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Weaknesses of the Articles of Confederation
Congress had no power to tax or regulate trade. Laws required 9 states to pass; amendments needed unanimous consent. No national court system or executive branch. Laws passed by Congress could not be enforced. Very weak central government with limited authority.
Daniel Shay
Farmer who led Shay's Rebellion (armed protest) against state tax collections and foreclosures. Highlighted the need for a stronger national government and law/order.
Virginia Plan
Bicameral legislature, representation based on population, strong central government.
New Jersey Plan
Unicameral legislature, each state one vote, expanded powers for Congress but less central power.
The Great Compromise
Bicameral Congress with Senate (equal representation) and House (population-based).
3/5s Compromise
Every 5 slaves counted as 3 persons for representation and taxation.
Other Compromise
Congress could regulate trade but would not tax exports or ban slave trade before 1808.
Electoral College
Delegates select president/vice president; voters choose electors today.
Preamble
States the goals and purposes (form union, justice, peace, defense, welfare, liberty).
Articles of the Constitution
7 total: Legislative branch powers and structure, Executive branch powers and election, Judicial branch powers, Relations between states and federal government, Amendment process, Supremacy Clause (Constitution is supreme law), Ratification process.
Purpose of the Preamble
To outline the goals of the Constitution: Form a more perfect union, Establish justice, Insure domestic tranquility, Provide for common defense, Promote general welfare, Secure blessings of liberty for present and future generations.
Article I
Legislative branch (Congress).
Article II
Executive branch (President, VP).
Article III
Judicial branch (Supreme Court, lower courts).
Article IV
State and federal government relations.
Article V
Amendment process.
Article VI
Supremacy Clause.
Article VII
Ratification of Constitution.
Formal Amendment Process
Proposal by two-thirds vote in Congress or national convention by two-thirds of states. Ratification by three-fourths of state legislatures or conventions.
Informal Amendment Process
Presidential actions (e.g., executive orders), Judicial interpretation by courts, Congressional actions (implied powers). Example: 25th Amendment clarifies presidential succession.
Branches of Government
Legislative: Makes laws, controls budget, approves appointments, can impeach. Executive: Enforces laws, commander-in-chief, makes treaties, appoints officials. Judicial: Interprets laws, ensures laws are constitutional, rules on disputes.
Popular Sovereignty
Power resides with the people (republicanism).
Limited Government and Rule of Law
Government only acts within law; laws apply to all.
Separation of Powers
Divides government into legislative, executive, judicial branches (Montesquieu).
Checks and Balances
Each branch limits the powers of others to prevent tyranny.
Federalism
Division of power between national and state governments.
Enumerated Powers
Specifically listed in Constitution; belong to federal government.
Reserved Powers
Powers reserved for the states (e.g., schools, marriage laws).
Concurrent Powers
Shared by both federal and state governments (e.g., taxation, courts).
Supremacy Clause
Found in Article VI. Constitution, federal laws, and treaties are the supreme law of the land.
War with Britain
The conflict that led to the need for new local governments after independence.
Colonies / States
Former British colonies that became independent states with their own constitutions.
Constitutions
Written plans outlining how a government is organized and operates.
Legislature
The branch of government that makes laws.
Governor
The chief executive officer of a state, responsible for enforcing laws.
Courts
Judicial bodies that interpret laws and administer justice.
Bill of Rights
A list of basic freedoms and protections guaranteed to citizens.
New Hampshire
The first colony to organize as a state and write a constitution (January 1776).
Bicameral
A legislature consisting of two houses or parts.
State Governments
Governments organized at the state level with legislative, executive, and judicial branches.
Governor's Duty
To carry out and enforce the laws.
Court System
The network of courts that interprets and applies laws.
Judges
Officials who decide what laws mean and how to apply them.
Trial by Jury
The right to have a group of peers decide the outcome of a legal case.
Protection of Personal Property
Legal safeguards for individuals' belongings.
Confederation
A group of independent state governments united for a common purpose.
Ratify
To approve formally.
Articles of Confederation
The first constitution of the United States creating a 'league of friendship' among states.
Confederation Congress
The one-house legislature under the Articles where each state had one vote.
Weaknesses of Articles
Required 9 states to pass laws, unanimous consent for amendments, no enforcement power, no taxation power.
Ordinances
Local laws, often for cities or counties.
Ordinance of 1785
Law setting rules for surveying and selling land in townships.
Northwest Ordinance of 1787
Established government for Northwest Territory and banned slavery there.
Treaty of Paris (1783)
Ended Revolutionary War between America and England.
National Debt
Money owed by the country after the war.
State Debt
Money owed by individual states, leading to heavy taxation.
Trade Slowdown
Economic decline due to taxed imported goods and reduced sales.
Shay's Rebellion
Armed uprising led by farmer Daniel Shay protesting unfair taxes and debt collection.
Constitutional Convention
1787 meeting where delegates revised Articles and created new Constitution.
Delegates
Representatives from states who attended the convention.
Secrecy
The convention's discussions were kept private.
Lack of Power and Money
Congress couldn't tax, regulate trade, or enforce laws.
Lack of Central Power
No single leader or national courts existed.
Rules too Rigid
Laws required 9 states' approval; amendments required unanimity.
Three-Fifths Compromise
Counting each five slaves as three persons for representation and taxation.
Other Compromises
Congress regulates trade but won't tax exports or ban slave trade before 1808.
Federalists
Supporters of the Constitution who favored a strong national government.
Anti-Federalists
Opponents of the Constitution who wanted protections for individual rights.
Constitution
The supreme law and plan for government in the U.S.
Articles
The seven main sections outlining government structure and powers.
Amendments
Changes or additions to the Constitution.
Form a More Perfect Union
Goal to unite states into a stronger nation.
Establish Justice
Ensure fairness and equality under the law.
Insure Domestic Tranquility
Maintain peace within the country.
Provide for the Common Defense
Protect the country from external threats.
Promote the General Welfare
Support citizens' well-being.
Secure Blessings of Liberty
Protect freedoms for current and future generations.
Informal Amendments
Changes through presidential actions, court rulings, or congressional laws.
25th Amendment
Clarifies presidential succession.
Necessary and Proper Clause
Allows Congress to make laws required to carry out its powers.
Implied Powers
Powers not explicitly listed but necessary for government function.
Loose Interpretation
Belief Congress can make laws not forbidden by Constitution.
Strict Interpretation
Belief Congress should only make laws explicitly stated.
Supreme Court
Final authority on interpreting the Constitution.
Sovereignty
The right to rule.
Limited Government
Government only has powers granted by the people.
Rule of Law
Everyone, including leaders, must follow the law.
electoral college
A group of representatives selected by each state to formally elect the President and Vice President of the United States.
treaty of paris
The agreement that ended the Revolutionary War between the United States and Great Britain in 1783, recognizing American independence and establishing borders.
supremacy clause
The clause in the US Constitution that states federal law takes precedence over state law, ensuring that national laws are the supreme law of the land.
inumerated
powers specifically listed in the Constitution that outline the authority of Congress and the federal government.
reserved
powers that are not granted to the federal government by the Constitution, and are therefore reserved for the states or the people.
implied
powers not explicitly stated in the Constitution but necessary for the government to carry out its functions.
concurrent
powers that are shared by both the federal and state governments, allowing them to legislate and regulate in specific areas.