Chapter 2 - Articles, Constitutional Convention & Ratification

Pre Class

• Having just released themselves from Britain's monarchy, what would the colonists fear?

• Judging from some of the complaints the colonists had against Britain (in the DOI), what might some of their concerns be for any future government?

Articles of Confederation

• Set up the structure of the govt. (ratified 1781)

• Loose confederation (“league of friendship”) among states - weak central government

Govt. Under the Articles• Unicameral (single house) legislature –

CONGRESS– Each state had one vote– War, raise an army by asking states for troops– Treaties– Could raise money ONLY by borrowing/requesting

from the states• NO single executive (president) – leaders

chosen from legislature• NO federal court system

Achievements of the Articles

• Policy for settling/developing Western lands – stated ceded (gave up) their land to the central govt. so Congress could make a plan

• Land ordinances – laws that set how the lands would be organized– Northwest Ordinance (1787) – defined the process

for statehood

Articles of Confederation

• Look at the weaknesses of the Articles of Confederation. PUT A STAR NEXT TO 3 that you think the Founding fathers were most concerned about.

**the founders were fearful of a strong central government**

Other problems:• 9/13 states needed to pass laws• EVERYONE must vote to amend/change the AoC•No executive (ie. President) – lacked unity

The Need for a Stronger Central Govt.

• Disputes between states (borders, tariffs – taxes on imports, taxes on goods from other states)– NJ farmers had to pay fees to sell veggies in NY

• Each state saw itself as sovereign• FINANCIAL PROBLEMS – govt owned $40

million to foreign govts and soldiers who served in Revolution– The central govt could not impose taxes, and

couldn’t fund an army to defend the states!

Shays’s Rebellion• Daniel Shays and other

farmers who were not paid for their service in the Revolution were in danger of losing their homes, farms and shops

• Marched on the court houses & arsenal in Springfield, MASS

• Put down by Mass militia**scares the nation’s leaders because the central govt was powerless

Pre Class (on a separate sheet of paper)

• After we declared independence from Britain, what was the name of the first government that we formed?

• Identify one feature of this government.• Explain 2 problems with this government that

led the founders to call the Constitutional Convention in order to revise it.

• In 1787, a convention was called in Philadelphia to discuss amending (changing) the Articles of Confederation.

• What do you think were the founding fathers’ biggest concerns about the articles? Identify 2 problems you think they tried to solve first.

Closing

• In this episode, America is referred to as a “social experiment.” What do you think this phrase means? Do you think the “experiment” is still going on today? Why or why not?

• What were 3 problems in the Articles that were fixed with the creation of the Constitution?

Articles of Confederation

Articles of Confederation

Constitution

The Constitution

Key Agreements

• Limited/representative government• 3 branches – legislative, executive, judicial• Limit power of states to coin money• Strengthen national government

BUT – how would they put these into action??

Constitutional Compromises

• Main areas of debate at the Convention were:– Representation in Congress (equal or by

population?)– Slavery• How slaves should be counted for representation and

taxation• The trans-Atlantic slave trade

– Strong vs. weak central government– Executive (presidential) elections

Pre Class

• List 2 weaknesses of the Articles of Confederation (look at your notes from yesterday)

• What were 2 things the founding fathers disagreed about at the Constitutional Convention?

• WRITE DOWN YOUR HOMEWORK!

Congress could not tax exports

Pre Class

• What was one of the issues that required compromise at the Constitutional Convention?

• Briefly describe the disagreement and its resulting compromise/solution.

• Why did the Constitution face an uphill battle to be ratified (approved) by the states?

The Fight to Ratify

• What were some of the concerns surrounding the U.S. Constitution?

• What did the Federalists believe?

• What did the Anti-Federalists believe?

• Why was the Constitution ratified?

Bill of Rights • first 10 amendments to the

Constitution. • protect the rights of individuals and

limit the powers of the government• At first, they only applied to the

national government, now they apply to the states also (incorporation doctrine)

Checks and Balances Simulation

• How should we spend $100?• 3 groups– Group 1 controls the money– Group 2 decides how the money will be spent– Group 3 will rule on any challenges

Checks and Balances

Which check/balance applies to each situation?

• I am the President; I can declare war on Lower Slobovia.• I am a Judge; I can make any decision I want. • I am a Senator; I can help write and pass any law I want.• I am the President of the United States; I can veto any law

passed by Congress.• I am the President of the United States; I can do anything I

want.• I am the President of the United States; I can make a treaty

with Upper Slobovia.• We're the Supreme Court; we'll be ruling on every law for

years.

Keeping each other in check!

• Which branch of government is acting? Which other branch of government can't do what it wants?

• Historic events involving conflicts between branches include:• The impeachment of President Andrew Johnson.• The impeachment of President Bill Clinton.• The conflict over Franklin D. Roosevelt's attempt to add six

seats to the Supreme Court.• The Alien and Sedition Acts.• Supreme Court cases such as Marbury vs. Madison (1803), the

Dred Scott Decision (1857) and McCulloch v. Maryland (1819).• President Andrew Jackson's conflict with Congress over the

Second National Bank.• The Watergate incident during Richard Nixon's tenure in office.

Amending the Constitution

Is it time to update the Constitution?

One Document Under Siege

• While you read:• Take notes on the scope, intensity, duration,

and resources involved. • Has policy been made in regard to this issue?

Can the policy be validated by the Constitution? Explain... What is your opinion?

What is public policy?

• public policy making is problem solving by someone in an authoritative position to get the job done.

• When considering public policy, problems must be analyzed using the following four elements: – SCOPE – How widespread a problem– INTENSITY – How troublesome a problem – DURATION – How long a problem – RESOURCES -- Costliness of the problem

• Issue 1: LIBYA Article 1 Section 8 ‘The Congress shall have power..To declare war’. Article II Section 2 ‘The president shall be commander-in-chief of the Army and Navy of the United States’

• Issue 2: THE DEBT CEILING Article I, Section 8 ‘The Congress shall have power...to borrow money on the credit of the United States.’ 14th Amendment, Section 4, ‘The validity of the public debt of the United States...shall not be questioned.’

• Issue 3: OBAMACARE Article I, Section 8, Clause 3, ‘The Congress shall have power....to regulate Commerce with foreign nations, and among the several states.’

• Issue 4: IMMIGRATION 14th Amendment 1868, ‘All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside