Our U. S. Constitution

Birth of our enduring nation

Why did the Articles of Confederation fail?

• November 1777- March 1781: a Confederation (partnership) of independent equal states was formed

• Because of the experience of the American Revolution, Americans were frightened by a strong central government and showed more loyalty to their states

• The new government contained only one branch- unicameral legislature with no power to enforce laws or settle disputes (Georgia modeled their 1777 Constitution on 3 branches, but the legislature was unicameral and had all the real power including appointing the governor )

Why did the Articles of Confederation fail? continued

• Congress had no money and could not

levy taxes; it could only ask states for

“voluntary contributions”

• Congress had no power to regulate trade

between states or with foreign nations

• Congress failed to protect citizens from

state discrimination and economic

difficulties after the war

Why did the Articles of Confederation fail? continued

•Each state only had one vote in Congress,

regardless of size.

•Amendments to the Articles of

Confederation required a unanimous vote.

•Laws required a 9/13 majority to pass in

Congress.

Case Study: Shay’s Rebellion

1786- America was in financial trouble: businesses failures, people in debt, trade problems, war debt and soldiers salaries not paid

Massachusetts farmers blamed state taxes on their financial problems

Daniel Shays led a revolt against the state government, trying to capture arms at the state militia arsenal

Neither state nor Confederation government had the power to stop the rebellion;

How could a country exist if it could not keep law and order?

Philadelphia Convention May- October 1787 55 delegates from 12 states; Georgia sent 4, but only William Few and Abraham Baldwin would sign the final document.

Six compromises were needed to form the Constitution for a stronger national government:

Separation of Powers

Checks and Balances

Federalism

Representation

Guarantees to the States

Amending the Constitution

Separation of Power

U. S. Constitution

“Supreme Law of the Land

Legislative Branch

To make laws

Executive Branch

To carry out, enforce,

& administer the laws

Judicial Branch

To interpret the laws

& settle legal disputes

To prevent a national government from

becoming a dictatorship, the framers of

the Constitution laid out a plan for shared

powers. The National government would

be divided into three branches, all based

on the voters. Both the leaders of the

Legislative Branch and the Executive

Branch would be voted on by the people,

and the leaders of the Judicial Branch

would be selected by the Executive &

Legislative Branch.

Checks and Balances To further balance the power,

each of the three branches could check

the powers of the others

Executive Branch

Legislative

Branch

Judicial Branch

Appoints

vacancies

Determines if laws

Are constitutional

Confirm appointments

Impeach, override veto

Power to veto

Impeach, propose amendments

Interpret laws, determine

if they are constitutional

Federalism

On the issue of a strong national government with strong state powers, the compromise consisted of distributing powers:

National government is in charge of national matters

ex. foreign policy; money

In matters of both national & state government concern, they share power

ex. highways; taxes

In some matters, states are free to govern without national interference; local governments are arms of the state

ex. education programs; traffic violations

Representation in Congress “The Great Compromise”

Large states (ex. Virginia)

wanted representation

based on population

Small states (ex. Delaware)

wanted equal representation

Congress created 2 houses-

the House of

Representatives with

numbers based on population

and the Senate with 2

representatives from each

state

Heavy Slave states wanted to

count slaves into population

totals, but not taxable

Non Slave states did not want

to count slaves into population

totals; wanted Congress to

regulate slave trade

3/5 of the slave population

would be counted for population

and taxes; Congress could not

regulate the slave trade for 20

years (1808)

*Abraham Baldwin-GA-forced the

compromise

Guarantees to the States How would the Constitution protect the states and guide their

relationships?

The National government will protect the states from foreign

invasion or domestic violence

Moving from state to state will not deny a citizen his rights

There will be an orderly process for a territory to become a

state, with equal rights and powers as other states (no colonies)

Every state is guaranteed a republican form of government, but

lets the people of each state shape that government

Amending the Constitution How easy would it be to change this document on

which the government was built?

Not so easy as to be altered by changing, temporary emotions

Must be flexible to grow with a changing nation

2/3 of both houses of Congress or 2/3 of state legislatures must propose an amendment or call a convention to propose one; ¾ of the states would have to approve the proposed amendment for it to pass. In 200 years this has happened only 27 times.

Compromise needed to get ratification of the Constitution:

Fearing danger to individual liberties in the new constitution, opponents got a promise to add the

Bill of Rights (first 10 Amendments):

I. Freedom of religion, expression, press, & assembly

II. Right to bear arms

III. No quartering of soldiers

IV. No unreasonable searches or seizures

V. Right to due process of law (rights of persons accused of a crime)

VI. Right to a fair trial

VII. Right to a trial by jury

VIII. Fair bail and punishments

IX. Rights to be retained by the people

X. Powers reserved to the states and people (powers not listed by the constitution are reserved to the people or the state.)

And so through compromise, our Enduring Constitution was formed