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 1/31/3 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.