Government by the States The USA started as 13 separate, independent states. The USA started as 13...
Transcript of Government by the States The USA started as 13 separate, independent states. The USA started as 13...
Government by the States
The USA started as 13 The USA started as 13 separate, independent states.separate, independent states.
Articles of Confederation established the first government of the USA
Established a “Firm League Established a “Firm League of Friendship” among the of Friendship” among the 13 states13 states
Confederation - Association of independent states (nations)
Articles of Confederation
Articles of Confederation
Written by the 2nd Continental Congress in 1776 but not ratified by the states until 1781
Americans avoided building a strong central government
Articles of Confederation
Each state had its own constitution Several states had “Bills of Rights” in
their constitutions to protect citizens from tyranny
PA’s constitution allowed all male taxpayers over 21 to vote
PA’s assembly had to be elected each year
Articles•1 Branch – Congress•Each state received 1 vote•States could send as many delegates
as they chose•Congress only met during the year as
needed
Articles of Confederation
Articles• Congress had a list of areas that they had
control over• The national government could only do the
things specifically listed• In order to change the Articles, all 13 states
had to agree• In order to pass new laws, 9 states had to
agree
Articles of Confederation
1. Make peace and war
2. Send and receive ambassadors
3. Make treaties
4. Borrow money
Articles of Confederation
ContentsContents
5. Set up a monetary system6. Build an army and navy7. Fix standard weights and
measures8. Settle disputes among the
states
Articles of Confederation
ContentsContents
What was it missing?What was it missing?
Why wasn’t it changed?Why wasn’t it changed? The Articles had many The Articles had many
weaknesses, particularly after weaknesses, particularly after we won the war and no longer we won the war and no longer had a reason to cooperatehad a reason to cooperate
Articles of Confederation
Need unanimous vote to amend Articles
Need 9/13 states to pass any law 1 vote for each state, regardless
of size or contributions to the treasury
Articles of Confederation
WeaknessesWeaknesses
No power to collect taxes
No way to enforce laws
No way to regulate trade
No national courts
Articles of Confederation
WeaknessesWeaknesses
•Wealthy v. States v. Farmers Government promised money to soldiers
when they signed up for the war. After the war they didn’t have the money to pay them
The state governments had no federal oversight.
Wealthy that lent money to the states demanded repayment
Shay’s Rebellion(1786)
States raised taxes to try to get out of debt.
Farmers were borrowing money to pay their taxes and were unable to pay their loans.
Loans were owed to some of these same wealthy businessmen.
Shay’s Rebellion
Banks were foreclosing on the farmers properties, with the help of government officials
Daniel Shay and 1200 followers blocked the courthouse to prevent foreclosures from being processed in Massachusetts
Shay’s Rebellion
January 25, 1787Shots are fired as farmers riot in Massachusetts
State troops ended the uprising.
Shay and the leaders were eventually captured and arrested.
They were released with “time served” and a fine.
Shay’s Rebellion
‘Nationalists’ were convinced that the Articles needed to be strengthened.
George Washington asked representatives to meet at Mt. Vernon, and then at Annapolis, but hardly anyone showed up.
After Shay’s Rebellion, 12 of the 13 states sent representatives to Philadelphia
Shay’s Rebellion
Achievements of theArticles of Confederation
• Successfully ran the war and negotiated the peace
• Held a brand new country together for over 10 years without a hostile takeover
• Wrote the Northwest Ordinances of 1785 and 1787
Northwest Ordinance - 1785
• Policy for incorporating new territories into the union• The federal government had the land
surveyed and divided into territories and townships
• Each township was 6 square miles and was required to set aside land for public schools
OhioIndianaIllinois
Michigan
Wisconsin
Minnesota
Northwest Ordinance - 1787
• A territory would be administered by the federal government until they had 5,000 free male inhabitants of voting age
• The inhabitants would then elect a territorial legislature. They could then send representatives to Congress but they couldn’t vote
Northwest Ordinance - 1787
• When they reached 60,000 inhabitants, they could write their own state constitution
• If Congress approved the constitution, they became a state
Northwest Ordinance - 1787
Established organized, uniform requirements for entering the union
Established the principle that the new states would be equal to all other states
System is still used today, with slight modifications
USA’s Current Territories
Unincorporated• Puerto Rico• Virgin Islands• Guam
Administered by the Department of the Interior• Wake island• Midway Island• American Somoa
Section 2
The Constitutional Convention
Constitutional Convention (1787)
55 delegates met in Philadelphia
All states except Rhode Island sent delegates
Constitutional Convention (1787)
They concluded that the Articles could not be changed so a new document was written
James Madison is ‘father of the Constitution’
Constitutional Convention
Virginia Plan
Bi-Cameral Legislature
Representation by population and wealth in lower house; lower house would choose upper house
3 separate branches of government
Constitutional Convention
Virginia Plan
Power to veto state legislation
Power to enforce laws in the states
Power to tax
Constitutional Convention
New Jersey Plan
Unicameral Legislature
Equal representation for states
Power to tax
Constitutional Convention
New Jersey Plan
Power to regulate interstate trade
Executive & Judicial Branches appointed by the legislature
Constitutional Convention
Connecticut (Great) Compromise
Bicameral legislature
Lower house based on population and elected by popular vote
Upper house would have equal representation, appointed by state legislatures
Constitutional Convention
Three/Fifths Compromise
Southern states wanted to include the number of slaves in their population
Northern states said you could not have it both ways - people or property
Compromise counted every 5 slaves as 3 people, or every slave as 3/5’s of a person
Not repealed until 1865
Constitutional Convention
Final Agreement
Federalism – Authority is shared between the national and state governments
The national government would have the power to tax and enforce laws
3 separate, distinct branches of government
U.S. ConstitutionFinal Notes
A system of checks and balances would be included to keep any one branch from becoming too powerful
National powers are enumerated, to keep them limited
U.S. Constitution Final Notes
The president would be elected indirectly by the people (electoral College)
A federal court system was created, with a Supreme Court and lesser courts
Ratification would take 9 of the 13 states
Essay Question:
Compare and Contrast the Articles of Confederation with
the U.S. Constitution
Section 3
Ratifying the Constitution
Ratifying the Constitution
Federalists Anti-FederalistsIn favor of the Constitution Against the Constitution
Favored a strong national government
Favored strong state governments
Alexander Hamilton, James Madison, John Jay
Thomas Jefferson, Patrick Henry,Sam Adams
The Federalist Papers The Anti-Federalist Papers
Delaware, New Jersey, Connecticut 1st to ratify
Georgia and Pennsylvania followed
Massachusetts, Maryland, South Carolina, New Hampshire (9th)
Without New York and Virginia, slim chance of being successful
Ratifying the Constitution
Ratifying the Constitution
Pennsylvania Assembly approved the new Constitution after James Wilson eloquently spoke of
its benefits
Federalist papers and promise of Bill of Rights resulted in approval by VA & NY (1788)
North Carolina delayed but gave in, November 1789
Rhode Island was ‘convinced’ to approve it in May, 1790
Ratifying the Constitution
The Constitution
Was ratified on June 21, 1788
It has 7 articles that describe the basic framework of our government
Article 5 contains provisions for amending the Constitution, should it prove necessary
The Bill of Rights
1st Amendment
Freedom of religion Freedom of speech Freedom to petition
the government Freedom of
assembly Freedom of the press
Critical Thinking
Why are the first amendment rights necessarynecessary in a democracy?
2nd Amendment
A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
Note: A militia is a local, volunteer army.
Jews for the Preservation of Firearms Ownership, Inc.
3rd Amendment
Except in time of war, troops will not be quartered in civilian homes without the owners consent
4th Amendment
Protects people from unreasonable search and seizure
Search warrant needed – specific
Exceptions
5th Amendment
Prohibits double jeopardy Indictment necessary before trial Innocent until proven guilty Protection against self-incrimination Due process clause - People cannot be
denied life, liberty, or property without the due process of law
Limits the government’s right to take your property (due process clause)
6th Amendment
Entitled to a trial by jury
Entitled to call witnesses in your defense
Entitled to confront your accusers
Entitled to a lawyer
Entitled to a speedy, public trial
Accused criminals are:
7th Amendment
People have the right to a jury trial in civil cases when the amount of damages exceeds $20.
8th Amendment
Forbids excessive bail to accused criminals
Forbids cruel and unusual punishments for convicted criminals
Critical Thinking
One of the reasons the Federalists opposed a bill of rights was because it was impossible to make the list all-inclusive. If a right wasn’t included in the list, did that mean you didn’t have it?
9th Amendment
Makes clear that rights not specifically included in the Constitution were not sacrificed
10th Amendment
The powers of the national government are enumerated
Those powers not specifically given to the national government are reserved for the states
Enumerated or Reserved?
Coin money
Build schools
Raise an army
Criminal laws
Marriage and divorce
Regulate foreign trade
Pardon criminals
Create a fire department
Proposal / Ratification
These amendments were proposed by the new Congress in 1789
There were originally 12 but were condensed to 10
They were ratified in 1791 and became known as the Bill of Rights
Supreme Court
Each year the Supreme Court is asked to interpret the Bill of Rights and its relevance to contemporary legal cases
American Civil Liberties Union
Commonly referred to as the ACLU
Founded in 1920 to assist people in protecting their civil rights
Section 4
Inauguration• NYC - 1789
Precedent• Tradition• Many started by George Washington
Planning D.C.• Location – between 2 states (now 3)• Streets lettered and numbered
The End