notes part 2 (3/13/25)

Shay's Rebellion and the Articles of Confederation

  • Shay's Rebellion highlighted the weaknesses of the Articles of Confederation.

    • Issues included lack of federal power to raise an army and maintain order.

    • Establishments made to counteract the uprisings were necessary for domestic tranquility.

  • The need for a strong federal government became evident.

Revolution from Articles of Confederation

  • The new Constitution aimed to rectify the flaws of the Articles:

    • Establish justice and maintain domestic tranquility.

    • Provision for a common defense.

    • Regulation of trade.

The Constitution: Legislative Power

  • Article I: Legislative Branch

    • All legislative power is vested in Congress, which consists of a Senate and a House of Representatives.

    • Section 2: House of Representatives

      • To be a Representative: Must be at least 25 years old, a citizen for 7 years, and inhabitant of the state they represent.

      • Implications for immigration and representation.

  • The Great Compromise dealt with representation in Congress.

  • Three-Fifths Compromise for apportioning representatives and taxes:

    • Counting slaves as three-fifths of a person for representation without explicitly mentioning slavery.

The Senate

  • Senates consist of two representatives from each state served for six years.

  • Senators were originally chosen by state legislatures, not popular vote.

  • Minimum age for Senate is 30, requires 9 years of citizenship.

  • Voter eligibility and representation considered:

    • Immigrants' roles in future governance.

Powers of Congress

  • Congress has the power to:

    • Lay and collect taxes.

    • Borrow money.

    • Regulate commerce with foreign nations and states.

    • Establish naturalization and a uniform currency.

    • Create post offices and roads.

    • Declare war (reserved for Congress, not the President).

    • Raise and support armies and maintain a navy (essential for national defense).

The Executive Branch

  • Article II: Executive Power

    • The executive power is vested in the President, serving a four-year term.

  • President is commander in chief of the armed forces but cannot declare war independently.

  • Powers include:

    • Making treaties with Senate approval (two-thirds).

    • Importance of checks and balances in governance.

The Electoral College

  • Presidential election is not a direct vote.

    • Each state’s electors equal the sum of their senators and representatives.

  • Criticism of the Electoral College:

    • Potential for a president to win without the popular vote.

    • Reflects a convoluted system designed to limit public electoral influence.

Commentary on Slavery

  • Article IV, Section 2 addresses runaway slaves:

    • Clear implications regarding slaves without using the word ‘slave’—reflects the political compromises of the time.

    • The South demanded this provision for ratification, showing regional tensions.

Conclusion

  • The Constitution sought to balance power and prevent tyranny while addressing the issues seen in the Articles of Confederation.

  • Critical compromises marked the foundation of the new government framework, setting both the expectations and limitations of power among branches.

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