Articles of Confederation

1. Articles of Confederation • 1st attempt at national government • Created a confederacy • Many weaknesses • Could not tax • No income = inability to pay back war debt • No President or Supreme Court • Difficult to amend

2. New Constitution • Strong where Articles were weak • Created a federal system, not a confederacy • Power shared between states & central government

3. Changes from the “Articles” • How should the Congress be set up? • Virginia Plan & New Jersey Plan • Resolved by the Great Compromise (Connecticut) • Bicameral (2 house) Legislature • Senate – 2 representatives from each state • House of Representatives – number of reps based on population • Created Executive and Judicial Branches

13. 6 Basic Principles in Constitution • Popular Sovereignty • The People are the ONLY source of the government’s power • Limited Government • Government only has the powers that the people choose to give it • Separation of Powers • Three branches with different responsibilities • Checks and Balances • Each branch’s powers restrain the other two’s powers • Judicial Review • Power of court to determine constitutionality of laws, etc. • Federalism • Division of power among central and state governments

14. Organization of the Constitution • Preamble –states purpose (“We the People”) • Seven Articles • 1. Legislative Branch • 2. Executive Branch • 3. Judicial Branch • 4. Relationship between states & national government • 5. How to amend the Constitution • 6. Misc.: debt, supremacy of law, oaths of office • 7. How to ratify (formally adopt) the Constitution • Amendments (27)

15. Federalism: Powers of National Govt • National government has Delegated powers • Only has the powers that are granted to it in the Constitution • Coin money, lead military • Pass federal laws, regulate immigration

16. Federalism: Powers of the States • States have Reserved powers • The national government is not allowed to have these powers. • Issue licenses, Establish local governments • Some powers are off limits to states • Exclusive powers of National Government • States are not allowed to make currency, sign foreign treaties…

17. Relationships • Supremacy clause • Constitution is the supreme law of the land • No state law can contradict a concept in the Constitution • Full Faith and Credit Clause • States must recognize each others laws, documents, etc. • Extradition • Fugitives from justice in one state will be returned

18. Amendment Process • Constitution’s ability to endure: its ability to adapt

19. Amendment Process Methods to Propose Methods to Ratify • Proposed and voted on by 2/3 of Congress (both houses) • Common method

20. Amendment Process Methods to Propose Methods to Ratify • Proposed and voted on by 2/3 of Congress (both houses) • Common method • Proposed by national constitutional convention, called by 2/3 of state legislatures • Never been used

21. Amendment Process Methods to Propose Methods to Ratify • Proposed and voted on by 2/3 of Congress (both houses) • Common method • Ratified by the state legislatures of ¾ of the states • Common method • Proposed by national constitutional convention, called by 2/3 of state legislatures • Never been used

22. Amendment Process Methods to Propose Methods to Ratify • Proposed and voted on by 2/3 of Congress (both houses) • Common method • Ratified by the state legislatures of ¾ of the states • Common method • Ratified by conventions in ¾ of the states • Only been used once • Proposed by national constitutional convention, called by 2/3 of state legislatures • Never been used

23. Amendments to Know • First 10 Amendments: • Bill of Rights • First Amendment: • Speech, Religion, Press, Assembly, Petition • 2nd Amendment: • Right to Bear Arms • 3rd Amendment: • Outlaws quartering troops in homes • 8th Amendment • Outlawed excessive bail & cruel & unusual punishments

24. Amendments to Know • 13th Amendment • Outlawed Slavery • 18th Amendment • Prohibited Manufacturing alcohol • 21st Amendment • Repealed 18th • 22nd Amendment • Term limit on President