Articles of Confederation and the United States Constitution Mr. Calella American Studies I/USI(H) Foundation of Government in America

Opening Discussion Questions What is a constitution? Purpose? What is a constitution? Purpose? Why are constitutions written? Why are constitutions written? How should institutions of gov’t be organized? How should institutions of gov’t be organized? Why has the U.S. Constitution endured? Why has the U.S. Constitution endured?

Articles of Confederation Republic & Confederation Republic & Confederation 1 st constitution 1 st constitution A loose association of states (retained most their sovereignty); Americans’ fear A loose association of states (retained most their sovereignty); Americans’ fear Ratification held up Ratification held up Passed Nov 1777 (during war) Passed Nov 1777 (during war) National legislature called the Congress National legislature called the Congress No executive or judicial branches No executive or judicial branches Congress had limited powers Congress had limited powers

Issues Facing Confederation State Constitutions State Constitutions Each state Each state Politicians had to be big land owners Politicians had to be big land owners Disenfranchised Disenfranchised Slavery Slavery State constitutions and abolition State constitutions and abolition Two Successes under the Art. of Confed. Two Successes under the Art. of Confed.

Weaknesses of the Confederation Weak central government Weak central government No ability to collect taxes No ability to collect taxes No executive branch to enforce laws No executive branch to enforce laws No judicial branch to interpret laws No judicial branch to interpret laws 13 separate states that lacked national unity (focus on local issues) 13 separate states that lacked national unity (focus on local issues) Inflation from overprinting of $ Inflation from overprinting of $ Cannot address foreign affairs Cannot address foreign affairs

Early Conflict Border problems British remain in frontier military forts Spanish close the Mississippi River Economic problems Country deep in debt from Revolutionary War Unfavorable balance of trade Possibility of inflation Shay’s Rebellion

Constitutional Convention Philadelphia meeting of delegates to discuss remedies for ailing Confederation (May 1787) Philadelphia meeting of delegates to discuss remedies for ailing Confederation (May 1787) George Washington made president of convention George Washington made president of convention Delegates decided to scrap Articles and set up an entirely new government Delegates decided to scrap Articles and set up an entirely new government Washington kept the delegates focused on their task Washington kept the delegates focused on their task

Convention’s Compromises The Virginia Plan The Virginia Plan The New Jersey Plan The New Jersey Plan Great Compromise Great Compromise 3/5s Compromise 3/5s Compromise “All other persons” “All other persons” Democracy v. Republicism Democracy v. Republicism

Ratification Federalists v. Anti-Federalists Federalists v. Anti-Federalists Attributes of Federalists Attributes of Federalists Attributes of Anti-Federalists Attributes of Anti-Federalists Bill of Rights Bill of Rights Delaware, Virginia, and New York Delaware, Virginia, and New York The Federalist Papers The Federalist Papers

Constitutional Principles

Limited Government 1 st and oldest written constitution in the world 1 st and oldest written constitution in the world Designed to prevent tyranny experienced under British rule, which had an unwritten, open-ended constitution Designed to prevent tyranny experienced under British rule, which had an unwritten, open-ended constitution You limit the the government’s powers by stating its powers You limit the the government’s powers by stating its powers

Checks and Balances Prevents one branch from becoming more powerful than the others Prevents one branch from becoming more powerful than the others Branches have ways of checking and balancing the power of the others Branches have ways of checking and balancing the power of the others

Separation of Powers Government divided into 3 branches: legislative (Art. I), executive (Art. II), and judicial (Art. III) Each branch has specific powers but must work with others for government to function

Federalism Divides power between national and state government Divides power between national and state government States needed to sacrifice some of their sovereignty for the sake of national unity States needed to sacrifice some of their sovereignty for the sake of national unity

Popular Sovereignty Preamble of the Constitution expresses idea that source of power rests with the people Preamble of the Constitution expresses idea that source of power rests with the people Examples Examples Vote for representatives Vote for representatives Indirect vote for president Indirect vote for president Amendment process Amendment process

 Magna Carta  English Bill of Rights  Virginia Declaration of Rights  Enlightenment Philosophers Political Documents that Influenced the Drafters of the Constitution

Magna Carta (“Great Charter”) In 1215, English nobles pressured king into agreeing to its provisions In 1215, English nobles pressured king into agreeing to its provisions Required king to agree that he and his heirs would be bound by the law; king no longer above the law Required king to agree that he and his heirs would be bound by the law; king no longer above the law Gave and protected citizens rights Gave and protected citizens rights Influences Upon Constitution Influences Upon Constitution “Supreme Law of the Land” “Supreme Law of the Land” 5 th Amendment “Due Process” Clause 5 th Amendment “Due Process” Clause Limited Government Limited Government

English Bill of Rights Act of British Parliament in 1689 Act of British Parliament in 1689 Lays out the rights of each citizen Lays out the rights of each citizen Influences upon Constitution’s Bill of Rights Influences upon Constitution’s Bill of Rights Right to petition the government Right to petition the government Right to bear arms Right to bear arms Right against cruel and unusual punishments Right against cruel and unusual punishments

Virginia Declaration of Rights Passed in 1776 as part of Virginia’s State Constitution Passed in 1776 as part of Virginia’s State Constitution States that citizens have “natural rights” of life, liberty, and property States that citizens have “natural rights” of life, liberty, and property Influences upon Constitution Influences upon Constitution Popular Sovereignty Popular Sovereignty Separation of Powers Separation of Powers Trial by jury Trial by jury

Enlightenment Philosophers John Locke, Voltaire, and Montesquieu John Locke, Voltaire, and Montesquieu ACTIVITY! ACTIVITY!