PROBLEMS WITH THE ARTICLES Problems w/Articles of Confed.? YES See also pp. 126-31 notes Weak National Government ; Examples? Can’t collect taxes Can’t control trade So what? So…gov’t can’t take care of itself, not to mention the nation. Result? Congressional delegates scrap idea of amending A.O.C. Decide new document / law is needed
PROBLEMS WITH THE ARTICLES Major Crisis: Shays Rebellion When? 1786 - 87 Where? Massachusetts Who? Daniel Shays & Revolutionary War veterans Why? Many war vets in W. Mass. were also farmers State assembly had levied a tax that many farmers couldn’t pay off. State assembly, in Boston, had few reps from W. Mass. Farmers asked state assembly for help, but none came. So…many farmers were on the brink of losing farms Result? Shays Rebellion, 1786-87 Rebellion fails, but it alarms political leaders across nation
PROBLEMS WITH THE ARTICLES Major Fears / Issues of concern: Representation in Congress Don’t give the central gov’t. too much power Don’t want the wealthy to totally dominate less privileged (i.e. Need to protect the rights of all citizens) BASIC QUESTION: How can the nation balance the conflicting interests of so many different groups in this country?
BUILDING A NEW GOVERNMENT Issue #1: State Gov’t. v. Nat’l. Gov’t Power Q: How was fair representation going to be given to both small and large states? Option #1: James Madison: The Virginia Plan ““Bicameral” (2 House) Legislature, based on pop. VVoters elect “Lower” House LLower House elects “Upper” House Who likes this idea? SStates w/ big population WWhy? Reps. based on population #s
Option #2: William Patterson: The New Jersey Plan “Unicameral” (1 House) legislature Each state receives 1 vote (1 state = 1 vote) Who supports this idea? States w/small population Why? They won’t always be outvoted Continental Congress can’t reach a decision acceptable to everyone
BUILDING A NEW GOVERNMENT SOLUTION: Roger Sherman: The Great Compromise Bicameral Legislature Upper House: “Senate” Senators elected by state legislatures Each state given equal representation Lower House: “House of Representatives” Reps. elected by voters in each state # of Reps. based on state’s population Was this a good solution? Opinion?
BUILDING A NEW GOVERNMENT Related Issue: How will each state’s total population be determined? Are slaves to be counted as part of a state’s population when determining the # of Congressional representatives? Solution: THE THREE-FIFTHS COMPROMISE Define: 3/5 of a state’s slaves will be counted as part of the population That total number will be used to determine the # of reps. a state may be allowed Equation: 3/5 of slaves + the # of free citizens = Total pop. used when calculating a state’s Congressional representation
BUILDING A NEW GOVERNMENT Slavery-related Problems: Southern states fear Congress would end the slave trade in the U.S. Solution? Congress passes law: no interference in slavery for 20 years. So What? Temporary solution to a problem that will only get worse
THE NEW GOVERNMENT TAKES SHAPE What type of government will the United States have? Type? FEDERAL Structure: 3 Branches (parts) What are the 3 branches? See p.135 in text Legislative Executive Judicial Describe the structure & function of each branch: See p. 135 in text
THE NEW GOVERNMENT TAKES SHAPE How will power be shared between the National (Federal) and local (State) governments? Answer: Division of Powers “Enumerated Powers” DEFINE: Powers granted to the federal gov’t by the Constitution. Examples? National Defense Foreign Affairs Printing / Coining Currency ($)
THE NEW GOVERNMENT TAKES SHAPE “RESERVED POWERS” Powers not specifically granted to the Federal (national) government Examples? Supervising Education Marriage Laws Controlling trade w/in a state Local Housing / Building laws “CHECKS and BALANCES” System built into the Constitution which allows each branch of gov’t. to restrict the actions of the other branches. Examples? VETO: U.S. President can prevent a Congressional Bill from becoming a law (at least for some time) U.S. Supreme Court can rule that a law passed by Congress, or a state, is Unconstitutional
THE NEW GOVERNMENT TAKES SHAPE September 17, 1787: Constitution passes in Continental Congress by vote, 38-3 Draft sent to the U.S. Congress for approval* Congress sends Constitution to states for official approval*** ***This process is known as “RATIFICATION”