Articles of Confederation

Who wrote the Constitution:

• 55 men• experienced in politics• men of wealth and

prestige (elite)• most were formally

educated• all were white• owned property• relatively young

James Madison = Primary Author “Father of the Constitution”

Weaknesses of theArticles of Confederation

Confederate system w/one branch at the national levelUnicameral Congress - one vote per state National Congress powerless to taxNational Congress powerless to regulate foreign &

interstate tradeNo executive branch to enforce acts of CongressNo national court to settle disputes between statesAmendment: ALL 13 states had to agree - unanimous9/13 majority to pass laws

Solutions provided by theU.S. ConstitutionFederal System Bicameral Congress: (Connecticut Compromise)

Senate – States are equally represented – 2 per stateHouse of Representatives – Based on population size

Congress given power to taxCongress given power to regulate tradeExecutive Branch to enforce lawsJudicial Branch to interpret laws & ConstitutionAmendment: Proposed by 2/3 Congress

Ratified by ¾ of the state legislatures50%+1 to pass laws

Articles of Confederation vs. the Constitution Confederate system Unicameral Congress - one

vote per state Powerless to tax Powerless to regulate foreign

& interstate trade No executive branch to

enforce acts of Congress No national court to settle

disputes between states Amendment: ALL 13 states

had to agree - unanimous 9/13 majority to pass laws

Federal System Bicameral Congress: Senate

& House of RepresentativesCongress given power to taxCongress given power to

regulate tradeExecutive Branch to enforce

lawsJudicial Branch to interpret

laws & ConstitutionAmendment: 2/3 Congress +

¾ State Legislatures50%+1 to pass laws

The Constitution (1789)Ratification - approval process:Issues: Representation, tyranny of the majority,

governmental power

Federalists (James Madison, John Jay & Alexander Hamilton)

• Representative of the people and have a measure of autonomy from the people = efficiency & competency

• Feared tyranny of the majority• Favored strong national government

Ratification of the Constitution…

Anti-Federalists (Thomas Jefferson, Robert Yates & Patrick Henry)

• feared giving too much power to the national government

• favored state power• feared aristocratic nature of governments• opposed the lack of a bill of rights

HW: Socratic Seminar prep• See web page• Due 8/28 A day & 8/29 B day: read pp. 90 – 112 and take

notes.

Necessary & Proper Clause

• Article I, Section 8, Clause 18• Basis for the implied powers given to

Congress• Must be tied to an expressed power• Known as the Elastic Clause• “To make all laws which shall be necessary

and proper for carrying into execution the foregoing powers…”

Supremacy Clause

• Article VI, Section 2• The Constitution and treaties of the United States are “the

supreme law of the land”

• U.S. Constitution • Acts of Congress & Treaties • State Constitutions • State Statutes (laws)• City & County Charters & Ordinances (laws)

• U.S. Supreme Court = highest court

Full Faith & Credit Clause• Each state had to give “full faith and credit” to the official acts of all

other states.

Privileges & Immunities Clause Citizens of any state were guaranteed the “privileges and immunities” of every other state, as though they were citizens of that state

Article IV: Provision for reciprocity among states and among citizens of all states:

Commerce Clause

• The Congress shall have power . . . To regulate commerce with foreign nations, and among the several states, and with the Indian tribes; • Gibbons v Ogden• Can a state regulate

interstate?

Which one of the steamboats is correct?

Connecticut Compromise• Compromise between New Jersey and Virginia Plans• Bicameral Congress – two chambers• House of Representatives – states are represented according to

the size of their population• Senate – equal representation – each state receives two seats

Three-Fifths Compromise• In Slave-owning states• Every five slaves would be counted as three people for the

purposes of counting population size for representation in the U.S. House of Representatives and for purposes of taxation

Bill of Rights1st Freedom of Religion, Speech, Press, Assembly, Petition

2nd Right to Keep and Bear Arms

3rd Quartering of Soldiers

4th Security from Unwarrantable Search & Seizure

5th Rights of Accused Persons in Criminal Proceedings

6th Right to Speedy Trial, Witnesses, Trial by Jury in

Criminal Cases

7th Trial by Jury in Civil Cases

8th Ban Excessive Bail, Fines, and Cruel & Unusual Punishment

9th Unenumerated Rights of the People

10th Reserved State Powers