Articles of Confederation:
State Obligations
• Pledge to obey the Articles
• Provide funds/troops requested by Congress
• Give full faith and credit to public records, acts
of judicial proceedings of other states
• Allow open travel and trade between states
Foundations of Democracy
• Five Foundations of Democracy:
– Respect for the fundamental worth of every
person
– Respect for the equality of all people (oppur./law)
– Majority rule, but respect for minority rights
– Compromise
– Widest interpretation of individual freedom/
individualism
– Popular Sovereignty/Consent
The Constitution
A Living Document
Key Events Preceding Constitution
• French & Indian War
• Stamp Act… “No taxation without
representation”
• Intolerable Acts
• 1st & 2nd Continental Congress
– Olive Branch Petition (7/15/1775)
– Declaration of Independence
• Nat’l Rights; Govt. by Consent…Social Contract
Declaration of Independence
• “People of these colonies, solemnly publish and declare,
that the United Colonies are, and of right ought to be free
and independent states; that they are absolved from all
allegiance to the British Crown, and that all political
connection between them and the state of Great Britain, is
and ought to be totally dissolved, and that as free and
independent states, they have full power to levy war,
conclude peace, contract alliances, establish commerce,
and to do all other acts and things which independent
states may of right do. And for support of this declaration
with a firm reliance on the protection of Divine Providence
we mutually pledge to each other our Lives, our Fortunes
and our sacred honor.”
Articles of Confederation (1781-1789)
• Written Constitution
• Influenced by state
constitutions
• Weak central
government; power to
states…why?
Articles of Confederation
• What is a Confederate?
– A Firm League of Friendship
– “States keep their sovereignty, freedom, and
independence and every power, jurisdiction, and
right not expressly delegated to the U.S. in
Congress.”
• So why do states come together though at all
if they want to maintain their independence?
– Common defense, security of liberty and mutual
and general welfare
Articles of Confederation: Congress
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Make war/peace
Treaties; Send/receive ambassadors
Borrow $
Build navy, RAISE ARMY BY ASKING STATES
FOR TROOPS
• Settle disputes of states
• Why Limit Powers?
– Fear of big unitary government (listed 27 abuses
by Brit. Govt.)
Articles of Confederation: Structure
• Unicameral
Congress: Each
State—One Vote
– Why?
• No Executive or
Judicial Branch
– Why?
– Impact?
Articles of Confederation:
Weaknesses
• No power to tax…why? Impact?
– No Revenue…No Power
– Request $16 mill…get $2 mill. (none from GA/NC)
• 9/13 states needed to ratify; 13/13 to amend
– Inflexible
• No power to regulate commerce…why? Impact?
– Exper. Under British (Brit. E. India); Intolerable Acts;
Navigation Acts
– States tax each others goods; ban some trade; no credit;
multiple currencies
– Economy on verge of collapse
Articles of Confederation:
Weaknesses
• Army Dependent on State Militias…Why? Impact?
– Fear of Standing Army; Quartering Act
– Can’t Respond in crisis like Shay’s Rebellion
• No Coherent Foreign Policy...Impact?
– No way to work with foreign powers
• Shays Rebellion exposes inherent weaknesses
…How?
Constitutional Convention
(May 14, 1787- September 17,1787)
• Revise Articles of Confederation
– I.D. Impfections; State Bill of Rights; No Rel. Requirements;
Strong Legislature
• Goal: Balance need for strong central govt., to preserve
order, but not threaten liberty
• AMAZING document, adaptable & flexible while
providing structure & organization
• What were the big issues at the conventions?
Key Word: Compromise
• Connecticut/Great Compromise: Virginia Plan + New
Jersey Plan
– VA Plan: Leg. Rep. based on state population (bicameral, 3
branches)
– NJ Plan: Leg. Rep. based on equality (unicameral, 3 branches)
– Great Compromise: Bicameral Congress (House & Senate)
• House of Representatives: Based on population
• Senate: Equal Representation
• Who Benefits More?
• 3/5 Compromise: Settles Issue of Slave Population
– What’s the issue?
• Commerce & Slave Trade
– Restricts action on slavery for 20 years
– Congress regulate trade; but can’t tax exports
The Preamble: Philosophy on the
Role of Government
1. Form a more
perfect union
2. Establish Justice
3. Insure domestic
tranquility
4. Provide for the
common defense
5. Promote the
general welfare
6. Secure the blessing
of liberty
1. Make the country
better & stronger
2. Laws=fair/impartial
3. Control Factions
4. Defend nation
against enemies
5. Government serves
the people
6. Secure
freedoms/rights
Constitution: 7 Articles
•
•
•
•
Article I: Congress
Article II: Executive
Article III: Judiciary
Article IV: Relations Among States
– Necessary & Proper Clause
• Article V: Amending the Constitution
• Article VI: Role of National Government
– Supremacy Clause
• Article VII: Ratification
6 Principles of Democracy
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Popular Sovereignty
Limited Government
Separation of Powers
Checks & Balances
Judicial Review
Federalism
6 Principles of Democracy
• Popular
Sovereignty:
– “We the People”
– People source of
govt. power
– People created the
natl. govt.; gave
power st. & local gov
power
– Guarantees a
Republic
• Limits: Why?
• Electoral College
• Selection of Senators
• Senators= 6 yr. terms
6 Principles of Democracy
• Limited Government
– Rule of Law; Habeas Corpus; No Ex Post Facto Law
– Majority Rule, Minority Rights
• Checks & Balance, Sep. of Powers, Civil Libs/Rts.
• Filibuster…Not in the Constitution
– Madisonian: Moderation/Compromise…protect
minority
– Protect Nat’l Rts. From govt. abuse (paradox)
Limited Government
6 Principles of Democracy
• Separation of Powers
– Division of power into 3 branches
– Goal: Limit government
– Can be inefficient/fragment policymaking
Separation of Powers
Separation of Powers
6 Principles of Democracy
• Checks & Balances
– Each branch can limit the powers of the others
– No one branch becomes to powerful; limit
government
Checks & Balances
6 Principles of Democracy
• Judicial Review
– Power of courts to determine the constitutionality
of a law or executive action
– Informal Amendment
• Marbury v. Madison
Brown v. Board of Education
6 Principles of Democracy
• Federalism:
– A system of government in which power is both
divided & shared between a central government &
state/regional political units.
– 10th Amendment: “Those powers not delegated to
the federal government, nor prohibited to the
states, are reserved for the states.”
Key Federalism Clauses
• Full Faith & Credit Clause:
– Each State has to honor the civil rulings and laws from
other states; doesn’t apply to criminal matters.
• Supremacy Clause:
– Constitution: Supreme Law of the Land
– Sets up the hierarchy w/ the U.S. Constitution at the top.
• Necessary & Proper Clause:
– Congress shall have power to make all laws necessary
and proper to carry out all other powers vested by
Constitution in the government.
• Commerce Clause
– Congress’ power to regulate “interstate commerce”
Federalism
Ratification
• Requires 9/13 States…Really Need 13, Why?
• Ratified by State Conventions (Federalism)
• The Great Debate: Federalists v. Anti-Federalists
– Federalists (Consult Table 2.4; p. 53)
• Favor ratification; govt. by elite; today’s white collar
– Anti-Federalists
• Want strong state powers; rule by commoner; fear big
govt…loss of civil liberties
• Fear Elite Rule, no Bill of Rights, weakened state govt.
• Compromise: Addition of Bill of Rights/10th
Amendment; House selected directly by people
Amending: Formal Amendments
• “Flexible, Living, Breathing Document”
• Formal Amendment: Actually changing
wording of document (27 Amendments)
– Proposal: 2/3 in ea. House or National Convention
@ Request of 2/3 of States
– Ratification: Approve by ¾ State Legislatures;
State Convention of ¾ States
• Example of what principle?
– Federalism; requires action at nat’l & st. level
Formal Amendments
Bill of Rights
• 1st 10 Amendments added to the Constitution
• Bill of Rights
– Added to the Constitution to get key states of New
York and Virginia to ratify the Constitution
– Protects political rights
• 1st Amendment: Free speech, press, petition, assemble,
religion
– Protects the rights of the accused
• Protection from illegal search and seizure
• Right to a trial by jury, right to an attorney, right to be
free from self-incrimination
Informal Amendments
• Legislative Action
• Presidential Action
• Judicial Action-Supreme
Court decisions
• Tradition
• Precedent
27 Amendments
• Create Flash Cards
– Need to know main idea of each!