Unit 2: The Constitution of the U.S. (1781 – 1791)

Our Democratic Foundations and

Constitutional Principles

Articles of Confederation• 1781-1789 - first true U.S.

government• Weak national government / strong state

governments – opposite of England’s• No President to enforce laws – feared

he might become a king• One-house Congress with little power• No way to tax, support a national

military, print money, or enforce its laws• Not a “union”, but a “firm league of

friendship” between the states

Dissatisfaction with the Confederation

• Each state government had own laws, currency – little cooperation

• Gov’t couldn’t pay pensions to soldiers as promised

• Shays’ Rebellion – western Massachusetts, 1786-87 – debt-ridden farmers rebelled when state took farms & imprisoned debtors

• Crisis convinced many Americans a better system was needed

Conflict 1: Large States vs. Small States

Virginia Plan– Wanted representation in

national legislature based upon a state’s population (proportional) (favored more populous states)

New Jersey Plan– Wanted each state to have

equal votes in the legislature (i.e. like the unicameral Continental & A.O.C. Congress)

– Wanted a multi-person executive branch to enforce the laws

Solution: The Great Compromise

The Great (Connecticut) Compromise– Gave us our present national legislature - 2

house (bicameral) legislature One house based upon population (House of

Representatives) A second house based upon equal votes per

state (the United States Senate)

Conflict 2: North vs. South Southern states

supported slavery– Wanted slaves to count

for representation, but not for taxation

Northern states opposed slavery for moral reasons – wanted slaves to count

for taxation, not representation

Solution: Three-fifths Compromise

Slaves would be counted as 3/5 of a person; states with large numbers of slaves gained more representatives in the U.S. House of Representatives

3/5 of slaves would also be taxed by national government

Allowing slavery to legally exist would be the main cause of the U.S. Civil War less than 80 years later!

Conflict 3: Federalists vs. Anti-Federalists• Constitution had to be

ratified (approved) by 9 of the 13 states

• Federalists thought central government should be strong – James Madison, Alexander Hamilton, John Jay – The Federalist Papers

• Anti-Federalists feared power of central government; took too much power from the states – Patrick Henry, Samuel Adams, Thomas Jefferson

Compromise: The Bill of Rights

• Proposed in 1789 to settle debate between Federalists and anti-Federalists

• Approved by states in 1791

• First 10 Amendments to the Constitution

• Listed citizens’ basic rights in the new government

U.S. Constitution• 1789-present• Replaced Articles of

Confederation• “Written” by James

Madison “The Father of our Constitution”

• Three branches of government:

1) Legislative – Makes law (Congress)

2) Executive – Enforces law (President)

3) Judicial – Interprets law (Courts)

What Did It Look Like??? Preamble – States Purpose of the Document Article I – The Legislative Branch (Senate and House of

Representatives – Qualifications and Powers of) Article II – The Executive Branch (President and Vice

President, Qualifications, Powers, Duties, Impeachment of)

Article III –The Judicial Branch (Supreme Court and Lower Courts, Jurisdiction, and Treason Defined)

Article IV –Relations Among States (Full Faith and Credit, New States Admitted

Article V - The Amendment Process (Changing the Constitution)

Article VI –National Debts, Supremacy Clause, Oaths of Office

Article VII- Process for Ratification (How it was adopted) Bill of Rights – The first 10 Amendments guaranteeing the

rights of citizens

Founding Principles of Our Constitution

Popular Sovereignty – Power is derived from the people (voting) Limited Government – The only powers the government has is

what the Constitution (the people) gives it. No one person or branch is all-powerful.

Federalism – The federal, state, and local governments all share the power to govern. The federal government is supreme!

Separation of Powers – Three branches of government: Legislative (Makes Laws), Executive (Enforces Laws), and Judicial (Interprets Laws)

Checks and Balances – Each branch can limit the power of or check the other two (Veto Power, Power of Appointment (Cabinet Positions, Justices, etc.), Impeachment, Judicial Review, Pardon Power, etc.)

Republican Government – Citizens elect representatives (legislators) to make laws for them.

Individual Rights – The Constitution and Bill of Rights protect citizens’ basic or Natural Rights (Life, Liberty, and Property).

Amendment Process – The Constitution can be changed if necessary. To date this has only happened 27 times. The last Amendment was ratified in 1992.

Foundations of Democracy

• U.S. has a democratic republic – people have the power to rule and elect representatives to serve in government

• Based on ideas from Greeks and Romans, British political system, and philosophers from the Enlightenment

A Federal System• Adoption of

the Constitution made the U.S. into a federal system – government powers shared between national and state & local governments

•National gov’t = Washington, D.C.•State gov’ts = state capitals•Local gov’ts = county courthouse or city hall

How’s that Different from Before?

• England (and most of Europe) had a unitary system – all power flowed from central government

• Previous U.S. government was a confederation system – power held in states, with some power given to federal government

A “Living Document”• Constitution can change through

amendments (changes or additions) as culture and country change

• Slavery, voting rights, civil rights were some of the major changes since 1791

• Only 27 Amendments (10 + 17) – requires 2/3 of both houses of Congress or of the state legislatures to propose and ¾ of all state legislatures to approve

• Courts can interpret Constitution and expand or decrease certain powers and rights over time