Articles of Confederation-Constitutional Convention

Articles of Confederation

Document that organized the 1st government of the independent states; established a "league of friendship"

Weaknesses of the Articles of Confederation

One vote for each State, regardless of size

Congress powerless to lay and collect taxes or duties, Congress powerless to regulate foreign and interstate commerce, No executive to enforce act of Congress, No national court system, Amendment only with consent of all States, A 9/13 majority required to pass laws, Articles only a "firm league of nations"

Shay's Rebellion

Rebellion led by Daniel Shay in Massachusetts, former Revolutionary War captain; rebellion to prevent foreclosures on farm because farmers couldn't pay taxes; last straw in addressing weaknesses in Articles of Confederation

Ordinance of 1785

Provided for the surveying and division of territory; West of Appalachians to Mississippi River

Contributions of the Articles of Confederation

Establishing a fair and consistent policy for settling and developing lands west of Appalachian Mountains; 1783 Treaty of Paris;Departments of Foreign Affairs, Marine and the Treasury under a single permanent secretary; Full Faith and Credit;

Northwest Ordinance of 1787

Supported a principle advocated by Thomas Jefferson; once territories reached a certain population, they could achieve statehood on an equal basis with the original 13 colonies

Treaty of Paris 1783

Ended American Revolution; British gave land to colonists from Canada to Florida and Appalachians to Mississippi River

Full Faith and Credit

A clause in Article IV of the Constitution requiring each state to recognize the public acts, records, and judicial proceedings of all other states.

Constitutional Convention`

Called to edit Articles of Confederation but resulted in the drafting of the Constitution

James Madison

"Father of the Constitution"; Notes are voluminous and gives best account of convention; becomes convention floor leader; contributed most to Constitution than others but still able to keep close record of work

Edmund Randolph

Introduced resolution to establish government with Legislative, Executive and Judicial branches; Virginia Plan

The Virginia Plan (Large States)

Plan for strong national government; James Madison/Edmund Randolph; Three (3) Branches; Bicameral Congress; Representation based on State population or money; Lower House (H of R) chosen by popular election; Upper House chosen by H of R; Congress powers same as A of C + others; States support Union; Guaranteed representative democracy; Plan to admit new States into union

The New Jersey Plan (Small States)

Plan for strong national government; proposed by William Patterson; Unicameral Congress; Equal representation/State; Tax and trade regulation power limited; proposed "Federal Executive" and "Federal Judiciary"

Differences between Virginia and New Jersey Plan

How should States be represented in Congress?Population? Financial contribution? State equality?

Connecticut Compromise

Bicameral Congress; Senate-equal representation; House-representation based on population; Tax and Revenue Bills start in the House of Representatives

3/5 Compromise

Should slaves be counted in population in the South? Free persons counted; 3/5 of other persons counted; Slaves counted for representation and taxation purposes; Compromise no longer exists because of 13th Amendment (1865)

Commerce and Slave Trade Compromise

Congress forbidden power to tax the export of goods from any State; Congress cannot act on the slave trade for 20 years; Small head tax on migration/importing of slaves until 1808

Federalists

Supported the ratification of the Constitution

Anti-Federalists

Opposed the ratification of the Constitution

Anti-Federalist Papers

Written anonymously in New York Press under pseudonym Cato & Brutus; Arguments in opposition to ratification of Constitution; Arguments: Written in secret; Extralegal, Constitution took important powers from states, Lacked a Bill of Rights

Extralegal

outside the law; convention was supposed to edit Articles of Confederation not result in a whole new document

Federalist Papers

85 essays to get citizens of NY to support Constitution ratification; written by Alexander Hamilton (NY), James Madison (VA), John Jay (NY) under the pseudonym Publius

-Without a republic there will be anarchy

Federalists Papers #10 (Madison)

Most important of Federalist Papers; called for federal republic; defense of federalism; safeguard against factions

Federalist Papers #51 (Madison)

People are bad and we need government; Defending the Constitution as organization of government but still liberties for people; Federalism: 3 branches of government to be independent with checks and balances; factions: cliques; largest faction will be lower class and they will want to take from the rich who will need to be protected; we need a large republic (with branches chopped up at different levels) that will result in more factions so that rich we will be protected from large factions (poor) taking over

Federalist Papers #78 (Hamilton)

Judicial Branch; judicial review: we need a court to look over the laws to make sure they are following the Constitution; addressed concerns of Anti-Feds: afraid of lifetime terms and people getting office and imposing their will (domination); concerned that they will have a job for life and its sketchy how to get judges out of position; Federalists: Judicial Branch has no power of the purse/sword; Judiciary is the weakest of the branches and we need to trust them

Ratification

To accept or approve

Republic

A state in which supreme power is held by the people and their elected representatives, and which has an elected or nominated president rather than a monarch