Articles of Confederation

and The Constitution

Influences

– Magna Carta (1215)• King had to follow rules like

everybody else.– English Bill of Rights (1689)

• King/Queen had to get Parliament’s approval before passing any laws or taxes

• Gave people more voice on government

Influences Continued…

–Enlightenment »Use of Reason»Belief in Human goodness»John Locke-Social Contract between the government and people

»Government’s duty to protect inalienable rights

Influences Continued…

– Early American Documents• Mayflower Compact (Self-

government• Fundamental Orders of

Connecticut-1st state constitution

• VA Statute for Religious Freedom (Jefferson 1786)

Articles of Confederation

• Articles of Confederation-America’s 1st Constitution (plan of government)

– 1776-2nd Continental Congress begins work on a plan of government

• National government=republic-a government in which citizens rule through elected representatives

• States would join together in a Confederation-loose Union

• States would have more power than National government

Division of Power

• States had power to tax, enforce laws

• Power of Central government: wage war, make peace (foreign relations), regulate Indian affairs, coin and borrow money

• Unicameral Congress- each state had only 1 vote

• Executive Branch=3 person Committee chosen by Congress-very limited power

Ratification (ratify=to approve)

• All 13 states needed to ratify A of C before it took effect

• Written and approved by Second Continental Congress in 1777-all but one state had ratified it by 1779

• Maryland-last state because of concern over western land claims– Landlocked- could not expand like NC,

GA, VA– Worried larger states would have

more power• Ratified in 1781 (March)

The Northwest Territory

– The Land Ordinance of 1785• Law that established a procedure for

surveying and selling western lands north of the Ohio River

• Used by land speculators to accumulate land– The Northwest Ordinance of 1787

• Created NW territory to be divided into 3 to 5 smaller territories (IL, IN, OH, WI, MI)

• When smaller territories reached 60,000 could apply for statehood

• Included Bill of Rights for settlers guaranteeing freedom of religion, public education, and trial by jury

Problems Under Articles of Confederation

– Financial Problems• Money depreciated (lost value)-inflation• High prices that led to food riots• War left high debt-asked states for

money-states only contributed 1/6 of needed money

• Department of Finance-led by Robert Morris, proposed: 5% tax on imported goods

• Rhode Island opposed it-not passed

Trade

• John Adams to London to discuss problems with Britain-slow leaving US, closed their ports to US ships, imposed high tariffs on American products

• John Jay-Secretary of Foreign Affairs

• Spain-Question of trade in Miss. River and GA/FL border

Shay’s Rebellion-1786-1787

• Mass. Farmers viewed national government as another form of tyranny

• Daniel Shays and angry farmers forced courts to close so judges could not take farmers land b/c they couldn’t pay taxes or debts

• January 1787-Shays and men marched toward arsenal in Springfield Mass: met state militia

• Four people killed, uprising ended• Question over government control of

unrest and violence

Slavery

• 1776-1786-11 states (all except SC and GA) outlawed or heavily taxed importing slaves

• Quakers-1st anti-slavery society• 1783-1804-slavery abolished by

Mass, NH, CT, RI, NY, and NJ• Issue-whether people could have

slaves; whose decision-state or national

The Constitution

• Philadelphia Convention – May 1787-55 men (no RI)– Purpose-to revise the Articles of

Confederation and to discuss trade issues

– Plan-To give government increased powers and authority to solve nation’s problems

– Decision-a new plan of government had to be created

Virginia Plan

• Written by James Madison (Father of the Constitution)-proposed by Edmond Randolph

– Branches• Executive-carry out laws• Legislative-make the laws

• Judicial-see justice was done under the laws; interpret

Checks and Balances

• system of Checks and Balances among the 3 branches

• Purpose-So no one branch would be able to control the entire government

Congress

Division– Lower House-House of

Representatives- elected By the People; based on population

– Upper House-Senate-elected by the lower house

– Conflicts the larger a state’s population, the more representatives it would have

– Fear that larger states would control legislative; unfair to smaller to states

New Jersey Plan

– Legislature-one house, each state send same number of representatives (equal representation)

– Who proposed? Smaller States-William Patterson of NJ

– How elected? Representatives elected by state legislatures

The Great Compromise

– Two House Legislature (Bicameral)• Lower House-House of

Representatives-# of Representatives based on population-elected by people (VA plan)

– Upper House-Senate-Equal representatives (2) chosen by state lawmakers (NJ plan)

3/5 Compromise

– Plan-5 slaves=3 People for purpose of representatives and taxation

– Who benefited? Southern States– How did they benefit? More rep.

In Congress; greater voice in selection of President: # of Rep. = # of electoral votes (House + Senate)

Role of President

– Commander-n-chief of armed forces-responsible for relations w/ other countries

– Power to appoint judges and other federal officials (Supreme Court and Cabinet)

– Veto Laws

North Carolina’s Role

Williamson’s Contributions– Impeachment– 2/3 Majority to override a

presidential veto

Trade Compromise

– Issue: National government should control trade between states• North wanted Congress to control• South wanted each state to set own

rules– Compromise: Congress power to control

trade with other countries and could tax imports but not exports

– Slave trade: wanted to abolish slave trade but had to compromise: Said Congress could abolish Slave Trade in 20 years and they did

Ratification

• Federalists-Supporters of the Constitution

– The Confederation was too weak

– The Constitution would balance state and national power-federal system

– State Constitutions would protect individual rights

• Federalists Papers

– Essays written to gain support for Constitution

– Written by Alexander Hamilton, James Madison, and John Jay

• Anti-federalists-opposed the Constitution

– Made the national government too strong

– The Constitution would weaken the states

– A National Bill of Rights was needed to protect individual rights

• Ratification

– The Constitution needed 9 states-that would equal 2/3

– Delaware-1st state to ratify

– Rhode Island last state

– Some states would not ratify until they received a Bill of Rights

• Bill of Rights

–1st 10 amendments

–Inspired by VA Declaration of Rights and Declaration of Independence