Weaknesses of the Articles of Confederation

and how US Constitution corrected them

Weaknesses of the Articles of Confederation

Weaknesses

No power to tax

No national executive

Unicameral legislature

No judicial/national court

No checks & balances!

Result

No money

Federal laws not enforced

One vote per state unequal representation

Problems with interstate relations

Weaknesses of the Articles of Confederation

Weaknesses

No regulation of commerce

No power to maintain army

States more power than national gov’t

Need 9/13 to pass a law & unanimous consent to

amend

Results

Economic quarrels among states & foreign trade hurt

No national defense

Almost no unity among states

Impossible to accomplish

Other Problems under Articles of Confederation

States were issuing their own paper money but inflation soon made it worthless

Nat’l government couldn’t settle disputes between states

Post war depression hurt small businesses and farmers which left farmers unable to pay debts.

In Mass. farmers attacked courthouses to prevent judges from foreclosing on farmers – Shay’s Rebellion

SHAYS’ REBELLION

Angry farmers in Mass. took law into their own hands- violated property rights of others

Congress had no real power to help stop the rebellion

This caused concern by property owners in other states

Led to calling of a convention to revise the Articles of Confederation

The Constitutional Convention

started May 25, 1787 met at Independence Hall, Philadelphia An extraordinary group of delegates

55 men Well-educated Lawyers, merchants, college presidents, doctors, generals,

governors, and planters with considerable political experience

Rhode Island did not go…they did not want a stronger central government

The Boss Who was chosen to

preside over the convention?

George Washington Respected for his

leadership during the Rev. War

http://richmondthenandnow.com/Images/Famous-Visitors/George-Washington-big.jpg

Procedures of the Convention

• Each state was only allowed one vote

• Majority votes from all states made decisions

• All discussions were a secret! Why…??

This way, delegates could speak freely, without worry about how the public would react

Two Opposing Plans

VS.

Virginia Plan vs. New Jersey Plan

The Virginia Plan

presented by James Madison

called for 3 branches of government

bicameral Congress (2 houses), both

determined by population

Favored big states b/c of population

The New Jersey Plan

presented by William Patterson

also called for 3 branches of gov’t

Unicameral legislature (1 house) with equal representation for each state

favored by smaller states b/c equal

The GREAT COMPROMISERoger Sherman of Connecticut comes up with the solution… a compromise to please large & small states Lower House

House of Representatives Determined by population 2 year term of office Favored larger states

Upper House– Senate– Equal representation (2 from each state)– 6 year term of office– Favored smaller states

also known as the Connecticut Compromise

use of population to determine representation led to another debate

• How will slaves be counted in population?• at that time, there were 550,000 slaves

mostly in the South

• Southern states wanted slaves counted to increase their population & reps in Congress

• Northern states did not want slaves counted since they were not citizens

3/5 COMPROMISE

Conflict over counting slaves in population was settled by 3/5 Compromise

Every 5 slaves would count as only 3 people

This formula was used for determining representation in Congress & figuring taxes

HOW TO CHOOSE THE PRESIDENT?

• Selecting the Chief Executive also created debate at the Convention

• Some delegates felt Congress should choose President• What’s wrong with this plan?

• Others felt vote of all citizens should choose President• What’s wrong with this plan?

Finally compromised by creating the Electoral College

How does the Electoral College work?

Correcting Weaknesses of the Articles of Confederation

Weakness

• No power to tax

• No national executive

• 1 vote per state

• No way to settle disputes

Solution

Article I sec 8Congress has powers to….

Article IIExecutive Branch- Presidential powers

Article IBicameral Congress- representation

Article IIIFederal Court- Supreme Court

Correcting Weaknesses of the Articles of Confederation

Weaknesses

• No regulation of commerce

• No national defense

• States more power than national gov’t

• Need 2/3 vote to pass a law & unanimous vote to amend

Solutions

Article I sec 8foreign & interstate commerce

Article I sec 8create an army & navy

Article VIConstitution & Federal Govt are supreme

Articles I & VI = majority for lawsV = easier to amend- not unanimous

once Constitution was written in Philadelphia, what was required to

replace the Articles

• Look at Article VII.

“The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.”

Ratification of Constitution created conflict between

Federalists & Anti-Federalists

FEDERALISTS• Wanted the Constitution to

be ratified• Thought nation needed

stronger national gov’t• Felt country couldn’t survive

under Art. of ConfederationLeaders were: John Adams

Alexander Hamilton James Madison

writers of the Federalist Papers

ANTI-FEDERALISTS• Opposed to ratifying the

Constitution • Feared giving away state powers

to federal gov’t• Preferred to keep the Art. of

Confederation Leaders were: Sam Adams

Patrick Henry James Monroe

Were finally appeased by Bill of Rights