Confederation to Constitution

Confederation to Constitution

Mrs. KelleherFriday October 19, 2012

Schema Activator

Monday: What is a confederation?

Tuesday: What is more important: good for one or good for all? Support your answer with detail or examples.

Friday: Name as many rights as you can that the Bill of Rights grants US Citizens.

K.U.D.

KNOWWhy the founding fathers wanted a Confederation?UNDERSTANDWhy and How the Confederation was changed to the ConstitutionDOTake notes using graphic organizers

Landmark English Documents

• Magna Carta (1215) = first attempt to limit the power of the monarch

• Petition of Right (1628) = challenged the idea of divine right - monarch was not above the law

• English Bill of Rights (1689) = protection against arbitrary rule - monarch must rule with consent of Parliament

IN CONGRESS, JULY 4, 1776The unanimous Declaration of the thirteen united States of America

When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected

them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them,

a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among

these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from

the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to

abolish it, and to institute new Government………….

Declaration of IndependenceJuly 4,1776

· Influenced by John Locke· Natural rights granted by God

· Life, liberty, & the pursuit of happiness (property)

· Equality of all men· Principle of limited government· Government by consent· Right to rebel against tyranny Thomas Jefferson

Primary Author

James Madison, 4th president of the United States.

Shaping a New Nation

Americans adopt the Articles of Confederation. A new constitution is ratified after Federalists agree to include a Bill of Rights.

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Experimenting with Confederation

Drafting the Constitution

Ratifying the Constitution

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Shaping a New Nation

Experimenting with ConfederationAmericans adopt the Articles of Confederation but find the new government too weak to solve the nation’s problems.

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Americans Debate RepublicanismColonies Become States• People consider self-governing colonies basic

political unit - colonists give their allegiance to colony- idea persists when colonies become states

Experimenting with Confederation

Continued . . .NEXT

Unity Through a Republic• Colonists believe democracy gives too much power

to uneducated• Prefer republic—citizens rule through elected

representatives• Views of republicanism, government based on

consent of people:- John Dickinson: put nation’s good above self- Adam Smith and followers: pursue own interests

continued Americans Debate Republicanism

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Continued . . .

State Constitutions• Many states limit powers of government leaders• Guarantee specific rights to citizens; stress liberty,

not equality• Only white males can vote; in some states must

own property

continued Americans Debate Republicanism

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Political Precedents• Previous republican governments cannot be adapted

to U.S. needs:- none balanced concerns of state and national governments

• Ancient Greece, Rome, Italian city-states did not last

The Continental Congress DebatesRepresentation by Population or by State?• Size, population varies; represent people or states

in Congress?• Congress believes it represents states; every state

gets one vote

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Supreme Power: Can It Be Divided?• Confederation or alliance: national government,

states share powers• Articles of Confederation—laws assigning

national and state powers • National government handles war, treaties,

weights, measures, mail • No executive or court system was established to

enforce, interpret lawsContinued . . .

continued The Continental Congress Debates

Western Lands: Who Gets Them?• By 1779, 12 states approve Articles of Confederation• Maryland approves when western land claims

given to U.S.• Articles of Confederation go into effect March 1781

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Governing the Western Lands• Land Ordinance of 1785 creates plan for

surveying western lands• Northwest Ordinance of 1787—plan for creating

territories, statehood

Land Ordinance of 1785

The Confederation Encounters ProblemsPolitical and Economic Problems• Confederation lacks unity; states pursue own

interests• Congress amasses huge debt during

Revolutionary War• Rhode Island rejects tariff on imports; foreign debt

cannot be paid

Continued . . .NEXT

Borrowers Versus Lenders• Creditors favor high taxes so they will be paid back• Taxes put farmers in debt; many lose land and

livestock• Debtors want large supply paper money; creditors

want small supply

continued The Confederation Encounters Problems

Foreign-Relations Problems• U.S. does not pay debts to British merchants or

compensate Loyalists • In retaliation, Britain refuses to evacuate forts on

Great Lakes• In 1784, Spain closes Mississippi River to

American navigation• Westerners unable to ship crops east through New

Orleans• Congress unable to resolve problems with foreign

nations

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Weaknesses of theArticles of Confederation

Confederate system w/one branch at the national level Unicameral Congress - one vote per state National Congress powerless to tax National Congress powerless to regulate foreign &

interstate trade No executive branch to enforce acts of Congress No national court to settle disputes between states Amendment: ALL 13 states had to agree - unanimous 9/13 majority to pass laws

Drafting the ConstitutionAt the Philadelphia convention in 1787, delegates reject the Articles of Confederation and create a new constitution.

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Nationalists Strengthen the GovernmentShays’s Rebellion• 1786–87 armed farmers demand closing of courts

to avoid losing farms• Shays’s Rebellion—state militia defeats farmers

led by Daniel Shays • Many leaders fear rebellion will spread through

country • George Washington calls for stronger national

government

Drafting the Constitution

Continued . . .NEXT

Call for Convention• 5 states send delegates to meeting on interstate trade

(1786)• Shays’s Rebellion leads 12 states to join

Constitutional Convention• James Madison of Virginia known as “Father of the

Constitution”

continued Nationalists Strengthen the Government

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Convention Highlights• In 1787, 55 delegates meet at Pennsylvania State

House• Windows kept shut to prevent eavesdropping on

discussions• Washington unanimously elected presiding officer

Conflict Leads to CompromiseBig States Versus Small States• Delegates recognize need to strengthen central

government- decide to form new government

• Madison’s Virginia Plan: bicameral (two house) legislature based on population

• William Paterson’s New Jersey Plan: single house, one vote per state

Slavery-Related Issues• South wants slaves in population count for House,

not for taxes• North wants slaves in population count for taxes,

not for House

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Continued . . .

INDEPENDENCE HALL, PHILADELPHIAWhere the Constitutional Convention met in 1787.

Virginia and New Jersey PlansVirginia PlanMadison•Strong National Government•Separation of Powers•Bicameral legislature•Checks on power•Representation according to population= Large State Plan

New Jersey Plan•Strong National Government•Separation of Powers•Unicameral Legislature

•Power to tax, duties on imports•Regulate of commerce (trade)•Supremacy of National Law•Use force against states

•Representation equal for all states= Small State Plan

The Compromise(s)• Roger Sherman, delegate from Connecticut, proposes

Great Compromise:– Senate has equal representation, elected by state legislatures– House of Representatives, based on population, elected by

people• Three-Fifths Compromise allows 3/5 of state’s slaves to

be counted– Congress given power to regulate foreign trade– Cannot interfere with slave trade for 20 years

continued Conflict Leads to Compromise

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Creating a New GovernmentDivision of Powers• Federalism—division of power between national

and state governments• National government has delegated or

enumerated powers (powers only for national government to address)• Nation handles foreign affairs, defense,

interstate trade, money• Powers kept by states are called reserved powers

• States handle education, marriage laws, trade within state

• Shared powers include right to tax, borrow money, establish courts

Continued . . .

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continued Creating a New Government

Separation of Powers• Legislative branch makes laws• Executive branch carries out laws• Judicial branch interprets laws• Checks and balances prevent one branch from

dominating the others• Electoral college—electors chosen by states to

vote for president

Creating the Constitution• Constitution can be changed through amendment

process

Solutions provided by theU.S. Constitution

Federal System Bicameral Congress: (Connecticut Compromise)

Senate – States are equally represented – 2 per state House of Representatives – Based on population size

Congress given power to tax Congress given power to regulate trade Executive Branch to enforce laws Judicial Branch to interpret laws & Constitution Amendment: Proposed by 2/3 Congress

Ratified by ¾ of the state legislatures 50%+1 to pass laws

Section 3

Ratifying the ConstitutionDuring the debate on the Constitution, the Federalists promise to add a bill of rights in order to get the Constitution ratified.

Federalists and AntifederalistsControversies over the Constitution• Ratification (official approval) requires support of

nine states• Voters elect delegates to vote on ratification at

state convention• Process bypasses state legislatures, who are

likely to oppose • Federalists favor balance between state, national

governments • Antifederalists oppose strong central

government:- may serve interests of privileged minority- unlikely to manage a large country well- believe Constitution does not protect individual rights

Ratifying the Constitution

Federalists•Washington, Franklin, Hamilton, Madison, Jay•Argued for strong Federal Government•Printers/traders merchants supported•Madison didn’t believe listing rights was necessary •Said listing those rights will in effect limit rights

•Madison, Jay and Hamilton pseudonym = Publius

•Wrote the Federalist Papers•Feds were afraid of disorder •Gov needs to check the power of the masses

Anti-FederalistPatrick Henry, George Mason, Henry Lee, Sam Adams• Were against the

Constitution• Did not want strong

Federal Government• Feared possibility of

dictatorship• Wanted to protect

individual rights • Wanted to protect

State’s Rights

Problems with Constitution:• Want Bill of Rights• “No Government can

be trusted to protect liberties of its citizens.”

• “The only way to protect liberties is to enumerate the natural rights of the people”

• Insisted on a Bill of Rights

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The Opposing Forces• Urban centers Federalist; merchants, workers favor

trade regulations• Small or weak states want protection of strong

government • Rural areas Antifederalist; farmers fear additional

taxes• Large or strong states fear loss of freedom to strong

government• The Federalist—essays that defend, explain,

analyze Constitution• Antifederalists read Letters from the Federal Farmer:

- lists rights they want protected

continued Federalists and Antifederalists

The Bill of Rights Leads to RatificationPeople Demand a Bill of Rights• Antifederalists demand written guarantee of

people’s rights• Federalists promise bill of rights if states ratify

Constitution

Ratification of the Constitution• December 1787–June 1788, nine states ratify

Constitution• Federalists need support of large states Virginia

and New York• After opposition and debate, Virginia and New

York ratify by 1788• The new government becomes a reality in 1789

Who wrote the Constitution:

• 55 men• experienced in politics• men of wealth and

prestige (elite)• most were formally

educated• all were white• owned property• relatively young

James Madison = Primary Author “Father of the Constitution”

THE BATTLE FOR RATIFICATIONA cartoon satirizing the debate between Federalists and Anti-Federalists in Connecticut.

The Constitution (1789)Ratification - approval process:

Issues: Representation, tyranny of the majority, governmental power

Federalists (James Madison, John Jay & Alexander Hamilton)

• Representative of the people and have a measure of autonomy from the people = efficiency & competency

• Feared tyranny of the majority• Favored strong national government

Ratification of the Constitution…

Anti-Federalists (Thomas Jefferson, Robert Yates & Patrick Henry)

• feared giving too much power to the national government

• favored state power• feared aristocratic nature of governments• opposed the lack of a bill of rights

The United States of AmericaFirst President• George Washington (1789-1797)

– Chairman of the Constitutional Convention

– chosen President by unanimous consent by the members of the Constitutional Convention

– opposed political parties– established tradition of serving only

two termsFirst Vice President• John Adams

Principles of the Constitution

• Popular Sovereignty• Limited Government• Separation of Powers• Checks and Balances• Judicial Review• Federalism

Popular Sovereignty

• The people are the source of political authority - (power)

• Government by consent• Representative democracy (republic)• “We the People of the United States…”

Limited Government

• Rule of law• No one is above the law - including members

of the government• The government must operate within the

boundaries of the Constitution

Separation of Powers

• Division of the national government into three co-equal branches

• Each branch given specific responsibilities• Legislative Branch = make laws• Executive Branch = enforce laws• Judicial Branch = interpret laws

Checks and Balances

System designed to prevent any branch of the national government from becoming more powerful than another branch

Judicial Review

• The power of the courts to decide the constitutionality of laws and acts of government– Marbury v. Madison(we’ll talk about this when we learn the Bill of Rights next week)

Federalism

• The powers of government are divided between national and state levels

• Results in a dual system of government• Each level has some independent powers

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Adoption of a Bill of Rights• 1791, Bill of Rights, or first ten amendments,

ratified by states• First Amendment—freedom of religion, speech,

press, politics • Second, Third—right to bear arms, no quartering of

soldiers• Fourth through Eighth—fair treatment for persons

accused of crimes• Ninth—people’s rights not limited to those mentioned

in Constitution• Tenth—people, states have all rights not specifically

assigned

continued The Bill of Rights Leads to Ratification

The Constitution is Ratified• December 7, 1787 Delaware is the first state to ratify the

Constitution• Pennsylvania December 12 • New Jersey Dec. 18• Georgia January 2, 1788• Connecticut Jan. 9• Massachusetts Feb. 7• Maryland April 28• South Carolina May 23• New Hampshire, June 21 (9th state to ratify Constitution goes

into effect)

Review: Confederation to ConstitutionAmerica’s 1st Constitution 1781-1789

The first system of government designed by the Founding Fathers was a Confederation.

Under a Confederate system, the National or Central Government is given only a few

powers, while most of the power is reserved for the States.

Why did the Founding Fathers Choose a Confederation plan of government?

Why Did the Founding Fathers believe the Articles needed to be replaced by the US

Constitution?

The Articles of Confederation America’s 1st Constitution 1781-1789

The Articles had 2 major achievements:

1)Bringing the Revolutionary War to a successful conclusion

2) North West Ordinance (plan for governing the western lands)

The Articles of Confederation

Congress was given the power to:

America’s 1st Constitution 1781-1789

Declare War &

Establish an Army/Navy

No Power to Draft Soldiers




Make Peace & Sign Treaties

No Power to Enforce Treaties




Borrow Money No Power to Collect Taxes from

the States




No Chief Executive

No national court system

No Power to Regulate Interstate Commerce

No National Currency

Difficult to Pass laws (2/3 vote)

Organize a

Post Office




Difficult to Amend(unanimous vote needed

to change the articles)


• Congress given the power to:

• Declare War• Make Peace• Sign Treaties• Borrow Money • Establish an Army &

Navy• Organize a Post Office

• No Chief Executive• No National Court System• No Power to Draft Soldiers• No Power to Control Interstate

Commerce• No Power to Enforce Treaties• No Power to Collect Taxes from the

States• Difficult to Pass Laws (2/3 vote)• No National Currency• Difficult to Amend • (Unanimous Vote Needed to Change

Articles)

Conclusion

They feared that a strong central government would create tyranny, and

stamp out the peoples natural God given rights.

Why did the Founding Fathers Choose a Confederation plan of

government?

ConclusionWhy Did the Founding Fathers believe the Articles needed to be replaced by

the US Constitution?

The nation needed to function as ONE united country & not 13 small

unorganized nations.

Shay’s rebellion proved the need to strengthen the government.

Articles of Confederation vs. the Constitution Confederate system Unicameral Congress - one

vote per state Powerless to tax Powerless to regulate foreign

& interstate trade No executive branch to

enforce acts of Congress No national court to settle

disputes between states Amendment: ALL 13 states

had to agree - unanimous 9/13 majority to pass laws

Federal System Bicameral Congress: Senate

& House of Representatives Congress given power to tax Congress given power to

regulate trade Executive Branch to enforce

laws Judicial Branch to interpret

laws & Constitution Amendment: 2/3 Congress +

¾ State Legislatures 50%+1 to pass laws

Comparing the two ConstitutionsIssues: Articles of Confederation The Constitution

Levying Taxes Congress could request states to pay taxes

Congress has right to levy taxes on individuals

Federal courts No system of federal courts Court system created to deal with issues between citizens, states

Regulation of trade No provision to regulate interstate trade

Congress has right to regulate trade between states

Executive No executive with power. President of U.S. merely presided over Congress

Executive branch headed by President who chooses Cabinet and has checks on power of judiciary and legislature


Amending document 13/13 needed to amend Articles

2/3 of both houses of Congress plus 3/4 of state legislatures or national convention

Representation of states Each state received 1 vote regardless of size

Upper house (Senate) with 2 votes; lower house (House of Representatives) based on population

Raising an army Congress could not draft troops, dependent on states to contribute forces

Congress can raise an army to deal with military situations

Interstate commerce No control of trade between states

Interstate commerce controlled by Congress


Disputes between states Complicated system of arbitration

Federal court system to handle disputes

Sovereignty Sovereignty resides in states

Constitution the supreme law of the land

Passing laws 9/13 needed to approve legislation

50%+1 of both houses plus signature of President