Articles of Confederation/U.S. Constitution

Articles of Confederation• constitution – rules and laws that form a government• 1776 – 2nd Continental Congress – began work on

creating government• Were influenced by English Law – Magna Carta – and

Enlightenment• Republicanism – citizens elect representatives

responsible to the people• Limited government – even leaders had to obey the law,

no one has total power• Suffrage – Right to vote – taxpaying or property-owning

white men• Articles of Confederation – America’s first constitution

(plan of government) – Committee of 13

• National government would be a republic

• States would join in a Confederation – loose union – states would have more power than national govt.

• A. All states had to ratify (approve) before it became constitution

• B. 9 out of 13 states had to agree on new laws or major decisions

• C. All 13 states had to agree to amend (change or add) the Articles

• D. Only states had the power to tax and enforce law

• E. No president – 3 person committee chosen by Congress – very limited powers

• F. Uni-cameral (one house) legislature – each state had one vote

• G. No system of national courts• H. Weaknesses – no military, could not regulate trade,

national congress responsible to the state legislatures – not the people

• I. Powers of national government – could make and borrow money, foreign relations (wage war, make peace), Indian affairs

• J. Articles are not ratified until March of 1781 – disputes over land claims (Maryland was last to approve)

Accomplishments of Confederation Government

1. Winning the war

2. Land Ordinance of 1785—established a policy for surveying and selling western lands; township=6 square miles with 36 sections with 640 acres (one section of land in each township for public education)

3. Northwest Ordinance of 1787 – created a system for bringing new states into the country – had to have a population of 60,000; limited self-government to the developing territory; prohibited slavery in the region while a territory—once a state citizens could change that

Problems in the New Nation• 1. National government could do little to enforce

laws or protect citizens

• 2. Trade problems– A. Tariffs – taxes on imported and exported

goods

– B. Britain was forcing U.S. to pay high tariffs on goods sold in Britain

– C. Britain closed many ports to Americans and forced them to use British shipping

– D. Confederation Congress could not pass tariffs to punish Britain

• 3. Congress could not regulate interstate trade

• 4. Each state printed its own money – many began printing large amounts of paper money to pay off war debts

• 5. Inflation – increased prices on goods and services – reduced value of money

• 6. Depression – period of low economic activity and high unemployment

• 7. Debtors – people who owe money or taxes

• 8. Creditors – people who lend money

• 9. Shay’s Rebellion – September 1786—led farmers in an uprising protesting high state taxes, imprisonment for debt, and a lack of paper money; stopped tax collection and shut down debtors’ courts; stopped by Massachusetts militia

• 10. Many people in the states saw that the Articles were not working

Constitutional Convention• 1. Philadelphia Convention

• A. Date – May 1787

• B. Purpose – To discuss trade issues and reform Articles of Confederation – James Madison, Alexander Hamilton

• C. Plan – revise Articles to give national government increased powers to solve nation’s problems

• D. Decision – create a new plan of government (Constitution)

Virginia Plan – written mostly by Madison – Large-state plan

• A. Three Branches of government• 1. Legislative – makes the laws – Two-house (bi-cameral)

legislature• 2. Executive – carries out and enforces laws – President

and his cabinet (advisors)• 3. Judicial – interprets the laws – court system (Supreme

Court)• B. James Madison• 1. Known as the “Father of the Constitution”• 2. His proposal – system of checks and balances between

the branches so no one branch would control the entire government

• C. Congress – Bi-cameral – number of representatives based on state population

• 1. Division – How elected

• a. Lower house – House of Representatives – elected by the eligible voters of each state (Today – 435 representatives)

• b. Upper House – Senate – elected by lower house (Today – 100 senators)

• Conflict – The larger a state’s population, the more representatives it would have. Smaller states thought it was unfair since larger states would control the Congress

New Jersey Plan – William Paterson – Small-state plan

• A. What was the plan? One-house (Uni-cameral) legislature – each state would send the same number of representatives – equal representation

• B. Who proposed the plan? Smaller states like New Jersey, Delaware etc.

• C. How elected? Representatives would be chosen by the state legislatures

• *This plan was very much like the Articles of Confederation

The Great Compromise• Also called the Connecticut Compromise – Roger

Sherman – took parts of both plans

• A. From the Virginia Plan – Bi-cameral Legislature – lower house representation based on population – elected by the people to represent the people – rest of government as proposed by Madison

• B. From the New Jersey Plan – Upper house would have equal representation – two reps per state – chosen by state legislatures to represent states

(now: directly elected by people=17th amendment)

Three-Fifths Compromise• A. What was the Compromise? For every five

slaves, three would count for taxation and representation

• B. Who benefited? Southern States

• C. How did they benefit? More representation in Legislative branch – also meant more influence in choosing President

• Three-fifths compromise acknowledges that slavery exists – word slavery is never specifically mentioned in Constitution until 13th Amendment in 1865

Role of the President

• A. Commander-in-chief of armed forces and responsible for foreign relations (dealing with other countries), also sets guidelines for domestic policies (our country)

• B. Veto Power• C. Also appoints judges and other federal officials

– Supreme Court and Cabinet• Can be elected to 2 four-year terms (after 22nd

amendment—1951)• Must be 35 years old and a natural-born citizen

Williamson’s Contributions• Hugh Williamson – NC delegate to Constitutional

Convention – Anti-federalist(opposed to strong national government)

• A. Impeachment – charging a public official (President) with wrong-doing while in office

• B. Two-thirds majority vote would override a Presidential veto

Trade Compromise• A. Issue – Who would control foreign trade?• North – wanted Congress• South – Each state should set its own rules• B. Compromise – Congress had the power to control trade

with other countries and could tax imports, but not exports. Congress could not do anything about the slave trade for 20 years. After that, it would be outlawed. Congress could regulate trade between the states

• Constitution becomes law in 1788 when New Hampshire becomes 9th state to ratify it.

• North Carolina – 12th state to ratify Constitution - 1789

Ratification of the Constitution• 1. Popular Sovereignty – final political power rests with

the people• 2. Federalism – strong national government that shares

power with the states• 3. First “political parties” were created • 4. Federalists• A. Leaders – Alexander Hamilton,• B. Favored strong national government with “loose”

interpretation of the Constitution• C. Domestic policy(in your country)• I. Supported national bank• II. Favored high tariffs to provide money for government• III. Favored limited freedom of speech and press

• D. Foreign policy(dealing with other countries) - Favored the British, were opposed to the French

• E. Bill of Rights was not needed – each state constitution would protect individual rights

• F. Favored by the wealthy, manufacturers, shippers, business people, urban areas

• 5. Antifederalists

• A. Leaders – Thomas Jefferson, George Mason

• B. Favored States’ Rights, weak national government, “strict” interpretation of the Constitution

• C. Domestic Policy• I. Opposed to national bank• II. Tariffs should be low• III. More rights for the people• D. Foreign policy – Favored the French, were opposed to

the British• E. Bill of Rights was extremely important to protect the

rights of the people – needed to protect the minority from the will of the majority

• F. Favored by farmers, planters, rural areas• 6. NC was mostly Antifederalist• 7. Main issue for several states before they would ratify the

Constitution was to include a Bill of Rights to protect the rights of individuals

• 8. Amendments – additions to the Constitution• A. Have to be approved by two-thirds of Congress, signed

by President, and ratified by three-fourths of states – 27 amendments today

• B. Electoral College – some delegates did not trust the people to elect the President

• I. Decided against direct election of the President• II. Each state would choose electors (qualified voters) to

elect President and Vice-president• III. Number of electors would be equal to a state’s

representation in Congress• IV. Today – popular vote determines how electoral votes

are awarded. In most states, popular winner gets all electoral votes

• 9. Constitution is ratified by all states by 1790 – world’s oldest written Constitution

• 10. 1791 – Bill of Rights is ratified