The Constitution
From the Articles of Confederation
to the Present Day
Weaknesses of the Articles
1. Could not levy taxes or regulate commerce
2. Sovereignty, independence retained by states
3. One vote in Congress for each state
4. Nine of thirteen votes in Congress required for any
measure
5. Delegates to Congress chosen & paid by state
legislatures
6. Little money coined by Congress
7. Army small and dependent on independent state militias
8. Territorial disputes between states led to open
hostilities
9. No national judicial system
10. All thirteen states’ consent necessary for any
amendments
Plans of Government
Characteristic
Virginia Plan
New Jersey Plan
Legislature
Two chambers
One chamber
Legislative power
Derived from the people
Derived from the states
Executive
Unspecified size
More than one person
Decision rule
Majority
Extraordinary majority
State laws
Legislature can override
National law is supreme
Executive removal
By Congress
By a majority of the states
Courts
National judiciary
No provision for national judiciary
Ratification
By the people
By the states
Compromise
• The CT Compromise
– Bicameral legislature
• House of Representatives
based on proportional
representation
• Senate based on equal
representation
• Additional Compromise
– Three-fifths compromise
– Commerce and slave trade
– Electoral college and
presidential terms
Preamble: Six goals
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Form a more perfect Union
Establish justice
ensure domestic tranquility
Provide for the common defense
Promote the general Welfare
Secure the blessings of liberty
Basic Principles
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Popular Sovereignty
Federalism
Separation of Powers
Checks and Balances
Judicial Review
Limited Government
The Articles
1.
2.
3.
4.
5.
6.
7.
the legislative powers
the executive powers
the judiciary
federalism/relations between states
amendment process
Supremacy and responsibility
ratification process
I. The Legislative Branch
A. The powers granted Congress are expressed in Article I, Section 8.
– Delegated Powers
B. Powers denied in Article I, Section 9
– Right of habeas corpus
– No ex post facto law
– Tax Export
-- No bill of attainder
-- Titles of nobility
-- tax states unequally (voided by 16th AMD)
II. The Executive Branch
A. The Founders recognized the need for a strong executive and granted
the president broad but vaguely described powers.
B. Article II, Sections 2 and 3 describe the specific powers of the
president.
III. The Judicial Branch
A. Two levels of courts, federal and state, each with its own jurisdiction
B. Supreme Court exercises important power by using judicial review.
IV. Shared Power and Conflict
A. The executive and legislative branches must cooperate to produce
effective policies
– the expansion of presidential power has caused conflicts
C. The Supreme Court must depend on the president and the executive
branch to carry out its decisions.
– Congress has the power to limit judicial authority
Amendments
From Confederation to Constitution
Under Articles of Confederation
Under Federal Constitution
A loose confederation of states
A firm union of people
1 vote in Congress for each state
2 votes in Senate for each state; representation by population
in House (see Art. I, Secs. II, III)
2/3 vote (9 states) in Congress for all
important measures
Simple majority vote in Congress, subject to presidential veto
(see Art. I, Sec. VII, para. 2)
Laws executed by committees of
Congress
Laws executed by powerful president (see Art. II, Secs. II, III)
No congressional power over commerce
Congress to regulate both foreign and interstate commerce
(see Art. I, Sec. VIII, para. 3)
No congressional power to levy taxes
Extensive power in Congress to levy taxes (see Art. I, Secs.
VIII, para. 1)
No federal courts
Federal courts, capped by Supreme Court (see Art. III)
Unanimity of states for amendment
Amendment less difficult (see Art. V)
No authority to act directly upon
individuals and no power to coerce
states
Ample power to enforce laws by coercion of individuals and
to some extent of states