CHAPTER 2 – THE CONSTITUTION

challenges to articles of confederation

1. 1. U.S.’s first form of gov; united states as a confederation/alliance under 1 governing authority

      1. Each state wrote its own constitution; they all shared: protection of individual freedoms, different branches of gov., & held ruling power in the people

   2. Each state had one 1 vote in the new Confederation Congress

      1. Each state sent delegations (up to 7 men) who voted as one unit

      2. National legislation needed 9/13 votes; amending or altering the Articles needed all 13

   3. Let Congress engage in international diplomacy, declare war, & acquire territory

   4. Provided for:

      1.  extradition (return of fugitives & runaway slaves to original states)

      2. Protection of religion & speech

      3. Encouraged a free flow of commerce between states

      4. Required states provide a fair, public gov. & that Congress could sit as a court in disputes between states

Shays rebellion (challenge to articles of confederation)

1. Shay’s Rebellion

   1. In MA, many poor farmers lost their farms to mortgage foreclosures & their failure to pay higher than avg. state taxes

   2. In early 1787, Daniel Shays led a band of violent insurgents to a federal arsenal in Springfield

      1. There was no national militia since Congress couldn’t raise one, so MA sent their own miliita & defeated them in Feb.

      2. Lack of central military power posed danger

2. Congress was to meet in May 1787 in Philadelphia to amend the Articles to fix it

Financial Problems & Inability to Tax(challenge to articles of confederation)

1. 1. National gov. couldn’t impose taxes, so it relied on voluntary assistance from states

   2. In 1782, 11 states approved a resolution allowing Congress to adopt a 5% import tax 🡪 Virginia was unsure & Rhode Island killed it with “no” vote

   3. In 1783, Madison proposed tax formula based on state pop., but after 4 yrs. it failed

1. An Ineffective Confederation

   1. Examples of weaknesses in Articles:

1. Articles gave more power to the states than central gov. Examples of weaknesses in Articles:

   1. At least 9 states must agree in order to enact a national law

   2. All states must agree to amend the system of gov.

   3. Congress couldn’t tax people directly

   4. National gov. couldn’t raise or maintain an army

   5. No national court system or national currency

   6. Congress encouraged but couldn’t regulate commerce among states

Virginia Plan 

1. ____ Governor Edmund Randolph proposed ____

   1. 3 branches w/ bicameral (2 houses) legislature 

   2. Lower house members elected by people; these members elect upper house members

   3. Made national gov. more supreme over state gov. & set clear limits for each branch

New Jersey Plan 

1. ____ Governor William Patterson proposed______

   1. Ensured states had sovereignty w/ a national gov. w/ limited & defined powers

   2. No national court system & each state has 1 vote in legislature

The Great Compromise

1. 1. Roger Sherman of CT created the _______, which created a bicameral legislature

      1. Satisfied smaller states who wanted equal representation w/ an upper house (Senate – 2 members per state regardless)

      2. Satisfied larger states who wanted reward for being larger w/ a lower house (House of Reps. – # of members based on population of state)

Three-Fifths Compromise & Importation of Slaves

1. 1. Sherman + PA James Wilson proposed that only 3 of every 5 slaves counted to determine representation in the House (passed)

   2. Agreed that Congress couldn’t stop slave trade for 20 yrs. after ratification of Constitution 

   3. Added an extradition clause that addressed how states should handle fugitives & runaway slaves

1. Electoral College 

1. 1. Each state had a # of electors = to the # of reps. they had in Congress

   2. People would vote for these electors, who then voted for the president

Commerce Compromise

gov. could impose a tariff on imports but not exports

Article VII (constitution) – ratification process of the Constitution

1. 1. Outlined how amendments should be proposed & that Constitution would go into effect once 9/13 states ratified it

Article I (constitution)– defined the powers & function of Congress

1. 1. House members elected by the people every 2 yrs.

   2. State legislatures elect senators (changed by 17^th Amendment)

Article II(constitution)

-defined powers & function of President

-both a civilian leader and a military authority

Article III – defined powers & function of judiciary

1. Empowered Congress to make lower federal courts 

2. Federal courts have jurisdiction over cases involving federal law, disputes between states, and concerns w/ gov. officials

3. President appoints (w/ Senate approval) federal judges, who serve during “good behavior” (interpreted to mean for life)

Article IV – defines relations among the states

1. 1. “Full faith & credit clause” – requires states to be open about their laws & encourages states to respect each other’s laws

   2. Also required that states can’t exclude outsiders from basic privileges & immunities

Article V – process for amending Constitution

1. 2/3 vote in both houses of Congress OR proposal from 2/3 of states

2. Ratification by 3/4 of all states

Article VI (constitution)

– supremacy clause (all states must follow the Constitution)

The Amendment Process

1. 1. Proposed by 2/3 of both houses of Congress OR 2/3 of states at a convention initiated by states & called by Congress

   2. Ratified by ¾ of state legislatures OR ¾ of state ratifying-conventions

Constitutional System

1. 1. Created a representative republic that limits gov.

   2. Under federalism, both national & state gov. share power, but national gov. have authority over its own sphere (supremacy clause)

   3. Necessary & proper clause gave gov. flexibility for unforeseen situations

   4. Unforeseen Issues

      1. Didn’t account for the fact that an elector’s vote from a small state was disproportionately more influential than one form a large state

   5. Ratification

      1. Article VII called for states to hold ratifying conventions to approve Constitution & it would go into effect after 9^th state ratified it

A Bill of Rights

1. Anti-Federalists & some pro-Constitution leaders believed a list of rights to be necessary

2. Others, including Madison, opposed

   1. He stated that nations with bill of rights in the past have abused rights anyways

   2. Also believed that listing rights gov. couldn’t take away could allow gov. to take away a right not listed

   3. Also believed that the Constitution never entitled federal gov. to take any rights in the first place, so why was it necessary to list them? 

3. With the assurance that a Bill of Rights would be added, reluctant states ratified the Constitution

The bill of rights contains what amendments?

1-10

Amendment 1

– freedom of speech, religion, press, petition, & assembly

Amendment 2

right to bear arms

Amendment 3

no quartering troops

Amendment 4

no unreasonable searches & seizures

Amendment 5

 indictment, double jeopardy, protection against self-incrimination, due process

Amendment 6

– speedy & public trial by peers, cross exam of witnesses, to call favorable witnesses to testify, right to counsel, & to be informed of the crime accused

Amendment 7

Lawsuits & juries

Amendment 8

– no cruel & unusual punishment, no excessive fines & bail

Amendment 9

– Listing rights in the Constitution doesn’t deny others not listed

Amendment 10

– delegated & reserved powers of the states/people

Checks and Balances

1. 1. Each branch can limit the other through checks & balances

   2. A bill can originate in either house 

      1. Must pass both houses w/ majority vote (50% + 1) 

      2. President can veto it; 10 days w/ no action will let law take effect; if president receives it at end of legislative session & refuses to sign it – bill is killed (pocket veto)

      3. If vetoed, both houses can override it w/ a two-thirds vote

   3. Senate can suggest appointees & must approve presidential nominations