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Creating the Constitution. 2 A Limited Government Articles established a “firm league of...
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Creating the Constitution
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2
A Limited Government
• Articles established a “firm league of friendship” among the states
• Bills were passed with nine of thirteen votes
• Amending the Articles took unanimous consent of the states
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3
Structure of Government• Unicameral (single house)
legislative body
• Each state had one vote regardless of population size
• Congress given sole authority to govern the country
• An executive committee oversaw government when Congress was not in session
• Congress would establish temporary courts to hear disputes among the states
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Powers Granted to Government under the Articles of
Confederation• Declare war and make peace
Make treaties with foreign countries
• Establish an army and navy
Appoint high-ranking military officials
• Requisition, print, and borrow money
• Establish weights and measures
Hear disputes among the states related to trade or boundaries
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Powers Denied to Government
• No power to raise funds for an army or navy
• No power to tax, impose tariffs, or collect duties
• No executive branch to enforce laws
No power to control trade among the states
No power to force states to honor obligations
• No power to regulate the value of currency
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Problems Facing the New Nation
• Trade with foreign nations. States often competed with each other over trade
• Financing the nation
• Not united. People strongly identified with their state A 1783 cartoon satirizing relations
between Britain and America
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Trouble in Massachusetts• Debt problems hit Massachusetts farmers. Shay’s
rebellion
• Debtors jailed or sold into servitude
• Economic depression and lack of remedy from state legislatures increases frustration
Boston in 1787
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The Constitution’s Origins
• Ancient Greece and Rome
• The theories of the Enlightenment
• Evolution of English government
• The colonial experience
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Historical Influences on the Constitution
Classical learning of the Greeks and Romans
The Greeks
• Value of citizenship
• Role of the people in government
• Divided functions of government
The Romans
• Laws based on equity and justice
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The Enlightenment
• Locke, Montesquieu, Rousseau• Political ideas
– The people are sovereign– Government is a contract
between the people and the government
– People possess natural rights of life, liberty and property
– If government abuses its power, the people can take it back
Locke
Rousseau
Montesquieu
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The Magna Carta—1215
• English barons meet with King John at Runnymede
• No taxation without consent
• Respect property rights
• Follow due process in legal matters
• No unjust punishment
• Abide by the rule of law
King John places his seal on Magna Carta
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The Declaration of IndependenceA. The people are sovereign
B. Government is a contract between the people and the government
C. People possess natural rights of life, liberty and property
D. If government abuses its power, the people can take it back
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The Virginia Plan
• Proposed a strong national government
• Three active branches of government– Legislative
– Executive
– Judicial
• Two-house Congress with proportional representation
Edmund Randolph
Gouverneur Morris
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The New Jersey Plan
• Single-house legislature
• Equal representation
• Plural executive elected by Congress
• Supreme Court chosen by executive
• Acts by Congress and treaties superior to state law
William Paterson
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The Great Compromise
• The House would have proportional representation
• The Senate would have equal representation
The Senate buildingThe hall of the House of
Representatives
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Compromises between Northern and Southern States
• Three-fifths of slave populations would be included in determining House representation
• The South agreed to allow Congress to have the power to pass tariffs
• The North agreed not to interfere with slave importation for 20 years
• Compromises avoided makingslavery an issue for debate
• Framers ended up merelypostponing a national calamity
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Major Features and Innovations
• Separation of powers
• Checks and balances
• Limits on direct democracy
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Major Features and Innovations (continued)
• Supremacy clause
• Federalism
• Amendments
• Ratification process
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The Struggle for Ratification
• Congress agrees to send the Constitution to the states
• Ratification procedure called for direct input from the people and not the state legislatures or Congress
• Two distinct views emerged:
– The Federalists
– The Anti-Federalists
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Federalists• Who were the Federalists?
• Central government essential
• Believed the Constitution addressed all the shortcomings of the Articles
• Provisions in place to check government’s power
John JayJames MadisonAlexander Hamilton
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Anti-Federalists• Who were the Anti-Federalists?
• Central government had too much power
• The “distant” government would neglect their needs
• The Constitution favored the wealthy and commercial classes
• No protection of individual liberties
Richard Henry Lee Patrick Henry Samuel Adams
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The Federalists’ “Hard Sell”
• Argued that the Constitution adequately addressed the country’s problems
• The Federalist Papers provided sound, reasoned arguments
• Portrayed the Constitution as the best—and only—plan available
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Creation of a Bill of Rights
• Initially, the Constitution had no bill of rights
• Federalists agreed to include a bill of rights
• Bill of Rights drafted and approved in the first Congress in 1789
• Approved by the people through the amendment process in 1791
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The Promise in the Bill of Rights
• Written rights don’t guarantee rights
• The Bill of Rights continued the dialogue on liberty and freedom discussed at the Federal convention
• 14th amendment: Federal and state governments are held accountable to not violate people’s rights
• Democracy is best practiced by people defending their rights
• The Supreme Court serves as the forum for continued dialogue over people’s rights and freedoms