Weakness of the Articles of Confederation

• No Leader

  • afraid of a tyrant; decided to have committees of people for decision making

  • decision-making was a slow process

• No Federal Army

  • only state militias were allowed

  • militias could be selfish—only protecting for their self-interest

• No Federal Court System

  • no system to settle disputes among states

  • if state vs. state dispute, there is no one to settle the dispute

• No Taxation

  • federal cannot tax; only states

  • needed money for rebuilding, owed money to France

• 13/13 States needed to change a law

• No Executive Branch

• States have more power than the Federal Government

Strengths of the Articles of Confederation

• Created a Union

  • states worked together to gain independence

    • just like Benjamin Franklin had wanted

• Creation of Post Office

  • faster system of communication

• Treaties, Declaring War and Selling Land

  • committees needed to complete

• Creation of Laws

  • 9 of 13 states needed to make a law

Northwest Ordinance

• Divided the Land into Territories

  • (Ohio River Valley)

• When population reached 60,000, area could apply for statehood

• Each territory has same rights/privileges as other states

• Settlers were guaranteed freedom of religion and trial by jury

  • (before becoming a state)

• No slavery allowed in the area

  • (as a territory or state)

Shay’s Rebellion

• Daniel Shay lead a group of angry farmers to protest land foreclosures

  • Former soldiers were not paid for their service

• Land was being taken from farmers due to unpaid debts, so they rebelled by burning down courthouses

  • Massachusetts militias killed 4 famers but did little to stop further rebellions

• Highlights weaknesses of the Articles of Confederation

Result of Shay’s Rebellion

• George Washington, Thomas Jefferson, Thomas Paine, Patrick Henry, John Jay, James Madison, Alexander Hamilton

• Washington and other leaders are worried that the Articles of Confederation are not strong enough to keep the United States growing

Slavery in the United States

• Revolutionary War brought attention to the contradiction between the fight for liberty and the practice of slavery

• Slavery was not a major source of labor in the north, the south, however, was built on slave labor

• James Madison, Alexander Hamilton called for a meeting to discuss all issues facing the new country

• Washington was not as happy to meet after the news of Shay’s Rebellion

Constitutional Convention

• May 1787

• Philadelphia, Pennsylvania

• 55 delegates (lawyers, farmers, generals)

• 3 were under 30 years old, 1 was 80 years old (Ben Franklin)

• George Washington emerges as the leader (president)

Groups In Attendance

• Federalists (Alexander Hamilton, John Adams, and John Jay)

  • ruled by wealthy class

  • strong central government

  • economy based on manufacturing

  • loose interpretation of laws

  • British alliance

    • would help get votes from the wealthy

  • national bank

  • protective tariffs (taxes on imported goods)

  • did not believe that protection of individual rights was necessary

    • wanted things to be tweaked to their liking situationally

• Anti-Federalists (Thomas Jefferson, James Madison, Patrick Henry, and George Mason)

  • ruled by the will of (average) people

  • strong state government

  • economy based on agriculture

  • strict interpretation of laws

  • French alliance

  • state banks

  • open trade

  • wanted protection of individual rights

Articles of Confederation vs Constitution

Ideas wanting to be used in a new government

• Magna Carta

  • limited King’s power; right to trial by jury

• English Bill of Rights

  • protected certain rights

• Mayflower compact

  • created by the people

• John Locke

  • natural rights

• Charles de Montesquieu

  • separation of powers

• William Blackstone

  • property and individual rights

• The Decision is Made

  • delegates agree that a new government should be created

  • to elect people to create plans for representation and then hold a vote

Conflict: Representation in Congress

• Virginia’s Plan (large states):

  • representation should be based on state population

  • (Edmund Randolph and James Madison)

• New Jersey’s Plan (small states)

  • each state should have equal representation

  • (William Patterson)

The Great Compromise

• Roger Sherman (Connecticut)

• Bi-cameral

  • two house system

• House of Representatives

  • lower, based on states’ population

• Senate

  • upper, based on equal representation

  • each state has two representatives (senators)

Conflict: The Issue of Slavery

• Southern states supported slavery

  • wanted slaves to count for representation but not taxes

• Northern states against slavery

  • did not want slaves to count for representation because they felt larger states should pay taxes for property

3/5 Compromise

• settles the slavery issue for representation

• 3 out of 5 slaves would be counted for representation and taxation

Principles of Government

• Popular Sovereignty

  • the government is subject to the will of the power

• Republicanism

  • representative democracy, your vote is your voice

• Federalism

  • the states and national/federal government share power

• Separation of Powers

  • division of government responsibilities into distinct branches

    • legislative branch

    • executive branch

    • judicial branch

• Checks and Balances

  • the system in which each branch of government has a check on the other to branches, so that one does not become too powerful

• Limited Government

  • roles and powers given by the government are limited by laws

• Individual Rights

  • personal liberty and privilege guaranteed to United States citizens by the Bill of Rights

Protecting Citizens’ Rights with a Bill of Rights

• Federalists

  • did not think a bill of rights was necessary

• Anti-Federalists

  • would not agree to a new government unless it included a Bill of Rights

Amendments

• 1st Amendment: Freedom of Religion and Expression

  • the Government cannot: set up a religion

  • guaranteed freedoms:

    • religion

    • speech

    • press

    • peaceably assemble

    • petition the government

• 2nd Amendment: Right to Bear Arms

  • people have the right to keep and use weapons for protection of themselves and property; have militias

• 3rd Amendment: Quartering of Soldiers

  • citizens do not have to house soldiers inside of their homes

• 4th Amendment: Security from unreasonable Searches and Seizures

  • police and government can not:

    • search a person without good reason; must be certain that they have done something wrong

    • search a person’s belongings, house, or car without good reason to believe they have done something wrong

    • arrest a person without proof that they have done something wrong

    • Take a person’s property without proof that a crime was committed

  • in order to search your home or car, a search warrant must be given. the police or government must:

    • state the place that they are searching

    • state who they are looking for

    • state what they will be taking if found

• 5th Amendment: Right to Due Process of Law

  • the government can not:

    • try a person more than once for the same crime

    • make a person testify against themself

    • take a person’s life, liberty, or property without good reason and fair procedures

• 6th Amendment: Right to a fair trial

  • a person accused of a crime has the right to:

    • a public and speedy trial

    • a jury trial in criminal cases

    • be told what crime they are accused of

    • to face their accuser

    • can call witness to speak on their behalf

    • the right to an attorney

• 7th Amendment: Trial by Jury in Civil Matters

  • have a right to a jury trial in cases of civil matters

    • (disagreements between individuals)

• 8th Amendment: Fair Bail and Punishment

  • a person charges with a crime has a right to a fair fine

  • no cruel or unusual punishment

• 9th Amendment: Rights Retained by the People

  • some rights are listed, but these do not cover all of the rights given to the citizens

• 10th Amendment: Powers Reserved to the People and the States

  • this amendment is an example of federalism

  • Powers are given to the Federal Government

  • Powers are given to the states

  • Some are shared powers