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The Articles of Confederation and the Constitution
ARTICLES OF CONFEDERATION
GOAL:
TO UNDERSTAND THE REASONS FOR THE ORIGINAL CONFEDERATION
OF STATES AND TO EXAMINE ITS STRENGTHS AND WEAKNESSES
BEFORE THERE WAS A NATIONAL GOVERNMENT
1775 ON THE EVE OF THE REVOLUTION
• 13 SEPARATE ENGLISH COLONIES
• 13 SEPARATE GOVERNORS
• CONCERNED ONLY WITH THEIR COLONY
• SOME OWED THEIR JOBS TO THE KING
HOWEVER
TO STAND UP TO ENGLAND
HAD TO WORK
TOGETHER
EARLY ATTEMPT TO UNITE
➢ COLONIES SELECTED REPRESENTATIVES
➢ MET TOGETHER IN PHILADELPHIA
➢ SECOND CONTINENTAL CONGRESS
➢ SPEAK FOR THEIR COLONY
➢ CREATE A NATIONAL GOVERNMENT
“UNITED WE STAND, DIVIDED WE FALL”
Silas Deane
SECOND CONTINENTAL CONGRESS
EARLY ACCOMPLISHMENTS
❑SET UP AN ARMY TO FIGHT
❑DECLARATION OF INDEPENDENCE
❑WROTE RULES FOR A NEW GOVERNMENT
(ARTICLES OF CONFEDERATION)
WHY A “CONFEDERATION”?
CONFEDERATION
➢GROUP OF STATES OR NATIONS THAT BAND TOGETHER FOR A PURPOSE
➢EACH MEMBER REMAINS INDEPENDENT
IN SHORT, THE COLONIES DID NOT WANT TO TRADE ONE KING FOR ANOTHER!
LET’S CHECK TO SEE IF YOU’VE BEEN LISTENING
1. WHAT WERE THE GUIDELINES FOR THE NEW COUNTRY CALLED?
ANSWER: THE ARTICLES OF CONFEDERATION
2. WHO SET UP THE GUIDELINES FOR THE NATIONAL GOVERNMENT?
ANSWER: THE SECOND CONTINENTAL CONGRESS
WHAT THE CONGRESS COULD DO
ARTICLES OF CONFEDERATION SET UP A CENTRAL GOVERNMENT
▪ CONGRESS
(A GROUP OF PEOPLE WHO REPRESENT OTHER PEOPLE)
ARTICLES GAVE THE CONGRESS SOME POWERS, BUT NOT TOO MUCH
------THE COLONIES LIKED THEIR INDEPENDENCE!
CONGRESS COULD
o DEAL WITH OTHER NATIONS
o DECLARE WAR
o MAKE LAWS
o PRINT MONEY
o SETTLE ARGUMENTS BETWEEN STATES
WHAT THE CONGRESS COULD NOT DO
❖ NO CONTROL OVER TRADE BETWEEN THE STATES
❖ NO AUTHORITY TO COLLECT TAXES
THESE WERE TWO SORE POINTS WITH THE COLONIES.
THE KING HAD CONTROLLED ALL TRADE AMONG THE COLONIES
REMEMBER ALL THE ACTS? ALL THE TAXES TO PAY FOR THE FRENCH AND INDIAN WAR
❑ THAT STARTED THE MOVEMENT TOWARDS INDEPENDENCE
❑ DIDN’T WANT TO PAY TAXES AGAIN: FIGURED IT WOULD GET OUT OF CONTROL
LEARNING CHECKPOINT#2
SO, WHAT DO YOU REMEMBER?
WHICH POWERS DID CONGRESS NOT HAVE UNDER THE ARTICLES OF CONFEDERATION?
POWER TO COLLECT TAXES POWER TO CONTROL TRADE BETWEEN STATES
WHY DID THE COLONISTS DECIDE NOT TO GIVE CONGRESS THESE POWERS?
BECAUSE OF THEIR EXPERIENCES WITH THE KING
REVIEW CHART
CONGRESS COULD. . . CONGRESS COULD NOT . . .
❑ MAKE AGREEMENTS WITH OTHER NATIONS
❑ DECLARE WAR
❑ MAKE LAWS
❑ PRINT MONEY
❑ SETTLE DISAGREEMENTS BETWEEN STATES
➢ CONTROL TRADE BETWEEN STATES
➢ COLLECT TAXES
A RECAP OF THE STATES’S RIGHTS UNDER THE ARTICLES OF CONFEDERATION
➢ RETAIN SOVEREIGNTY (CONTROL OVER OWN MATTERS)
➢ KEEP THEIR FREEDOM
➢ KEEP THEIR INDEPENDENCE
➢ KEEP EVERY POWER, JURISDICTION, AND RIGHT NOT EXPRESSLY GIVEN TO THE CONGRESS
➢ JOIN INTO A LEAGUE OF FRIENDSHIP WITH OTHER STATES
➢ COMMON DEFENSE
➢ SECURE THEIR LIBERTIES
➢ ASSIST EACH OTHER IF ATTACKED, FOR ANY REASON
➢ FREE CITIZENS OF ONE STATE ARE WELCOME IN EVERY OTHER STATE
➢ PROMISE TO DELIVER CRIMINALS BACK TO THE STATE WHERE THE OFFENSE WAS COMMITTED
➢ PROMISE TO ABIDE BY JUDICIAL RULINGS OF EVERY OTHER STATE
➢ STATES CAN HAVE THEIR OWN MILITIA
➢ SET THEIR OWN TAXES
SET UP OF THE FEDERAL GOVERNMENT
❑ EACH STATE APPOINTS DELEGATES ANNUALLY
❑ 2-7 MEMBERS FOR EACH STATE
❑ NO MORE THAN THREE YEARS OUT OF EVERY SIX YEARS
❑ NO SALARY FOR DELEGATES
❑ EACH STATE HAS ONE VOTE
❑ DELEGATES ARE IMMUNE FROM ARREST WHILE IN SESSION: GOING TO OR FROM CONGRESS
EXCEPT
❑ TREASON
❑ FELONY
❑ BREACH OF PEACE
❑ STATES CAN’T DEAL WITH OTHER COUNTRIES
❑ STATES CAN’T MAKE DEALS WITH EACH OTHER WITHOUT CONSENT OF CONGRESS
❑ STATES CAN’T HAVE THEIR OWN NAVY
❑ STATES CAN’T DECLARE WAR BUT CAN RESPOND IF ATTACKED
❑ ALL STATES PROVIDE FUNDS TO DEFRAY COSTS, BASED ON LAND VALUES
BIG ISSUE: MONEY
CONGRESS CAN SET THE VALUE OF COIN
BUT THE STATES CAN ALSO COIN MONEY!
CONGRESS HAS TO GET MONEY FROM THE STATES
▪ TO RAISE A NAVY
▪ RAISE AND EQUIP AN ARMY
CONGRESS CAN’T DO THESE THINGS UNLESS NINE OF THIRTEEN STATES AGREE:
▪ ENGAGE IN WAR
▪ ENTER INTO A TREATY
▪ COIN MONEY
▪ BORROW MONEY
▪ APPROPRIATE (SET ASIDE) FUNDS
▪ NAVY
▪ ARMY
▪ APPOINT COMMANDER-IN-CHIEF
PROBLEMS WITH THE CENTRAL GOVERNMENT
TOO MANY WEAKNESSES TO PROVIDE AN EFECTIVE GOVERNMENT
❑ THERE WAS NO REAL HEAD OF THE GOVERNMENT!
❑ 13 COLONIES RAN IT TOGETHER
❑ NO SYSTEM OF COURTS AND JUDGES
❑ STATES SET UP THEIR OWN AND APPOINTED THEIR OWN JUDGES
❑ MORE POWER WAS GIVEN TO THE STATES THAN THE NATIONAL GOVERNMENT
❑ THE NATIONAL (FEDERAL) GOVERNMENT COULD NOT ENFORCE THE LAWS IT PASSED
STATES LIKED THE SECURITY OF OTHER STATES TO HELP THEM
BUT ALSO LIKED THEIR INDEPENDENCE
***DOOMED TO FAIL FROM THE START!!!***
LEARNING CHECK #3
1. THE ARTICLES OF CONFEDERATION ESTABLISHED A STRONG, STABLE GOVERNMENT?
FALSE
2. THE ARTICLES OF CONFEDERATION ESTABLISHED THE POSITION OF PRESIDENT.
FALSE
3. THE ARTICLES OF CONFEDERATION GAVE MORE POWER TO THE STATES THAN THE FEDERAL GOVERNMENT.
TRUE
4. THE FEDERAL GOVERNMENT COULD NOT MAKE LAWS, BUT THEY COULD ENFORCE THEM.
FALSE
5. UNDER THE ARTICLES OF CONFEDERATION, EACH STATE SET UP ITS OWN COURTS AND APPOINTED ITS OWN JUDGES. TRUE
ONCE WRITTEN HAD TO RATIFY
CONGRESS PASSED THE ARTICLES OF CONFEDERATION IN 1777
▪ BY JULY 1778 EIGHT STATES HAD RATIFIED
▪ NEEDED ONE MORE!
▪ BUT THERE IS A PROBLEM!
REMEMBER THAT PESKY PROCLAMATION OF 1763 THE KING SIGNED: ALL LANDS WEST OF THE
APPALACHIANS BELONGED TO THE INDIANS……. REMEMBER THAT?
MANY STATES HAD CLAIMED LANDS WEST EXCEPT
❖ NEW JERSEY
❖ RHODE ISLAND
❖ PENNSYLVANIA
❖MARYLAND
❖ DELAWARE
❖ SOME OF THESE REFUSED TO SIGN (RATIFY) THE ARTICLES
THE PROBLEM VISUALIZED
AREAS CLAIMED BY
STATES OUTSIDE
THEIR ORIGINAL
BOUNDARIES:
“LANDLESS STATES”ORIGINAL
13
COLONIES
WERE
CALLED
“LANDED”
STATES
THE PROBLEM EXPLAINED
ALL A MATTER OF MONEY (ONCE AGAIN!)
➢ STATES WITHOUT LANDS WANTED THEM PLACED UNDER THE NATIONAL GOVERNMENT
➢ FINANCIAL DISADVANTAGE TO THE STATES WITHOUT LAND
➢ LEFT WITH HUGE DEBT FROM WAR THEY COULDN’T PAY
STATES WITH LANDS IN THE WEST
➢ SELL TO PAY OFF DEBT INCURRED FROM THE REVOLUTION
BETWEEN 1778-1781
➢ALL LANDS GIVEN TO THE NATIONAL GOVERNMENT
➢ SMALL STATES AGREED
➢MARYLAND #13 TO SIGN
THERE WAS NOW A NATIONAL GOVERNMENT AND THE ARTICLES WENT INTO EFFECT
FINAL ISSUE THAT SPELLED DOOM
IF YOU WANT TO CHANGE ANYTHING
IN THE ARTICLES OF CONFEDERATION
ALL THIRTEEN STATE LEGISLATURES
(NOT DELEGATES) HAVE TO AGREE TO IT!!
ARTICLES SIGNED IN 1777, FINALLY RATIFIED IN 1781, GONE BY 1787
MEANWHILE: AN IDLE ARMY
LAST BATTLE OF THE REVOLUTION TAKES PLACE IN NEW JERSEY!
❑ 27 DECEMBER 1782 (SOUNDS LIKE A GOOD DAY TO HAVE A LAST BATTLE).
❑ CEDAR BRIDGE, NJ (PRESENTLY WITHIN THE TOWNSHIP OF BARNEGAT RTE 72 AND WARREN GROVE
RD). (The Tavern where this took place was renovated in June 2018)
❑ A “CIVIL WAR” BETWEEN LOYALISTS AND PATRIOTS IN NJ
❑ PINELANDS OF OCEAN COUNTY
❑ 37.08 MILES NORTHEAST FROM OUR CLASSROOM.
❑ LOYALISTS/ PINELANDS BANDITS AGAINST LOCAL MILITIA
❑ CAPTAIN JOHN BACON (LOYALISTS) ROAMEDTHE PINELANDS (MANAHAWKIN)
❑ PINELANDS BANDIT
❑ SEVERAL TOWNSPEOPLE THAT HELPED BACON ESCAPE WERE HUNG.
❑ KILLED A FEW MONTHS LATER AND BODY DESECRATED
❑ CAPTAIN RICHARD SHREVE (Burlington City) AND CAPTAIN EDWARD THOMAS (Mansfield)
AND THAT DOES IT FOR THE REVOLUTIONARY WAR
ARMY SITS IN NEWBURGH, NEW YORK
LETTER FROM WASHINGTON TO HAMILTON HIGHLIGHTS THE PROBLEM (12 MARCH 1783)
“THE ARRIVAL OF A CERTAIN GENTLEMAN… FROM PHILADELPHIA”
❑ COL WALTER STEWART ❑ BROUGHT WITH HIM A STORM
❑ TOLD HIS FRIENDS THAT CONGRESS WAS GOING TO DISSOLVE THE ARMY
❑ STIRRED THE POT: DEMAND CONGRESS FULFILL ITS PROMISES TO THE ARMY.
❑MAJOR JOHN ARMSTRONG WROTE AN ADDRESS TO THE OFFICERS IN CAMP
❑ BE SUSPICIOUS OF THOSE WHO ADVISE “MODERATION AND LONGER FORBEARANCE”
❑ATTACKED CONGRESS FOR NOT FULFILLING ITS OBLIGATIONS
❑ CALLED FOR A MEETING ON MARCH 11TH.
❑ EITHER CONGRESS ACT OR THE ARMY WOULD BE JUSTIFIED IN DEFYING THEM. (MUTINY).
❑ *****HE WAS GENERAL GATES’S AIDE*****
❑WASHINGTON FOUND OUT ABOUT ALL THIS ON 10 MARCH.
THE CONSPIRACY
PLAN BY THE CONTINENTAL ARMY OFFICERS
❑ CHALLENGE THE AUTHORITY OF THE CONFEDERATION CONGRESS
❑ FRUSTRATED OVER LACK OF PAY
❑ 1783 UNREST TO THE POINT OF MUTINY
❑ GEN GATES
❑ PROBLEM WAS INABILITY TO RAISE MONEY TO PAY THE ARMY OR PROVIDE FOR IT
❑ TRIED TO AMEND THE ARTICLES BUT IT FAILED BECAUSE OF RHODE ISLAND
❑ BRITISH THREAT GONE; NOW ARMY THINKS THEY WILL NEVER GET PAID
❑ THREAT TO DISBAND OR,
❑ REFUSE TO DISBAND (MILITARY TAKEOVER)
❑ GEORGE WASHINGTON HAD TO DEFUSE THE SITUATION WITH A PERSONAL PLEA
"Gentleman, you must pardon me, for I have not only grown gray but almost blind in service to my country.“
----WITH THESE WORDS, WASHNGTON SCORED HIS GREATEST VICTORY AND SAVED THE COUNTRY
NOW WHAT TO DO?
WASHINGTON HAD TO STOP THIS BEFORE THEY DID SOMETHING REALLY STUPID THAT THEY
WOULD NOT BE ABLE TO RECOVER FROM EASILY
➢ DENOUNCED “SUCH DISORDERLY PROCEEDINGS”
➢ REQUESTED THAT ALL GENERAL OFFICERS AND FIELD OFFICERS ASSEMBLE ON MARCH 15TH
➢ TRY TO COME TO A RATIONAL SOLUTION
➢ CALM THE STORM
➢ CLEAR HEADS OF EMOTION
➢ HE FEARED THAT IF ACCOUNTS WERE NOT SETTLED PROPERLY, THERE WOULD BE A MARCH
ON PHILADELPHIA
➢MAJOR ARMSTRONG WROTE A SECOND ADDRESS TO THE OFFICERS, ARGUING THAT
WASHINGTON “SANCTIFIED” (AGREED WITH) THE CLAIMS OF THE OFFICERS.
WASHINGTON’S FINAL PLEA
15 MARCH ARRIVES
o OFFICERS DON’T THINK WASHINGTON WILL BE PRESENT
o GATES OPENS THE PROCEEDINGS
o WASHINGTON COMES INTO THE ROOM UNEXPECTEDLY
o ASKS TO ADDRESS THE MEETING
o ASKED THEM TO TRUST THE CONGRESS TO DO THE RIGHT THING
o BEGS THEM TO BE PATIENT o HE IS NOT CONVINCING ANYONE
o THEN, PULLS OUT A LETTER FROM JOSEPH JONES, CONGRESSMAN FROM VIRGINIA
o CAN’T READ IT, SIGHT IS FAILING, SO HE PULLS OUT HIS GLASSES NO ONE KNEW HE NEEDED
THEM
"Gentleman, you must pardon me, for I have not only grown gray but almost blind in service to my country.“ ----
WITH THESE WORDS, WASHNGTON SCORED HIS GREATEST VICTORY AND SAVED THE COUNTRY
RESULT
HIS DEMONSTRATION OF PHYSICAL VULNERABILITY WAS TOO MUCH
❑MEN WEPT OPENLY
❑MEETING WAS OVER
❑ CRISIS AVERTED
WASHINGTON’S GREATEST VICTORY RELIED NOT ON BULLETS OR BAYONETS, BUT HIS WORDS
❑ BOND BETWEEN HIS OFFICERS AND HIM WAS UNBREAKABLE
❑ THE REVOLUTIONARY WAR ENDS WITH HARMONY NOT MAYHEM
GENERAL WASHINGTON GOES HOME TO MOUNT VERNON
When told by the American artist Benjamin West that Washington was going to resign, King George III of England
said, "If he does that, he will be the greatest man in the world."
AFTER THE TREATY OF PARIS IN 1783
WHAT ARE WE GOING TO DO WITH ALL THIS NEW LAND?
WAIT! THE INDIANS ARE STILL HERE AND SOME DON’T LIKE US VERY MUCH…..
TWO IDEAS:
❑ THE ORDINANCE OF 1784
❑ THOMAS JEFFERSON LED THE COMMITTEE
❑ LAID OUT BOUNDARIES FOR 10 NEW STATES
❑ OUTLAWED SLAVERY
❑ FORM GOVERNMENT IN THE TERRITORIES BY ADOPTING CONSTITUTION OF AN
EXISTING STATE.
❑ POPULATION= AN ORIGINAL COLONY, APPLY FOR STATEHOOD
❑ABOLITION OF SLAVERY CLAUSE REMOVED
SO, WHAT DID THIS LOOK LIKE?
JEFFERSON’S IDEA OF EXPANSION TO THE MISSISSIPPI
❖ SYLVANIA ❖MICHIGANIA ❖CHERONESUS ❖ASSENISIPPIS ❖METROPOTAMIA ❖ ILLINOIA ❖ SARATOGA ❖WASHINGTON ❖ POLYPOTAMIA ❖ PELIPSIA ❖ JEFFERSON ❖ADAMS ❖ALABAMA ❖ EQUITASIA ❖MISSISSIPPI
WHY?????
No one seems to regret that
Thomas Jefferson’s plan for
the division of the
Northwest Territory into ten
new states was shelved.
The proposed names were
just too silly, writes 19th-
century Jefferson-
biographer John T. Morse,
Jr.:
BUT IT POINTED TO
JEFFERSON’S
ADMIRER’S VIEW OF
HIS “PHILOSPHER”
STATUS.
NOW WHAT HAPPENS?
CONGRESS REVIEWS JEFFERSON’S PLAN
❖ DELETED THE PROPOSAL ABOUT SLAVERY
❖ THREW OUT THE STATE NAMES (WHEW!!)
❖ACCEPTED THE HEART OF THE PROPOSAL
INDIANS SEE THE WRITING ON THE WALL (REMEMBER THEIR DEAL WITH THE BRITISH
IN 1763?)
➢ SIGN SECOND TREATY OF FORT STANWIX IN 1784
➢ IROQUOIS
➢ SURRENDERED CLAIMS
➢WESTERN PENNSYLVANIA
➢ OHIO
➢ OTHER TRIBES CRITICAL OF TREATY
➢ SIGNED UNDER DURESS
➢ SIGNERS HAD NO AUTHORIZATION
➢WARFARE IN REGION CONTINUED
➢ FINALLY RESOLVED DURING THE WAR OF 1812: INDIAN’S POWER BROKEN
WHAT WAS THE SECOND IDEA???
HAVE TO DO SOMETHING WITH THE NATIVE AMERICANS THAT HATED US!!!
THE SIX NATIONS OF THE IROQUOIS (INCLUDED OUR ALLIES: TUSCARORA AND ONEIDA)
SECOND TREATY OF FORT STANWIX 1784 (REMEMBER THE BATTLE OF ORISKANY?)
✓ IROQUOIS GVE UP CLAIMS TO THE OHIO VALLEY
✓ UNITED STATES WOULD THEN SELL FOR A PROFIT
✓ RELIEVE BURDEN OF DEBT
✓ SEVERAL TRIBES REJECTED BECAUSE THE IROQUOIS HAD NO AUTHORITY OVER
THEM.
✓ANGLO-AMERICANS BEGAN TO SETTLE IN THE AREA
✓ TENSIONS INCREASED
✓ FIGHTING BETWEEN ANGLO-AMERICANS AND NATIVE AMERICANS
✓ NATIVE AMERICANS LOST
HIDDEN REASONS FOR THE TREATY OF FORT STANWIX
MORE THAN JUST A LAND GRAB FOR THE FRONTIERSMEN
❑ PEACE WITH THOSE TRIBES THAT ALLIED WITH THE BRITISH
❑ GAIN RETURN OF ALL PRISONERS HELD
❑ SECURE LANDS FOR AMERICA’S INDIAN ALLIES
❑ TUSCARORA
❑ ONEIDA
❑ IN RETURN FOR THE LAND: PROVIDE THE 6 NATIONS SUPPLIES AND FOOD
❑ COUNTER THEIR POOR CONDITIONS
❑ DEMONSTRATE WHAT NICE GUYS THE AMERICANS REALLY WERE!
❑ SETTLERS WOULD BUY LAND
❑ JEFFERSON : A WAY TO RAISE MONEY FROM THE REGION TO FUND MILITARY PENSIONS
LAND ORDINANCE OF 1784
BACKGROUND:
➢ STATES (7) HAD LAID CLAIM TO LAND WEST OF THE APPALACHIANS
➢ “LANDLESS” STATES RESENTED HOW THEY MIGHT BE EXPLOITED BY THE “LANDED” STATES
➢ “LANDLESS” ARE THOSE AREAS CLAIMED BY STATES AS THEIR OWN
➢ “LANDED” ARE THE ORIGINAL 13 COLONIES THAT BECAME THE ORIGINAL STATES
➢ CONGRESS EXPECTED THE STATES TO CEDE THEIR CLAIMS TO THESE “LANDLESS” AREAS
➢ 1780 PASSED A RESOLUTION DEFINING HOW THEY WOULD HANDLE IT.
➢ 1781 STATES STARTED GIVING BACK THE AREAS
➢ NOT AN EASY DECISION
➢ ARGUMENTS AMONG STATES
➢ VIRGINIA CEDES IT’S CLAIM
➢ MARYLAND USES VIRGINIA’S ACTION TO RATIFY THE “ARTICLES OF CONFEDERATION
JEFFERSON’S PROPOSAL
❑ PEACE TREATY SIGNED WITH GREAT BRITAIN 1783 YAY US!!
❑ CONGRESS ASKS THOMAS JEFFERSON TO TACKLE THE ISSUE OF THESE LANDS
❑ JEFFERSON’S IDEAS
❑ WESTERN LANDS REMAIN PART OF THE UNITED STATES “FOREVER”
❑ LANDS ARE SUBJECT TO THE CENTRAL GOVERNMENT
❑ THESE AREAS MUST SHARE THE DEBT PROPORTIONATELY
❑ SLAVERY: PROHIBITED AFTER 1800
❑ PROCEDURES SET UP TO ACHIEVE STATEHOOD
❑ CHERRONESUS
❑ ASSENISIPPIA
❑ METROPOTAMIA
❑ SYLVANIA
❑ PELISIPIA
SOME STATE NAMES JEFFERSON
PROPOSED
NOW WHAT HAPPENS?
CONGRESS REVIEWS JEFFERSON’S PLAN
❖ DELETED THE PROPOSAL ABOUT SLAVERY
❖ THREW OUT THE STATE NAMES (WHEW!!)
❖ ACCEPTED THE HEART OF THE PROPOSAL
INDIANS SEE THE WRITING ON THE WALL (REMEMBER THEIR DEAL WITH THE BRITISH IN 1763?)
➢ SIGN SECOND TREATY OF FORT STANWIX IN 1784
➢ IROQUOIS
➢ SURRENDERED CLAIMS
➢ WESTERN PENNSYLVANIA
➢ OHIO
➢ OTHER TRIBES CRITICAL OF TREATY
➢ SIGNED UNDER DURESS
➢ SIGNERS HAD NO AUTHORIZATION
➢ WARFARE IN REGION CONTINUED
➢ FINALLY RESOLVED DURING THE WAR OF 1812: INDIAN’S POWER BROKEN
HIDDEN REASONS FOR THE TREATY OF FORT STANWIX
MORE THAN JUST A LAND GRAB FOR THE FRONTIERSMEN
❑ PEACE WITH THOSE TRIBES THAT ALLIED WITH THE BRITISH
❑ GAIN RETURN OF ALL PRISONERS HELD
❑ SECURE LANDS FOR AMERICA’S INDIAN ALLIES
❑ TUSCARORA
❑ ONEIDA
❑ IN RETURN FOR THE LAND: PROVIDE THE 6 NATIONS SUPPLIES AND FOOD
❑ COUNTER THEIR POOR CONDITIONS
❑ DEMONSTRATE WHAT NICE GUYS THE AMERICANS REALLY WERE!
❑ SETTLERS WOULD BUY LAND
❑ JEFFERSON : A WAY TO RAISE MONEY FROM THE REGION TO FUND MILITARY PENSIONS
THE LAND ORDINACE OF 1785
THE NEW COUNTRY OF THE UNITED STATES SECURED LAND FROM GREAT BRITAIN
TO THE MISSISSIPPI RIVER
BIG QUESTION: WHAT ARE WE GOING TO DO WITH ALL THIS DIRT?➢ SURVEYORS SENT TO STAKE OUT THE LANDS
➢ SIX-MILE SQUARE PLOTS (TOWNSHIPS)
➢ 36 SECTIONS IN EACH TOWNSHIP: EACH ONE SQUARE MILE
➢ ACCURATE DIVISION SETTLED LAND DISPUTES
➢ BECAME THE NORTHWEST TERRITORY
➢ OHIO
➢ INDIANA
➢ MICHIGAN
➢ ILLINOIS
➢ WISCONSIN
➢ PART OF MINNESOTA
➢ SOLD THE LAND TO SETTLERS TO GET CASH FOR THE GOVERNMENT
➢ ENSURED CONTINUED CONTROL OF THE LAND BY AMERICA.
THE NORTHWEST ORDINANCE OF 1787
❖ LAID THE FOUNDATIONS FOR HOW THE LAND WOULD BE GOVERNED. THIS WAS A BIG DEAL
❑ AS THE TERRITORY GREW IN POPULATION, IT WOULD GAIN THE RIGHT TO SELF-GOVERNMENT
❑ WHEN REACHED 5000 FREE MALES IN AN AREA
❑ THOSE WITH AT LEAST 50 ACRES COULD ELECT AN ASSEMBLY
❑ WHEN REACHED 60,000 PEOPLE THEY COULD APPLY TO BE A NEW STATE.
❑ ESTABLISHED CONDITIONS FOR SETTLEMENT
❑ OUTLINED SETTLER’S RIGHTS
❑ OUTLAWED SLAVERY (SOUTHERN STATES DIDN’T LIKE THIS).
❑ RIVERS OPEN TO FREE NAVIGATION
❑ FREEDOM OF RELIGION
❑ RIGHT TO TRIAL BY JURY
***SET THE PATTERN FOR THE ORDERLY GROWTH OF THE COUNTRY***
SAME PATTERN FOLLOWED FOR FUTURE TERRITORIES (SO THAT’S WHY THEY ARE SQUARE
LOOKING!!)
HOW THE REBELLION WAS BORN
NEW AREAS IN WESTERN AND CENTRAL MASSACHUSETTS OPEN FOR SETTLEMENT
➢ PEOPLE TRIED TO START NEW FARMS
➢ WENT INTO DEBT TO SET THEMSELVES UP.
➢ COULD NOT KEEP THEIR HEADS ABOVE WATER
➢ GOVERNMENT OF MASSACHUSETTS
➢ DIDN’T DO ANYTHING TO RELIEVE THE ECONOMIC PAIN SETTLERS WERE FACING
➢ THEY COULD HAVE:
➢ PASSED PRO-DEBTOR LAWS TO FORGIVE DEBT
➢ PRINT MORE MONEY
➢ INSTEAD: SENT THEIR SHERIFFS OUT
➢ SEIZE FARMS
➢ PUT FARMERS INTO PRISON (LIKE THE DEBTORS PRISONS IN ENGLAND)
➢ CAN’T PAY YOUR DEBT WHILE IN PRISON
(REMEMBER WHY GEORGIA WAS FOUNDED AS A COLONY???)
SITUATION EXPLODES!
ARMED REBELLION DEVELOPS IN THE POST-REVOLUTIONARY UNITED STATES
❑ FARMERS ORGANIZE
❑ CALLED SPECIAL MEETINGS
❑ PROTESTED
❑ SUBMITTED PETITIONS
❑ FINALLY! IN THE FALL OF 1786
❑ FORCE THE COURTS TO CLOSE DOWN
❑ LIBERATE ALL THE DEBTORS FROM PRISON
❑ DANIEL SHAYS TAKES THE LEAD
❑ FORMER CAPTAIN IN THE CONTINENTAL ARMY
❑ SHAYSITES
❑ TAKE OVER THE COURT IN NORTHAMPTON
❑ GOAL: PREVENT THE TRIAL AND IMPRISONMENT OF DEBT-RIDDEN CITIZENS
SAM ADAMS RESPONDS
❑RIOT ACT
❑SUSPENSION OF THE WRIT OF HABEUS CORPUS
❑MILITIA ACT
GOVERNMENT REACTS
GOVERNOR JAMES BOWDOIN
❖ ORGANIZED A MILITARY FORCE MADE UP FROM EASTERN MERCHANTS
❖ CRUSHED THE MOVEMENT IN THE WINTER OF 1786-87
BUT!!!
▪ THE REASONS FOR THE REBELLION REMAINED
▪ SIMILAR ACTIONS TOOK PLACE
▪ MAINE
▪ CONNECTICUT
▪ NEW YORK
▪ PENNSYLVANIA
▪ VOTERS KICKED BOWDOIN OUT OF OFFICE
▪ NATIONAL LEADERS HAD TO ACT TO STOP THESE UNLAWFUL ACTIONS
GEORGE WASHINGTON OFFERS HIS OPINION
IN A LETTER TO GEN. KNOX
(THE HEAD OF ARTILLERY DURING THE WAR AND PART OF THE NEWBUGH CONSPIRACY)
OFFERING CONGRATULATIONS FOR PUTTING DOWN THE INSURRECTION
MOUNT VERNON, FEBRUARY 25, 1787
“SURELY SHAYS MUST BE EITHER A WEAK MAN, THE DUPE OF SOME CHARACTERS
WHO ARE YET BEHIND THE CURTAIN, OR HAS BEEN DECEIVED BY HIS FOLLOWERS. OR WHICH
MAY BE MORE LIKELY, HE DID NOT CONCEIVE THAT THERE WAS ENERGY ENOUGH IN THE GOVERNMENT
TO BRING MATTERS TO THE CRISIS TO WHICH THEY HAVE BEEN PUSHED. IT IS TO BE HOPED THE
GENERAL COURT OF THAT STATE CONCURRED IN THE REPORT OF THE COMMITTEE, THAT A REBELLION
DID ACTUALLY EXIST. THIS WOULD BE DECISIVE, AND THE MOST LIKELY MEANS OF PUTTING THE
FINISHING STROKE TO THE BUSINESS”
SEES IT AS THE FINAL NAIL IN THE COFFIN OF THE ARTICLES OF CONFEDERATION.
(re-cap until 3:30)
THOMAS JEFFERSON OFFERS A DIFFERENT VIEW
IN A LETTER TO JAMES MADISON,
30 JANUARY 1787
“I hold it that a little rebellion now and then is a good thing, and as necessary in the political
world as storms in the physical. Unsuccessful rebellions, indeed, generally establish the
encroachments on the rights of the people which have produced them. An observation of
this truth should render honest republican governors so mild in their punishment of
rebellions as not to discourage them too much. It is a medicine necessary for the sound
health of government.”
THE DEVELOPMENT OF THE
U.S. CONSTITUTION
PURPOSE
EXAMINE THE PHILADELPHIA CONVENTION OF 1787
➢ WHY HAVE THIS MEETING?
➢FRAMERS
➢DECISIONS AT THE START
WHY HAVE IT AT ALL?
SEARCH FOR WAYS TO FIX THE ARTICLES OF CONFEDERATION
MAKE A PLAN
SUBMIT THE PLAN TO CONGRESS FOR APPROVAL
❖CONGRESS THINKS THESE GUYS ARE ADVISORS
❖ATTENDEES HAVE A DIFFERENT IDEA
FRAMERS(DESIGNERS/ WRITERS OF THE CONSTITUTION)
55 DELEGATES ASSEMBLED IN PHILADELPHIA
▪ ALL MEN
▪ MOST YOUNG (AVERAGE AGE 42)
▪ MOST PLAYED A ROLE IN THE REVOLUTION
▪ ¾ HAD SERVED IN CONGRESS
▪ LEADERS OF THEIR STATE
▪ SOME WERE RICH
▪ NONE WERE POOR
▪ NO WOMEN
▪ NO AMERICAN INDIANS
▪ NO AFRICAN-AMERICANS
▪ NONE OF THE POOR REPRESENTED BY SHAYS’S REBELLION
KEY FRAMERS PRESENT
JAMES MADISON
❑ VIRGINIA
❑ “FATHER OF THE CONSTITUTION”
❑ CAME WITH A PLAN
❑ KEPT DETAILED NOTES OF PROCEEDINGS
GEORGE WASHINGTON
❑ VIRGINIA
❑ DIDN’T WANT TO ATTEND
❑ FEARED HIS ABSENCE WOULD SIGNAL LOST FAITH IN THE GOVERNMENT
BENJAMIN FRANKLIN
❑ PENNSYLVANIA
❑ OLD AND IN POOR HEALTH
❑ PRIMARY ROLE: ENCOURAGE EVERYONE TO COOPERATE
GOUVERNEUR MORRIS
❑ NEW YORK
❑ PREPARED FINAL DRAFT (GOOD SPEECHWRITER)
KEY PEOPLE MISSING
THOMAS JEFFERSON--- REPRESENTING THE US IN FRANCE
JOHN ADAMS---REPRESENTING THE US IN ENGLAND
PATRICK HENRY--- REFUSED “I SMELL A RAT”
❑ AGAINST THE IDEA OF A STRONG GOVERNMENT
❑WORKED HARD TO DEFEAT THE CONSTITUTION AFTER THE CONVENTION
RHODE ISLAND REFUSED TO SEND ANYONE!
❑ FIERCELY INDEPENDENT
❑ HOSTILE TO THE WHOLE IDEA
RULES THEY FOLLOWED AT THE BEGINNING
1. TRASH THE ARTICLES OF CONFEDERATION AND WRITE A NEW CONSTITUTION
2. KEEP EVERYTHING A SECRET FOR THIRTY YEARS. WHY?
❑ EXPRESS OPINIONS FREELY
❑ ELIMINATE OUTSIDE INFLUENCE
❑WANTED IT TO BE ACCEPTED.
❑ BETTER CHANCE OF APPROVAL IF PEOPLE DIDN’T KNOW ABOUT THE ARGUMENTS
3. EACH STATE GETS ONE VOTE, REGARDLESS OF SIZE
❑ GET SMALL STATES TO COOPERATE
BASIC IDEAS TO INCLUDE IN THE CONSTITUTION
✓ NATIONAL GOVERNMENT SHOULD BE CONSTITUTIONAL
✓ LIMITED POWERS
✓ PURPOSE
✓ PROTECT FUNDAMENTAL RIGHTS
✓ PROMOTE COMMON GOOD
✓ STRONG NATIONAL GOVERNMENT TO PROTECT FUNDAMENTAL RIGHTS
✓ REPUBLICAN FORM OF GOVERNMENT
✓ ELECTED REPRESENTATIVES
✓ SERVE THE COMMON GOOD
✓ SYSTEM TO PREVENT ABUSE OF POWER
✓ SEPARATION OF POWERS
✓ CHECKS AND BALANCES
QUICK REVIEW: KEEP IT FOCUSED
➢ WHAT DID CONGRESS ASK THE DELEGATES TO DO? FIX THE ARTICLES OF CONFEDERATION
➢ DID THE DELEGATES DO WHAT THEY WERE ASKED? NO, THEY DESIGNED A NEW CONSTITUTION
➢ HOW WERE THE DELEGATES REPRESENTATIVE OF THE AMERICAN PEOPLE? LEADERS OF THEIR STATES,
YOUNGER
MEN
SOME RICH
SERVED IN THE REVOLUTION
MOST SERVED IN CONGRESS
➢ IN WHAT WAYS DID THE DELEGATES NOT REPRESENT AMERICANS? NO WOMEN
NO AFRICAN-AMERICANS
NO POOR
NO AMERICAN INDIANS
MORE REVIEW!
➢ WHAT RULES DID THEY MAKE AT THE CONVENTION?
➢ WRITE A NEW CONSTITUTION
➢ KEEP A RECORD BUT KEEP IT SECRET FOR 30 YEARS
➢ EACH STATE GOT ONE VOTE
➢ WHAT BASIC IDEAS DID THE FRAMERS AGREE SHOULD BE IN A NEW CONSTITUTION?
➢ CONSTITUTIONAL GOVERNMENT WITH LIMITED POWERS
➢ PROTECT FUNDAMENTAL RIGHTS
➢ STRONG NATIONAL GOVERNMENT FOR THAT PROTECTION
➢ REPUBLICAN FORM WITH ELECTED REPRESENTATIVES
➢ SEPARATION OF POWERS AND CHECKS AND BALANCES
UNDERSTAND THE KEY CONCEPTS
❑ WRIT OF HABEAS CORPUS
❑ ELECTORAL COLLEGE
❑ ENUMERATED POWERS
❑ GREAT COMPROMISE
❑ JURISDICTION
❑ 3/5 COMPROMISE
❑ SUPREMACY CLAUSE
❑ EX POST FACTO LAW
❑ BILL OF ATTAINDER
❑ SPENDING CLAUSE
❑ IMPEACHMENT
❑ NECESSARY AND PROPER CLAUSE
❑ PROPORTIONAL REPRESENTATION
❑ EQUAL REPRESENTATION
WRIT OF HABEAS CORPUS
“The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion
or Invasion the public Safety may require it.”
Imported into our Constitution from England
The writ of habeas corpus, or the "Great Writ,"
▪ is an order by a common-law court to require a person holding a prisoner to demonstrate
the legal and jurisdictional basis for continuing to hold the prisoner.
▪ If there is no legal basis for detention or incarceration, the court orders the release of the prisoner.
SIMPLE AS THAT: CAN’T BE KEPT IN PRISON JUST BECAUSE……
UNDERSTAND THE KEY CONCEPTS
✓ WRIT OF HABEAS CORPUS
❑ ELECTORAL COLLEGE
❑ ENUMERATED POWERS
❑ GREAT COMPROMISE
❑ JURISDICTION
❑ 3/5 COMPROMISE
❑ SUPREMACY CLAUSE
❑ EX POST FACTO LAW
❑ BILL OF ATTAINDER
❑ SPENDING CLAUSE
❑ IMPEACHMENT
❑ NECESSARY AND PROPER CLAUSE
❑ PROPORTIONAL REPRESENTATION
❑ EQUAL REPRESENTATION
ELECTORAL COLLEGE
❑ PROCESS NOT A PLACE!
❑ ESTABLISHED IN THE CONSTITUTION
❑ COMPROMISE BETWEEN
❑ ELECTION BY CONGRESS
❑ POPULAR VOTE OF CITIZENS
❑ PROCESS
❑ SELECTION OF ELECTORS IN EACH STATE: 538 TOTAL
❑ 435 REPRESENTATIVES
❑ 100 SENATORS
❑ 3 FOR WASHINGTON D.C. (23d AMENDMENT)
❑ ELECTORS MEET TO VOTE (BASED ON POPULAR VOTE): 19 DEC 2016
❑ CONGRESS COUNTS THE VOTES
❑ 270 NEEDED TO BECOME PRESIDENT
❑ PRESIDENT OF THE SENATE ANNOUNCES THE WINNER: 6 JANUARY 2017
.
*****MAINE AND NEBRASKA
▪ Congressional District Method
▪ STATE DIVIDES INTO
DISTRICTS
▪ WINNER OF THE
DISTRICT GETS THE
VOTE
▪ WINNER OF THE STATE
▪ GETS REMAINING 2
VOTES
(SINCE IMPLEMENTED, NEITHER
STATE HAS EVER SPLIT THEIR
VOTE)
EXCEPTION TO THE RULE!!!
UNDERSTAND THE KEY CONCEPTS
✓ WRIT OF HABEAS CORPUS
✓ ELECTORAL COLLEGE
❑ ENUMERATED POWERS
❑ GREAT COMPROMISE
❑ JURISDICTION
❑ 3/5 COMPROMISE
❑ SUPREMACY CLAUSE
❑ EX POST FACTO LAW
❑ BILL OF ATTAINDER
❑ SPENDING CLAUSE
❑ IMPEACHMENT
❑ NECESSARY AND PROPER CLAUSE
❑ PROPORTIONAL REPRESENTATION
❑ EQUAL REPRESENTATION
ENUMERATED POWERS
The enumerated powers are a list of items found in Article I, Section 8 of the U.S. Constitution
that set forth the authority of Congress. In summary, Congress may exercise the powers that
the Constitution grants it, subject to the individual rights listed in the Bill of Rights.
❑ Lay and collect taxes, duties, imposts and excises : TAX
❑ To pay the debts : PAY BILLS
❑ Provide for the common defense and general welfare of the United States: DEFEND THE COUNTRY
(all duties, imposts and excises shall be uniform throughout the United States)
❑ To borrow money on the credit of the United States: BORROW $$$$
❑ To regulate commerce with foreign nations, and among the several states, and with the Indian tribes: TRADE
❑ To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies
throughout the United States FIGURE OUT WHO’S A CITIZEN, WHAT TO DO IF BUSINESS FAILS
❑ To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures:$$
❑ To provide for the punishment of counterfeiting the securities and current coin of the United States:
PUNISH COUNTERFEITERS
CONTINUING ON NEXT PAGE!!!
ENUMERATED POWERS (CONT’D)
❑ To establish post offices and post roads: TAKE CARE OF THE MAIL❑ To promote the progress of science and useful arts: PROTECT SCIENCE AND THE ARTS❑ To constitute tribunals inferior to the Supreme Court: COURT OF JUSTICE BELOW SC❑ To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations: PIRATES❑ To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water DECLARE WAR❑ To raise and support armies
❑ No appropriation of money to that use shall be for a longer term than two years** RAISE AN ARMY BUT WATCH IT❑ To provide and maintain a navy GOT TO PROTECT SHORES❑ To make rules for the government and regulation of the land and naval forces MILITARY LAWS❑ To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions: KEEP SAFE❑ To provide for organizing, arming, and disciplining, the militia FIGURE OUT HOW MILITIA RUNS❑ To exercise exclusive legislation in all cases whatsoever, over WASHINGTON D.C.❑ To make all laws which shall be necessary and proper for carrying into execution the foregoing powers
and all other powers vested by this Constitution LAWS TO DO THE JOB
UNDERSTAND THE KEY CONCEPTS
✓ WRIT OF HABEAS CORPUS
✓ ELECTORAL COLLEGE
✓ ENUMERATED POWERS
❑ GREAT COMPROMISE
❑ JURISDICTION
❑ 3/5 COMPROMISE
❑ SUPREMACY CLAUSE
❑ EX POST FACTO LAW
❑ BILL OF ATTAINDER
❑ SPENDING CLAUSE
❑ IMPEACHMENT
❑ NECESSARY AND PROPER CLAUSE
❑ PROPORTIONAL REPRESENTATION
❑ EQUAL REPRESENTATION
THE GREAT COMPROMISE
WHY DID WE NEED THIS?
❖ THE BIG STATES WANTED REPRESENTATION BASED ON POPULATION
(VIRGINIA PLAN: WRITTEN BY JAMES MADISON, PRESENTED BY GOV. RANDOLPH)
❑ THREE BRANCHES OF GOVERNMENT (CHECKS AND BALANCES TO PREVENT ABUSE OF POWER)
❑ PRESIDENT (CHOSEN BY LEGISLATURE)
❑ JUDICIAL (CHOSEN BY LEGISLATURE)
❑ LEGISLATURE
❑ TWO HOUSES (BICAMERAL)
❑ ONE HOUSE REPRESENTED BY PEOPLE OF THE STATE FOR 3 YEAR TERMS.
❑ ONE HOUSE OF OLDER MEN ELECTED BY STATE LEGISLATURES FOR 7 YEAR TERMS
❑ BOTH HOUSES USE POPULATION TO DIVIDE SEATS AMONG THE STATES.
❖ THE SMALL STATES WANTED EQUAL REPRESENTATION
(NEW JERSEY PLAN)
❑ ONE VOTE PER STATE
BASIC ISSUE: LITTLE STATES THOUGHT THEY WOULD BE OVERRULED BY BIG STATES
UNDER THE VIRGINIA PLAN
BIG STATES THOUGHT THOSE WITH MORE PEOPLE SHOULD HAVE MORE SAY
NEW JERSEY PLAN
PROPOSED BY WILLIAM PATTERSON AS A REBUTTAL TO THE VIRGINIA PLAN
➢ WANTED TO RE-SHAPE THE ARTICLES OF CONFEDERATION
➢ ONE HOUSE WITH ONE VOTE PER STATE
➢ EXECUTIVE SELECTED BY AND REMOVABLE BY THE LEGISLATURE
➢ THERE WAS ONE GOOD IDEA
➢ ANY LAWS PASSED BY THE LEGISLATURE AND ALL TREATIES TAKE PRECEDENCE
➢ STATE COURTS BOUND TO ENFORCE THE LAWS PASSED BY THE LEGISLATURE
REGARDLESS OF ANY STATE LAWS TO THE CONTRARY
SUPREME LAW OF THE LAND
WHAT TO DO?????
LARGE STATES (POPULATION) WANTED THE VIRGINIA PLAN
❑ VIRGINIA
❑ NEW YORK
❑ PENNSYLVANIA
❑ MASSACHUSETTS
❑ NORTH CAROLINA (SLAVES)
❑ SOUTH CAROLINA (SLAVES)
❑ GEORGIA (SLAVES)
SMALL STATES WANTED THE NEW JERSEY PLAN
❑ NEW JERSEY
❑ NEW HAMPSHIRE
❑ DELAWARE
❑ MARYLAND
❑ CONNECTICUT
DON’T FORGET
GREAT COMPROMISE
ALSO KNOWN AS THE CONNECTICUT COMPROMISE
❖The most famous compromise
❖A bicameral (two houses) Congress
❖House of Representatives
❖Representation based on population of the State
❖Senate
❖Two Representatives for each State.
UNDERSTAND THE KEY CONCEPTS
✓ WRIT OF HABEAS CORPUS
✓ ELECTORAL COLLEGE
✓ ENUMERATED POWERS
✓ GREAT COMPROMISE
❑ JURISDICTION
❑ 3/5 COMPROMISE
❑ SUPREMACY CLAUSE
❑ EX POST FACTO LAW
❑ BILL OF ATTAINDER
❑ SPENDING CLAUSE
❑ IMPEACHMENT
❑ NECESSARY AND PROPER CLAUSE
❑ PROPORTIONAL REPRESENTATION
❑ EQUAL REPRESENTATION
JURISDICTION
The practical authority granted to a legal body to
administer justice within a defined area of responsibility
❑ JURISDICTION APPLIES TO AUTHORITIES AT:
❑ Local
❑ State
❑ Federal
UNDERSTAND THE KEY CONCEPTS
✓ WRIT OF HABEAS CORPUS
✓ ELECTORAL COLLEGE
✓ ENUMERATED POWERS
✓ GREAT COMPROMISE
✓ JURISDICTION
❑ 3/5 COMPROMISE
❑ SUPREMACY CLAUSE
❑ EX POST FACTO LAW
❑ BILL OF ATTAINDER
❑ SPENDING CLAUSE
❑ IMPEACHMENT
❑ NECESSARY AND PROPER CLAUSE
❑ PROPORTIONAL REPRESENTATION
❑ EQUAL REPRESENTATION
3/5 COMPROMISE
FREE STATES DO NOT WANT SLAVES COUNTED AS CITIZENS
❑ WANT SLAVERY ABOLISHED ALL TOGETHER
❑ WANT SLAVES TO COUNT FOR TAXATION ONLY!
❑ SUCCESSFUL IN BANNING IMPORTATION OF SLAVES AFTER 20 YEARS
SLAVE STATES WANT SLAVES COUNTED AS PEOPLE
❑ MORE PEOPLE MORE REPRESENTATIVES
❑ MORE REPRESENTATIVES MEANS THEY CAN KEEP SLAVERY
➢ POSSIBLE OUTCOME: LOSE THE SOUTH AND END UP WITH TWO COUNTRIES
➢ HAVE TO PROTECT THE RIGHTS OF FREE BLACKS LIVING IN THE STATES BOTH NORTH AND SOUTH
SO, COMPROMISE TO SATISFY BOTH SIDES: 3/5 OF “ALL OTHER PERSONS” WITHOUT SPECIFYING RACE.
FEDERALIST #54: THE LAWS UNDER WHICH WE LIVE HAVE TRANSFORMED BLACKS INTO SLAVES AND IF
THE LAW RESTORES THEIR RIGHTS AS CITIZENS THEY COULD NO LONGER BE DENIED THEIR EQUAL
SHARE OF REPRESENTATION WITH FELLOW INHABITANTS------ JAMES MADISON
UNDERSTAND THE KEY CONCEPTS
✓ WRIT OF HABEAS CORPUS
✓ ELECTORAL COLLEGE
✓ ENUMERATED POWERS
✓ GREAT COMPROMISE
✓ JURISDICTION
✓ 3/5 COMPROMISE
❑ SUPREMACY CLAUSE
❑ EX POST FACTO LAW
❑ BILL OF ATTAINDER
❑ SPENDING CLAUSE
❑ IMPEACHMENT
❑ NECESSARY AND PROPER CLAUSE
❑ PROPORTIONAL REPRESENTATION
❑ EQUAL REPRESENTATION
SUPREMACY CLAUSE
“This Constitution, . . .shall be the SUPREME LAW OF THE LAND; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”
Article VI
➢ The core message of the Supremacy Clause is simple: the Constitution and federal laws
(of the types listed in the first part of the Clause) take priority over any conflicting rules of state law.
➢ This includes any Treaties made under the authority of the United States. If something in the
Constitution is contrary to a Treaty; the Treaty takes precedence! BUT…
➢ Subject to limits found elsewhere in the Constitution➢ Treaties can set rules of decision for American courts.➢ Includes federal statutes enacted by Congress (within their limits).
UNDERSTAND THE KEY CONCEPTS
✓ WRIT OF HABEAS CORPUS
✓ ELECTORAL COLLEGE
✓ ENUMERATED POWERS
✓ GREAT COMPROMISE
✓ JURISDICTION
✓ 3/5 COMPROMISE
✓ SUPREMACY CLAUSE
❑ EX POST FACTO LAW
❑ BILL OF ATTAINDER
❑ SPENDING CLAUSE
❑ IMPEACHMENT
❑ NECESSARY AND PROPER CLAUSE
❑ PROPORTIONAL REPRESENTATION
❑ EQUAL REPRESENTATION
EX POST FACTO LAW
Law that retroactively alters a defendant's rights ESPECIALLY:
➢ By criminalizing and imposing punishment for an act that was not criminal or punishable
at the time it was committed
➢ By increasing the severity of a crime from its level at the time the crime was committed
➢ By increasing the punishment for a crime from the punishment imposed
at the time the crime was committed
➢ By taking away from the protections afforded the defendant by the law
as it existed when the act was committed
NOTE: Ex post facto laws are prohibited by Article I, Section 9 of the U.S. Constitution.
UNDERSTAND THE KEY CONCEPTS
✓ WRIT OF HABEAS CORPUS
✓ ELECTORAL COLLEGE
✓ ENUMERATED POWERS
✓ GREAT COMPROMISE
✓ JURISDICTION
✓ 3/5 COMPROMISE
✓ SUPREMACY CLAUSE
✓ EX POST FACTO LAW
❑ BILL OF ATTAINDER
❑ SPENDING CLAUSE
❑ IMPEACHMENT
❑ NECESSARY AND PROPER CLAUSE
❑ PROPORTIONAL REPRESENTATION
❑ EQUAL REPRESENTATION
BILL OF ATTAINDER
A Bill of Attainder is prohibited by Article I, Section 9, Clause 3
of the Constitution
• Deprives the person or persons singled out for punishment
of the safeguards of a trial by jury.
• Legislative act which declares a named person guilty of a crime,
particularly treason.
(FIRST IMPLEMENTED BY KING HENRY VIII IN 1542 TO EXECUTE POLITICAL ENEMIES)
UNDERSTAND THE KEY CONCEPTS
✓ WRIT OF HABEAS CORPUS
✓ ELECTORAL COLLEGE
✓ ENUMERATED POWERS
✓ GREAT COMPROMISE
✓ JURISDICTION
✓ 3/5 COMPROMISE
✓ SUPREMACY CLAUSE
✓ EX POST FACTO LAW
✓ BILL OF ATTAINDER
❑ SPENDING CLAUSE
❑ IMPEACHMENT
❑ NECESSARY AND PROPER CLAUSE
❑ PROPORTIONAL REPRESENTATION
❑ EQUAL REPRESENTATION
GENERAL WELFARE CLAUSE
Spending under the clause be for the "general" (that is, national) welfare and not for purely local or regional benefit.
“The Congress shall have Power To lay and collect Taxes, Duties,
Imposts and Excises, to pay the Debts and provide for the common
Defence and general Welfare of the United States....”
Article I, Section 8, Clause 1
COMMONLY KNOWN AS THE
“SPENDING CLAUSE”
SPENDING CLAUSE
SOURCE OF CONGRESSIONAL AUTHORITY
✓ LEVY (IMPOSE) TAXES
✓ PAY THE DEBTS OF THE UNITED STATES
✓ PROVIDE FOR COMMON DEFENSE AND GENERAL WELFARE***
BUT THEY’VE BEEN ARGUING ABOUT IT FOR 200+ YEARS
❑ SHOULD BE EXPANSIVE AS LONG AS EQUAL AMONG STATES (HAMILTON)
❑ NOT SUPPOSED TO BE LOCAL OR REGIONAL BENEFIT (MONROE)
❑ ONLY SPEND ON THINGS THAT ARE IN THE ENUMERATED POWERS (JEFFERSON AND MADISON)
***TODAY, CONGRESS THINKS THE “GENERAL WELFARE” MEANS
THEY CAN SPEND
ON ANYTHING THEY FEEL IS HELPFUL.
UNDERSTAND THE KEY CONCEPTS
✓ WRIT OF HABEAS CORPUS
✓ ELECTORAL COLLEGE
✓ ENUMERATED POWERS
✓ GREAT COMPROMISE
✓ JURISDICTION
✓ 3/5 COMPROMISE
✓ SUPREMACY CLAUSE
✓ EX POST FACTO LAW
✓ BILL OF ATTAINDER
✓ SPENDING CLAUSE
❑ IMPEACHMENT
❑ NECESSARY AND PROPER CLAUSE
❑ PROPORTIONAL REPRESENTATION
❑ EQUAL REPRESENTATION
IMPEACHMENT
The House of Representatives...shall have the sole Power of Impeachment.
Article I, Section 2, Clause 5
❑ REMOVAL FROM OFFICE FOR WRONGDOING
❑ PRESIDENT
❑ VICE-PRESIDENT
❑ ALL CIVIL OFFICERS OF THE UNITED STATES
❑ JUDGES
❑ HOUSE OF REPRESENTATIVES VOTES FOR IMPEACHMENT
❑ TRIAL IS CONDUCTED BY THE SENATE
❑ VICE-PRESIDENT PRESIDES OVER ALL TRIALS BUT HIS OWN AND THE PRESIDENT
❑ CHIEF JUSTICE PRESIDES FOR PRESIDENT AND VICE-PRESIDENT
❑ HOUSE APPOINTS MEMBERS TO PROSECUTE
PART OF THE SYSTEM OF CHECKS AND BALANCES
UNDERSTAND THE KEY CONCEPTS
✓ WRIT OF HABEAS CORPUS
✓ ELECTORAL COLLEGE
✓ ENUMERATED POWERS
✓ GREAT COMPROMISE
✓ JURISDICTION
✓ 3/5 COMPROMISE
✓ SUPREMACY CLAUSE
✓ EX POST FACTO LAW
✓ BILL OF ATTAINDER
✓ SPENDING CLAUSE
✓ IMPEACHMENT
❑ NECESSARY AND PROPER CLAUSE
❑ PROPORTIONAL REPRESENTATION
❑ EQUAL REPRESENTATION
NECESSARY AND PROPER CLAUSE
“The Congress shall have Power To ...make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”
Article I, Section 8, Clause 18
It was written to serve two great purposes.➢ The first was to facilitate organization of the government
➢ Empowering Congress to organize the judicial branch (seeArticle I, Section 8, Clause 9).➢ Establish executive departments➢ Determine the size of the Supreme Court➢ Allocate power among Federal Courts.
➢ The second was to help effectuate the other enumerated powers of Congress.(more significant)➢ Enact laws that are appropriate➢ Enforcement clause for Amendments
➢ NOTE: CONGRESS CAN’T ENACT LAWS THEY SIMPLY THINK ARE “REASONABLE”
UNDERSTAND THE KEY CONCEPTS
✓ WRIT OF HABEAS CORPUS
✓ ELECTORAL COLLEGE
✓ ENUMERATED POWERS
✓ GREAT COMPROMISE
✓ JURISDICTION
✓ 3/5 COMPROMISE
✓ SUPREMACY CLAUSE
✓ EX POST FACTO LAW
✓ BILL OF ATTAINDER
✓ SPENDING CLAUSE
✓ IMPEACHMENT
✓ NECESSARY AND PROPER CLAUSE
❑ PROPORTIONAL REPRESENTATION
❑ EQUAL REPRESENTATION
PROPORTIONAL REPRESENTATION
Representatives are apportioned in a manner roughly equal to population.
➢ Congressional districts are equal in population "as nearly as is practicable."
➢ The Constitutional Convention favored representation according to population.➢ Broken down over time into districts
➢ Selection by the people necessary ➢ Links citizens directly to the national government ➢ Prevents the states from overpowering the central authority.
Article I, Section 2, secured direct popular election of the House
.
UNDERSTAND THE KEY CONCEPTS
✓ WRIT OF HABEAS CORPUS
✓ ELECTORAL COLLEGE
✓ ENUMERATED POWERS
✓ GREAT COMPROMISE
✓ JURISDICTION
✓ 3/5 COMPROMISE
✓ SUPREMACY CLAUSE
✓ EX POST FACTO LAW
✓ BILL OF ATTAINDER
✓ SPENDING CLAUSE
✓ IMPEACHMENT
✓ NECESSARY AND PROPER CLAUSE
✓ PROPORTIONAL REPRESENTATION
❑ EQUAL REPRESENTATION
EQUAL REPRESENTATION
ALL STATES HAVE AN EQUAL SAY IN THE SENATE
TO PREVENT LARGER STATES FROM FORCING POLICIES
ON THE SMALLER STATES
CONNECTICUT COMPROMISE
UNDERSTAND THE KEY CONCEPTS
✓ WRIT OF HABEAS CORPUS
✓ ELECTORAL COLLEGE
✓ ENUMERATED POWERS
✓ GREAT COMPROMISE
✓ JURISDICTION
✓ 3/5 COMPROMISE
✓ SUPREMACY CLAUSE
✓ EX POST FACTO LAW
✓ BILL OF ATTAINDER
✓ SPENDING CLAUSE
✓ IMPEACHMENT
✓ NECESSARY AND PROPER CLAUSE
✓ PROPORTIONAL REPRESENTATION
✓ EQUAL REPRESENTATION
WORDS IN POLITICS NICE TO KNOW
IMPLEMENT BA SUBORDINATE FILLIBUSTER REBUTTAL MA/MS APPORTION JURISDICTION
RETROACTIVE SPECIAL PROSECUTOR CONFIRMATION PhD. Ed.D ACCESSION SPEAKER OF THE HOUSE INCUMBENT
WHIP ENUMERATED VALIDITY COMMERCE ABSENTEE BALLOT MAJORITY LEADER CENSURE
- MAJORITY -
-MINORITY
BI-CAMERAL/ UNICAMERAL FISCAL INFRASTRUCTURE CONSTITUENT IMPLIED PARTISAN/ BI-PARTISAN
APPROPRIATIONS EQUITY INVESTMENT BANKER GOLDMAN SACHS PUBLIC POLICY REVENUE
GDP/ GNP LAME DUCK STRATEGIC CAUCUS PUNDIT LOBBYIST PLATFORM REFERENDUM PRIMARY
THE MEAT ON THE CONSTITUTIONAL BONE
BASIC CONCEPT: THREE BRANCHES OF GOVERNMENT
PREAMBLE
SETS THE TONE FOR WHAT FOLLOWS
▪ “WE THE PEOPLE”
▪ FORM A UNION THAT IS MORE PERFECT THAN BEFORE
▪ PROVIDE FOR THE PEOPLE
▪ JUSTICE
▪ DOMESTIC TRANQUILITY
▪ COMMON DEFENSE
▪ GENERAL WELFARE
▪ SECURE LIBERTY FOR ALL FOREVER
▪ ESTABLISH THIS DOCUMENT AS LAW OF THE LAND
ARTICLE ILEGISLATIVE BRANCH
SECTION 1: CONGRESS MAKES THE LAWS THROUGH TWO HOUSES
➢ SENATE
➢ HOUSE OF REPRESENTATIVES
SECTION 2: HOUSE OF REPRESENTATIVES
▪ ESTABLISHES QUALIFICATIONS AND TERMS
▪ LENGTH OF OFFICE
▪ AGE
▪ RESIDENCE
▪ POPULATION REQUIREMENTS
▪ POWER OF IMPEACHMENT
▪ 3/5TH COMPROMISE
▪ Another explanation
SECTION 3: SENATE
▪ TWO PER STATE
▪ 1/3 EVERY TWO YEARS
▪ AGE
▪ RESIDENCE
▪ TRIAL FOR IMPEACHMENTS
▪ VICE-PRESIDENT IS “PRESIDENT” OF THE SENATE
ARTICLE I (CONT’D)
SECTION 4: TIME AND PLACE OF ELECTIONS FOR BOTH HOUSES
SECTION 5: RULES FOR EACH HOUSE
❑ SET THEIR OWN RULES
❑ VERIFIES QUALIFICATIONS OF THOSE ELECTED
❑ DECIDES MEETING SIZE
❑ PUNISHMENT FOR WAYWARD MEMBERS
❑ KEEP RECORDS
❑ COORDINATE WITH EACH OTHER FOR RECESS
SECTION 6: COMPENSATION AND PROTECTION
▪ SALARY
▪ PROTECTED FROM ARREST WHILE WORKING
▪ GOING TO CONGRESS
▪ LEAVING TO GO HOME
▪ ONLY JOB YOU HAVE!!!!!!!!!!!!!!!!!
ARTICLE I (CONT’D)
SECTION 7: REVENUE GENERATION
❑ STARTS IN HOUSE
❑ SENATE CAN AMEND
❑ BILLS GO TO THE PRESIDENT TO BE ENACTED
❑ SIGN
❑ VETO WITH OBJECTIONS NOTED
❑ 2/3 VOTE BY BOTH HOUSES TO OVERRIDE VETO
❑ 10 DAY RULE
❑ PRESIDENT LETS IT SIT ON HIS DESK IT BECOMES LAW
❑ IF CONGRESS ADJOURNS BEFORE THE 10 DAYS, NOT LAW
❑ ALL LAWS GO TO PRESIDENT
❑ PRESIDENT DOES NOT DECIDE ADJOURNMENT
SECTION 8: THE POWERS OF THE CONGRESS
❑ ENUMERATED POWERS (SPECIFIC)
❑ OVERSIGHT OF WASHINGTON D.C.
❑ IMPLIED POWERS
SECTION 9: WHAT THE CONGRESS CAN NOT DO
SECTION 10: WHAT STATES CAN NOT DO
ARTICLE IIEXECUTIVE BRANCH
SECTION I:
❑ PRESIDENT
❑ TERM
❑ HOW ELECTED
❑ ELECTORAL COLLEGE
❑ QUALIFICATIONS
❑ RESIDENCE
❑ AGE
❑ CITIZENSHIP
❑ COMPENSATION
❑ THE OATH HE/SHE TAKES
SECTION 2:
❑ COMMANDER-IN-CHIEF OF ARMED FORCES
❑ POWER TO GRANT PARDONS AND REPRIEVES
❑ POWER TO MAKE TREATIES (WITH ADVICE AND CONSENT OF SENATE)
❑ APPOINTS AMBASSADORS, JUDGES, ALL OTHERS NOT OTHERWISE PRESCRIBED
❑ FILL VACANCIES DURING CONGRESSIONAL RECESS
SECTION 3:
❑ ADDRESS THE STATE OF THE UNION
❑ CALL INTO SESSION OR ADJOURN
❑ ENFORCES THE LAW
❑ MEETS WITH FOREIGN REPRESENTATIVES
SECTION 4: IMPEACHMENT PROCEEDING
ARTICLE IIIJUDICIAL BRANCH
SECTION 1:
❑ ESTABLISHES THE SUPREME COURT
❑ OTHER COURTS THE CONGRESS THINKS IS NECESSARY
❑ TERM OF OFFICE: LIFE
❑ COMPENSATION
SECTION 2:
❑ SCOPE
❑ LAWS OF UNITED STATES
❑ TREATIES
❑ ALL CONTROVERSIES THE UNITED STATES MAY BE INVOLVED IN.
❑ RULE OVER AMBASSADORS, MINISTERS, AND CONSULS
❑ TRIAL BY JURY EXCEPT IMPEACHMENT
SECTION 3:
❑ RULES FOR TREASON
❑ TREASON DOES NOT EXTEND TO FUTURE GENERATIONS
ARTICLE IVSTATES, CITIZENSHIP, NEW STATES
SECTION 1:
❑ FULL FAITH AND CREDIT BETWEEN STATES
❑ PUBLIC ACTS
❑ RECORDS
❑ JUDICIAL PROCEEDINGS
SECTION 2:
❑ CITIZENSHIP BENEFITS ACROSS STATE LINES
❑ EXTRADITION FOR CRIMES
SECTION 3:
❑ NEW STATES
❑ TERRITORIAL LIMITS (CAN NOT FORM FROM EXISTING STATE WITHOUT CONSENT)
❑ CONGRESS MAKES RULES FOR TERRITORY THEY OWN
SECTION 4:
❑ GUARANTEE REPUBLICAN FORM OF GOVERNMENT
❑ PROTECT STATE FROM FOREIGN AND DOMESTIC THREATS
ARTICLE VAMENDMENT PROCESS
❑ 2/3 OF BOTH HOUSES MUST PROPOSE ANY NEW AMENDMENTS
OR
❑ APPLICATION OF 2/3 OF THE STATE LEGISLATURES CALL A CONVENTION TO PROPOSE AMENDMENTS
❑ IN EITHER CASE THEN ¾ OF STATES OR ¾ IN STATE CONVENTIONS NEEDED FOR IT TO BE APPROVED
❑ (NO AMENDMENTS PRIOR TO 1808)
❑ REGARDING 1ST AND 4TH CLAUSES OF SECTION 9, ARTICLE I.
❑ SLAVERY
❑ TAXATION BASED ON CENSUS
❑ NO STATE CAN BE DENIED THE RIGHT TO VOTE ON AN AMENDMENT
ARTICLE VIDEBTS, SUPREMACY, OATHS, RELIGIOUS
TESTS
❑ ALL DEBTS ACCRUED BEFORE THE CONSTITUTION ARE VALID
❑ CONSTITUTION AND TREATIES ARE THE SUPREME LAW OF THE LAND
❑ JUDGES IN EACH STATE MUST COMPLY
❑ OVERRULES STATE LAW
❑ ALL MEMBERS OF STATE AND FEDERAL OFFICES ARE BOUND
TO SUPPORT THE CONSTITUTION BY OATH OR AFFIRMATION
❑ NO RELIGIOUS TEST EVER REQUIRED
ARTICLE VIIRATIFICATION
ONCE NINE STATES RATIFY THIS CONSTITUTION IT
GOES INTO EFFECT
THAT’S ALL THERE IS TO IT
WAS SIND IHRE FRAGEN
(WHAT ARE YOUR QUESTIONS)
AND NOW, THE AMENDMENTS
THE FIRST TEN ARE KNOWN COLLECTIVELY
AS THE BILL OF RIGHTS
WHERE ARE WE GOING?
▪ Examine your home-grown Constitutions
▪ Discuss the problems doing it from scratch
▪ Look at the First Government of the United States▪ Objective
▪ Problems
▪ Issues
▪ Solutions
▪ End of the experiment
▪ Developing the Constitution
▪ Selling the Constitution to the people
PREVIOUS YEARS STUDENT DEVELOPED CONSTITUTIONS
TYPES OF GOVERNMENTS DEVELOPED
• MONARCHY
• OLIGARCHY
• DEMOCRACY
• REPUBLIC
• DICTATORSHIP
• ANARCHY
ISSUES UNCOVERED WHILE PLANNING
• ORGANIZATION
• LAWS
• ENFORCEMENT
• INTERACTION AMONG TEAM PLAYERS
• STRONG ARM?
• COMPLIANCE?
• APATHY?
SO, WHAT’S THE BEST OPTION?
ASK THESE QUESTIONS:
❑WILL IT LAST?
❑IS IT LOGICAL?
❑IS IT FAIR?
❑CAN IT GROW WITH THE TIMES?
❑CAN THE PEOPLE LIVE WITH IT?
❑DOES IT DO EVERYTHING IT WAS DESIGNED TO DO?
❑WILL IT WORK ON THE INTERNATIONAL STAGE?
YOUR NEXT QUIZ ENDS HERE!
❖ EVERYTHING WE HAVE DONE UP TO THIS POINT
WILL BE THE SUBJECT OF YOUR NEXT QUIZ
❖ THE CONSTITUTION ITSELF WILL BE TREATED
SEPARATELY
❖ QUESTIONS?
❖ YES, I’LL MAKE A STUDY STACK, BUT…
❖ YOUR GAMES NEED TO REFLECT WHAT WE ARE
DOING.
