Government by the States The USA started as 13 separate, independent states. The USA started as 13 separate, independent states. Articles of Confederation.

Government by the States

The USA started as 13 The USA started as 13 separate, independent states.separate, independent states.

Articles of Confederation established the first government of the USA

Established a “Firm League Established a “Firm League of Friendship” among the of Friendship” among the 13 states13 states

Confederation - Association of independent states (nations)

Articles of Confederation


Written by the 2nd Continental Congress in 1776 but not ratified by the states until 1781

Americans avoided building a strong central government


Each state had its own constitution Several states had “Bills of Rights” in

their constitutions to protect citizens from tyranny

PA’s constitution allowed all male taxpayers over 21 to vote

PA’s assembly had to be elected each year

Articles•1 Branch – Congress•Each state received 1 vote•States could send as many delegates

as they chose•Congress only met during the year as

needed


Articles• Congress had a list of areas that they had

control over• The national government could only do the

things specifically listed• In order to change the Articles, all 13 states

had to agree• In order to pass new laws, 9 states had to

agree


1. Make peace and war

2. Send and receive ambassadors

3. Make treaties

4. Borrow money


ContentsContents

5. Set up a monetary system6. Build an army and navy7. Fix standard weights and

measures8. Settle disputes among the

states


ContentsContents

What was it missing?What was it missing?

Why wasn’t it changed?Why wasn’t it changed? The Articles had many The Articles had many

weaknesses, particularly after weaknesses, particularly after we won the war and no longer we won the war and no longer had a reason to cooperatehad a reason to cooperate


Need unanimous vote to amend Articles

Need 9/13 states to pass any law 1 vote for each state, regardless

of size or contributions to the treasury


WeaknessesWeaknesses

No power to collect taxes

No way to enforce laws

No way to regulate trade

No national courts


WeaknessesWeaknesses

•Wealthy v. States v. Farmers Government promised money to soldiers

when they signed up for the war. After the war they didn’t have the money to pay them

The state governments had no federal oversight.

Wealthy that lent money to the states demanded repayment

Shay’s Rebellion(1786)

States raised taxes to try to get out of debt.

Farmers were borrowing money to pay their taxes and were unable to pay their loans.

Loans were owed to some of these same wealthy businessmen.

Shay’s Rebellion

Banks were foreclosing on the farmers properties, with the help of government officials

Daniel Shay and 1200 followers blocked the courthouse to prevent foreclosures from being processed in Massachusetts

Shay’s Rebellion

January 25, 1787Shots are fired as farmers riot in Massachusetts

State troops ended the uprising.

Shay and the leaders were eventually captured and arrested.

They were released with “time served” and a fine.

Shay’s Rebellion

‘Nationalists’ were convinced that the Articles needed to be strengthened.

George Washington asked representatives to meet at Mt. Vernon, and then at Annapolis, but hardly anyone showed up.

After Shay’s Rebellion, 12 of the 13 states sent representatives to Philadelphia

Shay’s Rebellion

Achievements of theArticles of Confederation

• Successfully ran the war and negotiated the peace

• Held a brand new country together for over 10 years without a hostile takeover

• Wrote the Northwest Ordinances of 1785 and 1787

Northwest Ordinance - 1785

• Policy for incorporating new territories into the union• The federal government had the land

surveyed and divided into territories and townships

• Each township was 6 square miles and was required to set aside land for public schools

OhioIndianaIllinois

Michigan

Wisconsin

Minnesota


• A territory would be administered by the federal government until they had 5,000 free male inhabitants of voting age

• The inhabitants would then elect a territorial legislature. They could then send representatives to Congress but they couldn’t vote


• When they reached 60,000 inhabitants, they could write their own state constitution

• If Congress approved the constitution, they became a state


Established organized, uniform requirements for entering the union

Established the principle that the new states would be equal to all other states

System is still used today, with slight modifications

USA’s Current Territories

Unincorporated• Puerto Rico• Virgin Islands• Guam

Administered by the Department of the Interior• Wake island• Midway Island• American Somoa

Section 2

The Constitutional Convention

Constitutional Convention (1787)

55 delegates met in Philadelphia

All states except Rhode Island sent delegates

Constitutional Convention (1787)

They concluded that the Articles could not be changed so a new document was written

James Madison is ‘father of the Constitution’

Constitutional Convention

Virginia Plan

Bi-Cameral Legislature

Representation by population and wealth in lower house; lower house would choose upper house

3 separate branches of government


Virginia Plan

Power to veto state legislation

Power to enforce laws in the states

Power to tax


New Jersey Plan

Unicameral Legislature

Equal representation for states

Power to tax


New Jersey Plan

Power to regulate interstate trade

Executive & Judicial Branches appointed by the legislature


Connecticut (Great) Compromise

Bicameral legislature

Lower house based on population and elected by popular vote

Upper house would have equal representation, appointed by state legislatures


Three/Fifths Compromise

Southern states wanted to include the number of slaves in their population

Northern states said you could not have it both ways - people or property

Compromise counted every 5 slaves as 3 people, or every slave as 3/5’s of a person

Not repealed until 1865


Final Agreement

Federalism – Authority is shared between the national and state governments

The national government would have the power to tax and enforce laws

3 separate, distinct branches of government

U.S. ConstitutionFinal Notes

A system of checks and balances would be included to keep any one branch from becoming too powerful

National powers are enumerated, to keep them limited

U.S. Constitution Final Notes

The president would be elected indirectly by the people (electoral College)

A federal court system was created, with a Supreme Court and lesser courts

Ratification would take 9 of the 13 states

Essay Question:

Compare and Contrast the Articles of Confederation with

the U.S. Constitution

Section 3

Ratifying the Constitution


Federalists Anti-FederalistsIn favor of the Constitution Against the Constitution

Favored a strong national government

Favored strong state governments

Alexander Hamilton, James Madison, John Jay

Thomas Jefferson, Patrick Henry,Sam Adams

The Federalist Papers The Anti-Federalist Papers

Delaware, New Jersey, Connecticut 1st to ratify

Georgia and Pennsylvania followed

Massachusetts, Maryland, South Carolina, New Hampshire (9th)

Without New York and Virginia, slim chance of being successful



Pennsylvania Assembly approved the new Constitution after James Wilson eloquently spoke of

its benefits

Federalist papers and promise of Bill of Rights resulted in approval by VA & NY (1788)

North Carolina delayed but gave in, November 1789

Rhode Island was ‘convinced’ to approve it in May, 1790


The Constitution

Was ratified on June 21, 1788

It has 7 articles that describe the basic framework of our government

Article 5 contains provisions for amending the Constitution, should it prove necessary

The Bill of Rights

1st Amendment

Freedom of religion Freedom of speech Freedom to petition

the government Freedom of

assembly Freedom of the press

Critical Thinking

Why are the first amendment rights necessarynecessary in a democracy?

2nd Amendment

A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Note: A militia is a local, volunteer army.

Jews for the Preservation of Firearms Ownership, Inc.

3rd Amendment

Except in time of war, troops will not be quartered in civilian homes without the owners consent

4th Amendment

Protects people from unreasonable search and seizure

Search warrant needed – specific

Exceptions

5th Amendment

Prohibits double jeopardy Indictment necessary before trial Innocent until proven guilty Protection against self-incrimination Due process clause - People cannot be

denied life, liberty, or property without the due process of law

Limits the government’s right to take your property (due process clause)

6th Amendment

Entitled to a trial by jury

Entitled to call witnesses in your defense

Entitled to confront your accusers

Entitled to a lawyer

Entitled to a speedy, public trial

Accused criminals are:

7th Amendment

People have the right to a jury trial in civil cases when the amount of damages exceeds $20.

8th Amendment

Forbids excessive bail to accused criminals

Forbids cruel and unusual punishments for convicted criminals

Critical Thinking

One of the reasons the Federalists opposed a bill of rights was because it was impossible to make the list all-inclusive. If a right wasn’t included in the list, did that mean you didn’t have it?

9th Amendment

Makes clear that rights not specifically included in the Constitution were not sacrificed

10th Amendment

The powers of the national government are enumerated

Those powers not specifically given to the national government are reserved for the states

Enumerated or Reserved?

Coin money

Build schools

Raise an army

Criminal laws

Marriage and divorce

Regulate foreign trade

Pardon criminals

Create a fire department

Proposal / Ratification

These amendments were proposed by the new Congress in 1789

There were originally 12 but were condensed to 10

They were ratified in 1791 and became known as the Bill of Rights

Supreme Court

Each year the Supreme Court is asked to interpret the Bill of Rights and its relevance to contemporary legal cases

American Civil Liberties Union

Commonly referred to as the ACLU

Founded in 1920 to assist people in protecting their civil rights

Section 4

Inauguration• NYC - 1789

Precedent• Tradition• Many started by George Washington

Planning D.C.• Location – between 2 states (now 3)• Streets lettered and numbered

The End

Government by the States The USA started as 13 separate, independent states. The USA started as 13 separate, independent states. Articles of Confederation.

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