Unit 4 - McMahon

Legislative Branch

- Power to impeach - Can override vetoes with 2/3 votes - Approves federal judges

Judicial Branch Main Ideas

Courts - Supreme, Appeals, District - Interprets the laws

Federalists

What were Alexander Hamilton's views?

Replaced

The present United States Constitution _________________________ the Articles of Confederation after 9/13 states ratified it on June 21, 1788.

Constitution

"It is a document containing the fundamental political principles on which state or nation is governed." This will guide the leaders to function the government in a more organized manner, to create a smooth and strong country or state.

SC's Ratification

8. ___________ - May 23, 1788

Need for a new Constitution: 5

Amendments required a unanimous vote

Need for a new Constitution: 1

Each state only had one vote in Congress

Need for a new Constitution: 6

Individual laws required a 9/13 majority to pass.

Amendment 2

A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Legislative Branch Main Ideas

Congress - House of Representatives and Senate - Creates the laws

Judicial Branch

- Can declare laws unconstitutional - Can declare presidential acts unconstitutional - Resolves cases

Alexander Hamilton's Views

- Constitution: Loose or flexible, very broad interpretation of what the Constitution allowed the government to do (if it doesn't say I cannot, then I can). - Government: USA needed a strong national government. - National Bank: Would help strengthen the economy and federal government. - Protective Tariff: Would provide revenue and encourage American manufacturing. - French Revolution: No support. France had strayed from their ideals. - War Between Britain and France: Support Britain, but stay neutral.

Thomas Jefferson's Views

- Constitution: Strict interpretation of what the Constitution allowed the government to do (If it doesn't say I can, then I cannot do it.) - Government: A strong national government would overpower the state and local government. - National Bank: Considered it unconstitutional and would give the federal government too much power. - Protective Tariff: Would discourage foreign purchases of Southern exports, such as tobacco, rice, and cotton. - French Revolution: We should support our friends. - War Between Britain and France: Support France and fight.

Executive Branch Main Ideas

President - Enforces the laws

Compromises of the Constitutional Convention

- The Great Compromise - The Three-Fifths Compromise - The Commerce Compromise - The Slave Trade Compromise - The Electoral College Compromise

Executive Branch

- Veto Bills (laws) - Power to appoint judges - Power to pardon - Commander in Chief of Armed Forces

"A strong federal government is the only solution to our new country!s issues with the Articles of Confederation."

A South Carolina Federalist in 1788 would support the following statement: a. "A strong federal government is the only solution to our new country's issues with the Articles of Confederation." b. "The british Bill of Rights (1689) is an outdated guide that was created by royalists." c. "Shay's Rebellion and its aftermath prove that state governments are fully capable of protecting our country and citizens." d. "It is absolutely unnecessary for us to create a new constitution."

Ratify

After the Constitutional Convention was over, two camps majorly disagreed, which turned into a national debate. Federalists, mainly wealthy property owners, favored a strong central government and/or the Constitution. Anti-Federalists, on the other hand, were working-class laborers and farmers that thought the Constitution would treat them unfairly, so they opposed the Constitution. "To become the highest law of the land, the Constitution needed to be _____________, or officially approved, by at least 9 of the 13 states, as was suggested by South Carolina's Pierce Butler."

Proportional Representation

After the delegates wanted a democracy, everyone questioned how the people's voices would be represented in the government, so they used this. This means that the population of the state population will determine how many people will represent them in the government.

Citizens of South Carolina were still angry about not being able to cross the Proclamation Line

All of the following were issues facing South Carolina following the end fo the Revolutionary War except: a. Plantation, mills, and other businesses were destroyed and business owners needed money to rebuild. b. Citizens of South Carolina were still angry about not being able to cross the Proclamation Line. c. Charleston was partly controlled by Loyalists and British business. d. People in the upcountry didn't feel well represented by the state government because the state capital was still located in Charleston.

Illegal

Anti-Federalists argued that: 1) the delegates at the Constitutional Convention had overstepped their congressional authority by proposing to replace the Articles of Confederation with an "_____________" document - the Constitution.

Constitution

Anti-Federalists argued that: 2) the delegates in Philadelphia, being mostly wealthy and "well-born" landowners had proposed a _____________, and thus a stronger federal government, that would serve their special interests and needs.

State's Rights

Anti-Federalists argued that: 3) the Constitution reserved too many powers to the central government at the expense of "_____________".

Revolutionary War Dates

April 19, 1775 - September 3, 1783

Perpetual Union

Articles of Confederation and _________________________ between the states of New Hampshire, Massachusetts Bay, Rhode Island and providence plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia.

Ratify

Between the dates of October 9, 1787 to May 20, 1788, debates wrestled with the question of whether or not to ___________ the U.S. Constitution.

Alexander Hamilton and Thomas Jefferson were fighting for President George Washington's attention. Each felt their plan to help the new nation was absolutely the best way to go. They did not agree with each other at all. Alexander Hamilton - Secretary of the Treasury (in charge of the finances, the money, of the new nation) He was a Federalist who wanted a strong federal government. Thomas Jefferson - Secretary of State (in charge of how the US deals with other countries around the world). The Secretary of State is the main advisor to the President for all activities relating to how the US acts and deals with issues in the world.

Describe the relationship between Alexander Hamilton and Thomas Jefferson. What position did each hold in Washington's cabinet? What party did they each represent?

Article 2

Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this confederation expressly delegated to the United States, in Congress assembled.

The 3/5ths Compromise

Economies between North and South differed in regards to its reliance on slaves: The South wanted to count all slaves for more representation, the North didn't want the South to control the government. The compromise was settled though compromising that every 5 slaves would be counted as three individuals in terms of representation.

1- No executive branch 2- No standing army 3- Each state had one vote 4- Could not tax or collect tariffs 5- Needed all 13 states to agree on something to change it (unanimous vote)

Explain at least 3 or the reasons the Articles of Confederation was weak and provide the areas of weakness.

The three branches of the US government are equal in strength and power. If one of the branches has an action (does something) that is not in their power, the other two branches have procedures (listed things that they can do) to stop it. Each of the three branches of government are always "checking" the other two to make sure that the federal government's power is balanced (equal). No branch has the power to do something the Constitution does not allow.

Explain the idea of checks and balances within our federal government.

Federalist

Favoring ratification, the Federalists responded, arguing that rejection of the Constitution would lead to anarchy (absence of authority) and social disorder. Using the pen name Publius, Alexander Hamilton, James Madison, and John Jay countered Clinton's Anti-Federalist papers. Beginning in October 1787, the trio published 85 essays for New York newspapers. Collectively titled The Federalist Papers, the essays explained the Constitution in detail along with the framers' reasoning in creating each section of the document.

Federalist and Democratic-Republicans Compromise

Hamilton met with James Madison (Virginia's current Republican leader) for a backroom deal. If Hamilton agreed to move the new capital to an area on the Potomac River in Virginia, Madison agreed to wrestle up enough votes to approve federal debt assumption.

9 out of 13

How many states had to ratify the new Constitution for it to become the law of the new nation? a. 6 out of 13 b. 9 out of 15 c. 13 out of 13 d. 9 out of 13

Ratification

However, _________________________ of the Articles of the Confederation by all 13 states did not occur until March 1, 1781.

Shay's Rebellion

However, by late 1780s, it became apparent that they were not viable (just wouldn't work!) in the long term. This especially became clear, when in 1786, _________________________ occurred in western Massachusetts. This was a group of people who were protesting rising debt, taxes, and economic chaos. When the national government tried to get states to send a military force to help top the rebellion, many states were reluctant and chose not to get involved.

Constitutional Convention and Compromsies

In Annapolis, Maryland, in 1786, five state representatives came together to discuss trade, but they ended up only talking about weaknesses of the Articles, and called for a bigger meeting, with all state representatives participating. Four delegates were to sent to represent South Carolina, but it seemed that the upcountry was not to help take part in South Carolina's voice, because most of the delegates were from Charleston or from the lowcountry. Mostly, the delegates agreed that the country needed a strong central government. They also wanted a representative democracy, and the voice of the people would be heard through proportional representation. There was one debate that ended up being compromised. The Virginia Plan wanted a bicameral legislature that had proportional representation in both houses. The New Jersey Plan, however, supported a unicameral legislature, where each state would have equal representation. All delegates then supported the Connecticut Plan or Great Compromise, where the views were blended into a bicameral legislature. It has an upper house, Senate, and lower house, the House of Representatives, which is still what we use in our government today.

Snow Balls

In response to the growing crisis, Washington wrote desperately to Humphreys, worried that "commotions of this sort, like _________________________, gather strength as the roll, if there is not opposition in the way to divide and crumble them."

Imperative

Independence from Great Britain made the creation of a new national government and individual state governments ____________________ for the survival of the United States. (This word means important or crucial)

Constitutional Convention

James Madison, known as the Father of the Constitution, set to work to get a document created that would still be flexible enough to ensure that states retained their rights yet created a strong enough national government to keep order among the states and meet threats from within and without. The 55 framers of the Constitution met in secret to debate the individual parts of the new Constitution. Many compromises occurred over the course of the debate. In the end, they had created a document that would need to be sent to the states for ratification. In order for the Constitution to become law, at least nine states would have to ratify (or officially approve) the Constitution.

Single

Many colonies had established governments before defeating England in the Revolution. Unfortunately, problems existed with blending the various colonial plans of government into new state plans. These new state plans then ultimately needed to form a _________________________ United States.

Need for a new Constitution

Many states realized the need to come together and form a stronger national government. Some states met to try and deal with their individual trade and economic issues. By 1787, debts from the Revolutionary War were piling up, and many stats had fallen behind in paying what they owed their new government. States were imposing tariffs on each other and fighting over borders. Britain was angry because pre-war debts were not being paid, England was so mad it was refusing to honor the Treaty of Paris (the treaty that ended the war). They soon realized that these steps would not be enough.

South Carolina's Population Representation

No, South Carolina's population was not fully represented at the Constitutional Convention. At the convention, George Roberts, a historian, said, "Charleston and the surrounding parishes were represented at Philadelphia. South Carolina was not." This was because South Carolina's national voice did not include the upcountry yet. Basically, all of the men that represented South Carolina at the convention, were from Charleston or the lowcountry, which caused the upcountry people not to have a voice in what happened during this meeting, which means that South Carolina's population was not fully represented at the Constitutional Convention.

American Revolution

Not surprisingly, the state of South Carolina had problems coming together as one state too. Following the _________________________, lowcountry and upcountry inhabitants continued to distrust one another, disagreeing over important political and economic issues.

55

On May 25, 1787, _________________________ delegates met in Philadelphia to try to deal with the Articles' issues.

The Commerce Compromise

Once again, the Northern and Southern economies dictated a compromise. The North didn't want the South to continue importing goods from Britain. The compromise mandated that tariffs were only to be allowed on imports from foreign countries and not exports from the U.S. This compromise also dictated that interstate commerce would be regulated by the federal government.

Secretly

Once the individuals met in Philadelphia (at what was to become the Constitutional Convention), they realized that changing the Articles would not be enough to fix the issues facing the new United States. They _____________ set to work to replace them with a new Constitution.

Bill of Rights

Perhaps the most impactful objection to the Constitution was that: 4) the Convention had failed to include a _____________ clearly listing the rights that would protect the American people from excessive governmental power. The Federalists felt the Constitution was complete (colonists who favored strong government over the states' interests).

Anti-Federalists

Ratification was not assured. Not easy and with opposition. Patrick Henry of Virginia and a group of influential colonial Patriots known as the _____________ publicly opposed the new Constitution in town hall meetings, newspapers, and pamphlets.

South Carolinians that contributed to the Constitution

South Carolina was represented by five men: Pierce Butler, Henry Laurens, John Rutledge, Charles Pickney, and Charles Cotesworth Pickney. Henry Laurens was ill at the time, and did not attend. John Rutledge played the biggest role for South Carolina. "As chairman of Committee of Detail and one of its most influential members, he led the first drafting of the Constitution." Charles Pickney prepared his own plan to the convention, but it was rejected. A few details from his idea made it to the end, though. "He suggested that the president give an annual speech. He also recommended that the president serve as commander-in-chief of the military. Pickney also successfully argued against religious tests for holding public office." Also, Charles Cotesworth Pickney negotiated two compromises: slave trade and commerce. Pierce Butler helped pass the fugitive slave clause.

United States Constitution

South Carolinians played a prominent role in the planning of a new national government. Our new country's leaders did not agree on the type of government that should be established, which led to the development of political parties. Through discussion and compromise, our leaders were able to create the _________________________, the longest lasting written national constitution in the world.

The Great Compromise

The 'Great Compromise' basically consisted of proportional representation in the lower house (House of Representatives) and equal representation of the states in the upper house (Senate).

Articles of Confederation

The Continental Congress adopted the _________________________, the first constitution of the United States, on November 15, 1777.

England

The Revolutionary War has ended and has been won. Independence gained from _________________________.

Amendment 9

This amendment states that listing specific rights in the Constitution does not mean that people do not have other rights that have not been spelled out.

Ratified

The United states Constitution was created to replace the failing Articles of Confederation. During the American Revolution, the founders had created the Articles of Confederation as a method to allow states to keep their individual powers while still holding the benefit of being part of a larger revolutionary movement. The Articles were finally _________________________ on March 1, 1781.

Articles

The _________________________ created a loose confederation of sovereign states and a weak central government, leaving most of the power with the state governments. The need for stronger Federal government soon became apparent and eventually led to the Constitutional Convention in 1787 (Alexander Hamilton - NY - leading the charge).

Federalism

The final document came out to achieve the main goal: to have a strong, but limited government. The first example was by splitting the power into three equal parts or branches. Similarly, the powers are balanced between the central government. This means that the "power is shared so that in some matters, the national government is supreme, and in others, the state governments are supreme." This type of government has delegated powers, or the powers have been specifically assigned. "The state government, meanwhile, have reserved powers, meaning their powers are set aside. Any power not delegated to the federal government is reserved to the states."

Need for a new Constitution: 3

The national government had no ability to regulate foreign or interstate trade

Need for a new Constitution: 2

The national government had no power to tax.

Commerce

The overall meaning is to trade. During the Constitutional Convention, one of South Carolina's representatives, Charles Cotesworth Pickney, spoke some on this topic. At the meeting, he negotiated two compromises, which were both on trade. Number one was slave trade, and he second was on commerce, which both dealt with trade.

Article 3

The said states hereby severally enter into a firm league of friendship with each other for their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other against all force offered to or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretense whatever.

Article 1

The style of this confederacy shall be "The United States of America".

Confederation

This is a "loose alliance among the 13 colonies." The Articles created a confederation that had a very weak government. This 'government' had no court system nor an executive branch, which are both very important details to include when creating a strong, powerful government.

Need for a new Constitution: 4

There was no executive branch to enforce national laws.

Amendment 8

This amendment bars excessive bail and fines and cruel and unusual punishment.

Amendment 4

This amendment bars the government from unreasonable search and seizure of an individual or their private property.

Amendment 7

This amendment extends the right to a jury trial in Federal civil cases. (Judicial Branch)

Amendment 3

This amendment prevents government from forcing homeowners to allow soldiers to use their homes. Before the Revolutionary War, laws gave British soldiers the right to take over private homes. (Quartering Act)

Amendment 6

This amendment provides additional protections to people accused of crimes, such as the right to a speedy and public trial, trial by an impartial jury in criminal cases, and to be informed of criminal charges. Witnesses must face the accused, and the accused is allowed his or her own witness and to be represented by a lawyer. (Judicial Branch)

Amendment 5

This amendment provides several protections for people accused of crimes. It states that serious criminal charges must be started by a grand jury. A person cannot be tried twice for the same offense (double jeopardy) or have property taken away without just compensation. People have the right against self-incrimination and cannot be imprisoned without due process of law (fair procedures and trials). (Judicial Branch!)

Amendment 1

This amendment provides several rights protections: to express ideas through speech and the press, to assemble or gather with a group to protest or for other reasons, and to ask the government to fix problems. It also protects the right to religious beliefs and practices. It prevents the government from creating or favoring a religion.

Amendment 10

This amendment says that the Federal government only has those powers delegated in the Constitution. If it isn't listed, it belongs to the states or to the people.

Credit

This is a payment that will be paid later. It is the ability to trust another after obtaining loans from businesses, individuals, or other countries. South Carolinians were in a hue amount of debt after destruction from the Revolution's battles, which caused them to loose slaves. The people of South Carolina could not pay back credit to the British merchants, so the money taken was used to replace slaves the British captured during the end of the Revolution.

Democracy

This is a type of government where the people are represented. The people have a say in what happens, but the leader (who is chosen/elected by the people) makes most of the big decisions. At the Constitutional Convention, most everyone agreed that the country needed a stronger governments. The delegates wanted a democracy (or a representative democracy, to be specific), but the big question was "how the voice of the people would be represented in the government." They went along with proportional representation.

Shay's Rebellion

This was basically that the government captured some farms and imprisoned their farmers, who failed to pay their debts in Massachusetts. South Carolina had printed money to solve the issues of debts, but Massachusetts hadn't done so yet. "More than 1,000 Massachusetts farmers stormed a courthouse and attacked the state's arsenal, prompting the governor to send out the state militia." South Carolina, along with many other state governments feared that this would happen to them too. They realized that the poor and in-debt citizens felt the same as those in Massachusetts, and more violence broke out. "A wave of anxiety washed over the country's leaders."

Anarchy

To have a lack of presence in the government during a situation. After the country's leaders became anxious, they called for a meeting. Five state representatives met and tried to discuss trade problems within the country, but soon came to realize the weaknesses of the Articles, and needed participation from the rest of the states at the meeting. "With the economy of the United States in need of serious help, the state governments racked by debt, and fear of anarchy spreading throughout the nation..." This shows that the rest of the states, the ones that weren't at this meeting, were needed, and was considered a disorder or the absence of authority in the government.

Sheriff's Sale Act

To help South Carolina's economy, they printed out paper money that people could use for loans. Most of it went the lowcountry, so a law was passed in 1785, called the _______________________________ or Pine Barren Act. Instead of paying with cash, people were allowed to pay their debts with land, if they didn't have enough money. Those that were owed the money (creditors) didn't have to accept the land, but granted more time for repayment.

Bill of Rights

To the lack of a ___________, the Federalists argued that such a list of rights would always be incomplete and that the Constitution was written adequately protected the people from the government. Finally, during the ratification debate in Virginia, James Madison promised that the first act of the new government under the Constitution would be the adoption of a Bill of Rights. Once adopted, England's Bill of Rights (1689) served as a guide for outlining the individual citizens' rights.

Anti-Federalist

Using the pen name Cato, Ne York's Governor George Clinton supported the Anti-Federalist views in several newspaper essays, while Patrick Henry and James Monroe led the opposition to the Constitution in Virginia.

Federalists Compromises

Wanted federal government to assume states' and national debts from Revolutionary War to build up credit. South Carolina sided with northern states in wanting Hamilton's plan. Most of the other southern states had already paid off their debts.

Democratic-Republicans Compromises

Wanted nothing to do with Hamilton's plan. Jefferson felt all of the states should take care of their own debts.

Democratic-Republican

What were Thomas Jefferson's views?

None of the above

Which of the following branch of government has primary controlled? a. Executive b. Judicial c. Legislative d. None of the above

By using proportional representation in the House of Representatives and equal representation at the Senate, large states and small states were both satisfied.

Which of the following statements best describes how the Great Compromise settled the issue of representation in the Legislative Branch? a. By using equal representation in the House of Representatives and equal representation in the Senate, neither large states nor small states were both satisfied. b. By using proportional representation in the House of Representatives and equal representation at the Senate, large states and small states were both satisfied. c. By using equal representation in the House of Representatives and proportional representation in the Senate, large states and small states were both satisfied. d. By using proportional representation in the House of Representatives and equal representation in the Senate, neither large states mor small states were satisfied.

The Mississippi Navigational Freedom Compromise

Which of the following was not a compromise agreed upon during the Constitutional Convention? a. Three-Fifths Compromise b. The "Great" Compromise c. The Mississippi Navigational Freedom Compromise d. The Commerce Compromise

Southern states wanted to count slaves, Northern states did not. They agreed to counting 3 people for each 5 slaves as a compromise.

Why was the Three-Fifths Compromise necessary to ensure that Northern and Southern states agreed to support the Constitution? a. In order for the Constitution to be ratified all of the states had to agree to it. b. There had to be equal numbers of Northern and Southern states agreeing to the Constitution. c. As slavery was universally disliked in the mew United States of America, Three-Fifths of the slaves had to agree to ratify the Constitution. d. Southern states wanted to count slaves, Northern states did not. They agreed to counting 3 people for each 5 slaves as a compromise.

The Bill of Rights

___________ is the first 10 Amendments to the Constitutions. It spells out Americans' rights in relation to their government. It guarantees civil rights and liberties to the individual -- like freedom of speech, press, and religion. It sets rules for due process of law and reserves all powers not delegated to the Federal Government to the people or the States. And it specifies that "the enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people."

James Madison

___________ saw one important difference between the European country documents and that of our Constitution. "In Europe, charters of liberty have been granted by power. America has set the example... charters of power granted by liberty."