1.Why were the articles of confederation weak? 2.Why did the articles of confederation fail? 3.What...

1. Why were the articles of confederation weak?

2. Why did the articles of confederation fail?

3. What were the colonists afraid of?

4. What was their reason for concern?

5. What did the constitution do to calm these fears?

1781-1789 – The Articles of Confederation –

Went into effect after all 13 colonies had ratified.

This document reflected the fear that the colonists had about a strong central government. As a result this document was weak.

The idea behind the Articles was that there would be a confederation of independent states in the form of an alliance. The states would give as much power as they chose to the central government and no more.

This kept the main portion of the power with the sovereign states. This was more like a treaty among the states than a plan of centralized government.

Confederation accomplishments –

• The power to make treaties

•Declare war

•Receive ambassadors

•Successful end to Revolution

•Negotiation in the Treaty of Paris

•Land Ordinance of 1785

•NORTHWEST ORDINANCE 1787Northwest Ordinance – Provided for

the admission of a new state to the U.S.

Land Ordinance 1785- Divided territory into sections of 36 1 square mile plots. Each township had to set aside land for a public school. *Helping to establish public school system!

Northwest Ordinance 1787-set the pattern by which new states could join and prohibited slavery in the Northwest Territory

Articles of Confederation Weaknesses –

•No single national currency (states could coin money)

•Congress could not tax directly, buy had to ask the states for money

•No president to direct operations

Articles of Confederation Weaknesses –

•The congress could not raise an army for protection due to lack of funds•Government unable to command any respect at home or abroad•All 13 states had to agree before the Articles could be changed so change was impossible.

Shays Rebellion

Massachusetts 1786 –

Government decided to raise taxes instead of issuing money to pay off debts.

Farmers could not afford mortgages or the taxes and rebelled by walking to the Supreme court.

This was disbanded by the army and four farmers died as a result.

A time based on Republican (consent of the governed) principles: Each state adopted a new constitution. These all emphasized the limitations of power. Some of the rights included in these constitutions were reinforcing the right to vote, religion and ended government endorsement of churches.

By the late 1780’s it was obvious to most that the Articles were too weak to work. A Constitutional Convention was now called in hopes of saving the Articles.

Articles Constitution

States have most of the power – national government has little

No executive officer - president

No national courts – only state courts

Congress is responsible to the states

States have some power, by most is given to national government

A president heads the executive branch

Both national and state courts

Congress is responsible to the people

Articles Constitution

Each state coins its own money, no national currency

Congress could not regulate trade among the states

Congress had no power to tax

9/13 had to approve a law before it could go in to effect

Laws may be passed by the majority vote in both houses of Congress

Congress was given the power to tax

Congress had the power to regulate interstate and foreign trade

Only national government has the power to coin money

George Washington

James Madison Benjamin FranklinAlexander Hamilton

Patrick Henry –

Would not go due to his concern and disagreement with a stronger central government that he suspected this convention would be about.

The Great Compromise –

Large population states wanted large representation.

Small states wanted equal representation.

Solution – do both, bicameral ConnecticutPlan

The Three fifths Compromise

South - wanted slaves to be counted for more representation.

North – did not want slaves counted in representation.

Solution – 3/5 of slaves counted for tax and representation.

Commerce Compromise –

North – wanted government regulation of trade

South – Feared slave trade being shut down and did not want their exports taxed.

Solution – No export taxes and slave trade would not be disrupted for 20 years.

Compromise Issue Solution

Connecticut or Great

Slaves were counted as 3/5 of one person for rep. and tax

H of R – populationSenate - equal

Granting congress the power to regulate foreign and interstate trade

Counting slaves within population to determine representation

Representation in Congress

Commerce and Slave Trade

Three - Fifths

Congress forbidden to tax exports and no action against slave trade for 20 years

Not everyone approved the constitution right away, 9/13 had to approve it or else it would not go through. Some refused to sign out of fear and their feelings of Anti-federalism.

Federalist Anti FederalistFavored Ratification

Wanted a strong national government to provide order and

protect rights of the people

Claimed that a bill of rights was unnecessary because the new

government’s powers were limited by the Constitution.

Wanted a weak national government so that it would not threaten the

rights of the people or the powers of the states

Opposed Ratification

Wanted to add a bill of rights to protect the people against abuses of

power

The federalist papers - written by Alexander Hamilton were a blatant endorsement of the Constitution and the ratification thereof.

Popular Sovereignty – the source of all power and authority is the people. (democracy)

Separation of powers – power to govern is divided among the three branches.

Limited Government – the government is limited by law, limits are placed on state and national government and government officials.

Legislative – H of R and Senate

Makes Laws:

Overrides presidential vetoes

Approves presidential appointments

Approves treaties

Provides for defense, declares war

Regulates money and trade

Impeaches officials

Executive – president and Vice president

•Enforces laws and treaties

•Can veto laws

•Appoints high officials

•Conducts foreign policy

•Enforces laws and treaties

•Commander in chief of military

•Recommends bills to congress

•Reports the state of the union

Judicial – Supreme Court and Federal Courts

•Explains and interprets laws

•Settles legal disputes between states

•Settles disputes between states and foreign countries

•Hears cases with ambassadors of foreign governments

•Settles disputes between individuals and federal government

Flexibility of the Constitution –

The elastic clause – congress shall make all laws necessary and proper for carrying out the tasks listed in the Constitution.

The amendment process – the Constitution must be formally amended. Both congress and the states must agree to such changes. Judicial interpretation – interpretation of local, state and federal laws as well as executive actions to check for Constitutionality.

Congress has power to:

•Override presidential veto

•Reject treaties and presidential appointments

•Impeach & remove

Supreme Court has power to:

•Decide actions unconstitutional

•Interpret treaties

President has power to:

• Veto laws

• Make treaties and foreign policy

• Appoint federal officials

• Propose laws

Supreme Court has power to:

•Decide laws unconstitutional.

President has power to:

•Grant pardons

•Appoint judges

Congress has power to:

•Propose amendments to overturn court decisions

•Create lower courts

•Impeach and remove

•Reject appointments

Delegated powers – certain powers of the national government that are spelled out in the Constitution.

Implied powers – not stated in writing, this is implied by the elastic clause.

Concurrent power – powers that belong to both national and state governments. ( ie. Tax)

Denied powers – powers that are denied to the national government (ie. - export tax)

Reserved powers – not delegated to federal and not denied to the states. (ie. Divorce laws)

Delegated

Concurrent

Reserved

•Maintain army and navy

•Enforce laws

•Conduct elections

•Declare war

•Regulate trade between states and foreign nations

•Coin money

•Make all laws necessary in carrying out delegated powers

•Borrow money

•Build roads

•Collect taxes

•Protect the safety of the people

•Establish courts

•Establish schools

•Assume other powers not given to the national government or denied to the states

•Regulate marriages

•Establish local governments

•Regulate businesses within a state

1. Why were the articles of confederation weak?

2. Why did the articles of confederation fail?

3. What were the colonists afraid of?

4. What was their reason for concern?

5. What did the constitution do to calm these fears?