US Consitution Notes
United States Constitution
Articles of Confederation
- The Articles of Confederation were the initial framework for the American government after independence.
- Established by the Continental Congress, it predated the constitutional system that began in 1788.
- Characterized as a "firm league of friendship," it lacked the structure of a strong national government.
- The government consisted of a one-house body of delegates, with each state holding a single vote.
- There was no president or judiciary.
- Decisions required nine out of 13 congressional votes, making it difficult to reach agreements.
- The congress had limited powers: declaring war, conducting foreign affairs, and making treaties.
- It could coin money but lacked the authority to collect taxes, which was left to the states.
- Amendments to the articles required a unanimous vote, resulting in no amendments ever being passed.
- The government was intentionally weak due to Americans' fears of tyrannical governments.
- Weaknesses:
- The central government's inability to collect taxes was a critical flaw.
- States accumulated debt from the war and relied on tariffs, but Congress couldn't impose them.
Accomplishments of the Articles Government
- Successfully concluded the Revolutionary War.
- Developed rules for dealing with the Northwest Territory (Ohio).
- Addressed land issues with Native Americans through treaties, such as those signed at Fort Stanwix and Fort McIntosh.
- Passed the Northwest Ordinance of 1787, which:
- Established a process for creating five new states between the Ohio and Mississippi Rivers.
- Acknowledged American Indians' claim to the land and the need for better treatment.
- Outlawed slavery in the new states.
Shays' Rebellion
- Farmers in Massachusetts, burdened by debt, rose up and closed the courts in 1786 and 1787.
- Led by Revolutionary War veteran Daniel Shays.
- The rebellion was quelled by the state militia.
- Highlighted the weaknesses of the Articles government in dealing with crises.
- Fueled concerns among elites that too much democratic liberty among the lower classes could threaten private property.
- Increased anxieties among holders of government bonds due to the lack of tax revenue for repayment.
- Thomas Jefferson's Perspective:
- He favored Shays' rebellion, stating that "a little rebellion now and then is a good thing."
- He believed that "the tree of liberty must be refreshed from time to time with the blood of patriots and tyrants."
Constitutional Convention
- A meeting in Annapolis in 1786 aimed to better regulate international trade led to the call for a convention in Philadelphia to revise the Articles of Confederation.
- The delegates in Philadelphia decided to write a new charter of government, the Constitution.
The Delegates
- The 55 men who met in Philadelphia were not ordinary; most were wealthy and well-educated.
- Over half had college educations, which was rare at the time.
- About 40% had served in the army during the war.
- They shared a desire for a stronger national government.
- Agreed on:
- The government should have executive, legislative, and judicial branches.
- It should be republican with representatives rather than direct democracy.
Conflicts and Compromises
- Alexander Hamilton advocated for life terms for the president and senate.
- The main goal was to guard against tyranny by the government and tyranny by the people.
- The electoral college was created to elect the president, rather than direct popular vote.
- Conflicts arose between states with big populations and those with small populations.
- The Virginia Plan (supported by large states):
- Called for a two-house legislature with representation proportional to a state's population.
- The New Jersey Plan (supported by smaller states):
- Called for a single legislative house with equal representation for each state.
- The Great Compromise (brokered by Roger Sherman of Connecticut):
- Two houses: the House of Representatives with representation proportional to each state's population and the Senate with two members from each state.
- House members (congressmen) served two-year terms, while senators served six-year terms with of them being up for election in every two-year cycle.
- The Three-Fifths Compromise:
- Addressed the issue of how slaves should be counted for representation.
- The total number of white people plus three-fifths the population of other persons (slaves) would be the basis for the calculation.
- The Constitution also contained a fugitive slave clause requiring any escaped slave to be returned to their master.
Principles to Avoid Tyranny
- Separation of powers: the government was divided into three branches—legislative, executive, and judiciary.
- Checks and balances: each branch can check the power of the others.
- Federalism: governmental authority rests both in the national and the state governments.
- The national government is limited in scope to certain enumerated powers.
- Most other powers, especially the protection of health, safety, and morals, are left to the states.
Checks Against Radicalism
- Senators were elected by the states, usually by state legislatures.
- The electoral college was designed to elect a president who did not win the popular vote.
Ratification and the Federalist Papers
- Nine out of the 13 states were required to ratify the Constitution in special conventions called for the purpose.
- Alexander Hamilton, James Madison, and John Jay wrote a series of 85 essays known as the Federalist Papers to convince the delegates to vote for it.
Anti-Federalists
- Supported by common people and small farmers.
- Saw less need for a strong national government.
- Were afraid of a strong government, especially one dominated by the wealthy.
- Argued for smaller, more local governments to protect the people’s rights.
Mystery Document
- The mystery document was an excerpt for Federalist Papers, Alexander Hamilton
- The whole idea of the amendment was that the people could protect themselves from a standing army by being equally well armed, which implies that citizens should have the right to buy assault rifles, unmanned drones, and suitcase nukes.