Articles of Confederation and Articles of Confederation and the United States Constitutionthe United States Constitution

Mr. CalellaMr. Calella

American Studies I/USI(H)American Studies I/USI(H)

Foundation of Foundation of Government in AmericaGovernment in America

Opening Discussion QuestionsOpening Discussion Questions

What is a constitution? Purpose?What is a constitution? Purpose? Why are constitutions written?Why are constitutions written? How should institutions of govHow should institutions of gov’’t be t be

organized?organized? Why has the U.S. Constitution Why has the U.S. Constitution

endured?endured?

Articles of ConfederationArticles of Confederation Republic & ConfederationRepublic & Confederation 11stst constitution constitution A loose association of states (retained A loose association of states (retained

most their sovereignty); Americansmost their sovereignty); Americans’’ fearfear

Ratification held upRatification held up Passed Nov 1777 (during war)Passed Nov 1777 (during war) National legislature called the CongressNational legislature called the Congress No executive or judicial branchesNo executive or judicial branches Congress had limited powersCongress had limited powers

Issues Facing ConfederationIssues Facing Confederation State ConstitutionsState Constitutions

Each stateEach state Politicians had to be big land ownersPoliticians had to be big land owners Disenfranchised Disenfranchised

SlaverySlavery State constitutions and abolitionState constitutions and abolition

Two Successes under the Art. of Two Successes under the Art. of Confed.Confed.

Weaknesses of the Weaknesses of the ConfederationConfederation

Weak central governmentWeak central government No ability to collect taxesNo ability to collect taxes No executive branch to enforce lawsNo executive branch to enforce laws No judicial branch to interpret lawsNo judicial branch to interpret laws 13 separate states that lacked 13 separate states that lacked

national unity (focus on local issues)national unity (focus on local issues) Inflation from overprinting of $Inflation from overprinting of $ Cannot address foreign affairsCannot address foreign affairs

Early ConflictEarly Conflict Border problemsBorder problems

British remain in British remain in frontier military fortsfrontier military forts

Spanish close the Spanish close the Mississippi RiverMississippi River

Economic problemsEconomic problems Country deep in debt Country deep in debt

from Revolutionary from Revolutionary WarWar

Unfavorable balance Unfavorable balance of tradeof trade

Possibility of inflationPossibility of inflation ShayShay’’s Rebellions Rebellion

Constitutional ConventionConstitutional Convention Philadelphia meeting of Philadelphia meeting of

delegates to discuss delegates to discuss remedies for ailing remedies for ailing Confederation (May 1787)Confederation (May 1787)

George Washington made George Washington made president of conventionpresident of convention

Delegates decided to scrap Delegates decided to scrap Articles and set up an Articles and set up an entirely new governmententirely new government

Washington kept the Washington kept the delegates focused on their delegates focused on their tasktask

ConventionConvention’’s Compromisess Compromises The Virginia PlanThe Virginia Plan The New Jersey PlanThe New Jersey Plan Great CompromiseGreat Compromise 3/5s Compromise3/5s Compromise ““All other personsAll other persons”” Democracy v. Republicism Democracy v. Republicism

RatificationRatification Federalists v. Anti-FederalistsFederalists v. Anti-Federalists Attributes of FederalistsAttributes of Federalists Attributes of Anti-FederalistsAttributes of Anti-Federalists Bill of RightsBill of Rights Delaware, Virginia, and New YorkDelaware, Virginia, and New York The Federalist PapersThe Federalist Papers

Constitutional Constitutional PrinciplesPrinciples

Limited GovernmentLimited Government

11stst and oldest written constitution in and oldest written constitution in the worldthe world

Designed to prevent tyranny Designed to prevent tyranny experienced under British rule, which experienced under British rule, which had an unwritten, open-ended had an unwritten, open-ended constitutionconstitution

You limit the the governmentYou limit the the government’’s s powers by stating its powerspowers by stating its powers

Checks and BalancesChecks and Balances

Prevents one branch from becoming Prevents one branch from becoming more powerful than the othersmore powerful than the others

Branches have ways of checking and Branches have ways of checking and balancing the power of the othersbalancing the power of the others

Separation of PowersSeparation of Powers

Government divided Government divided into 3 branches: into 3 branches: legislativelegislative (Art. I), (Art. I), executiveexecutive (Art. II), (Art. II), and and judicialjudicial (Art. III) (Art. III)

Each branch has Each branch has specific powers but specific powers but must work with must work with others for others for government to government to functionfunction

FederalismFederalism

Divides power between national and Divides power between national and state governmentstate government

States needed to sacrifice some of States needed to sacrifice some of their sovereignty for the sake of their sovereignty for the sake of national unitynational unity

Popular SovereigntyPopular Sovereignty

Preamble of the Preamble of the Constitution Constitution expresses idea that expresses idea that source of power source of power rests with the rests with the peoplepeople

ExamplesExamples Vote for Vote for

representativesrepresentatives Indirect vote for Indirect vote for

presidentpresident Amendment processAmendment process

Magna CartaMagna CartaEnglish Bill of RightsEnglish Bill of Rights

Virginia Declaration of RightsVirginia Declaration of RightsEnlightenment PhilosophersEnlightenment Philosophers

Political Documents that Political Documents that Influenced the Drafters Influenced the Drafters

of the Constitutionof the Constitution

Magna Carta (Magna Carta (““Great CharterGreat Charter””))

In 1215, English nobles pressured king into In 1215, English nobles pressured king into agreeing to its provisionsagreeing to its provisions

Required king to agree that he and his Required king to agree that he and his heirs would be bound by the law; king no heirs would be bound by the law; king no longer above the lawlonger above the law

Gave and protected citizens rightsGave and protected citizens rights Influences Upon ConstitutionInfluences Upon Constitution

““Supreme Law of the LandSupreme Law of the Land”” 55thth Amendment Amendment ““Due ProcessDue Process”” Clause Clause Limited GovernmentLimited Government

English Bill of RightsEnglish Bill of Rights

Act of British Parliament in 1689Act of British Parliament in 1689 Lays out the rights of each citizenLays out the rights of each citizen Influences upon ConstitutionInfluences upon Constitution’’s Bill of s Bill of

RightsRights Right to petition the governmentRight to petition the government Right to bear armsRight to bear arms Right against cruel and unusual Right against cruel and unusual

punishmentspunishments

Virginia Declaration of RightsVirginia Declaration of Rights

Passed in 1776 as part of VirginiaPassed in 1776 as part of Virginia’’s s State ConstitutionState Constitution

States that citizens have States that citizens have ““natural natural rightsrights”” of life, liberty, and property of life, liberty, and property

Influences upon ConstitutionInfluences upon Constitution Popular SovereigntyPopular Sovereignty Separation of PowersSeparation of Powers Trial by juryTrial by jury

Enlightenment PhilosophersEnlightenment Philosophers

John Locke, Voltaire, and John Locke, Voltaire, and MontesquieuMontesquieu

ACTIVITY!ACTIVITY!