Articles of Confederation and The Constitution
Jan 17, 2016
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