Articles of Confederation and the Constitution Test

Articles of Confederation

first governing document; weak central government with more power concentrated in the states; ultimately failed

Ordinance of 1784

set the precedent for orderly expansion and statehood but was superseded by the Land Ordinance of 1785

Ordinance of 1785

created a grid system to sell public land out west; $1 per acre

Northwest Ordinance (1787)

set parameters for adding new states in the west; republican governments, Congress set governors/judges

Shays’s Rebellion

MA farmer rebellion due to unfair taxing; national govt. does nothing, sign that government needs more authority

Nationalists

people who supported a stronger central government

How was the national government structured under the Articles of Confederation? What powers was it limited to?

The national government was very limited compared to the state government, with Congress but no national judiciary or executive; Congress could declare war/negotiate peace, conduct foreign affairs, settle state disputes, and negotiate w/ Native Americans; they could not tax or enforce laws

What problems did Congress face regarding the settlement of western land? How did Congress attempt to address these issues?

States had already laid claims to the land; attempted to address this issue with the Land Ordinances of 1784/85 and the Northwest Ordinance of 1787, both of which determined how to divide up the land and turn it into states 

What foreign policy problems did the Articles government face?

They were competing with Spain for land out west; conflict over trade on the Mississippi River because the river was declared neutral in the treaty, but Spain was not involved in the treaty; resulted in another treaty that gave Spain some land in return for American trade; ultimately failed because the states’ opinion outweighed that of the national government. 

What financial problems did the US face after the revolution? Why was the government unable to address them?

Millions of dollars in debt from borrowing money and issuing bonds; paper money was not backed by hard money (gold/silver) so the value went down; the government could not do anything about it because they (1) had no national bank system and (2) were juggling 14 different currencies

What was the cause of Shays’s Rebellion? What did this demonstrate about the new government?

Poor farmers were being taxed based on the amount of land they owned, and they were being jailed or stripped of their land. This demonstrated that Congress needed control over taxes and law regulations, since the states were being too extreme.

Who were the “nationalists”? What types of people tended to favor them?

Nationalists favored a stronger central government. Wealthy landowners and merchants showed a lot of support because a better regulation on trade would mean more money for them

Constitutional Convention

• meeting of delegates from 12 states to address the issues w/ the Articles; created the Constitution; agreed on a federal system, independent state govts., limited national govt., and republican govt. at both levels

Virginia Plan

larger states want representation based on population

New Jersey Plan

smaller states want equal representation, regardless of population

Federalism

system of government where power is divided/shared between a central authority and regional governments

Checks and Balances

ensuring no single branch becomes too powerful, with each having ways (vetoes, confirmations, judicial review) to limit the others

Three-Fifths Clause

counted three-fifths of the enslaved population for both congressional representation and taxation

What background did the majority of the members of the Constitutional Convention come from? How might this affect their approach to government?

Most of the members of the Constitutional Convention came from wealthy/educated backgrounds, so many of the ideas benefited wealthier members of the country. 

In what ways did the Constitution expand democracy? How did it limit it?

Expanded democracy by establishing popular sovereignty (government's right to rule comes from the consent of the governed); limited it by creating a republic with checks and balances, preventing majority rule

What was the initial model for electing the president? What did this demonstrate about their attitudes to the position?

Electoral College - system of intermediaries, chosen by state legislatures, where each elector cast two votes for president. The candidate with the most votes became president, and the runner-up became vice president; showed the framers wanted a buffer against potential dangers of direct democracy and to reinforce Federalism 

How did the Constitution strengthen the powers of the national government? What powers were given to Congress?

established Federal Supremacy; made three distinct branches with shared powers, granting Congress key abilities like taxing and regulating commerce; allowing govt. to act directly on citizens, creating a more powerful, workable, and unified nation

How did the Constitution deal with the issue of slavery?

⅗ Compromise - each slave counted as ⅗ of a person; South wanted slaves to count as population so they could have more representation; North did not want slaves to count because then their populations would be much smaller in comparison

The Federalist Papers

a series of essays written to gain support for the ratification of the Constitution

Alexander Hamilton

one of three authors of The Federalist Papers; creator of the National Bank and the first Secretary of the Treasury

James Madison

one of three authors of The Federalist Papers; primary author of the Bill of Rights

Anti-Federalists

people against the ratification of the Constitution; included Thomas Jefferson, Patrick Henry (“Liberty or Death” speech), and Samuel Adams (Sons of Liberty)

Bill of Rights

the first 10 amendments to the Constitution; spells out Americans' rights in relation to their government; written as a compromise between Federalists and Anti-Federalists (Anti wanted a BOR)

What arguments did the Federalists make in favor of the Constitution?

created a strong, effective national government needed for unity, defense, and commerce; ensuring liberty through separation of powers, checks and balances, and representation

Why did Madison think the nation’s size and diversity would be advantages for the success of the Constitution?

a large republic makes it harder for any single, narrow faction (like a majority group with selfish interests) to dominate and oppress minorities; forced compromise

What arguments did Anti-Federalists make against the Constitution?

1. A stronger federal government would demolish republicanism - revert back to English monarchial ways

2. Lacked protections towards natural rights (reason for why they wanted the Bill of Rights)

3. Would create an elite social class, and people like small farmers and debtors would suffer

What advantages did the Federalists have in the debate?

Concrete proposal for a stronger central govt. that made more sense than the restrictive Articles

Why was the Bill of Rights added to the Constitution? Why was Madison opposed to the idea?

prevent the government from using implied powers to violate natural rights; Madison, a known Federalist, opposed the addition of the Bill of Rights because he believed that listing them out makes them finite, and it would restrict the rights of people rather than protect them.

Treaty of Greenville (1795)

ended the Northwest Indian War: Native tribes ceded huge amounts of land to the U.S. in exchange for goods/payment/hunting rights; treaty quickly broke down as settlers encroached on Native lands

Assimilation

process where minority groups adopt the cultural norms, values, and behaviors of the dominant Anglo-American society

Gradual Emancipation

freeing enslaved people slowly to sidestep compensation issues

Naturalization Act of 1790

only "free white persons" of "good character" could become citizens after living in the U.S. for two years, requiring them to swear an oath to the Constitution

How did the Constitution address the question of citizenship? What questions did this create?

mostly leaving definitions to states and Congress (naturalization), creating major questions about who was a citizen

How was the question of citizenship complicated by gender and race?

Rights like voting, property, and legal personhood were denied based on racial classifications and patriarchal norms

What three groups of populations did the Constitution identify?

“free Persons” - white citizens, women, children, free Black people, indentured servants

“all other Persons” - enslaved people

“Indians not taxed” - Native American largely excluded from the count

What was the early American government’s attitude toward Native Americans?

They needed to be “assimilated,” but Native Americans did not want to be counted as people. The American government also wanted to take their land to expand the country further

How did the Revolution and Constitution deepen existing inequalities in the United States?

codifying racial exclusion; limiting political power to white male property owners, and creating systems for land commodification; while the rhetoric of liberty paradoxically justified both expanded rights for some (white men) and intensified oppression for others

What were some specific issues with the Articles of Confederation?

weak central government unable to tax, regulate trade, or enforce laws; inability to manage foreign policy or raise a strong military

What were the 4 types of power created by the Constitution?

Enumerated powers - kept by the government only (ex. declare war, coin money)

Reserved powers - kept by the states only (ex. marriage laws, education)

Shared powers - shared between the states and the federal govt. (ex. collect taxes)

Implied powers - not explicitly stated in the Constitution (ex. federal reserve)

How are the Articles of Confederation and the Constitution similar and different?

Similarities: established a US government w/ legislature; powers to declare war, make treaties, and coin money

Differences: Constitution created a much stronger federal govt. with three branches, taxing/trade powers, and direct popular representation; Articles has a weak central govt. with only one branch (Congress)

How are the Federalists and Anti-Federalists different?

Federalists favor a stronger national government, and Anti-Federalists favor a stronger state government 

What is the 1st Amendment?

Congress may not abridge the freedom of religion, speech, press, or the right of people to assemble peacefully; aka freedom of expression - ex. peaceful protesting

What is the 2nd Amendment? 

States have the right to maintain militias and people have the right to keep and bear arms.

What is the 3rd Amendment?

Soldiers may not be quartered in any house during peacetime without the consent of the home owner. In times of war, soldiers must abide by specific laws. - ex. similar to the American response to the Quartering Act of 1765

What is the 4th Amendment?

Search warrants may not be issued without proper authorization. People have the right to be secure in their own homes, and are protected against unreasonable searches and seizures.

What is the 5th Amendment?

The right to a proper trial by jury; no person shall be tried for the same crime twice, be a witness against themself, their private property shall not be taken for public use, nor shall they be deprived of life, liberty, or property - ex. the right to remain silent / “plead the 5th”

What is the 6th Amendment?

In all criminal prosecutions, the accused have the right to a speedy and public trial that takes place in the district wherein the crime was committed. 

What is the 7th Amendment?

Guarantees the right to a trial by jury (in cases addressing property issues, etc) where the amount in question exceeds $20.

What is the 8th Amendment?

Prisoners shall not be excessively put on bail (money the defendant must post to be released from custody until their trial), excessively fined, or punished cruelly or unusually.

What is the 9th Amendment?

The rights of citizens are protected whether or not they are explicitly written in the Constitution or in the Bill of Rights. - ex. right to marry, travel, etc

What is the 10th Amendment?

Any powers not given to the federal government belongs to the states or to the people.