The Constitution From the Articles of Confederation to the Present Day.

The ConstitutionThe ConstitutionFrom the Articles of Confederation From the Articles of Confederation

to the Present Dayto the Present Day

Weaknesses of the ArticlesWeaknesses of the Articles1.1. Could not levy taxes or regulate commerceCould not levy taxes or regulate commerce2.2. Sovereignty, independence retained by statesSovereignty, independence retained by states3.3. One vote in Congress for each stateOne vote in Congress for each state4.4. Nine of thirteen votes in Congress required for any Nine of thirteen votes in Congress required for any

measuremeasure5.5. Delegates to Congress chosen & paid by state Delegates to Congress chosen & paid by state

legislatureslegislatures6.6. Little money coined by CongressLittle money coined by Congress7.7. Army small and dependent on independent state militiasArmy small and dependent on independent state militias8.8. Territorial disputes between states led to open Territorial disputes between states led to open

hostilitieshostilities9.9. No national judicial systemNo national judicial system10. All thirteen states’ consent necessary for any 10. All thirteen states’ consent necessary for any

amendmentsamendments

Plans of GovernmentPlans of GovernmentCharacteristic Characteristic Virginia Plan Virginia Plan New Jersey Plan New Jersey Plan

Legislature Legislature Two chambers Two chambers One chamber One chamber

Legislative power Legislative power Derived from the people Derived from the people Derived from the states Derived from the states

Executive Executive Unspecified size Unspecified size More than one person More than one person

Decision rule Decision rule Majority Majority Extraordinary majority Extraordinary majority

State laws State laws Legislature can override Legislature can override National law is supreme National law is supreme

Executive removal Executive removal By Congress By Congress By a majority of the states By a majority of the states

Courts Courts National judiciary National judiciary No provision for national judiciary No provision for national judiciary

Ratification Ratification By the people By the people By the states By the states

CompromiseCompromise• The CT CompromiseThe CT Compromise

– Bicameral legislatureBicameral legislature• House of Representatives House of Representatives

based on proportional based on proportional representation representation

• Senate based on equal Senate based on equal representationrepresentation

• Additional CompromiseAdditional Compromise– Three-fifths compromiseThree-fifths compromise– Commerce and slave tradeCommerce and slave trade– Electoral college and Electoral college and

presidential termspresidential terms

Preamble: Six goalsPreamble: Six goals

– Form a more perfect UnionForm a more perfect Union

– Establish justiceEstablish justice

– ensure domestic tranquilityensure domestic tranquility

– Provide for the common defenseProvide for the common defense

– Promote the general WelfarePromote the general Welfare

– Secure the blessings of libertySecure the blessings of liberty

Basic PrinciplesBasic Principles

• Popular SovereigntyPopular Sovereignty• FederalismFederalism• Separation of PowersSeparation of Powers• Checks and BalancesChecks and Balances• Judicial ReviewJudicial Review• Limited GovernmentLimited Government

The ArticlesThe Articles

1.1. the legislative powersthe legislative powers

2.2. the executive powersthe executive powers

3.3. the judiciarythe judiciary

4.4. federalism/relations between statesfederalism/relations between states

5.5. amendment processamendment process

6.6. Supremacy and responsibilitySupremacy and responsibility

7.7. ratification processratification process

I. The Legislative Branch I. The Legislative Branch A. The powers granted Congress are expressed in Article I, Section 8.A. The powers granted Congress are expressed in Article I, Section 8.– Delegated PowersDelegated Powers

B. Powers denied in Article I, Section 9B. Powers denied in Article I, Section 9– Right of Right of habeas corpushabeas corpus -- -- No bill of attainderNo bill of attainder– No No ex post facto ex post facto lawlaw -- Titles of nobility-- Titles of nobility– Tax ExportTax Export -- tax states unequally (voided by 16-- tax states unequally (voided by 16 thth AMD) AMD)

II. The Executive BranchII. The Executive Branch A. The Founders recognized the need for a strong executive and granted A. The Founders recognized the need for a strong executive and granted the president broad but vaguely described powers.the president broad but vaguely described powers.B. Article II, Sections 2 and 3 describe the specific powers of the B. Article II, Sections 2 and 3 describe the specific powers of the president.president.

III. The Judicial Branch III. The Judicial Branch A. Two levels of courts, federal and state, each with its own jurisdictionA. Two levels of courts, federal and state, each with its own jurisdictionB. Supreme Court exercises important power by using judicial review.B. Supreme Court exercises important power by using judicial review.

IV. Shared Power and Conflict IV. Shared Power and Conflict A. The executive and legislative branches must cooperate to produce A. The executive and legislative branches must cooperate to produce effective policieseffective policies– the expansion of presidential power has caused conflicts the expansion of presidential power has caused conflicts

C. The Supreme Court must depend on the president and the executive C. The Supreme Court must depend on the president and the executive branch to carry out its decisions.branch to carry out its decisions.– Congress has the power to limit judicial authority Congress has the power to limit judicial authority

AmendmentsAmendments

From Confederation to ConstitutionFrom Confederation to Constitution Under Articles of Confederation Under Articles of Confederation Under Federal Constitution Under Federal Constitution

A loose confederation of states A loose confederation of states A firm union of people A firm union of people

1 vote in Congress for each state 1 vote in Congress for each state 2 votes in Senate for each state; representation by population 2 votes in Senate for each state; representation by population in House (see Art. I, Secs. II, III) in House (see Art. I, Secs. II, III)

2/3 vote (9 states) in Congress for all 2/3 vote (9 states) in Congress for all important measures important measures

Simple majority vote in Congress, subject to presidential veto Simple majority vote in Congress, subject to presidential veto (see Art. I, Sec. VII, para. 2) (see Art. I, Sec. VII, para. 2)

Laws executed by committees of Laws executed by committees of Congress Congress

Laws executed by powerful president (see Art. II, Secs. II, III) Laws executed by powerful president (see Art. II, Secs. II, III)

No congressional power over commerce No congressional power over commerce Congress to regulate both foreign and interstate commerce Congress to regulate both foreign and interstate commerce (see Art. I, Sec. VIII, para. 3) (see Art. I, Sec. VIII, para. 3)

No congressional power to levy taxes No congressional power to levy taxes Extensive power in Congress to levy taxes (see Art. I, Secs. Extensive power in Congress to levy taxes (see Art. I, Secs. VIII, para. 1) VIII, para. 1)

No federal courts No federal courts Federal courts, capped by Supreme Court (see Art. III) Federal courts, capped by Supreme Court (see Art. III)

Unanimity of states for amendment Unanimity of states for amendment Amendment less difficult (see Art. V) Amendment less difficult (see Art. V)

No authority to act directly upon No authority to act directly upon individuals and no power to coerce states individuals and no power to coerce states

Ample power to enforce laws by coercion of individuals and Ample power to enforce laws by coercion of individuals and to some extent of states to some extent of states