Independence Achieved!

• New Problem:–Create government that will function

and serve to balance liberty and order properly; and be consistent with the principles of the revolution.• Consent of the Governed• Direct representation

Articles of Confederation

• A loose alliance of states– 1 vote in national congress.– State more powerful than national.– Federalism:– Unanimous to amend A of C.– No executive branch.– Went into effect in 1781.

Articles of Confederation

• Some general agreement:–Declaring War–Concluding Peace–Foreign Relations–Regulating trade–Operating a postal service

Articles of Confederation

• Wild Disagreement:–On the issue of Western Lands–Some states had no claims–Some state had huge claims–Virginia ceded its claims in 1781 to

help pass the Articles.

Powers Denied the National Govt.

• Levy taxes• Regulate trade• Settle disputes among states• Collect debts owed to it by states• Enforce any of its powers

Three Main Problems

• Huge war debt

• Making peace with the Indians

• Western land settlement

Problems with the Articles of Confederation

• States more powerful than the national govt.• Central govt. lacked energy.• No executive branch.• Laws inconsistent from state to state.

Economy

• The new nation’s economy was a mess during the 1780’s.• Paper money greatly depreciated.• National Government does not have

the power to even try and solve the problem.

Economy

• Western lands held huge potential for wealth.

• Inhabited by Indians.

Land Ordinance of 1785

• a system for dividing up unclaimed land.

• Territories divided into townships.

• 1 section of each township set aside for schools.

• Minimum bid $1/ acre; Min purchase 640 acres

Northwest Ordinance of 1787

• 3-5 states to be established.• Slavery prohibited.• Provide steps for statehood (still followed)– US won’t be a colonial power– Population of 5,000 voting residents– 60,000 people / state constitution– Accepted by Congress

Shays’s Rebellion

• 1786-1787• Farmers in Western Mass.• Thought taxes were too high.• Armed rebellion sprang up.• Finally an army was raised and put

down the Rebellion

Shays’s Rebellion

• National Government had limited ability to handle such crises.

• Had the problem with England been too much power in the hands of the rulers or the inability of the subjects to behave?

James Madison

• Son of a Virginia Planter• Graduate of Princeton 1771• Poor Health – Not fit to be a soldier• Committed Revolutionary• Committee of Public Safety 1774-75• Elected to Virginia Council• Appointed to Governor’s Council• Favored National Power rather than state• Pushed for Constitutional Convention

Constitutional Convention

• Philadelphia, Pennsylvania• May 1787• 55 men from all 13 states.–Wealthy–College grads.–young

Constitutional Convention

• Meetings Chaired by George Washington.• Meetings were closed to the

public and protected by armed guards.• Concerned some people.

Constitutional Convention

• Purpose:–Fix articles of confederation–Leave power in the hands of the

states.–Create strong national govt.

without tyranny.–Could not be done. Start over.

Virginia Plan

• Theory that the government operated directly on the people not on states.• Both houses of Congress tied to

population. (eliminated power of smaller states)

New Jersey Plan

• Maintain one house Congress• Each state to have one vote• 3 man executive branch elected from

Congress.• Preserved the Confederation.

Constitution• The Great Compromise:• Representation:–Bicameral Legislature• Senate – 2 votes / state• House of Reps. – based on pop.

Constitution• 3/5 compromise: slaves count as 3/5

of a person for population but cannot vote.

Separation of Powers

• Three Branches of Govt.–Legislative : Congress: Makes the Law–Executive: President: Enforces the Law–Judicial: Supreme Court: Interprets the

Law.(system of Checks and Balances)

Baron de Montesquieu

• French Enlightenment thinker 1689-1755.

• Best government would be balanced between three groups of officials.

Rousseau

• Morals and ethics are necessary in a democracy.

• Community was based on the idea that all members held common values and attitudes.

Federalists

• Those in favor of the new Constitution.• Approval went to the states to ease

the criticism that they had gone beyond their authority at the Constitutional Convention.

Anti-Federalists

• Feared the national power because of its distance from the people.• Had a hard time supporting the

Articles because of their admitted flaws.• Wanted a Bill of Rights

Living Constitution• Constitution permits change.

Elastic Clause–Amendments–Unwritten Constitution

Supremacy Clause

• This is the major difference between the Articles and the Constitution.

• Still a system of federalism

• National Govt. more powerful than the states.

Defining Document of Govt.

• Delegated Powers: Nat. govt.• Reserved Powers: State govt.• Concurrent Powers: Nat. and state

govt.

Enumerated Powers• Powers written specifically in the

Constitution. These may apply to any of the three branches, or to any level of govt. or the people.

Implied Powers• Powers in the constitution but not

specifically written down. Interpretation is required to understand these powers. Allows for change to take place without replacing the document.

Constitutional Interpretation

• Strict Constructionist:–Govt./people only has the power

granted by the Constitution.• Loose Constructionist:–Govt./people has any power not

prohibited by the Constitution.

Constitutional Interpretation

• Intent of the Framers:–Original intent maintains that in

interpreting a text, a court should determine what the authors of the text were trying to achieve, and to give effect to what they intended the statute to accomplish.

George Washington

• First President• Tasked with creating a working govt.• Starts many Presidential Traditions.–Two term–Appointing a cabinet

Whiskey Rebellion

• 1794• Frontier Areas – Small Farmers• GW saw it as a chance to show the

power of the Govt.• Not a case of virtual representation.