DCUSH A.O.C. and Constitution

Quiz monday 09/30 - 16 qs with 1 FRQ

Articles of Confederation

America’s first constitution that listed what the US government can and cannot do.

Who had majority of the power in the AOC

States had majority of the power because they did not want to risk a central government holding majority of the power.

How many branches were in the AOC

It only had 1 branch the Congress or legislature body

How did the AOC work

Each state has 1 vote and you needed 9/13 to pass any laws. When Congress is not in session, you can make minor decisions through the Committee of States.

Powers of the Congress

Can borrow money, handle foreign relations and Natives, and wage war

Limits of Congress

It cannot collect taxes, enforce laws, or regulate trade.

Accomplishment of the AOC

Won the American Revolution and established the Treaty of Paris 1783 with Britain.

Three categories of weakness in the AOC

Domestic, Financial, and Foreign issues.

Financial weakness of AOC

War debts were not paid because Congress can’t collect taxes. Additionally, paper money had no value (Given from both the state and Congress).

Foreign weakness of AOC

Britain didn’t give the US the forts they had in the NW territories. Spain didn’t let the US ship their goods down the Mississippi River. (Remember that France lost their land in the French and Indian War – ceded territory to Spain and Britain.)

Shay’s Rebellion - Domestic issue with AOC

Massachusetts farmers were led by Daniel Shay, a war veteran, to rebel against: Imprisonment for debt, high taxes, and lack of paper money.

Impact of Shay’s Rebellion

Stopped tax collection and debtor’s court was closed.

Led to Constitutional Convention of 1787

Constitutional Convention of 1787

12 states and 55 delegates met in Philadelphia (Pennsylvania) to revise the A.O.C. but ended up drafting the Constitution.

Who’s the “Father“ of the Constitutional

James Madison

Land Ordinance of 1785 - NW Territory

Regulates and sets policies on selling Western land. At least one section of land in each town needed to be set aside for public education.

NW Ordinance of 1787

Creates laws for how new territories between the Great Lakes and Ohio River should be set.

Rules for creating new territories

To make a state you needed 5,000 free adult male settlers, an elected governor, secretary, and 3 judges, and a population of 60,000.

Virginia Plan

James Madison argued that larger states – Pennsylvania and Virginia – should have MORE representatives. It was in favor of LARGER states.

What did Madison propose for the government?

Proposal: Create a central government with three branches: Executive, Legislative, and Judicial.

Executive Branch

Ensure laws are carried out

Legislative

Congress is divided into an upper and lower house they make the laws.

Judicial

System of courts- interprets the laws

New Jersey Plan

Response to the Virginia Plan: Smaller states like Delaware and New Jersey wanted equal representation in Congress or the Legislative branch.

Wanted one house – unicameral – of Congress and equal representation per state. Also planned to increase Congress’s power financially (Handling money and trade affairs).

What did the two plans, Virginia and NJ lead to?

Great Compromise

Great Compromise

Roger Sherman proposed a two-house Congress with a House of Representatives and Senate that accommodated both the population and equal representation demands of large and small states.

House of Representatives- Lower House

Each state is given representatives based on its population

Senate

Each state has 2 seats in Senate - favors small states

Representation Issues

Southern states wanted to include enslaved people for their representation = More representation in Congress. Northern states didn’t want enslaved people in representation – slaves couldn’t vote = No representation. Debate on slaves and representation led to the 3/5th Compromise.

3/5th Compromise

Each enslaved perosn was counted as three-fifth of one free man. Allowed Southern states to have representation of their slaves.

Article 1 Section 9

Migration of slaves or importation of people (same thing as slaves in this context) will NOT be prohibited before the year 1808. Each importation is taxed $10 and slavery continued for 20 more years.

Article 4- Section 2

Slaves will be returned to their original state and owner if they runaway. All runaways MUST be returned to their owners.

Article 1- Section 8: Elastic Clause

Congress has the authority and power to do what is necessary to carry out its enumerated aka specific powers.

Basically, power BEYOND what is specifically stated in the Constitution.

Bill of Rights or 10 Amendments

Congress made 10 amendments to protect US citizens and their inalienable rights in 1789 to prevent the federal government from becoming a tyranny.

Federalists

Supported having a strong, central government. Led by Washington, Jay, Madison, and Hamilton. Organized group composed of bankers and businessmen.

Federalist Papers

A campaign of essays by Hamilton, Jay, and Madion on why the 13 states should ratify the Constitution. They also promised to have a Bill of Rights.

Anti-Federalists

Didn’t want the federal government to have too much power because they wouldn’t be able to meet the needs of the Americans. A Bill of Rights was necessary to protect the citizens.

Is there an amendment that grants you the right or protection to public education?

No

1st Amendment

Guarantees freedom and right to assembly, religion, press, petition, and speech. (5 freedoms.)

2nd Amendment

You have the right to bear arms and a militia is necessary for a free state.

3rd Amendment

Prohibits the Quartering Act on citizens – citizens are not forced to house soldiers.

4th Amendment

Citizens are protected from an unreasonable search and seizure by the government.

5th Amendment

Individuals are protected from self-incrimination (forensics momenttt) – “I plead the fifth!!”

(5th Amendment) Double jeopardy and self-incrimination

Cannot be tried twice for the same crime you were already convicted of EVEN if new evidence is found.

You cannot be forced to testify against yourself in court. (Basically, say anything that would make you be found guilty.)

6th Amendment

A defendant (person being accused) has the right to a speedy and public trial in criminal cases.

Fair and unbiased jury taken locally where the crime happened.

Miranda Warning

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed to you.”

7th Amendment

In federal civil cases, every defendant (the accused person) has the right to a trial by jury (trial with 12 jurors- ordinary people) when the offense exceeds (is more than) $20. ONLY in civil cases

8th Amendment

Government is prohibited from enforcing cruel and unusual punishments. No excessive bail, fines, or cruel punishment can be enforced. (Torture devices etc.)

9th Amendment

Certain rights not explicitly mentioned in the Constitution are still rights people get. Prevents the only rights listed as the ONLY one’s people have.

Limited Government

American government has powers and limits. Citizens have inalienable rights that cannot be taken away.

Republicanism

The people elect representatives to make choices on their behalf. There will not be any monarchies or artisocracies under this form of government.

Checks and Balances

The power and purpose or function of each government branch limits the power of the other branches. Helps limit powers.

Separation of Powers

The government was separated into 3 branches: Executive, Legislative, and Judicial. Inspired or proposed by Baron Montesquieu who compliment the structure of British parliament.

Popular Sovereignty

People have the power and they consent to the government. The government is formed to benefit the general will of the people.

Federalism

A division of power between the central government and regional governments. These powers are shared regarding the three branches of government: Executive, Legislative, and Judicial.