Our U. S. Constitution
Birth of our enduring nation
Why did the Articles of Confederation fail?
• Because of the experience of the American
Revolution, Americans were frightened by a
strong central government and showed more
loyalty to their states
• November 1777- March 1781: a Confederation
(partnership) of independent equal states was
formed
• The new government contained only one
branch- unicameral legislature with no power to
enforce laws or settle disputes
Why did the Articles of Confederation fail?
continued
• Congress had no money and could not
levy taxes; it could only ask states for
“voluntary contributions”
• Congress had no power to regulate trade
between states or with foreign nations
• Congress failed to protect citizens from
state discrimination and economic
difficulties after the war
Case Study: Shay’s Rebellion
 1786- America was in financial trouble: businesses
failures, people in debt, trade problems, war debt and
soldiers salaries not paid
 Massachusetts farmers blamed state taxes on their
financial problems
 Daniel Shays led a revolt against the state government,
trying to capture arms at the state militia arsenal
 Neither state nor Confederation government had the
power to stop the rebellion; Only George Washington’s
intervention with Virginia troops stopped the revolt
 How could a country exist if it could not keep law and
order?
Philadelphia Convention
May- October 1787
55 delegates from 12 states
Six compromises were needed to form the
Constitution for a stronger national
government:
 Separation of Powers
 Checks and Balances
 Federalism
 Representation
 Guarantees to the States
 Amending the Constitution
Separation of Power
U. S. Constitution
“Supreme Law of the Land
To prevent a national government from
becoming a dictatorship, the framers of
the Constitution laid out a plan for shared
powers. The National government would
be divided into three branches, all based
on the voters. Both the leaders of the
Legislative Branch and the Executive
Branch would be voted on by the people,
and the leaders of the Judicial Branch
would be selected by the Executive &
Legislative Branch.
Executive Branch
Judicial Branch
To carry out, enforce, To interpret the laws
To make laws
& administer the laws & settle legal disputes
Legislative Branch
Checks and Balances
Each of the three branches could
check the powers of the others
Executive Branch
Impeach, override veto,
confirm appointments
Appoints to
Determines if laws
fill vacancies
are constitutional
Power to veto
Judicial Branch
Legislative Branch
Impeaches, proposes
Constitutional changes
Interprets laws,
Determines if constitutional
Federalism
On the issue of a strong national government with strong
state powers, the compromise consisted of distributing
powers:
 National government is in charge of national matters
ex. foreign policy; money
 In matters of both national & state government concern,
they share power
ex. highways; taxes
 In some matters, states are free to govern without
national interference; local governments are arms of the
state
ex. education programs; traffic violations
Representation in Congress
“The Great Compromise”
Large states (ex. Virginia)
wanted representation
based on population
Small states (ex. Delaware)
wanted equal representation
Heavy Slave states wanted to
count slaves into population
totals, but not taxable
Non Slave states did not want
to count slaves into population
totals; wanted Congress to
regulate slave trade
Congress created 2 housesthe House of
Representatives with
numbers based on population
and the Senate with 2
representatives from each
state
3/5 of the slave population
would be counted for population
and taxes; Congress could not
regulate the slave trade for 20
years (1808)
Guarantees to the States
How would the Constitution protect the states and guide their
relationships?
The National government will protect the states from foreign
invasion or domestic violence
Moving from state to state will not deny a citizen his rights
There will be an orderly process for a territory to become a
state, with equal rights and powers as other states (no colonies)
Every state is guaranteed a republican form of government, but
lets the people of each state shape that government
Amending the Constitution
How easy would it be to change this document on
which the government was built?
Not so easy as to be altered by changing,
temporary emotions
Must be flexible to grow with a changing nation
2/3 of both houses of Congress or 2/3 of state
legislatures must propose an amendment or call
a convention to propose one; ¾ of the states
would have to approve the proposed
amendment for it to pass. In 200 years this has
happened only 27 times.
Compromise needed to get ratification of the
Constitution:
Fearing danger to individual liberties in the new
constitution, opponents got a promise to add the
Bill of Rights (first 10 Amendments):
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
Freedom of religion and expression
Right to bear arms
No quartering of soldiers
No unreasonable searches or seizures
Right to due process of law
Right to a fair trial
Right to a trial by jury
Fair bail and punishments
Rights to be retained by the people
Powers reserved to the states and people
And so through compromise, our Enduring
Constitution
was formed