WILSON (10 TH EDITION), CHAPTER 2 D127 The Constitution

It’s too late to compromise…

Articles of Confederation In effect from 1781 to (1788ish)1789 Each state retained its sovereignty and independence Each state had one vote in Congress  9 of 13 votes were required to pass any law  Delegates were not elected, appointed by state legislatures

More about Articles of Confederation Congress could make peace Congress could coin money Congress could appoint the key army officers  But army was dependent on support of state militias Congress could organize the Post Office Pennsylvania and Virginia went to war Vermont threatened to succeed to Cananda

Major Article Failures No power to tax – Congress had to request funds from states No power to regulate commerce. Making it very difficult to create a national economy. No national judicial system to settle claims disputes between states (Did have) the power to maintain an army and navy, yet lacked the resources to do it 13 votes required to amend the Articles. This essentially gave every state the veto power.

Shays Rebellion 1786 – band of farmers in Massachusetts Protested their loss of land to creditors A series of attacks on courthouses to keep judges from foreclosing on farms Neither national army or Massachusetts could raise a militia to put down the rebellion Eventually, a privately funded force was organized The rebellion showed the weakness of the Articles and convinced us to that a bold solution was needed. ** Key Turning Point that Articles Would Not Work

Big States or Little States… Representation New Jersey Plan – Equal Representation Virginia Plan – Representation based on Population Great Compromise – Connecticut Compromise  Creates a Bicameral (2 House) legislature  Senate – Equal (2 per state, today = 100)  House – Population (today=435)

Ratification Required 9 of 13 states  Technically illegal under the Articles Bill of Rights (Amendments 1 thru 10) ratified in 1791

Who were the founders? Variety of middle/upper class occupations Most founders were less wealthy than the loyalists – most were in descent financial shape, but not rich Charles Beard – theorist that believes the framers were motivated by economics/money – not widely supported today, but you should be familiar with him

James Madison the Architect Separation of Powers – each branch is given independent powers  Judicial – interpret the law  Legislative – make the law  Executive – enforce the law Checks and Balances – ensures that no branch abuses or gets too much power  See next slide for examples Limits on the Majority  Fear in democracy, thus the House was only position elected by the people  Senate by state legislatures (until 17 th Amendment), President by Electoral College, Judges by president (confirmed by Senate) Federalism  Political authority is divided between national and states (10 th Amendment)

Government Powers Enumerated Powers - national  Print money, declare war, make treaties, conduct foreign affairs, regulate commerce among states and foreign nations Reserved Powers - states  Issue licenses, regulate economy w/in state, education, police, voting rules/practice (age is set by 26 th Amendment) Concurrent Powers - shared  Collecting taxes, building roads, borrowing money, and court systems ** National Government would be supreme and sovereign, but certain authorities would be delegated and shared with states

Amendment Process Article V of the Constitution 2/ ¾

Reviewing Ratification 2/3 Proposal ¾ Ratification Proposal Methods 1) 2/3 vote of both houses of Congress 2) 2/3 of state legislatures request a national convention Ratification 1) ¾ of state legislatures 2) Special state conventions in ¾ of states ** Nearly all additional amendments focus on equity or voting Informal Changes: Judicial Review – Marbury v. Madison

The Checks and Balances Congress Can Check the Presidency in these ways: By refusing to pass a bill the presidents want By passing a law over the president’s veto By using the impeachment powers to remove the president from office By refusing to approve a presidential appointment (Senate only) By refusing to ratify a treaty the president has signed (Senate only)

Checks and Balances Congress Can check the federal courts: By changing the number and jurisdiction of the lower courts By using the impeachment powers to remove a judge from office By refusing to approve a person nominated to be a judge (Senate only)

Checks and Balances The President: Can check Congress by vetoing a bill it has passed Can check the federal courts by nominating judges The Courts: Can check Congress by declaring a law unconstitutional Can check the president by declaring actions by him or his subordinates to be unconstitutional or not authorized by law

Useful Terms Demagogue - is a strategy for gaining political power by appealing to the prejudices, emotions, fears and expectations of the public—typically via impassioned rhetoric and propaganda, and often using nationalist, populist or religious themes Popular Sovereignty – power in the people All Unit 1 Vocabulary

Questions? Test layout – 30 to 40 Multiple Choice  5 Choices per question