Unit 2: The Constitution of the U.S. (1781 – 1791)

1. Unit 2: The Constitution of the U.S. (1781 – 1791) Our Democratic Foundations and Constitutional Principles

2. Articles of Confederation • 1781-1789 - first true U.S. government • Weak national government / strong state governments – opposite of England’s • No Presidentto enforce laws – feared he might become a king • One-house Congresswith little power • No way to tax, support a national military, print money, or enforce its laws • Not a “union”, but a “firm league of friendship” between the states

3. Dissatisfaction with the Confederation • Each state government had own laws, currency – little cooperation • Gov’t couldn’t pay pensions to soldiers as promised • Shays’ Rebellion– western Massachusetts, 1786-87 – debt-ridden farmers rebelled when state took farms & imprisoned debtors • Crisis convinced many Americans a better system was needed

4. Conflict 1: Large States vs. Small States • Virginia Plan • Wanted representation in national legislature based upon a state’s population (proportional) (favored more populous states) • New Jersey Plan • Wanted each state to have equal votes in the legislature (i.e. like the unicameral Continental & A.O.C. Congress) • Wanted a multi-person executive branch to enforce the laws

5. Solution: The Great Compromise • The Great (Connecticut) Compromise • Gave us our present national legislature - 2 house (bicameral) legislature • One house based upon population (House of Representatives) • A second house based upon equal votes per state (the United States Senate)

6. Conflict 2: North vs. South • Southern states supported slavery • Wanted slaves to count for representation, but not for taxation • Northern states opposed slavery for moral reasons • wanted slaves to count for taxation, not representation

7. Solution: Three-fifths Compromise • Slaves would be counted as 3/5 of a person; states with large numbers of slaves gained more representatives in the U.S. House of Representatives • 3/5 of slaves would also be taxed by national government • Allowing slavery to legally exist would be the main cause of the U.S. Civil War less than 80 years later!

8. Conflict 3: Federalists vs. Anti-Federalists • Constitution had to be ratified (approved) by 9 of the 13 states • Federaliststhought central government should be strong – James Madison, Alexander Hamilton, John Jay – The Federalist Papers • Anti-Federalistsfeared power of central government; took too much power from the states – Patrick Henry, Samuel Adams, Thomas Jefferson

9. Compromise: The Bill of Rights • Proposed in 1789 to settle debate between Federalists and anti-Federalists • Approved by states in 1791 • First 10 Amendments to the Constitution • Listed citizens’ basic rights in the new government

10. U.S. Constitution • 1789-present • Replaced Articles of Confederation • “Written” by James Madison “The Father of our Constitution” • Three branches of government: • Legislative – Makes law (Congress) • Executive – Enforces law (President) • Judicial – Interprets law (Courts)

11. What Did It Look Like??? • Preamble– States Purpose of the Document • Article I– The Legislative Branch (Senate and House of Representatives – Qualifications and Powers of) • Article II– The Executive Branch (President and Vice President, Qualifications, Powers, Duties, Impeachment of) • Article III–The Judicial Branch (Supreme Court and Lower Courts, Jurisdiction, and Treason Defined) • Article IV–Relations Among States (Full Faith and Credit, NewStates Admitted • Article V- The Amendment Process (Changing the Constitution) • Article VI–National Debts, Supremacy Clause, Oaths of Office • Article VII- Process for Ratification (How it was adopted) • Bill of Rights – The first 10 Amendments guaranteeing the rights of citizens

12. Founding Principles of Our Constitution • Popular Sovereignty – Power is derived from the people (voting) • Limited Government– The only powers the government has is what the Constitution (the people) gives it. No one person or branch is all-powerful. • Federalism – The federal, state, and local governments all share the power to govern. The federal government is supreme! • Separation of Powers– Three branches of government: Legislative (Makes Laws), Executive(Enforces Laws), and Judicial(Interprets Laws) • Checks and Balances– Each branch can limit the power of or check the other two (Veto Power, Power of Appointment (Cabinet Positions, Justices, etc.), Impeachment, Judicial Review, Pardon Power, etc.) • Republican Government– Citizens elect representatives (legislators) to make laws for them. • Individual Rights– The Constitution and Bill of Rights protect citizens’ basic or Natural Rights(Life, Liberty, and Property). • Amendment Process– The Constitution can be changed if necessary. To date this has only happened 27 times. The last Amendment was ratified in 1992.

13. Foundations of Democracy • U.S. has a democratic republic– people have the power to rule and elect representatives to serve in government • Based on ideas from Greeks and Romans, British political system, and philosophers from the Enlightenment

14. A Federal System • National gov’t= Washington, D.C. • State gov’ts= state capitals • Local gov’ts= county courthouse or city hall • Adoption of the Constitution made the U.S. into a federal system – government powers shared between national and state & local governments

15. How’s that Different from Before? • England (and most of Europe) had a unitary system – all power flowed from central government • Previous U.S. government was a confederation system – power held in states, with some power given to federal government

16. A “Living Document” • Constitution can change through amendments(changes or additions) as culture and country change • Slavery, voting rights, civil rights were some of the major changes since 1791 • Only 27 Amendments(10 + 17) – requires 2/3 of both houses of Congress or of the state legislatures to propose and ¾ of all state legislatures to approve • Courts can interpret Constitutionand expand or decrease certain powers and rights over time