Constitution Chapter 2

Articles of Confederation Weaknesses Could not collect taxes Could not regulate trade between states or foreign nations State courts settled legal issues No executive branch couldn’t enforce laws Each state had equal representation no matter the size Unanimous vote to amend article 9/13 to pass a law Accomplishments Won the war Did create solid policies on western land management Framework for what not to do in new gov’t.

Articles of Confederation Why it failed: 1.Lack of Leadership 2.Lack of power to regulate trade/ settle disputes 3.Lack of money

Shay’s Rebellion Farmers in western Massachusetts rebelled against property foreclosures They were in debt and unable to pay taxes Forced judges out of court and freed debtors from jails Encouraged leaders to seek a stronger federal government

Making a Constitution: The Philadelphia Convention Gentlemen in Philadelphia 55 men from 12 of the 13 states Mostly wealthy planters & merchants Most were college graduates with some political experience Many were coastal residents from the larger cities, not the rural areas

Representation

The Virginia Plan Called for a strong central government Work by Federalists, such as Madison and Hamilton Plan proposed by James Randolph It called for a bicameral legislature Representation in both houses was to be based on population Larger states would have the majority Also called for a national executive and a national judiciary

The New Jersey Plan Proposed by delegates from the smaller states Presented by William Paterson Legislature would be unicameral (having only one house) Each state would have the same number of votes – equal representation

The Great Compromise Also known as the “Connecticut Compromise” Called for a bicameral legislature Senate – would have votes based on equal representation (NJ Plan) Representatives would be chosen by state legislatures House of Representatives – votes based on population (VA Plan) Directly elected by the people Voter eligibility determined by the states

Federalists Leaders: Hamilton Jay Madison Franklin Washington

Federalists Stronger national government Established a republic in which power would be divided among 3 levels of government. Said the constitution would benefit the growing middle class of tradesmen as well as the wealthy plantation owners. Promised to add a Bill of Rights to guarantee individual liberties. Published a series of articles called the Federalist Papers to defend the Constitution and to get New York to ratify it. Considered by some as a “living document” because it can be amended as the United States grows and changes.

Anti-Federalists Leaders: P. Henry George Mason Samuel Adams Richard Henry Lee

Anti-Federalists Feared that the Constitution favored an elite minority. Believed that the Constitution failed to protect too many individual freedoms. Believed that a strong central government would limit the power of the states. Published scathing articles and political cartoons denouncing the Constitution as a tool of the aristocracy.

Bill of Rights 1 st Amendment- Freedom of religion, speech, press, petition and assembly 2 nd Amendment- Right to bear arms 3 rd Amendment- No Quartering of troops 4 th Amendment- Freedom from unreasonable searches and seizures; search 5 th Amendment- Rights guaranteed to the accused 6 th Amendment- Public/ Speedy trial, lawyer, confront witnesses, know charges 7 th Amendment- Right to trial by jury in civil law suits 8 th Amendment- Protection from cruel and unusual punishment; bail 9 th Amendment- Rights not listed in the Constitution retained by the people 10 th Amendment- Powers reserved to the states and the people

Ratification Many states were alarmed the new constitution did not include a Bill of Rights. To operate under the Constitution, 9 out of 13 state conventions needed to ratify the document. Federalists wanted all 13 states. Federalists promised to add a Bill of Rights as soon as the Constitution was ratified. Congress proposed 12 amendments. 10 of them passed quickly and were called the Bill of Rights.

Constitution and Slavery 3/5 Compromise: Slaves are counted as 3/5 of a “Free Person” for taxation and representation Congress can limit “future importing” of slaves; outlawed in 1808 Persons legally “held to service or labour” who escaped to free states had to be returned to their owners.

Separation of Powers Legislative Branch Congress= House of Representatives and Senate Article= I Job: Make/Create the laws Executive Branch President; Vice President; Cabinet Article= II Job: Enforce/Carry out the laws Judicial Branch Supreme Court and other created Federal Courts Article=III Job: Interpret/ Apply the law

Amending the Constitution The Founders designed the amendment process to be difficult, preventing Congress from easily adding so many amendments They wanted the original document to be meaningful

FORMAL PROCESS

INFORMAL PROCESS Judicial Interpretation Marbury v. Madison (1803): judicial review Changing Political Practice Technology Increasing Demands on Policymakers