The Weaknesses of the Articles of Confederation

1. Ch.2s.3 Articles of Confederation Show Too late to apologize Pass out highlighters and red pens

2. Articles of Confederation • After Declaring Independence in 1776, the Continental Congress formed a committee to write a plan of government • The Fear of the Unitary System they left behind in GB persuaded the colonists to organize quite the opposite: a Confederation (loose unity because only unified for Independence) • Achievementsof this Confederate system of government that lasted from 1776 to 1788 (12 years) • 1. It was the government that fought & defeated the British during the American Revolution (8yrs)home field advantage • 2. Peace Treaty w/ GB (all lands from Atlantic Ocean to Mississippi R. & Great Lakes to Florida ceded to U.S.)map • 3. Ordinance of 1785 & Northwest Ordinance – providing the principle that territories west of the states were to be developed into new states instead of existing ones.map • 4. Set up departments of Foreign Affairs, War, Marine & Treasury each w/ own secretary setting precedent for Cabinet under Constitution of 1787 (15 today)

4. What had happened under the Articles since the end of the Revolution? • September 3, 1783 - The Treaty of Paris is signed by the United States and Great Britain • Summer of 1786 - Americans suffer from post-war economic depression including a shortage of currency, high taxes, nagging creditors, farm foreclosures and bankruptcies • August 31, 1786 - In Massachusetts, to prevent debtors from being tried & imprisoned, ex-Revolutionary War Captain Daniel Shays, a bankrupt farmer, leads an armed mob(Shay’s Rebellion) to take over courts (govt). Jefferson says: “a little revolution now & then is good.” • September 20, 1786 - In New Hampshire, an armed mob marches on the state assembly • January 26, 1787 - Shays' rebels attack the federal arsenal at Springfield MA. (shays is using DofI to justify revolt) • New England fisherman lost the guaranteed British Caribbean markets. (not making $) • Chesapeake tobacco planters lost their English credit. • Frontiersmen no longer could rely on well-trained Brits to protect them against Indian attacks. Proclamation Line no longer exists! • The war had left the Carolinas in shambles & scores were homeless & penniless with rice planters having to replace their labor force when hundreds of slaves ran away and found refuge in British army camps.(NC so bad off that TN left w/out protection)(State of Franklin)

5. Were the Articles deliberately weak? and if so why? • It looked like the country was dividing up into 2 camps what were they and why? • Who were the majority and who were the minority and is this why we are a Republic and not a Majority Ruled society? • Explain why Daniel Shays, a Revolutionary war hero, would rise up and lead a band of farmers against his new country? What justification did he use? • What were states like NJ &VA doing economically to its neighbors to make $? Why was trade a nightmare? • What did Spain do to Panic TN & KY settlers any why? What did settlers like Wilkinson do to resolve this issue? • Why did the British refuse to evacuate the Ohio Valley after the Paris Peace Treaty? • When states like MD & VA had pitched battles against each other what could the National government do? • How could trouble in the Mediterranean Sea be contributed to the weaknesses of the Articles? • How was Spanish Florida becoming an issue w/ Indians & Slaves? How did the states act toward each other in this situation? • What happened when PA ex-Revolutionary troops marched on Philadelphia to get their back pay for War from the Articles of Confederate Congress? • What was the biggest fundamental flaw with the Articles?

6. Basic Problems w/ Articles • 1. One State/One Vote: Each state regardless of population had one vote in Congress (Georgia 27,000 & Mass 275,000) (how will we fix this?) (MA is 10 times more populated than GA)(why is that a problem?) 2. Supreme Power-Who would have it? National or States – Americans fear of giving the National govt too much power resulted in a govt that lacked sufficient power to deal w/ nation’s problems • 3. National Govt determined how many troops each state should give but had no assurance that states would send that amount. Result: lack of troops during Revolution (GW recognized this) • 4. National Govt had no control over interstate or foreign trade. Result: fights among states & treaties w/ foreign powers too weak for enforcement. • 5. National govt had no power to collect taxes. It had to ask the states for $ & never got enough. Result: national debt $160 million & empty treasury (France & Spain wanted their $ back) (not one state met its obligations) (Congress resorted to selling off Western lands to speculators or issuing bonds that sold less than face value) (Forced to disban military despite serious Spanish & GB threat) • 6. All the states had to agree before any changes could be made in the Articles document. Result: no changes tofix Articles

7. A • 7. No president or leader to enforce laws or courts to interpret laws or judge who broke them. (power left to states) • 8. Each state issued own $ (caused economic instability) • 9. The states acted more like separate nations & often refused to obey laws of the Confederate Congress. (nature of a confederate system) • 10. National Government powerless to end disputes amongst each other.

8. Annapolis Convention: • 1785 G. Washington called a meeting at Mount Vernon where he called reps. from MD & VA to meet about disputes between those states & the meeting was so successful that they called all states to meet the following yr in Annapolis to discuss commerce issues • Although all states were invited, only5states showed • Hamilton of NY, Madison of VA encouraged other delegates to call for another convention in Philadelphia the following yr in 1787. • With the fear of Shay’s Rebellion, all but one state (RI) sent delegates to Philadelphia – Constitutional Convention (the Miracle at Philadelphia) • When those who favored weak central govt realized meeting was happening they demanded the purpose be to fix the Articles. Those who supported stronger national govt had different plan.

9. How would Congress be organized? • 1st Debate = How Congress would be organized? • Madison arrived with a Plan: (why he gets called Father of Constitution) • Virginia Plan (large states=VA, MA, NY, PA & NC) • Legislature would have 2 houses (bicameral) & the # of reps from each state based on population of your state (proportional representation) • Reactions to the Virginia Plan by the small states was anger & resentment & they threatened to walk out • Feared they would be dominated by large states (feel blindsided) Big states: VA, MA, NY, PA Small States: DE, GA, NJ & NH

10. The New Jersey Plan = • Represented the small states: NJ, DE, GA & NH • William Patterson of NJ presented the small states plan (after days of debate) • Wanted to keep the framework of the Articles w/ one state one vote • Congress w/ only 1 house (unicameral) but increased power to tax & trade • Each state given one vote no matter what its population (equal representation)

11. The Great Compromise • Framers divided on this issue – could not reach a decision (neither side was willing to give in) • Special committee of one delegate from each state was asked to solve the problem • Connecticut Plan because Roger Sherman of CT came up with the plan after small states threaten to walk out (weeks of debate) • Two house legislature The Great Compromise • the # of reps in the lower house would be determined by the # of people in each state = proportional representation (& elected by the people) • all revenue ($)bills concerning spending & taxes would begin in the lower house (large state advantage) • An upper house would have two members from each state elected by state legislatures = equal representation (small states protected) • The compromise resolved the small states versus the large state controversy (darkest hour of Convention, but now there is hope)

12. Slavery Related Issues: • The Great Compromise solved one issue but created another ? • Representation based on population for Hof R raised the question of should slaves be counted? • 1/3 (33%) of the population in the south were slaves • Southern states wanted to count the slaves to determine population because ??? • they would get morerepresentatives in the house • The northern states argued against counting the slaves because ??? • the South would get more reps & yet that slave population couldn’t vote(hypocritical?) • Three-Fifths Compromise: • 3/5 or 60% of the state’s slave population would be counted to determine representation in the House • Representatives were to be based on the # of free persons plus 3/5 of the # of all “other” persons (why called “other” persons?) • ExGA = 50,000 slaves count 30,000 + 82,000 whites = 112,000 total population counted for representation & tax purpose

13. Trade Control Problems • Slave Trade Issue: 25 of the Convention's 55 delegates owned slaves • The framers argued that Congress had to have the power to regulate foreign & interstate trade (commerce) (biggest nightmare in Articles) • Problem: South Objected Because: 2 FEARS: • 1. Congress would try to pay for the new govt w/ export taxes - tobacco was major Southern export. • 2. Congress or National Govt would try to ban the slave trade (started 1500s) (its 1787 so 200+ yrs) • Compromise: (didn’t want 25 of 55 delegates walking out) • 1. Agreed to forbid the national govt from passing taxes on exports (still exists today) • 2. allow slave trade to continue for at least 20 yrs (1808 earliest slave trade could be stopped) vote on it in 20yrs • 3. THAN, National govt control trade between the states (interstate) & foreign trade • Result: stop trade wars amongst the states (biggest flaw of Articles )

14. Other Compromise • Strong Independent Executive Leader so to enforce laws (result of Shays Rebellion overshadowed fear of king) • Some thought there should be 3 Executive Leaders one representing each region (“3 headed monster”) radicals talked of importing king – Alexander Hamiliton (letter sent to relative of King George • But how would the executive leader be chosen? • 1. Many thought he should be CHOSEN BY Congress but that conjured up fears of Congress controlling Executive (anti-Montesquiu idea why?) (parliamentary v. Presidential) • 2.Many thought should be CHOSEN BY the people but that was bashed due to fear of an ignorant population (no education at the time) (poor communication era)(shays rebellion put fear of mob rule in framers’ mind) • 3.Many thought the state’s legislatures should choose the President (puppet to state govt) (still confederate) • Compromise: • Electoral College –each state’s legislatures selects electors to choose president. # electors = # representatives & Senators in Congress, and then they cast official vote for president after people vote in their state -majority 270 wins (majority electors wins) (HorR decides if no Majority) (combo of all 3 how?)

16. Other decisions: • A federal court system Judicial Branch created to punish lawbreakers & handle disputes between states (finishing up a 3 Branched government) Montesquieu is • Judges appointed by President & confirmed by Senate (who checking on whom?) • Judges serve for life so to create safeguard against mob rule & Fleeting passions of people (life term prevents their decisions being made for people but on Constitution) • When Framers were done after 15 weeks: (42 delegates left out of 55) • Delegates decided that once 9 of 13 (¾) states agreed to this new Constitution it would become law in those states that ratified it. Why not try to get unanimous vote? ????? (highlight!!) (brilliant)

17. 6 Major Principles of the U.S. Constitution • 1. Popular Sovereignty – rule by the people & consent of the governed. “We the People” • The authority for government flows from the people (1st time this idea put to play since ancient Greeks) • Social Contract theory

18. 2. Federalism – power is divided between the national government & the states Why chose something so complicated? • why? Because weak confederation didn’t seem to work & Unitary system seemed tyrannical) people still afraid of a far away national govt controlling their every decision! • Marijuana, abortions, gun laws all can be different from one state to the next • Regulating Driving is state power: CA drivers under 20 must be w/ someone 25yrs older between 11pm-5am • VA a judge meets w/ driver and parent and gives license to parent w/ power to take it away if they chose. • Abortion easier in Northern States than Southern States - more clinics in north than south • Death Penalty illegal in 23 states & legal in 27 states Green =Federal Blue =Unitary

19. 3. Separation of Powers • The model was first developed in ancient Greece and came into widespread use by the Roman Republic. • the state is divided into branches, each with separate and independent powers and areas of responsibility so that no branch has more power than the other branches. But why go to such lengths to develop such a complicated system????? • The normal division of branches is into an executive, a legislature, and a judiciary.

20. 4. Checks & Balances • Each branch has powers that it can use to check the operations and power of the other branches in limited ways. • each of the three branches of government can limit the powers of the others (Montesquieu) • It is used to keep the government from getting too powerful in one branch. _

21. Executive Branch Checks on the Legislative Branch: • 1. President has the power to veto laws passed by the Congress. Trump had any vetos? • Wanted to veto Russian Sanctions bill but had too many votes – would be overridden. • Obama Vetoes 9/11 bill

22. Most presidential vetoes: Franklin D. Roosevelt (635) why? • Fewest presidential vetoes: John Adams, Thomas Jefferson, John Quincy Adams, William Henry Harrison, Zachary Taylor, Millard Fillmore, James A. Garfield (0) ? 12 1 **####*

23. 2. President Proposes laws to Congress. ex. Obama care • & Can call a special session of Congress (in crisis)(Wilson & FDR?) • 3. Submits the Federal Budget to the House of Representatives. (congress controls purse strings but president prepares budget)

24. Executive Branch Checks on the Judicial Branch • 1. Nominates judges to the Supreme Court • Trump picks Gorsuch & Kavanaugh (pro-life) • Nominates all judges to the federal court system (874 federal judges) (94 U.S. District & 12 Court of Appeals all over the U.S)

25. President has the power to pardon individuals convicted of crimes or can grant amnesty, forgiving a group of crime (trump pardon?) – • Carter pardoned all dodge drafters after Vietnam -stalone, • Cleveland pardoned Mormons for polygamy when Utah became a state • Johnson gave amnesty to all who participated in Civil War even Robert E. Lee. (most pardons as a result) • Mudd, Spangler, and Arnold(involved in plot to kill Lincoln) received pardon by Johnson • Most controversial pardons was Ford pardoned Nixon!! Stopped here thur • 212 Obama pardons & 1,715 commutations why?

26. Legislative Branch Checks on the Executive Branch • 1. Congress can OVERRIDE a Presidential veto with a 2/3 (290 in HofR & 67 in Senate) vote of both houses (111 times of 1,574 vetos) OVERRIDE (14%) • Obama’s 1 override was? • 9/11 bill • Most veto overrides by congress: Andrew Johnson (15) why?

27. 2. Senate can reject TREATIES (2/3 vote to approve) when has this happened? • In 1918 Congress refused to ratify the Treaty of Versailles why? • To get around rejection of treaties, presidents are making executive agreements not treaties that only exist while that president is in power (Paris Climate Deal)(IRAN Nuclear Arms Deal)

28. 3. Senate can reject presidential nominations of (cabinet) & judges (ex. If trump picked sister to be judge) • Out Of 500+ cabinet confirmed, 9 rejected 12 withdrew names before rejections. (VETTING!!!)

29. 4. Congress can IMPEACH and remove the President (House serves as prosecution, Senate serves as jury) • show “how to impeach a President” 6:50 video (House brings charges up & Senate holds Trial) • when has this happened? How many times? • Andrew Johnson -AFTER Civil War, Congress of Yankees wanted to punish South & Johnson wanted to be lenient. Passed a law they knew he would break & impeached him. • Bill Clinton- lying under oath about affair with intern. (see Clinton painting?) • both found NOT guilty & stayed

30. 2. Senate can REJECT NOMINEES to the federal courts/Supreme Court Merrick Garland/Neil Gorsuch

31. Legislative Branch Checks on the Judicial Branch • 1. Congress can create lower courts(FRAMERS ONLY CREATED SUPREME AND CONGRESS CREATED COURT OF APPEALS & DISTRICT COURT) (DETERMINES # OF JUDGES)

32. 4. Congress can IMPEACH JUDGES and remove from the bench 15 times in history for mental illness, taking bribes, waging war on the U.S., intoxication on bench, improper relationships, tax evasion, sexual assault & perjury. TN –West Humphrey 1862 secessionist who stayed a judge trying to aid the rebellion ($ to Rebels, Conspiring w/ J.Davis,) John Pickering-1st to be impeached for mental instability & intoxication: apt by GW impeached during TJ 1804

33. Judicial Branch Checks on the Executive Branch • 1. Supreme Court can use the power of judicial review to rule presidential activities or actions unconstitutional • Supreme Court ordered Nixon to hand over tapes in Watergate • Trump’s “Muslim Ban” ruled on • 2. Supreme Court Chief Justice sits as REFERRE IN IMPEACHMENT Trials of the President (Justice Rehnquist sat in as judge during Clinton impeachment trial)

34. Judicial Branch Checks on the Legislative Branch • 1. Supreme Court can use the power of Judicial review to RULE LAWSUNCONSTITUTIONAL • Examples • Brown v. Board of Education (segregation v. integration) (segregation made legal by states now illegal) • Roe v. Wade (Abortions outlawed by states made legal) • Griswold v. CT (birth control made illegal by states now legal) • Gay Marriage bans in states ruled unconstitutional

35. Complete group work

36. 6. Limited Government • The Constitution limits the actions of government by specifically listing powers it does and does not have. • all authority figures, must obey laws. • Constitution defines the limits of those in power so they cannot take advantage. • GOVT CAN’T DO WHAT IT WANTS, WHEN IT WANTS!!!!

37. Give one way the Executive Branch checks up on the Legislative Branch in their law making capacity: • Give one way the Legislative Branch can check the Executive Branch back in the law making process: • Give one way the Legislative Branch Checks up on both the Executive and Judicial Branch? (their biggest tool) • With the Impeachment Process how does it work? • How many times has the impeachment process been used on presidents and judges? • How does the Executive Branch check up on the Judicial Branch? (nixon) • How does the Legislative Branch check up on the Executive Branch’s power to appoint Supreme Court judges? • How does the Legislative Branch check up on the Executive’s Branch’s power in Foreign Policy? • How does the Judicial Branch check up on both the Executive & Judicial Branch’s power?

38. 1. Give any one of three ways the Executive (president) checks on the Legislative (Congress)? • 2. Who is the president whom has the most vetoes and why? • 3. What is one example of Obama’s vetoes? • 4. What is one example of a historic veto? • 5. Give one of any two ways the Executive (president) checks on the Judicial Branch (courts): • 6. How many Federal Judges are there? • 7. What is one way Trump just checked on the Supreme Court? • 8. Give one famous pardon throughout history: • What is the difference between Pardon, Commutation and amnesty? • 9. What are two of the three ways legislative checks on executive: • 10. What is the success rate of overrides? • 11. What was Obama’s only override? • 12. Why is the Iran deal unable to be ratified by the U.S. Senate v. the Versailles treaty ending WWI that was rejected by the Senate? • 13. What is one thing Hunter was legally bound to do yesterday but no females have to do yet?

39. Explain the Legislative check of IMPEACHMENT on the President – where does it begin and end? • Name the 3 Presidents who have faced the IMPEACHMENT proceedings & the outcome of each: • Why is it said only 2 presidents have been impeached and not 3? • If a president is IMPEACHED can he stay in office? Why or why not • What check does the Legislative Branch have over the # & size of the Judicial? • How can Congress begin to undue a Supreme Court decision? Hint Dred Scot Case why do I underline begin? (hint: states role) • What is the Final way Congress can check the Judicial Branch & how many times has this occurred in our history?

40. Who is checking on whom with VETO? • Trump nominated Neil Gorsuch to replace Antonia Scalia. Who is checking whom? • Trump pardoned Joe Arpeio who was found guilty of Civil Rights violations. Who is checking whom? • Trump submitted budget to Congress with $1.5 trillion deficit a year • Obama introduced health care bill to Congress that got nicknamed Obama Care. Who is checking whom? Affordable Health Care Act. • Carter gave amnesty to all Vietnam War draft dodgers? • Obama commuted thousands of prisoners sentences to help elevate the over prison population?

44. Federalist #10 v. Brutus #1 (anti-federalists) • https://billofrightsinstitute.org/founding-documents/primary-source-documents/the-federalist-papers/federalist-papers-no-10/ • https://docs-of-freedom.s3.amazonaws.com/uploads/document/attachment/440/Brutus_No_1_Excerpts_Annotated_Proof_3__1_.pdf • https://www.khanacademy.org/humanities/us-government-and-civics/us-gov-foundations/us-gov-government-power-and-individual-rights/v/anti-federalists-and-brutus-i

45. Limited government in the Constitution: The Articles of Confederation had several weaknesses that made governing difficult. These weaknesses caused delegates to meet in Philadelphia to discuss replacing the Articles of Confederation with a Constitution that created a stronger central government. Anti-Federalists, or people who were against ratifying the Constitution, feared that a strong central government would lead to tyranny and not reflect people’s needs. • The debate between Federalists and Anti-Federalists led to several compromises that created a blueprint for a limited government, in which the Constitution limits the power of the federal government. • Who has the power: states or the federal government?Federalist No. 10 and Brutus No. 1 show how Federalists and Anti-Federalists had different opinions on how strong the federal government should be. • In Federalist No. 10, Madison argued that a large republic could control the “mischiefs of faction” and evenly distribute power between the federal government and the states. • The author of Brutus No. 1 disagreed, arguing that a powerful, centralized government was too far removed from individual citizens to meet their needs. • This debate about the proper role and strength of the federal government still exists today, as seen in issues like the role of the federal government in public school education. • Review questions • How does the Constitution create a limited government? • What are the advantages of a large central government, as described in Federalist No. 10? • What are the disadvantages of a large central government, as explained in Brutus No. 1?

46. Put #s on your map YEAR & 1/2 ALMOST 2 YRS

47. Ratifying the Constitution • The Proposed Constitution was printed circulated & debated vigorously • To support Constitution Madison, Hamilton & John Jay wrote a series of articles known as the Federalist Papers (85 Essays) printed in newspapers all across the country – signed “Publius” • Supreme Court still use Federalist Papers today because it shows the intent of the Framers. • Debate: very bitter disturbances broke out in NY & PA involving bloodshed!!! • Two groups emerged in each of the states: Federalists – favored constitution • Anti-Federalists - opposed constitution (Patrick Henry, John Hancock, Samuel Adams) (lost state powers!)

48. The Fight for Ratification • Although the Constitution went into effect when the 9th state, New Hampshire ratified it, VA & NY had not voted for approval. • GW, Madison & Edmond Randolph helped swing the close vote in Virginia • Alexander Hamilton argued for 6 weeks & finally NY ratified the Constitution by only 3 votes • To help win the battle in NY, Hamilton, Madison & John Jay published more than 80 Essays defending the Constitution = The Federalist Papers • Biggest worry was VA & NY not ratifying because w/out those powerful states any new govt was doomed to fail

49. Anti-Federalists • Can’t be dismissed as unpatriotic extremists • Their view derived from Montesquieu: liberty was safe only in hands of small societies governed by direct democracy or large legislatures with small districts. • The Federalist view as more unpopular at the time • But bitter experiences with the Articles of Confederation persuaded ratifying conventions.

50. Charles Beard: “An economists view of the Constitution of the United States • Central Thesis: Constitution created by wealthy planters who desired stronger government able to protect their property rights • Constitution was imposed by undemocratic methods to prevent majorities from exercising real power. • Points out how the word democracy was distasteful to the founders. • Democracy was a term used by conservatives to smear their opponents. • Any examples today?