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| Chapter 2, cont. |
| VII. The Articles of Confederation: Our First Form of Government A. Overview�first attempt to establish a political authority Confederation: weak, loose, voluntary alliance *to establish a firm friendship strong enough to beat the Brit w/out losing their independence reflected colonies fear of centralized power; any changes had to be unanimous regulations based on state, each state coined its own currency, causing problems B. Basic Structure 07 September 2004 1. Congress�was one big house; changes to Articles required unanimous vote 2. Most legal powers retained by the States�controlling all taxing powers & law enforcement 3. Congress responsible for�war & peace between countries C. Accomplishments of the Articles�settled claims in western lands D. Weaknesses of the Articles�Congress could request troops from states, but states didn�t have to comply; no power to raise an army; couldn�t regulate trade; couldn�t directly tax ppl, requesting money from states; no coercive powers; high # of votes required to get anything done; no judicial branch. builds up to: E. International and Financial Crises�problems negotiating trade w/Brit as a whole, creating competition among the states; Elite getting concerned about total breakdown & losing independence F. Shays� Rebellion and the Need for Revision of the Articles Daniel Shays led group of about 2,000 farmers in debt�debtors prison bigger than regular prison they went around to capture courthouses, banks, arsenals to burn records (proof of farmers� debt) Govt is helpless! they finally hired small army�need a govt strong enough to deal w/radicals G. Annapolis (MN) Convention�1786�called for a convention in 1787 to strengthen the Articles VIII. Drafting the Constitution A. Influences on the U.S. Constitution B. Inherited Political Traditions (things to keep in mind when writing) 1. Consent of the Governed�they can withdraw their consent if it gets too out-of-hand 2. Separation of Powers�separate govt into different institutions, each has their own powers to keep the other from having too much power 3. Participatory Democracy�reps elected locally & should go back to ppl for re-election C. The Constitutional Convention�held in Philadelphia, PA�May-Sept 1787 12/13 states participate, 55 men. �unseemingly� (underhanded) motivation�to make more $ for themselves they were supposed to revise the Articles, but instead rewrote them altogether instead They went in there with false pretenses. Kept things confidential D. Conflict and Compromise (Factions) Federalists favored strong central govt. Republicans (Anti-Federalists) favored strong state govts 1. Big vs Small a. The Virginia Plan--favored big states. Bicameral legislature. # of people in them should be determined by # of people in the state b. The New Jersey Plan--favored small states. Also Bicameral legislature # of people in the legislature should be equal # of people from each state c. The Connecticut Plan (The Great Compromise) one of each! House of Reps based on population; Senate has equal representation *Legislation must go through both of them. Establish President and Judiciary. 2. North vs South (the other split)--The question of slavery S wanted slaves counted as population for states' # of ppl in Congress N said they'd have to count them for taxes too 3/5 Compromise--slaves counted 3/5 for both E. Working toward Final Agreement (working out details) 1. Using Vague Language--so that they could specify later & let judges make specific decisions Elastic Clause-- "do anything thats necessary & proper" to make laws to do these things 2. Delaying the Decision--worry about slavery decision later, and how to elect reps later 3. The Madisonial Model (James Madison)--Separation of Powers Prevent tyranny by majority or minority *by function and personnel none of the branches have enough power to dominate the other, each independent but must cooperate to govern 4. The Madisonial Model--Checks and Balances Branches have some control over other branches 5. The Executive--settled on electoral college to elect a strong executive branch w/limited powers IX. The Final Document A. Fundamental Principles Restricted by certain laws; but much more authority than in Articles of Confederation B. Preamble -- "We the people..." lays out the goals for American govt C. The Legislative Branch -- (article 1) -- started with this, intended to be the dominant branch Regulate commerce among other countries & among states & collect taxes *necessary & proper clause D. The Executive Branch -- (article 2) -- states qualifications, how they're elected (electoral college), commander in cheif of the army, international affairs (power to make treaties) *says very little about specific powers E. The Judicial Branch -- (article 3) -- One Supreme Court & let Congress make more courts as needed. Once judges are in the seat, there for life unless impeached (keeps them independent from political situation) Judicial Review not mentioned in Constitution @ this time (yet) F. National Unity and Power -- (articles 4,5,6,7) 4 full faith and credit (contracts good in all states) 6 Supremacy Clause--laws made effect everyone; Fed law is above state law X. The First National Election A. Debate over Ratification Process some thought we needed unanimous vote; majority says it not necessary. July 1787-finished drafting many states resisted the constitution. 1970-last state, Rhode Island, ratified it. B. The Federalists Push for Ratification 1. Federalists (George Washington, John Adams) -- favored strong national govt, supported ratification 2. Anti-Federalists (aka Democratic Republicans) (older revolutionaries, Thomas Jefferson) -- tied closely to small yeoman farmers, feared strong national govt would result in tyranny and rights being taken away by elite. Favored state-based govt. 3. Arguments: a. Representation: *Trustee Rep-ppl elect reps to trust for decisions *Delegate Rep-idea that rep =simply a delegate for you b. Tyranny--Feds feared majority c. Elastic Clause--was attacked, too general C. Successful Product-- AntiFeds lost the battle but greatly influenced constitution through the Bill of Rights |