Unit 3: Constructing the American Government RUSH Mrs. Baker

1. RUSH Guide to the United States Constitution Unit 3: Constructing the American Government RUSH Mrs. Baker

2. The Articles of Confederation A First attempt at governing the newly formed nation

3. States Before Country • Before the revolution, the colony = primary political unit. • Peoples allegiance tied to colonies • As colonies became states during revolution… • People remained hesitant to unite under a strong central government Why were colonists afraid of A centralized government?

4. Creating State Constitutions • Republics • Most had strong governors with veto power. • Most had bicameral legislatures. • Property required for voting. • Most had bills of rights. • Many had a continuation of state-established religions while others disestablished religion.

5. The Articles of Confederation An UNCENTRALIZED National Government

6. Building the Articles of Confederation • Proposed by the Second Continental Congress in 1777 • Ratified by all 13 states in 1781 • Created a Confederation • Alliance of independent states where the states choose how much power to grant the central government • Maintain greatest power in the states • Colonists fear of a strong central government • Desire of the individual states to protect their powers.

7. Strengths of Articles • Successful conclusion of the American Revolution • Unicameral Congress had power to: • Make treaties • Declare war • Send diplomatic representatives • Borrow money • Successfully constructed plans to handle the issues based on land • Land Ordinance of 1785 • Northwest Ordinance of 1787

8. Land Ordinance of 1785 • Congress established a policy for surveying and selling the western lands. • Included section of land for public education.

10. Northwest Ordinance, 1787 • Policy which created a set of rules used for the creation of states in territory lying between the Great Lakes and the Ohio River. • Established rules for governing the new territory • Granted limited self-government to the developing territory • Prohibited slavery in the region.

12. Weaknesses of Articles of Confederation Why did the Articles of Confederation FAIL????

13. States The greatest amount of power No Executive No national courts Congress is unicameral

14. Congress is responsible to the states Congress could not raise army Congress could not tax Each state coined its own money

15. 9 out of 13 states had to approve law Unanimous vote to amend Articles Congress could not regulate trade

16. Problems with the Articles • Massachusetts • High taxes were enforced by individual states to pay back loans from the American Revolution. • Had to be paid in gold and silver • Opposition grew from farmers in western part of state. • Western farmers refused to pay state taxes. • Had no gold or silver. Shays’ Rebellion

17. Shays’ Rebellion • Daniel Shays (1786 – 1787: armed uprising in western Massachusetts by small farmers • Rebellion is localized at beginning but quickly spreads throughout state. • State militia did not respond to the uprising for over a year. • No national army to end the rebellion either!!! • Harassed and forced tax collectors out. • Protest new taxes.

18. How the weaknesses of the Articles of Confederation were corrected by the Constitution Articles of Confederation US Constitution States have most power Congress lacked power to enforce laws No executive office No national courts Laws must be approved by 9 of 13 states Congress had no power to tax Congress cannot regulate trade among states Each state coins its own money All 13 states must agree to an amendment Federal system: Power to govern is divided between national and state governments The Constitution and acts of Congress take supremacy. President = executive branch Both state and federal courts exist Congress is responsible to the people Laws require a majority vote by both houses Congress has power to raise and collect taxes Congress has sole control over interstate and foreign trade Only national government has power to coin money Amendment process involves both federal and state governments

19. The Constitutional Convention

20. The Purpose of the Convention What was the original purpose of the Convention? What did they replace the Articles of Confederation with? Who was present at the Convention? What were major changes established by the Founding Fathers?

21. Key Conflicts of the Convention

22. Issue: Representation Opposing Views Great Compromise Large State: “We favor the Virginia Plan, in which representation in Congress is based on population. States with more people should have more representatives in Congress.” Small States:”We support the New Jersey Plan. All states should have the same number of representatives in Congress.” • Issue: • Equal or proportionate representation in Congress • Solution: • Bicameral legislature • Senate = equal representation • House of Representatives = proportionate to population

23. Issue: Slave Population Opposing Views Three-Fifths Compromise Southern States: “When a “census” – a count of the people – is taken to determine how many representatives each state gets in Congress, slaves should be included in the total.” Northern States: “Slaves should not be counted because they are not citizens and have no political rights. • Issue: • Counting enslaved people within population to determine representation • Solution: • Enslaved people were counted as three-fifths of one person, both for representation and taxation • 1 Slave = 3/5 of a person

24. Issue: Commerce Opposing Views Commerce Compromise Agricultural States: “Congress should not be able to tax imports or exports. If imports are taxed, we will have to pay higher prices for foreign goods. If exports are taxed, it will be harder for us to sell our products to foreign countries.” Manufacturing States: “Congress should tax imports so that foreign goods won’t be cheaper than American-made manufactured products.” • Issue: • Granting Congress the power to regulate foreign and interstate trade • Solution: • Congress was forbidden to tax a State’s exports • Responsible for regulating interstate and foreign trade

25. Issue: Electing the President Opposing Views Election Compromise Aristocrats: “The less-informed common man cannot be trusted to choose capable leaders. Voters should elect a small number of well-educated leading citizens to be “electors,” who will then choose the President and members of Congress.” Democrats: “We oppose a rich man’s government. The President and members of Congress should all be directly elected by the voters.” • Issue: • Length of President’s terms of office and method of election • Solution: • President will serve a 4-year term • President will be indirectly elected by Electoral College

26. Ratification of the Constitution VS. Federalists Antifederalists

27. Understanding Ratification • What does ratification mean? • Procedure to Ratify:  1. 2. 3. 4.

28. Federalist Perspective • What did the Federalists desire? • How did they argue in support of the Constitution? • Who were influential leaders? •  Identify the essays which were written to defend their belief.

29. Antifederalist Perspective • What did the Antifederalists believe? • What were their reasons for this belief? •  Who were influential leaders? • What document finally led to the ratification of the Constitution? What did the document provide?

30. Summary of Opposing Sides Federalists Antifederalists Wanted a strong national government to provide order and protect the 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.

31. The Constitution

32. Purposes of the Constitution Establish legitimacy Create appropriate structures Describe and distribute powers Limit government powers Allow for change

33. School House Rock What is the significance of the PREAMBLE in terms of the Constitution?

34. The Three Branches of Government What are the Three Branches of Government?

36. Article I Legislative Branch Make the Laws

37. Special Powers of the House and Senate

38. Expressed Powers of Legislative BranchDirectly Written in the Constitution Peace Powers War Powers Lay taxes Borrow money Regulate foreign and interstate commerce Coin money Establish post offices Create courts inferior to Supreme Court Declare war Raise and support armies Provide and maintain navy Make laws governing land and naval forces

39. Flexibility in the Constitution • “The Constitution was not made to fit us like a straightjacket. In its elasticity lies its chief greatness.” • ~ President Woodrow Wilson What does President Wilson by this quotation?

40. Implied Powers Elastic Clause To make all laws NECESSARY and PROPER for carrying into execution the foregoing powers • To define and provide punishment for federal crimes • Establish the Federal Reserve System • Improve rivers, canals, harbors, and other waterways • Fix minimum wages, maximum hours of work

41. How Does a Bill Become a Law

43. Article II Executive Branch Enforces Laws President & Vice President • Veto laws • Appoints high officials • Conducts foreign policy • Enforces law and treaties • Commander in chief of the military • Recommends bills to Congress • Reports the state of the Union to Congress

44. Debating the Electoral College System Reasons to Change the System Reasons to Keep the System • “Winner-take-all” system” • Winning candidate gets all the electoral votes in a state, no matter how close the popular vote is. • Generally, electors are not required by law to vote for the candidate who wins in their state. • Very difficult to amend Constitution • Small states would lose the advantage they now have of being over-represented in the electoral college • Changes might threaten the two-party system. • Prevents many smaller parties from popping up.

45. Presidential Roles and P0wers Chief Executive Chief Diplomat • Enforce and put laws into effect • Act as administrator of the huge federal bureaucracy • Issue executive orders that have the effect of laws • Appoint judges, diplomats and other high government officials • Some with Senate approval and others without • Remove appointed government officials within the executive branch Make treaties Make executive agreements with nations without Senate approval Extend and withdraw diplomatic recognition to a nation

46. Presidential Roles and Powers Commander in Chief Chief Legislator • President has broad military powersthat are shared with Congress. • Times of war, powers even stronger Recommend legislation to Congress Veto potential laws.

47. Presidential Roles and Powers Chief of State Judicial Powers Ceremonial head of government Symbol of all people of the nation Grant reprieves, pardons, and amnesties Pardons granted to groups rather than individuals

48. Presidential Roles and Powers Head of Party Leader of Political party in power

49. Article III • The Supreme Court • Major responsibility is to determine the constitutionality of law. • Judicial Review • Constitution identifies the jurisdiction of the federal courts and the state courts. • Determined by: • Subject matter • Parties involved Judicial Branch Interpret the Laws

50. Powers of the Judicial Branch Settle legal disputes between states Settle federal and state disputes Settle disputes between states and foreign countries Hears cases with foreign ambassadors of foreign governments Settles disputes between individuals and federal government