Articles of Confederation

1. Articles of Confederation

2. 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”

3. 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

4. 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

5. 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 Articles of Confederation vs. the Constitution

6. 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

7. 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

8. HW: Socratic Seminar prep • See web page • Due 8/28 A day & 8/29 B day: read pp. 90 – 112 and take notes.

9. Necessary & Proper Clause • Article I, Section 8, Clause 18 • Basis for the implied powers given to Congress • Must be tied to an expressed power • Known as the Elastic Clause • “To make all laws which shall be necessary and proper for carrying into execution the foregoing powers…”

10. Supremacy Clause • Article VI, Section 2 • The Constitution and treaties of the United States are “the supreme law of the land” • U.S. Constitution • Acts of Congress & Treaties • State Constitutions • State Statutes (laws) • City & County Charters & Ordinances (laws) • U.S. Supreme Court = highest court

11. Full Faith & Credit Clause Article IV: Provision for reciprocity among states and among citizens of all states: • Each state had to give “full faith and credit” to the official acts of all other states. Privileges & Immunities Clause • Citizens of any state were guaranteed the “privileges and immunities” of every other state, as though they were citizens of that state

12. Commerce Clause Which one of the steamboats is correct? • The Congress shall have power . . . To regulate commerce with foreign nations, and among the several states, and with the Indian tribes; • Gibbons v Ogden • Can a state regulate interstate?

13. Connecticut Compromise • Compromise between New Jersey and Virginia Plans • Bicameral Congress – two chambers • House of Representatives – states are represented according to the size of their population • Senate – equal representation – each state receives two seats

14. Three-Fifths Compromise • In Slave-owning states • Every five slaves would be counted as three people for the purposes of counting population size for representation in the U.S. House of Representatives and for purposes of taxation

15. 1st Freedom of Religion, Speech, Press, Assembly, Petition 2nd Right to Keep and Bear Arms 3rd Quartering of Soldiers 4th Security from Unwarrantable Search & Seizure 5th Rights of Accused Persons in Criminal Proceedings 6th Right to Speedy Trial, Witnesses, Trial by Jury in Criminal Cases 7th Trial by Jury in Civil Cases 8th Ban Excessive Bail, Fines, and Cruel & Unusual Punishment 9th Unenumerated Rights of the People 10th Reserved State Powers Bill of Rights