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Newman Essays!US Constitution
Identify four major weaknesses inherent within the Articles of Confederation.ORWhat was the goal of the US Constitution? Why did it replace the Articles of Confederation?
2
Newman ESSAY #1
• These need to be typed.
• Approximately 2 pages double spaced 12 point Times New Roman usually gets the job done.
• Newman evaluates all of these so very important to do your very best job.
• See the next 2 slides for some guidance. Put into your own words and expand on each point.
3
4
Constitution
Q: Identify four major weaknesses inherent within the Articles of Confederation.
1. Congress lacked the power to tax, so there was no for the federal government to earn
money. Congress could only requisition funds from the states. The states, however, failed to
respond to the requests. Congress had no way to enforce the “request”, so the federal
government was virtually broke after the Revolutionary War.
2. Congress lacked the power to regulate commerce. As a result, certain treaties reached
between the United States and foreign countries could not be enforced. Therefore, nations
exploited this weakness by imposing restrictions on trade, which made it difficult to export
goods.
3. Congress lacked real authority over the states. As a result, the states did not cooperate with
each other. This led to trading practices that would hurt one another. Instead of acting as a
confederation, each state looked out for its own interests, which led to essentially thirteen
separate countries.
4. Congress lacked authority to make changes on its own. Any exercise of national authority
required the approval of nine states. Any amendment to the Articles required a unanimous
vote of all thirteen states. Because of the conflict between the states, getting nine states to
agree to an exercise of national authority was rare and unanimity for an amendment never
occurred.
Exceeds expectations Identifies all four points and provides full discussion on all four points
Meets expectations Identifies three points with moderate discussion
Does NOT meet expectations Only identifies two or fewer points with little or no discussion
5
Constitution Q: What was the goal of the U.S. Constitution? Why did it replace the Articles of
Confederation? One basic goal of the Constitution was to unify states by creating one
national government without giving too much power to one person or
entity. The Articles really exposed the fact that the national
government could not operate effectively if the states continued to
look out for their own individual interests.
Another basic goal of the Constitution was to safeguard individual
rights. As a result, the Constitution created three branches of
government. This corrected the problems the Articles of Confederation
created by giving each branch some authority, but also allowing for
each branch to “check” the other.
The Constitution grants certain powers to the executive, judicial and
legislative branches of government. Any powers not granted to one of
the three branches are reserved to the states.
The Articles were created by the states. As a result, Congress was
controlled by the states. This led to Congress having little to no
authority to do anything or change anything. If the states did not
respond to Congress’ requests, Congress had no authority to exact
sanctions or consequences against the states.
The Constitution gave the national government supremacy. Along with
the Constitution itself, the laws enacted under the Constitution, and
any treaties entered into become the supreme law of the land.
Exceeds expectations Identifies all five points or discusses at least four of them
in much more depth than most students Meets expectations Identifies four solid points or at least discusses three
points in depth Does NOT meet expectations
Only identifies three or fewer points with little or no discussion
6
Ch. 3 Scenario 1:
Page 51-52 Scenario:
What similarities does
the European Union’s
task of creating a
Constitution share
with the United States’
efforts in 1787?
What are the
differences between
the two?
Answer in a
paragraph.
The Revolutionary Roots of the Constitution
Only 4300 words (original) – shortest
The Constitution is the supreme law of the land
Establishes three branches of government and describes their powers
Outlines interactions between the government and those governed
Defines relationship between national government and the states 7
The Longevity of Constitutions
U. S. has world’s oldest (?) constitution –ratified in 1789 (single document)
Average duration is 17 years
Constitutional durability comes from:
An open, participatory process
A tendency to be specific
A tendency to be flexible through interpretation and amendment
8
Freedom in Colonial America
American colonists had more freedoms than those living in most other countries Landowners controlled and could sell
property
Religious choice not mandated nor payments to a church required
No wage ceilings or professional guilds
Almost complete freedom of speech, press, and assembly
10
The Road to Revolution
British Parliament believed colonists should pay for administration of colonies
Costly because of wars to protect them (French/Indians)
Colonists disagreed, especially since had no representation in Parliament
NO taxation without representation!11
Road to Revolution Sons of Liberty and Daughters of Liberty
organized various kinds of opposition
Destroyed taxed items
Only used American to oppose
Boston Tea Party resulted in imposition of Coercive/Intolerable Acts, escalating conflict
British wanted order
America wanted freedom
12Original Sons of
Liberty flag
Uniquely American Protest
13
• Tar and Feather used
on the Stamp Act tax
collector.
• Notice the Tea Party
in the background.
• Also note the “Stamp
Act” upside down on
the “Liberty Tree.”
First Continental Congress
Met in Philadelphia in September 1774
All colonies except Georgia sent delegates (needed British protection from Indian attacks)
Objective was to restore harmony with Great Britain
Delegates adopted a statement of rights and principles in October
Later formed basis for Declaration of Independence and Constitution
14Carpenters’ Hall
Second Continental Congress
May 1775
Response to April 19, 1775 battle at Lexington and Concord
Prepare for war
Served as government for colonies
Declaration of Independence
15
The Declaration of Independence
Principles rooted in writings of John Locke
Thomas Jefferson
July 4, 1776
Government there to protect God-given, inalienable rights
Social contract theory – consent of governed
People have right to revolt if government denying basic rights
16Page A-1 in book
Declaration of Independence Writing Assignment
You and a partner will be re-writing the Declaration in another style of writing:
Redneck
Valley Girl
Mad Scientist
Robot
Romantic
Any other approved idea
17
Your rewritten Declaration MUST include the major ideas from the original version.
You are still the colonies in American declaring independence from England. You’re just doing it a little differently.
You must include at least five grievances (complaints) against King George.
See Handout for more details.
18
TREASON
Signing the Declaration was treason
Punishment:
Hanging and Drawing & Quartering In England, the punishment of being "hanged, drawn and quartered" was
typically used for men convicted of high treason. This referred to the practice of drawing a man by a hurdle (similar to a fence) through the streets, removing him from the hurdle and hanging him from the neck (but removing him before death), disemboweling him slowly on a wooden block by slitting open his abdomen, removing his entrails and his other organs, and then decapitating him and dividing the body into four pieces. The man's head and quarters would often be parboiled and displayed as a warning to others. As part of the disembowelment, the man was also typically castrated and his genitals and entrails would be burned.
A matter of life and death! 19
Second Continental Congress
Approved Declaration of Independence on July 4, 1776
War of Independence began April 19, 1775 and ended on October 19, 1781
Britain at a disadvantage because of distance from conflict and because Americans fighting for defense of their liberty
20
Some Revolutionary War Interesting Facts
Catholics had tough choice on whom to support
Greater % of population died/wounded than any other U.S. conflict other than Civil War
1 in 5 colonists remained loyal to Britain
Loyalists property/rights taken after the war
21
From Revolution to Confederation
Left without a central government, colonists formed a confederation of states
Wanted a central government with very limited powers States retain sovereignty. Each state has
supreme power within its borders.
Articles of Confederation adopted November 15, 1777Took effect March 1, 1781
22
Articles of Confederation First govt of U.S.
States retained sovereignty (supreme power)
Each state had one vote in Congress
Votes on important issues required agreement of at least 9 of 13 states
National government largely powerless
Thought a strong central govt would resemble British rule 23
4 Main reasons:
1. National government did not have power to tax Congress had to plead for $ from states
2. No provision for independent leadership to direct government's operations Basically no President, a
deliberate omission
Why did the Confederation fail?
24
Why did the Confederation fail?
3. National government could not regulate interstate and foreign commerce
When John Adams proposed the confederation enter into commercial treaty with Britain after the war, he was asked ‘Would you like 1 treaty or 13?”
Remember that states were sovereign
4. Amendments to Articles had to be unanimous
Each state could veto any changes25
Disorder Under the Confederation
After the war, Americans imported many new goods
This resulted in high personal debt levels; combined with high taxes, many went bankrupt
In Massachusetts, farmers rebelled Known as Shays’ rebellion
National government unable to respond due to lack of funds Showed weakness of Articles. Stronger central govt needed!
26
From Confederation to Constitution
National government’s inability to keep order led some to propose amendments to Articles of Confederation
Delegates from 13 states met in Philadelphia in May 1787
Actual purpose was to write new constitution – kept secret
27Independence Hall (State House)
Philadelphia Convention aka Federal Convention aka
Constitutional Convention
12 of 13 states sent delegates (RI exception)
55 delegates showed up; no more than 30 at one time
Such a grouping of men will never be seen again
Highly educated
Politically savvy
Secretive
28
Attending:
James Madison
George Washington
Alexander Hamilton
Benjamin Franklin
Edmund Randolph
Roger Sherman
NOT attending:
Thomas Jefferson
John Adams
Patrick Henry
John Hancock
Samuel Adams
The Virginia Plan Proposed by James Madison/Edmund
Randolph
Decided to create new constitution instead of amending Articles
Strong national government
National government would be able to override state laws
29
James Madison, Father of the Constitution
30
Although he dismissed the
accolade “Father of the
Constitution,” Madison
deserved it more than
anyone else. He exercised
a powerful influence in
debates (and was on the
losing side of more than half
of them).
The Virginia Plan Three branches of government Two legislative houses, with one elected by people
and one appointed by states Representation in legislature based either on
population or taxes paid Single executive appointed by legislature National judiciary with one or more supreme courts;
judges appointed for life Executive and judges could veto acts of legislature Greater power for national government Could override state laws
31
The New Jersey Plan Small states opposed Virginia Plan’s
legislature based on population
Alternate proposal: Single chamber legislature with power to
regulate commerce and raise revenue
Equal representation for each state in legislature
Multiperson executive, with no veto power
Supreme tribunal with limited jurisdiction
National laws supreme32
William Paterson
• Did not fix weaknesses of
Articles of Confederation
The Great Compromise Also known as “Connecticut Compromise”
Representation in House based on state POPULATION
Each state to have two senators, selected by state legislatures. EQUAL Representatives
Small states have more power in Senate; large states more power in House
35
2 Population
Compromise on the Presidency
One executive chosen by an electoral college
A state’s electors equal total members in Congress
President is candidate with most electoral votes; Vice President has second most votes
If no majority, House to choose President and Senate Vice President
Procedure changed in 1804 with 12th Amendment
President to serve for four years, no term limits
Two-term limitation set by 22nd Amendment
36
Electoral College Map – 2008 Election
37
“winner take all” Need 270 out of 538
electoral votes to win
Removal of the President
House of Representatives can charge a president with “Treason, Bribery, or other High Crimes and Misdemeanors”
Senate then holds trial on charges; 2/3 majority to convict Chief Justice to preside over trial
Two presidents impeached (Andrew Johnson and Bill Clinton); none convicted and removed from office
39
The Final Product In preamble, the four elements forming the
American political tradition listed:
Creation of a people We the People of the United States (departure from confederation)
Explanation of the reasons for the Constitution In order to form a more perfect Union (A of C was inadequate)
Outline of goals for the government Establish justice, insure domestic tranquility, provide for the
common defence, promote the general welfare, & secure the Blessings of Liberty to ourselves and our Posterity (promote order and freedom)
Establishment of the government Do ordain and establish this Constitution for the U.S. of A. 40
The Basic Principles
Republicanism Form of govt where power resides in people through
representatives (this was new at this scale of govt)
Federalism Division of power between central govt and regional/state
govt.
Separation of powers Each branch is separate but equal
Checks and balances Each branch some scrutiny/control over other branches
41
The Constitution and the Electoral Process
42
What could the
people directly vote
for as far as
members of national
government?
See pg. 67 for the
chart
Framers were afraid
of majority rule
Separation of Powers and Checks and Balances
43
Pg. 68
Green boxes – separation of
powers
Other boxes show checks and
balances
The Articles of the Constitution
Article I: The Legislative Article
Defines bicameral legislature and its operations, duties and qualifications of members
Lists enumerated powers Also has “necessary and proper clause”
Article II: The Executive Article
Establishes executive branch, election procedures, qualifications, and duties and powers
44
The Articles of the Constitution
Article III: The Judicial Article Supreme Court is highest court; Congress to decide
rest
Federal judges serve for life; independent of other branches
The Remaining Articles IV: Treatment of other states’ citizens and addition
of new states (Relations Among the States)
V: Amendments
VI: Supremacy clause, oath of office, national debt
VII: Ratification process: 9/13 states
45
The Framer’s Motives
Most important: inability of government to maintain order under the Articles of Confederation
Economic stability also a motive
47
The Slavery Issue
To ensure passage, Constitution essentially condoned slavery
“The Great Compromise” counted slaves as 3/5ths of a person when allocating representation in House
Slave trade not to be ended for 20 years
Slavery not mentioned directly in Constitution
48Nearly 18% of 1790 population
were slaves
All men
created
equal?
Selling the Constitution
To take effect, nine state conventions must ratify
Two groups vied for supporters; formed basis of later political parties
Proponents known as Federalists
Those against new constitution were Antifederalists
49
The Federalist Papers
Eighty-five newspaper articles written to support ratification of Constitution Essays written by James Madison, Alexander
Hamilton, and John Jay under the name of “Publius”
Most famous is Federalist No. 10 about factions; Federalist No. 51 about same issue More diverse the society is, the less likely unjust majority forms
Checks and balances to protect from too much govt power
Antifederalists wrote additional articles under pen names “Brutus” and “Federal Farmer”
50
A Concession: The Bill of Rights
Many citizens unhappy Constitution did not address basic civil liberties
This omission chief barrier to adoption
George Washington proposed adding Bill of Rights after Constitution ratified Over 100 proposed; 12 approved and sent to
states
Ten became part of Constitution in 1791
51
Ways to remember the Bill of Rights
http://www.youtube.com/watch?v=82DnWqNKqiI
http://www.youtube.com/watch?v=LYG_f-y8-VY
54
The rest of the Amendments
55
Gregory
Watson –
pg. 78
Which
Amendments do
you think are the
most important?
Ratification
Constitution took effect after New Hampshire became ninth state to ratify June 21, 1788
Success of new government guaranteed when New York and Virginia ratified document in July 1788
New govt launched peacefully
56
The Formal Amendment Process
Two ways to propose; two to ratify
Most frequently used is proposal by 2/3 vote of House and Senate; ratification by vote of ¾ of state legislatures
Congress generally sets seven years as deadline for approval
Most amendments reflect changes in political thinking
58
Constitutional Amendments
Since 1787, over 10,000 proposed
Last approved was 27th Amendment, one of the original 12 proposed in 1789
Only six proposed to states not approved
62
Scenario ?: Look up on your device the 6 that
were not passed. Write down a brief synopsis
of what they said.
Proposed Amendments
Equal Rights Amendment 1972
DC Voting Rights 1978
Congressional Apportionment 1789
Titles of Nobility 1810
Corwin Amendment 1861
Child Labor Amendment 1924
Interpretation by the Courts
Concept of judicial review not spelled out in Constitution
In Marbury v. Madison (1803), Supreme Court declared it had power to nullify government acts that conflict with Constitution
In interpreting Constitution, new meaning may be given
64
How to interpret the
2nd Amendment?
(Militia?)
Political Practice
Constitution silent on many issues
Other provisions have fallen out of use
Presidential responses to national crises have enlarged power of presidency
Founders viewed Congress as most powerful branch of government….but now the President is?
65
Originally, electors to vote conscience. Now just a
“rubber stamp.”
An Evaluation of the Constitution
Oldest written national constitution
One of the shortest and most copied
Founders spelled out powers in generalities, allowing for modern interpretations 4300 words. Amendments add another 3100.
Most state constitutions longer and more specific Alabama’s constitution has about ½ the words of the
Bible66
67
Many nations look to U.S. Constitution/Bill of Rights when
embarking on own Constitutions. Free/partially free countries
are increasing in number.
Freedom, Order, and Equality in the Constitution
Constitution balances order and freedom, with little attention to equality
When adopted, social equality not considered to be objective of government
Political equality also not addressed; later amendments expanded suffrage
16th Amendment – income tax. Social equality.
68
The Constitution and Models of Democracy
U.S. Constitution follows pluralist model of democracy
Federalist No. 10’s factions
Federalist No. 51’s explanation of how separation of powers and checks and balances protect against majority rule
U.S. government has no single center of government power Separation of powers/checks and balances 69
Newman ESSAY #1
• These need to be typed.
• Approximately 2 pages double spaced 12 point Times New Roman usually gets the job done.
• Newman evaluates all of these so very important to do your very best job.
• See the next 2 slides for some guidance. Put into your own words and expand on each point.
70
71
Constitution
Q: Identify four major weaknesses inherent within the Articles of Confederation.
1. Congress lacked the power to tax, so there was no for the federal government to earn
money. Congress could only requisition funds from the states. The states, however, failed to
respond to the requests. Congress had no way to enforce the “request”, so the federal
government was virtually broke after the Revolutionary War.
2. Congress lacked the power to regulate commerce. As a result, certain treaties reached
between the United States and foreign countries could not be enforced. Therefore, nations
exploited this weakness by imposing restrictions on trade, which made it difficult to export
goods.
3. Congress lacked real authority over the states. As a result, the states did not cooperate with
each other. This led to trading practices that would hurt one another. Instead of acting as a
confederation, each state looked out for its own interests, which led to essentially thirteen
separate countries.
4. Congress lacked authority to make changes on its own. Any exercise of national authority
required the approval of nine states. Any amendment to the Articles required a unanimous
vote of all thirteen states. Because of the conflict between the states, getting nine states to
agree to an exercise of national authority was rare and unanimity for an amendment never
occurred.
Exceeds expectations Identifies all four points and provides full discussion on all four points
Meets expectations Identifies three points with moderate discussion
Does NOT meet expectations Only identifies two or fewer points with little or no discussion
72
Constitution Q: What was the goal of the U.S. Constitution? Why did it replace the Articles of
Confederation? One basic goal of the Constitution was to unify states by creating one
national government without giving too much power to one person or
entity. The Articles really exposed the fact that the national
government could not operate effectively if the states continued to
look out for their own individual interests.
Another basic goal of the Constitution was to safeguard individual
rights. As a result, the Constitution created three branches of
government. This corrected the problems the Articles of Confederation
created by giving each branch some authority, but also allowing for
each branch to “check” the other.
The Constitution grants certain powers to the executive, judicial and
legislative branches of government. Any powers not granted to one of
the three branches are reserved to the states.
The Articles were created by the states. As a result, Congress was
controlled by the states. This led to Congress having little to no
authority to do anything or change anything. If the states did not
respond to Congress’ requests, Congress had no authority to exact
sanctions or consequences against the states.
The Constitution gave the national government supremacy. Along with
the Constitution itself, the laws enacted under the Constitution, and
any treaties entered into become the supreme law of the land.
Exceeds expectations Identifies all five points or discusses at least four of them
in much more depth than most students Meets expectations Identifies four solid points or at least discusses three
points in depth Does NOT meet expectations
Only identifies three or fewer points with little or no discussion
Recommended