chapter 3. wsu essays! us constitution identify four major weaknesses inherent within the articles...
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Chapter 3
WSU Essays!US Constitution
Identify four major weaknesses inherent within the Articles of Confederation.ORWhat was the goal of the US Constitution? Why did it replace the Articles of Confederation?
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Ch. 3 Scenario 1:Page 59-60 Scenario:What similarities does the European Union’s task of creating a Constitution share with the United States’ efforts in 1787? What are the differences between the two? Answer in a paragraph.
The Revolutionary Roots of the Constitution
Only 4300 words (original) – shortest The Constitution is the supreme law
of the land Establishes three branches of
government and describes their powers Outlines interactions between the
government and those governed Defines relationship between national
government and the states4
The Longevity of Constitutions
U. S. has world’s oldest (?) constitution – ratified in 1789 (single document) Average duration is 17 years
Constitutional durability comes from: An open, participatory process A tendency to be specific A tendency to be flexible through
interpretation and amendment5
The Lifespan of Written Constitutions
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Freedom in Colonial America
American colonists had more freedoms than those living in most other countries Landowners controlled and could sell
property Religious choice not mandated nor
payments to a church required No wage ceilings or professional guilds Almost complete freedom of speech,
press, and assembly7
The Road to Revolution
British Parliament believed colonists should pay for administration of colonies Costly because of wars to protect them
(French/Indians) Colonists disagreed, especially since
had no representation in Parliament
NO taxation without representation!8
Road to Revolution Sons of Liberty and Daughters of
Liberty organized various kinds of opposition Destroyed taxed items Only used American to oppose Boston Tea Party resulted in imposition of
Coercive/Intolerable Acts, escalating conflict British wanted order America wanted freedom
9Original Sons of Liberty flag
Uniquely American Protest
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• Tar and Feather used on the Stamp Act tax collector.
• Notice the Tea Party in the background.
• Also note the “Stamp Act” upside down on the “Liberty Tree.”
First Continental Congress
Met in Philadelphia in September 1774 All colonies except Georgia sent
delegates (needed British protection from Indian attacks)
Objective was to restore harmony with Great Britain
Delegates adopted a statement of rights and principles in October Later formed basis for Declaration of
Independence and Constitution11Carpenters’ Hall
Second Continental Congress
May 1775 Response to April 19, 1775 battle
at Lexington and Concord Prepare for war
Served as government for colonies Declaration of Independence
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The Declaration of Independence
Principles rooted in writings of John Locke Thomas Jefferson July 4, 1776 Government there to protect God-
given, inalienable rights Social contract theory – consent of
governed People have right to revolt if
government denying basic rights 13Page A-1 in book
Declaration of Independence Writing
Assignment You and a partner will be re-writing
the Declaration in another style of writing: Redneck Valley Girl Mad Scientist Robot Romantic Any other approved idea
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Your rewritten Declaration MUST include the major ideas from the original version.
You are still the colonies in American declaring independence from England. You’re just doing it a little differently.
You must include at least five grievances (complaints) against King George.
See Handout for more details.
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TREASON Signing the Declaration was treason Punishment:
Hanging and Drawing & Quartering In England, the punishment of being "hanged, drawn and
quartered" was typically used for men convicted of high treason. This referred to the practice of drawing a man by a hurdle (similar to a fence) through the streets, removing him from the hurdle and hanging him from the neck (but removing him before death), disemboweling him slowly on a wooden block by slitting open his abdomen, removing his entrails and his other organs, and then decapitating him and dividing the body into four pieces. The man's head and quarters would often be parboiled and displayed as a warning to others. As part of the disembowelment, the man was also typically castrated and his genitals and entrails would be burned.
A matter of life and death!16
Second Continental Congress
Approved Declaration of Independence on July 4, 1776
War of Independence began April 19, 1775 and ended on October 19, 1781
Britain at a disadvantage because of distance from conflict and because Americans fighting for defense of their liberty
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Some Revolutionary War Interesting Facts
Catholics had tough choice on whom to support
Greater % of population died/wounded than any other U.S. conflict other than Civil War
1 in 5 colonists remained loyal to Britain Loyalists property/rights taken
after the war18
From Revolution to Confederation
Left without a central government, colonists formed a confederation of states
Wanted a central government with very limited powers States retain sovereignty. Each state
has supreme power within its borders. Articles of Confederation adopted
November 15, 1777Took effect March 1, 1781
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Articles of Confederation
First govt of U.S. States retained sovereignty (supreme
power) Each state had one vote in Congress Votes on important issues required
agreement of at least 9 of 13 states National government largely powerless
Thought a strong central govt would resemble British rule
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4 Main reasons:1. National government did not have
power to tax Congress had to plead for $ from states
2. No provision for independent leadership to direct government's operations Basically no President, a deliberate omission
Why did the Confederation fail?
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Why did the Confederation fail?
3. National government could not regulate interstate and foreign commerce
When John Adams proposed the confederation enter into commercial treaty with Britain after the war, he was asked ‘Would you like 1 treaty or 13?”
Remember that states were sovereign
4. Amendments to Articles had to be unanimousEach state could veto any changes
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Disorder Under the Confederation
After the war, Americans imported many new goods
This resulted in high personal debt levels; combined with high taxes, many went bankrupt
In Massachusetts, farmers rebelled Known as Shays’ rebellion National government unable to
respond due to lack of funds Showed weakness of Articles. Stronger central govt
needed! 23
From Confederation to Constitution
National government’s inability to keep order led some to propose amendments to Articles of Confederation
Delegates from 13 states met in Philadelphia in May 1787 Actual purpose was to write new
constitution – kept secret24Independence Hall (State House)
Philadelphia Convention aka Federal Convention aka Constitutional Convention
12 of 13 states sent delegates (RI exception)
55 delegates showed up; no more than 30 at one time
Such a grouping of men will never be seen again Highly educated Politically savvy
Secretive 25
Attending:James MadisonGeorge WashingtonAlexander HamiltonBenjamin FranklinEdmund RandolphRoger Sherman
NOT attending:Thomas JeffersonJohn AdamsPatrick HenryJohn HancockSamuel Adams
The Virginia Plan Proposed by James
Madison/Edmund Randolph Decided to create new constitution
instead of amending Articles Strong national government National government would be able
to override state laws
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James Madison, Father of the Constitution
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Although he dismissed the accolade “Father of the Constitution,” Madison deserved it more than anyone else. He exercised a powerful influence in debates (and was on the losing side of more than half of them).
The Virginia Plan Three branches of government Two legislative houses, with one elected by
people and one appointed by states Representation in legislature based
either on population or taxes paid Single executive appointed by legislature National judiciary with one or more supreme
courts; judges appointed for life Executive and judges could veto acts of
legislature Greater power for national government
Could override state laws
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The New Jersey Plan Small states opposed Virginia Plan’s
legislature based on population Alternate proposal:
Single chamber legislature with power to regulate commerce and raise revenue
Equal representation for each state in legislature
Multiperson executive, with no veto power
Supreme tribunal with limited jurisdiction National laws supreme
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William Paterson
• Did not fix weaknesses of Articles of Confederation
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Virginia – Favored Large States
New Jersey – favored small states
Table 3.1 - Pg. 75
Major Differences Between the Virginia Plan and the New
Jersey Plan
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The Great Compromise Also known as “Connecticut
Compromise” Representation in House based on state
POPULATION Each state to have two senators, selected by
state legislatures. EQUAL Representatives Small states have more power in Senate;
large states more power in House
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2 Population
Compromise on the Presidency
One executive chosen by an electoral college A state’s electors equal total members in Congress
President is candidate with most electoral votes; Vice President has second most votes If no majority, House to choose President and Senate
Vice President Procedure changed in 1804 with 12th Amendment
President to serve for four years, no term limits Two-term limitation set by 22nd Amendment
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Electoral College Map – 2008 Election
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“winner take all” Need 270 out of 538 electoral votes to win
2012 Electoral Map PROJECTION
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Removal of the President
House of Representatives can charge a president with “Treason, Bribery, or other High Crimes and Misdemeanors”
Senate then holds trial on charges; 2/3 majority to convict Chief Justice to preside over trial
Two presidents impeached (Andrew Johnson and Bill Clinton); none convicted and removed from office36
The Final Product In preamble, the four elements forming
the American political tradition listed: Creation of a people
We the People of the United States (departure from confederation)
Explanation of the reasons for the Constitution
In order to form a more perfect Union (A of C was inadequate)
Outline of goals for the government Establish justice, insure domestic tranquility, provide for the
common defence, promote the general welfare, & secure the Blessings of Liberty to ourselves and our Posterity (promote order and freedom)
Establishment of the government Do ordain and establish this Constitution for the U.S. of A.
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The Basic Principles Republicanism
Form of govt where power resides in people through representatives (this was new at this scale of govt)
Federalism Division of power between central govt and
regional/state govt.
Separation of powers Each branch is separate but equal
Checks and balances Each branch some scrutiny/control over other
branches
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The Constitution and the Electoral Process
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What could the people directly vote for as far as members of national government?
Separation of Powers and
Checks and Balances
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Green boxes – separation of powers
Other boxes show checks and balances
The Articles of the Constitution
Article I: The Legislative Article Defines bicameral legislature and its
operations, duties and qualifications of members
Lists enumerated powers Also has “necessary and proper clause”
Article II: The Executive Article Establishes executive branch, election
procedures, qualifications, and duties and powers
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The Articles of the Constitution
Article III: The Judicial Article Supreme Court is highest court; Congress to
decide rest Federal judges serve for life; independent of
other branches The Remaining Articles
IV: Treatment of other states’ citizens and addition of new states (Relations Among the States)
V: Amendments VI: Supremacy clause, oath of office, national
debt VII: Ratification process: 9/13 states
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How Many Pens Does It Take to Sign a Bill into
Law?
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The Framer’s Motives Most important: inability of
government to maintain order under the Articles of Confederation
Economic stability also a motive
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The Slavery Issue To ensure passage, Constitution
essentially condoned slavery “The Great Compromise” counted
slaves as 3/5ths of a person when allocating representation in House
Slave trade not to be ended for 20 years
Slavery not mentioned directly in Constitution
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All men created equal?
Selling the Constitution To take effect, nine state
conventions must ratify Two groups vied for supporters;
formed basis of later political parties Proponents known as Federalists Those against new constitution
were Antifederalists46
The Federalist Papers Eighty-five newspaper articles written to
support ratification of Constitution Essays written by James Madison, Alexander
Hamilton, and John Jay under the name of “Publius”
Most famous is Federalist No. 10 about factions; Federalist No. 51 about same issue More diverse the society is, the less likely unjust majority
forms Checks and balances to protect from too much govt power
Antifederalists wrote additional articles under pen names “Brutus” and “Federal Farmer”
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A Concession: The Bill of Rights
Many citizens unhappy Constitution did not address basic civil liberties
This omission chief barrier to adoption George Washington proposed adding
Bill of Rights after Constitution ratified Over 100 proposed; 12 approved and
sent to states Ten became part of Constitution in 1791
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Table 3.2
The Bill of Rights
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Page 89
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Ways to remember the Bill of Rights
http://www.youtube.com/watch?v=82DnWqNKqiI
http://www.youtube.com/watch?v=LYG_f-y8-VY
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The rest of the Amendments
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Gregory Watson – pg. 92-92
Ratification Constitution took effect after
New Hampshire became ninth state to ratify June 21, 1788 Success of new government
guaranteed when New York and Virginia ratified document in July 1788
New govt launched peacefully53
Constitutional Change By formal amendment By judicial interpretation By political practice
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The Formal Amendment Process
Two ways to propose; two to ratify Most frequently used is proposal by
2/3 vote of House and Senate; ratification by vote of ¾ of state legislatures
Congress generally sets seven years as deadline for approval
Most amendments reflect changes in political thinking
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57Political protest 1932 – demanding repeal of 18th Amendment
Constitutional Amendments
Since 1787, over 10,000 proposed
Last approved was 27th Amendment, one of the original 12 proposed in 1789
Only six proposed to states not approved
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Interpretation by the Courts
Concept of judicial review not spelled out in Constitution
In Marbury v. Madison (1803), Supreme Court declared it had power to nullify government acts that conflict with Constitution
In interpreting Constitution, new meaning may be given
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How to interpret the 2nd Amendment? (Militia?)
Political Practice Constitution silent on many issues Other provisions have fallen out of
use Presidential responses to national
crises have enlarged power of presidency Founders viewed Congress as most
powerful branch of government….but now the President is?
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Originally, electors to vote conscience. Now just a “rubber stamp.”
An Evaluation of the Constitution
Oldest written national constitution One of the shortest and most copied
Founders spelled out powers in generalities, allowing for modern interpretations 4300 words. Amendments add another 3100.
Most state constitutions longer and more specific
Alabama’s constitution has about ½ the words of the Bible
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Many nations look to U.S. Constitution/Bill of Rights when embarking on own Constitutions. Free/partially free countries
are increasing in number.
Freedom, Order, and Equality
in the Constitution Constitution balances order and
freedom, with little attention to equality When adopted, social equality not
considered to be objective of government Political equality also not addressed; later
amendments expanded suffrage 16th Amendment – income tax. Social
equality.63
The Constitution and Models of Democracy
U.S. Constitution follows pluralist model of democracy Federalist No. 10’s factions Federalist No. 51’s explanation of how
separation of powers and checks and balances protect against majority rule
U.S. government has no single center of government power Separation of powers/checks and balances
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WSU ESSAY #1
• These need to be typed. • Approximately 2 pages double spaced 12 point
usually gets the job done.• WSU evaluates all of these so very important
to do your very best job. • See the next 2 slides for some guidance. Put
into your own words and expand on each point.
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Constitution
Q: Identify four major weaknesses inherent within the Articles of Confederation.
1. Congress lacked the power to tax, so there was no for the federal government to earn money. Congress could only requisition funds from the states. The states, however, failed to respond to the requests. Congress had no way to enforce the “request”, so the federal government was virtually broke after the Revolutionary War.
2. Congress lacked the power to regulate commerce. As a result, certain treaties reached between the United States and foreign countries could not be enforced. Therefore, nations exploited this weakness by imposing restrictions on trade, which made it difficult to export goods.
3. Congress lacked real authority over the states. As a result, the states did not cooperate with each other. This led to trading practices that would hurt one another. Instead of acting as a confederation, each state looked out for its own interests, which led to essentially thirteen separate countries.
4. Congress lacked authority to make changes on its own. Any exercise of national authority required the approval of nine states. Any amendment to the Articles required a unanimous vote of all thirteen states. Because of the conflict between the states, getting nine states to agree to an exercise of national authority was rare and unanimity for an amendment never occurred.
Exceeds expectations Identifies all four points and provides full discussion on all four points
Meets expectations Identifies three points with moderate discussion
Does NOT meet expectations Only identifies two or fewer points with little or no discussion
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Constitution Q: What was the goal of the U.S. Constitution? Why did it replace the Articles of
Confederation? One basic goal of the Constitution was to unify states by creating one
national government without giving too much power to one person or entity. The Articles really exposed the fact that the national government could not operate effectively if the states continued to look out for their own individual interests.
Another basic goal of the Constitution was to safeguard individual rights. As a result, the Constitution created three branches of government. This corrected the problems the Articles of Confederation created by giving each branch some authority, but also allowing for each branch to “check” the other.
The Constitution grants certain powers to the executive, judicial and legislative branches of government. Any powers not granted to one of the three branches are reserved to the states.
The Articles were created by the states. As a result, Congress was controlled by the states. This led to Congress having little to no authority to do anything or change anything. If the states did not respond to Congress’ requests, Congress had no authority to exact sanctions or consequences against the states.
The Constitution gave the national government supremacy. Along with the Constitution itself, the laws enacted under the Constitution, and any treaties entered into become the supreme law of the land.
Exceeds expectations Identifies all five points or discusses at least four of them
in much more depth than most students Meets expectations Identifies four solid points or at least discusses three
points in depth Does NOT meet expectations
Only identifies three or fewer points with little or no discussion