2. Government Under the Articles * Unicameral Legislature (one house, one group to make laws) * One vote per state (regardless of size) * 2/3 majority needed to pass legislation (super majority- very tough) * Unanimous vote needed to amend Articles (almost impossible) Weaknesses of the Articles * No national executive (who will enforce the laws?) * No national court system (who will judge the laws?) * National government could not collect taxes (How will they pay?) * National government could not raise an army (protect?) * National government could not regulate trade Problems under the Articles * Currency Problems: Many states printed their own money. The national currency, meanwhile, became almost worthless * Intrastate Commerce: States placed tariffs on each other's goods. This, combined with currency problems, led to a sharp decline in intrastate commerce * Foreign Trade: Other countries placed tariffs and trade restrictions on US goods; the US was not able to reciprocate. The absence of a strong navy also left US merchant ships vulnerable to pirates. * Foreign Affairs: The inability of the national government to raise an army left the US vulnerable. For example, key provisions of the Treaty of Paris, which ended the Revolutionary War, were not enforced. As a result, the British continued to occupy forts in the Northwest territory -- landed that had technically been ceded to the US. * Conflict between states, Virginia v Connecticut and Virginia vs Maryland  National Government was broke.  Shay’s Rebellion

4. They were given permission by the national congress under the Articles to meet and make a list of suggestions for possible revisions. This mind-set allowed a certain amount of freedom to create total change because in the end a delegate could say – we’ll its just a suggestion. The Rule of Secrecy was intended to protect the reputation of the delegate.

6. Census 1790

7. Plan Cost (-)Benefits (+) Rep based On Pop. Equal Rep. Rep. based On Property VA Plan NJ Plan

8. Connecticut compromise- 2 Houses one house based on equal representation- Senate- 2 per state (State’s house) Another house based on population (435 total) seats shift with population shift (house of rep.) (The people’s house) House of Reps.- $ bills start in House- “the people decide what they give to the government” Property Rights both houses “check and balance” each other Specialization and Division of Labor and Division of Power

10. Plan Cost (-)Benefits (+) Full Rep. No Rep. Taxation

11. North feared- unfair representation by the South South feared northern dominance and argued that the southern lifestyle that also benefited the North led to small populations by South. (Division of Labor and Economies of Scale) taxation and representation could also be based on property values 3/5 th Compromise (the federal ratio) # derived from a previous amendment to the articles of conf. in 1783 changed taxation from property to population- south objected if slave population counted Virginia said- only ½ slavesNew England said ¾ slavesMadison suggested 3/5th amendment later failed to be ratified but the number was remembered by Madison Madison suggested the old Federal Ratio (3/5 th ) Not counting all of the slaves gave the South a sense of urgency to increase #, also this resulted in unfair political impacts- slave states dominated Presidency, electoral college, HOR, speaker of house, Supreme Court. In addition to being a social and economic evil, Slavery now became a political evil They were taxed on representation Slave trade ended 1808

17. Plan Cost (-)Benefits (+) Tariffs on imports Tariffs on Exports Tariffs on Slave trade

18. South feared North would increase shipping rates, North feared that southern slavery would expand out of control. Small states feared that larger states would squeeze them out of foreign markets. The South threatened Congress to have the impossible 2/3 vote on all trade laws. Southerners (South Carolina and Georgia) wanted slave trade untaxed (MA, NH, SC, CT, GA) helped write up a compromise

20. Tax Declare War Post offices, Bankruptcy, Copyrights and Patents Create Laws Regulate immigration Check and Balance the President and Supreme Court Article I Section 8- expressed powers Necessary and Proper clause HOR – majority rules, Senate- majority rules but in reality 60/100 to pass a bill

23. Plan Cost (-)Benefits (+) The People The State Leg. The Nat. Leg Other

24. 1787- House of Reps- people, Senate- State Leg Now-HOR- people, Senate- people, if a vacancy occurs during the term Governor from that state appoints Senator to fill seat. (amendment 17 1913) HOR- people’s branch, Senate was the state’s branch – this has changed since 1913, The senate use to be elected by state leg, therefore forcing National Senators to adhere to state rights. Now they are elected by the people which forces to concern themselves more with the “General Welfare” and less than state rights. (Knowledge, information, efficiency, rational choice, Nash Equilibrium, self interest.)

26. Plan Cost (-)Benefits (+) Short (1-3 yrs.) Med. (4-6 years) Long (7+) Life

27. 1787 and now H.O.R. – 2 years Senate- 6 years HOR- every 2 years- people move, attitudes change New ideas Senate- every six years- difficult and expensive to have frequent elections. stability

29. Plan Cost (-)Benefits (+) No Yes With limits Yes unlimited.

30. Yes- Unlimited then and now Should it be amended? Thomas Jefferson feared unlimited re-election claiming that history proved that people in power will do whatever it takes to stay in power. Game Theorist would say that if there is a repeating game (re- elections) then it is in the self interest of the incumbent to satisfy the needs and wants of the voter. This isn’t too much different than a store owner who wants customers to return to their shop. Incumbents have the advantage of reputation and people have more information thus reducing the risk.

32. Question: What is the relationship between the Legislative branch and the Executive? The Executive only carry out the will of Congress? (Division of Labor?) Or The Executive be its own independent branch with separate powers? Division of Power (efficiency – less lag)

33. Plan Cost (-)Benefits (+) Single 1 w/ a group Of advisors Multiple executives Multiple w/group

35. http://www.loc.gov/rr/news/fedgov.html

37. Plan Cost (-)Benefits (+) The People State Leg. Congress Other?

38. What is the relationship between the Legislative branch and the Executive? Should the Executive only carry out the will of Congress? Or Should the Executive be its own independent branch with separate powers? Create your own system that attempts to create equilibrium amongst all ideas. 1/3 of delegates want state legislatures- federalism (will strengthen states) 1/3 of delegates want the people to vote- popular sovereignty 1/3 of delegates want the national legislature to vote- Checks and Balances/Separation of Power Other ideas to consider: Self interest- if the President will do what the voters want in order to stay in power, who do we want him to please? Remember the President will want to maximize his utility (satisfaction) Key note: Don’t forget about the debate between large states and small states and urban areas and isolated areas.

40. Fear of PluralityPeople States National Ct. Comp How does the Electoral College reflect the different self interest? Run-off Election In HOR No single issue candidate No regional candidates Majority 270 Popular vote doesn’t guarantee victory Vote for electors Run-off in HOR Set state rules regarding Primaries And voting process Rep. based on HOR + S Run-off in HOR

41. Compromise between state and people votes Compromise between urban and rural vote Nation is a 2 party system 3 rd party acts only as a spoiler- why? Some people feel it is unfair and outdated while others claim it is the very reason why our Government hasn’t gone through major changes. Does it allow voters to have a voice? How does it represent the founder’s fear of a majority?

43. Economic perspective on a Separation of Powers and Checks and Balances Division of Labor Specialization Division of Power (economic perspective) supporters of founding fathers on Free Market AssumptionsFree Market (Ind.)Government (officials) 1. People act in self interest 2. People acting on self interest respond to incentives (predictable) 3. When pursuing self interest, people, by engaging in voluntary exchange, benefit society by driving resources to their most useful purpose. (Wealth Creation) ? Voluntary exchangeNon-Voluntary exchange

44. Government officials in the name of receiving votes, money, favors will act predictability. The same invisible hand that we see in the market would lead to government induced transactions. But unlike the market, mutual voluntariness is absent in government transactions (taxation, regulation). The government’s ability to coerce (force others to do something) gives people incentive to form groups that try to influence government policy to benefit them but not society as a whole- redistribute wealth. In other words, when you buy something both the buyer and the seller benefit, otherwise there wouldn’t be a transaction. Therefore both parties volunteer to engage in the transaction which allocates resources to that purpose which leads to wealth creation. But when the government creates a transaction in the form of laws and acts, it benefits the official but it often does not benefit society as a whole, this often leads to re-distribution of wealth. In order to increase the level of “mutual volunteerism” the founding fathers created a system that forced officials to gain approval form different branches that represent the different states and individuals. Remember the House represents the people, the Senate the state, and the Ex.- national government. Groups and individuals ie – state interest, interest groups, specific industries, unions, etc. Different types of majorities. Simple- 51% Super- 2/3 or 3/4 Unanimous The greater the risk to individual rights the greater the majority must be to ensure greater levels of mutual agreement by all or at by most.

45. “Art. II- The executive power shall be vested in a President of the United States”- broad power leads to Increase of power. roles chief leg (#1 lawmaker) veto, proposal, appeal chief exe (#1 law enforcer) executive orders chief diplomat (# 1 diplomat) treaties and agreements chief citizen (#1 citizen) Chief of state (#1 representative of US) commander in chief (#1 general)- war making power, rationing power chief judiciary- pardon and reprieves chief administrator (The boss of the federal gov’t)- appointment, creates the budget, agendas Executive privilege- tradition- established by separation of powers Treaties, Executive – agreement, ex-leg agreement

46. Presidential Powers and Congressional Relationship Less PowerMore Power Topic  -------------------------------------------------------------------------------------------------------  01 23 Executiveno power2/3 senate approval 51% Congress power to create orders no approval Diplomacy no power 2/3 Senate 51% Congress no approval needed treaties Leg- Vetono veto 51% congress override 2/3 Override absolute Pardonno power 2/3 approval 51 % approval no approval needed Appointmentno power 2/3 senate approval 51 % congress no approval needed War makingno powerapproval needed approval not needed absolute Congress controls funding Debate over Checks and Balances and Efficient

48. Plan Cost (-)Benefits (+) Short (1-3) Medium (4-6) Long (7+) Life

49. Plan Cost (-)Benefits (+) No Yes - limited Yes- unlimited

50. 1787- 4 years – unlimited re-election Thomas Jefferson’s letters to Madison and Washington- Washington’s farewell address and refusal of 3 rd term Created a tradition of a two term limit FDR broke from tradition elected in 1932, 1936, 1940, 1944. FDR died in office. 22 nd amendment 1947- 2 term limit (10 years total)

52. Dual Court System Division Power Division of Labor And Specialization

54. 9 Supreme Court Justices (1 of which is the Chief Justice) Appointed by the President Approved by the Senate Life long term Impeachment possible

56. Federalist vs Anti-Federalist “A Republic if you can keep it”- voting and pluralism Checks and Balances Judicial Review Executive Traditions Power of the Purse- earmarks, interest groups, pork Bill of Rights Ratification process Amendment Process Unwritten Power- implied power Political Parties