Chapter 2: The Constitution

The Articles of Confederation and the Constitutional Convention

Section 1: Articles of Confederation

• Created equality for states

• Equal representation in Congress (one vote per state)

• Unicameral legislative structure

• No independent executive or judiciary

• Lacked power to tax; states controlled tariffs and trade

Key Events:

• Annapolis Convention

  • Only 5 of 13 states present

  • Highlighted need for fixing Articles

• Shay’s Rebellion

  • Uprising by Daniel Shay against Massachusetts government

  • Illustrated weaknesses of Articles; federal government couldn't raise an army

Problems with the Articles:

• No hard money, significant debt

• Internal issues: inability to tax or maintain army

Section 2: Constitutional Convention

• Key Figures:

  • James Madison: Father of the Constitutional Convention

  • George Washington: President of the Convention

  • Alexander Hamilton: Proponent of strong national government

Important Legal Concepts:

• Writ of Habeas Corpus: Cannot be imprisoned without reason

• Bills of Attainder: Legislation declares someone guilty without trial

• Ex Post Facto Laws: Punishment for acts that weren’t crimes at the time

Plans Proposed:

• Virginia Plan:

  • Population-based representation, favored larger states

• New Jersey Plan:

  • Unicameral with equal votes for every state, favored smaller states

• Connecticut Compromise:

  • Bicameral legislature: House of Representatives and Senate

Theories of Government:

• Participatory Theory:

  • Emphasizes widespread political participation for democracy

  • Involved citizens better prepared to work for the common good

Section 3: Separation of Powers and Checks and Balances

Section 4: Federalists and Anti Federalists

• Antifederalists:

  • Generally rural, opposed strong national government

  • Advocated for stronger state governance

  • Notable figures: Patrick Henry, Samuel Adams, George Clinton

• Federalists:

  • Generally urban, supported strong national government

  • Advocated for a large constitutional republic

  • Notable writings:

    • Federalist Paper No. 10:

      • Advocated for a large republic to handle factions

      • Madison

    • Federalist Paper No. 51:

      • Addressed need for government controls

      • Madison: “If Men Were Angels”

• Brutus No. 1:

  • Argued for a confederacy over a strong central government

  • Highlighted the threats to state sovereignty

  • Concerns about federal and state taxes coexisting

  • Predictions of dwindling state powers due to federal authority

• The Bill of Rights

  • A list of liberties added to compromise with Antifederalists