Articles of Confederation“firm league of friendship”Remember the weaknesses and successes

Annapolis ConventionSignificance?

Meeting to discuss trade and economic regulations

Led to agreement to meet in May to “revise Articles”

Shays’ RebellionRevolt in MA- frustrated farmers were losing

land because they could not pay debts in hard currency

Farmers demanded an end to foreclosures, relief from oppressively high taxation, and increased circulation of paper money

Led by Daniel Shays , rebellious farmers forced several judges to close their courts

Influenced negative public opinion of existing government

Helped convince key leaders that the Articles were too weak and that the United States needed a stronger central government

Does the confederation have enough power to maintain order, protect property or promote commerce? Will this existing government survive?

Constitutional ConventionChallenge?

Strong government yet preserve liberty

Jefferson called the group an “assembly of demi-gods”

Madison’s role?“Father of the Constitution”

1. Human Nature: Delegates believed that people were self-centered and selfish“There are two passions which have a powerful

influence on the affairs of men: the love of power and the love of money.” Franklin

2. Political Conflict: The unequal distribution of property is the primary source of political conflictinevitably causes factionsfactions can not be trusted, must be kept in

check

3. Purpose of Government: Framers agreed with Locke that the “preservation of property is the end of government”Shays’ rebellion alarmed framers; they feared the

threat of “excessive democracy” posed by unruly state governments

4. Nature of Government: Framers agreed with Montesquieu that government should be limited and that power should be divided into separate branchesFramers supported limited government with specific

powers and a carefully designed set of checks and balances

ProposalsVirginia Plan

Bicameral LegislatureRepresentation based on population

New Jersey PlanUnicameral LegislatureEqual Representation

Connecticut Compromise or Great Compromise

BicameralHouse: population and elected by people *

Part of the constitution that was originally most closely tied to citizens

Senate: equal representation and selected by the state legislatures

All tax/spend bills will originate in the House of Representatives

Resolved the dispute between large and small states.Connecticut compromise continues to give less

populous states a disproportionate influence in Congress.10 most populous states have a total of 20 Senators to

represent 53 percent of the U.S. population10 least populous states have 20 Senators to represent about

3 percent of the U.S. population

3/5 Compromise-balanced N and S representation in House; temporarily defused tensions between the North and the South3/5 compromise eliminated by what?

Presidential term-4 year term v. unlimited number of years

Federal courts-Constitution est. Supreme Court, all other courts created by Congress

Excessive DemocracyMajority Rule - Hamilton and Madison feared

majorities could abuse their powerShay’s Rebellion provided ample proof

Indirectly Elected PresidentElectoral College-people elect president v. Congress elects

president? President (Executive Branch is NOT by direct election)Framers created an electoral college comprised of electors

who would then choose a “distinguished character of continental reputation”

Electors are now rubber stamps who follow the popular majority in their states

State legislatures originally elected Senators Changed by what amendment?

Staggered term makes it easier to resist popular pressureFramers believed Senate would “check” the House of

Representatives

Supreme Court-president or senate selects?Federal judges serve until they resign, retire, or die

in office- can only be removed through impeachment

Independent judiciary that is insulated from popular control

Federal judges are appointed by the President and confirmed by the Senate

Federalists v. Anti-federalistsRatification sparked a nationwide debate

Large landowners, wealthy merchants, and professionals

Favored stronger national governmentSize of the republic will prevent factions and will limit

governmentConstitutional guarantees

Writ of Habeas Corpus (reason for detention)No bills of Attainder (no law punishing w/o a jury trial)No ex post facto (no retroactive laws/punishments)

States already have Bill of RightsNational powers are DELEGATEDSo…we don’t need a national Bill of Rights!

Included small farmers, shopkeepers, and laborers

Feared too much national government“States’ Rights”Wanted a Bill of Rights

1. The executive has too much power.2. Power needs to be divided between the national

government and the state governments.3. The “necessary and proper” clause gives too much

authority to Congress.4. The new government needs a strong executive.5. Since all rights cannot be listed in the

Constitution, it is better to add a bill of rights after ratification.

6. No bill of rights has been proposed.7. Because all branches are equal, no branch can

control the other branches.8. The proposed Constitution gives too much power

to the national government at the expense of the states.

The Federalist PapersJay, Madison and Hamilton (85 essays)“Publius”Targeted NY and VA

1788- 9th state ratifies Constitution1791- The First Congress ratified the Bill of

Rights

Formal Amendment Process1. Methods of Proposal

2/3 vote in both houses of CongressNational constitutional convention called by

Congress at the request of 2/3 of the state legislatures

2. Method of RatificationBy legislatures in ¾ statesBy conventions in ¾ of the states

3. Key PointAmendment process illustrates the federal

structure of American governmentNot a quick or easy process (isn’t supposed to be!)

1. Congressional LegislationLaws passed by Congress (clarify and expand

constitutional provisions)Acts of Congress created the cabinet departments

2. Executive ActionsSend troops into combat without a declaration of warExecutive agreement

3. Judicial DecisionsJudicial Review (Marbury v. Madison)“The Constitution says what we say it says” – Oliver

Wendall Holmes“The Supreme Court is a constitutional convention in

continuous session” – Woodrow Wilson

4. Party PracticesPolitical Parties are NOT mentioned in the

Constitution(their very existence, the nomination process,

congressional organization)

5. Unwritten traditionsPresident nominates federal judges who are

approved by the SenateUnwritten tradition of senatorial courtesy

requires the President to first seek the approval of the senator or senators of the President’s party from the state in which the nominee will serve