The Constitution

advertisement

The Constitution

(A Brief History)

Colonial Policies

• King controls the colonies, Parliament has little control

• 2,000 miles away- too hard to govern

▫ Colonies become used to self-governing

• Federal relationship

• More taxation

Colonial Unity

• Albany Plan

▫ Ben Franklin’s idea: yearly congress of delegates

 Raise defense

 Trade

 Criminal matters

• Stamp Act Congress

▫ Act requires stamps on all paper products

▫ Delegates to New York- draft grievances against

King

First Continental Congress

• Intolerable Acts

• Delegates to Philadelphia

▫ Low turnout

▫ Urge boycott and creation of local committees

• Call for a second congress the following May

The Second Continental Congress

• 1774- after Lexington and Concord

• Representatives

▫ All colonies send representatives

▫ George Washington attends and is elected to lead the army

• Becomes our first national government

▫ Served for 5 years until Articles of Confederation

▫ All powers in a unicameral legislature

Independence

• Committee of 5 drafts Declaration of independence- largely the work of Jefferson

• First state Constitutions

▫ Common features:

 Popular sovereignty

 Limited government

 Civil rights

 Separation of power and checks and balances

What are the Articles of

Confederation?

• November 15, 1777

• Established a firm league of friendship among the States

• “for their common defense, the security of their

Liberties, and their mutual and general welfare”

• Formal approval or ratification was needed by all 13 States

The Articles Of Confederation

• The Articles of Confederation established “a firm league of friendship”.

▫ Under this plan, each State kept “its sovereignty, freedom, and independence…”

Governmental Structure

• Congress was sole body

• Unicameral-delegates chosen yearly by state

• Each state had one vote

• No executive or judicial branch

Powers of Congress

• Make war and peace

• Send and receive ambassadors

• Make treaties

• Borrow money

• Set up a money system

• Establish a post office

• Build a navy

• Raise an army

• Fix uniform standards of weights and measures

• Settle disputes among the states

State Obligations

• Obey articles and acts of Congress

• Provide funs and troops

• Treat citizens of other states as equally as their own

• Surrender fugitives from justice to one another

• Submit their disputes to Congress

• Allow open trade and travel between and among States

• Retained those powers not explicitly given to the

Congress

Weaknesses of Articles of

Confederation

• States were fiercely independent

• Weaknesses:

• Instability of Union

• No Judicial Branch

• No Executive Branch

• No Power to Regulate Commerce

• No Power to Tax

• Couldn’t provide for national defense

• Each state had one vote, regardless of size

• 9 of 13 required for law; Unanimous to amend

Critical Period

• States don’t support the federal government

▫ Make agreements with other nations

▫ Form their own militaries

• Taxed each others goods

• Printed own money

• Shays’ Rebellion

▫ Group of debtors lead a force to close the state courts

▫ Attack federal arsenal

The Constitutional Convention

• The Framers

▫ 12 states send delegates: not Rhode Island

▫ Average age: 42, most in their 30s

• Procedure

▫ George Washington elected President of the convention

▫ Worked in secrecy

▫ The decision:

 Not just amend but throw out the Articles

The Virginia Plan

• Madison

• Three branches

• Bicameral congress

• Power of veto

• Oath to support the federal government

• Considered radical

The New Jersey Plan

• Unicameral Congress

• Each state equal representation

• Plural executive

• Limited powers for tax and trade

Compromises

• Connecticut

▫ Two house congress

 Senate equal number of reps

 House of Representatives based on population

• Three-Fifths

▫ All free persons are equal and slaves are 3/5 of all other persons

• A bundle of compromises

Ratification

• September 17 th 1787 the Constitution is signed

• Nine states ratify however they need a key state such as New York or Virginia

• 1789- finally ratified and becomes the new national government

Download