Lesson 2 Notes: The Road to the Constitution

“we the people give the legitimacy to this governmetn we are forming” we are the ones who are crafting this document, we are the ones

articles of the confederation

• june 12, 1776: committee appointed by continental congress to draft a document that later became the articles of confederation

• nov 15, 1777: the cc adopted the articles of confederation and sent them to the states for approval

• the states hesitated when approving them because they were worried that the central gov would have too much power

• march 1, 1781: maryland was last state to approve the articles, America begins under the articles

• sep 3, 1783: treaty of paris ends the american revolution

• the articles of confederation established a loose confederation of sovereign states that came together for mutual defense and governance, yet lacked a strong central authority.

• the articles of confederation created a single national fovernment under congress which wa sa unicameral legislature (no exectuvie or judicial yet)

• congress could reate committees to craft policy and department sto handle specific cabine taffairs

• congress could create ad hoc courts, but they couldnt handle disputes between states or maritime affairs (aka national affairs?)

• congress represented the states, not the people

• no national elections, states sent their delegates to congress and that was it. each state had one vote in congress

other things about the powers

• the pvotes of 9 states were required to pass all important measures

• to amend the articles, all states have to approve the amendemnt

• congress powers:

  • foreign relations

  • coining money

  • establishing weights and measures

  • postal service

  • disputes between states

  • admirality/maritime cases

  • borrow money

  • submitting requisitions for money and troops from the states

• DESPITE the powers of congress, the system established was weak and congress soon became ineffective and couldnt do anything

• issues of the articles

  • congress had no pwoer to tax or regulate commerce

  • congres scould requrest money from the states, but the states could just refuse and congress couldnt actually do anytjing about it

  • established a league of friendship but didnt identify its own sovereignty

• the revolution was the beginninf ot eh american experiement, the articles of confederation was the “percolating period”

the articles in crisis!!!!

• the biggest challenge the articles had to survive was trying to manage the huge debt of the revolutionary war, and trying to get the funds to pay the debt

• rhode island alone blocked an amendemnet that woiuld have allowed congress to impose a 5% tariff on foreign imports

• new york would late rblock another revenue amnemdent as well

• the states began acting like independent countries within their rforeign affairs, incluidng waging war, creating armies, and making foreign treaties

• shay’s rebellion - a brief armed rebellion of property owners (farmers) who were suffering from the poor economic situation caused by congress financial inaction

movement toward constitution

conflict at the constitutional convention

• the virginia plan

  • proposed a central government separated into bicameral legislature, exectuive branch, and judicial branch

  • citizens would be more direvtly represented in congress by electing representatives based on the state’s populationb

  • congress would have more power

  • this would also give more power to the larger states and threatened the influence of smaller states

• the new jersey plan

  • congress would be a UNICAMERAL legislature with each state having one vote

  • proposal by smaller states giving congress taxing and commerce powers and strengthen federal enforcemnt powers ove rstates

  • basical;y the same structural plan as the virginia plan

• hamiltons plan

  • alexander hamilton proposed a constitutional monarcy but garnered no support

• a major issue rose regarding th ecomposition of congress

  • delegates from the smaller sattes feared domination by larger states in the virginia plan, in which the number of representatives elected to congress was based on the population

  • in response, the smaller sattes argued for a system in which each state had equal representation

  • the convention became deadlocked as each side argued

• the connecticut compromise

  • the lower house of congress would have proportional represenation based o the state population (house of rep), while the upper house would have equal representation among the states (the senate)

  • members of the house of rep would be directly elected by indiviudals in a distrcit

  • members of the senate would be chosen by state legislatures

  • all bills for raising or spending money would originate in the lower house, the senate would not be able to amend these bills

constitutional convention: federalism

• federal governemtn would be based on the people and have powers provided by the constitution

• the states would have police powers to handle internals tate affairs

  • police power: the power to legslate for the health,s afety, welfare, and morals of the people

• madisons proposed clause allowing congress to veto state laws that conflict with federal laws was ultimately dropped and replaced with the supremacy clause

  • supremacy clause states that the constituion and federal laws are the supreme law of hte land

• under the constitution, states were prohibited from coining or printing money, making anything beside gold or silver acceptable in paying debts, and passing laws interfering with contract obligations

constitutional convention: the executive

• madison and other delegates were concerned over the concentration of power in a single government body, aka congress

• they were also troubled by the abuses state legislatures committed in states with only a single government body

• sharing power among the legislative, exective, and judicial branches was nevessaru to be a check on abusive federal governemtn

• proposals:

  • franklin, randolph, and mason - the legislature elects the chief ececutive and executive power would be dispers in an executvie council

  • madison, hamilton, washington, morris, and wilson - a single executive elected by the people (directly or indirectyl) to check legislative power

anti-federalist argument

• believed the constitution granted the federal government too broad and ambiguous powers

• main concerns of the anti-federalist

  • the radical nature of the constitution

    • anti federalists did want a stronger federal gov but feared losing liberties, state autonomy, and worried about the power congress and other branches mat have

  • the size and scale of the fedearl government

    • anti fed believed TRUE republicanism existed at the local state level

    • argued a large federal gov would result in a divisive politclal situation

  • wheres the bill of rights????

the federalist argument

• arued againast the radical nature

  • natural result of enlightenment movement

• response to size and scale of federal government

  • the federalist believed individuals were mtoivated by private interest, not public good

  • they were concerned that the fed goc would be doninated by majoirty rule like they were within the states

  • solution: “extended repunlic” where majority rule could not form and liberties would be preserved

• response to concerns regarding democratic representation

  • republican representation: federalist theory of indirect representation that would result in responsible leadership not easily influenced by teh changing opinions of the people

  • would result in preservation of rights sand protect against corruption

• response to the absence of the bill of rights

  • feds believed that the fed gov would be limited to solely the powers granted in the constitution and all other powers would be in people or the states

  • they also thought the protective provisions in the constitution and the states’ bills of rights would be enough and they didnt need more