with the expansion of existing states. -->benchmarks for statehood

Ratification

Formal approval of the United States Constitution be 9 out of 13 state conventions. By only requiring a super-majority, rather than a unanimous vote, the ratification process peacefully overthrew the Articles of Confederation.

President / VP

George Washington and John Adams

Electoral College

Group of special electors, chosen by the states to elect the President. A state's number of electors was equal to its number of representatives in national congress (House of Representatives + Senate). It put a degree of separation in between the President and the under educated masses.

James Madison

Known as the "Father of the Constitution" due to success of his Virginia Plan which set the overall agenda for debate at the Convention. It called for population-weighted representation in national legislature. -wanted a system of checks and balances so that the branches could check each others' power

How long is a judge's term on the Supreme Court?

Life

Constitutional Convention

Meeting of 12 of the 13 US states to address the failings of the Federal government under the Articles of Confederation. The major areas of disagreement that required compromise were proportional representation, slavery, and limitations on a newly expanded Federal government. The result of the Convention was the creation of the United States Constitution. -Decided to abolish Articles of Confederation completely -Congress of Confederation wanted to simply revise the Articles of Confederation -Two plans emerged to find the best balanced structure for new legislation

Anti-Federalists

Opponents of the US Constitution during the ratification process. Though most Anti-Federalists acknowledged the need for changes to the Articles of Confederation, they feared the establishment of a powerful, and potentially tyrannical, central government. -stronger central gov't would destroy the work of the Revolution, limit democracy, and restrict states' rights -supporters: George Mason, Patrick Henry, James Winthrop, John Hancock, George Clinton -appealed to distrust of government based on past

Separation of Powers

Power within the Federal Government divided into branches, each with separate and independent powers and responsibility. Typical division includes as legislature, an executive, and a judiciary.

Enumerated Powers

Powers given to the Federal government to administer directly to the people, not indirectly through states.

Reserved Powers

Powers given to the individual states to administer specific solutions for the needs of their citizens. In the absence of a national law, each state reserves the rights to make their own law.

Great Compromise

Proposed by Connecticut delegate Roger Sherman, as an agreement to establish a bicameral national legislature, with all states having equal representation in one house (Senate) and each state having representation based on its population in the other house (House of Representatives).

Checks and Balances

Provisions in US Constitution that prevent any branch of government from dominating the other two branches. Allowed Framers to give the Federal government considerable powers without fear of an abuse of power. -President can use power of veto to reject a law -Congress can impeach a president or judges -Judicial Branch can declare laws unconstitutional -Executive Branch can appoint judges

Who makes up the Legislative Branch?

Senate and House of Representatives

Domestic Problems of AOC

Shay's Rebellion -first sign of rejection to the US government -how they react will prove the strength of the gov't and if they can hold their own

Executive Branch

The branch of government that administers and enforces the laws. Made up of the President and the Vice President, this branch acts as a visible figurehead for the entire country. -Carry out laws passed by Congress, Waging war, Negotiating treaties, Appointing many government officials

Veto

The President is constitutionally required to state any objections to a legislative bill in writing and can cast a veto to prevent a bill from becoming law. Congress must reconsider the bill or get a ⅔ majority to override the veto.

Legislative Branch

The branch of government that creates laws made up of the House of Representatives and the Senate. This branch is the most representative of will of the people, since it has the most regular elections. -Make laws, Create taxes, Raise an army, Coin money

U.S. Constitution

The document written in 1787 and ratified in 1788 that sets forth the institutional structure of the U.S. government and the tasks these institutions perform. It replaced the Articles of Confederation.

Bill of Rights

The first ten amendments of the Constitution which add specific guarantees of personal freedoms, clear limitations on the government's power in judicial proceedings and explicit declarations that all powers not specifically delegated to Federal Congress are reserved for the states or the people.

Congress of the Confederation

The governing body of the USA that existed from March 1, 1781, to March 4, 1789. A unicameral body with legislative and executive function, it compromised delegates appointed by the legislatures of the several states. Each state delegation had one vote.

Shay's Rebellion

Uprising of debt-ridden Massachusetts farmers protesting increased state taxes. The rebellion was defeated by the state militia, but left American leaders deeply unsettled about the weakness of the Articles of Confederation. This event triggered the Constitutional Convention.

New Jersey Plan

The proposal at the Constitutional Convention that called for equal representation of each state in Congress regardless of the state's population. -looked out for the small states

Federalists

Wanted a stronger national government and the ratification of the US Constitution to help properly manage the debt and tensions that emerged following the Revolutionary War and the failed Articles of Confederation. -stronger central government was need to maintain order and preserve the Union -supported by Washington, Franklin, Madison, Hamilton -strong and well organized

Powers of the Articles of Confederation

gave Congress the power to wage wars, make treaties, send diplomatic representatives, and borrow money -couldn't regulate commerce or collect taxes and to finance decisions it needed taxes voted by each state -gov't didn't have power to enforce laws

Judicial Review

review by the US Supreme Court of the constitutional validity of a legislative act.

Ninth Amendment

states that people's rights are not limited to just those listed in the Constitution.

Judicial Branch

the branch of government that interprets the meaning of laws as they apply to specific court cases. Acts as independent (unelected, nonpolitical) protector of the Constitution. Made up by the federal court system.

Amendment

the process of altering the Constitution. 2/3 of both House of Congress need to propose it, and 3/4 of state legislatures need to ratify for it to go into effect.