The Articles of Confederation and the Birth of the U.S. Constitution

1. U.S. GOVERNMENT TEST #2

2. ARTICLES OF CONFEDERATION 1st Constitution of the U.S. Most power resided with the State – all powers not expressly given to Congress Created a legislative branch but not an executive or judicial branch – actions done by Congressional committees Presiding officer chosen – no President

3. Congressional powers • War • Treaties • Borrow money • Set up monetary system • Settle disputes among states

4. Weaknesses • No power to tax • Could not regulate state trade between states • No power to make states obey its laws • Lack of an executive and judicial branch • Unanimous vote to make an amendment

5. SHAY’S REBELLION Uprising by western Massachusetts farmers Convinced many that the Articles needed amending or the creation of a new Constitution

6. CONSTITUTIONAL CONVENTION • 1787 – Philadelphia • James Madison – Virginia Plan • Bicameral legislature • 3 branches – separation of powers – “checks and balances • Legislature based on population • Federal sovereignty over state • William Paterson – New Jersey Plan (small state plan) • Unicameral • Equal representation • Taxation and regulation of trade

7. Connecticut Compromise or “Great Compromise” • Combination of both plans • Senate – equal representation – 2 per state • House – based on state population • 3/5’s Compromise • The population of state will include 3/5’s of the slave population in determining the # of representatives for that state

8. Congress could not tax the export from any state Congress could not act on the slave trade for 20 years

9. RATIFICATION • Federalists • VA – Madison, Marshall and Randolph • “Federalist Papers” – 85 essays written by Jay, Madison and Hamilton to convince NY (last key state) • Anti-federalists • VA – Henry, Mason, Lee, and Monroe • Would only support it – Bill of Rights • Quorum – majority

10. SIX PRINICPLES OF THE CONSTITUTION Popular Sovereignty – the national government draws its power from the people Limited Government – the government has only the authority the people give it. Rule of Law – government and its officers are always subject to the law. Separation of Powers – 3 branches –executive, legislative, and judicial. Each has its own responsibilities.

11. Checks and Balances – restraints on power – prevents one branch from becoming to powerful Judicial Review – Marbury v. Madison – right of the Supreme Court to review laws to determine their constitutionality Federalism – division of power at levels including local and state

12. AMENDMENTS • Formal amendment – change or addition that becomes part of the Constitutions written language • 4 methods of formal amendments • Proposed by 2/3 of each house and ratified by ¾ of state legislatures • Proposed by Congress, ratified by ¾ of state conventions • Proposed by National Convention/ratified by ¾ of states • Proposed by National Convention called by Congress at the request of 2/3 of state legislatures and then ratified by ¾ of the states • 33 amendments have been proposed – 27 ratified including the Bill of Rights

13. Informal amendments – changes in the Constitution which have not involved any written words. • 5 ways to make informal amendments • Basic legislation – ex. Federal Courts • Executive Action – ex. President sends troops without a declaration of war • Court decisions – ex. Marbury v. Madison • Party practices – ex. nomination of candidates – electoral college– “rubber stamp” • Custom – ex. 14 executive cabinet positions

14. FEDERALISM • System of government in which a written constitution divides powers into levels producing a dual system of government • Delegated Powers – those given to the national government • Expressed Powers – delegated powers “spelled out” (listed) in the constitution • Ex . – levy taxes, declare war, etc.

15. Implied Powers – “Elastic Clause” – ex. Interstate Highway system Reserved Powers – 10th Amendment – not granted to the national government but not denied to the states – ex. age for marriage and alcohol consumption Concurrent Powers – both powers of the state and national governments – ex. Levying taxes Local governments are an arm of the state

16. The Supremacy Clause – the national government take precedence • McCulloch v. Maryland

17. Aid programs • Grant-in-aid – federal money given to the states • Morrill Act of 1862 • Revenue Sharing • Admission of new states • Enabling Act – directs the people of a territory to frame a proposed state constitution.

18. Interstate relations • Full faith and credit clause – ensures records such as birth certificate and marriage license valid in all states – also can’t flee payment in one state to another • Extradition – process of returning a fugitive from one state to another