The Articles of Confederation Created by Continental Congress in 1777 Approved by the 13 states in 1781 Failed by 1787 Replaced by the Constitution in 1789

Structure of the Government Unicameral legislature (one house) Each state decides for itself how many delegates to send to Congress but each state only gets one vote. No executive or judicial branches – state governments are responsible for judging and enforcing Federal laws.

Structure of Government (2) To pass a law it takes 9/13 votes. To amend the Articles of Confederation it takes 13/13 votes. Congress cannot tax the people directly. Instead it sets a budget that is voted on by Congress and if approved states are supposed to tax the people to provide for the budgeted amount.

Structure of the government (3) Congress can print money but so can each state. Congress can negotiate with foreign countries but so can each state. Congress cannot regulate foreign or domestic trade.

The Articles of Confederation What would have to happen in order for this government to work? Successes – Was the national government during the war of Independence Resolved the Land disputes Land Ordinance of 1785 Northwest Ordinance of 1787

The four major weaknesses Congress had no power to directly tax the people. What problems resulted from this?

The four major weaknesses Congress lacked the power to regulate trade or create a national currency. States could pass taxes on trade within the country and Congress could do nothing to stop it. What problems would this cause for the economy?

The four major weaknesses Congress had no power to make the States obey the Articles of Confederation What problems would occur because of this? If a state didn’t vote for a law would it be enforced in that state?

The four major weaknesses Amendments required ratification by all 13 state legislatures Would it be likely that the Articles could be improved by amendment?

Who really had the power in this system? State governments maintained there own sovereignty – they could choose whether or not to obey laws passed by Congress. They could choose whether or not to tax their citizens to provide money for the National government.

The Solution

The Solution The Constitution OF THE U. S. A.

The Problems Congress had no power to tax Congress lacked the power to regulate trade Congress had no power to make the States obey the Articles of Confederation Amendments required ratification by all 13 state legislatures

The Solution Congress had no power to tax Art. I Sec. 8 clause 1 The problem Art. I Sec. 8 clause 1 Congress had no power to tax In this clause, congress is given the power to order the payment of taxes and to provide for the collection of various kinds of taxes in order to finance the operations of the government. It also states that all federal taxes must be the same rate throughout the country.

The Solution Congress lacked the power to regulate trade The Problem Art. I Sec. 8 clause 3 Congress lacked the power to regulate trade This clause, known as the Commerce Clause, gives congress the power to regulate both foreign trade and interstate trade.

The Solution The problem Art. VI Sec. 2 Congress had no power to make the States obey the Articles of Confederation This section sets out the Supremacy Clause, a specific declaration of the supremacy of federal law over any and all forms of State law. No State, including its local governments, may make or enforce any law that conflicts with any provision in the Constitution, an act of Congress, a treaty, or an order, rule, or regulation properly issued by the President or his subordinates in the executive branch.

The Solution Art. I Sec. 8 Congress had no power to tax Congress lacked the power to regulate trade Congress had no power to make the States obey the Articles of Confederation Amendments required ratification by all 13 state legislatures

The Solution Congress had no power to tax Art. I Sec. 8 Congress lacked the power to regulate trade Congress had no power to make the States obey the Articles of Confederation Amendments required ratification by all 13 state legislatures Art. I Sec. 8 Art. VI Sec. 2

The Solution Congress had no power to tax Art. I Sec. 8 Congress lacked the power to regulate trade Congress had no power to make the States obey the Articles of Confederation Amendments required ratification by all 13 state legislatures Art. I Sec. 8 Art. VI Sec. 2

The Solution Amendments required ratification by all 13 state legislatures This section provides the methods by which formal changes can be made in the Constitution. An amendment may be proposed in one of two ways: by a 2/3 vote in each house of congress, or by a national convention called by Congress at the request of 2/3 of the State legislatures. Once proposed, an amendment may be ratified in one of two ways: by 3/4 of the State legislatures, or by 3/4 of the States in convention. Congress determines the method by which a proposed amendment may be ratified. The problem Art. V

Article V This section provides the methods by which formal changes can be made in the Constitution. An amendment may be proposed in one of two ways: by a 2/3 vote in each house of congress, or by a national convention called by Congress at the request of 2/3 of the State legislatures. Once proposed, an amendment may be ratified in one of two ways: by 3/4 of the State legislatures, or by 3/4 of the States in convention. Congress determines the method by which a proposed amendment may be ratified.