The Constitution and Its Meaning

Articles of Confederation

First Constitution of the United States Written in 1777 Ratified in 1781

Treaty between the states more than a foundation for a national gov’t States retained sovereignty Pledge mutual defense

Powers of the national gov’t Declare war, foreign affairs, and treaties, coin

money Could not levy taxes or regulate commerce

Weakness of the Confederation

Took out a lot of loans to pay for war No revenue and lack of power to tax Could not pay off war debts US ships barred from West Indies

The States Enacted own ways to decrease

economic tensions

The West

Articles did give power to the gov’t in the west Control over land Rules for settlement

Native-Americans Forfeited there rights by siding with the British

Fort Stanwix 1784 and Fort McIntosh 1785 treaties US demanded and receive large tracts of land North of

Ohio River Peace brought an influx of settlement in the

West Increased settlement would lead to war

The Ordinances Ordinance of 1784

Written by Jefferson Region divided into districts

Governed by Congress Eventually admitted as States Nearly prohibited slavery

Lost by a single vote

Ordinance of 1785 Land would be surveyed and split into sections

1 square mile 640 acres

Sold for $1 per acre Hoped to control settlement and raise funds for gov’t

failed

Northwest Ordinance of 1787 Establishment of 3-5 states “Empire of Liberty”

Not a Colonial Power Area’s population would

be equal members of the political system

Native-Americans Pledged “the utmost good

faith” Land would not be taken

without consent Hopes they would

eventually leave or assimilate

African-Americans Prohibited slavery in Old

Northwest

Shay’s Rebellion 1786-87 To pay off debts Massachusetts increases taxes

debtors prison land confiscated

Daniel Shays Leads 1,000+ in Western Mass.

Seized and closed courts Jefferson

In France at the time and supported it “A little rebellion now and then is a good thing. The tree

of liberty must be refreshed from time to time with the blood of patriots and tyrants.”

Impact Brought to light the need for a well organized national

gov’t

Constitutional Convention

May 1787 55 delegates meet Decide to scrap Articles and draft a new

Constitution All were men of means

Strengthen national authority Curb the “excess of democracy”

The Plans

Virginia Plan National supremacy Central power of laws Lower house elected by the people

New Jersey Plan National power limited States retain powers One vote in unicameral house

The Compromise Division: Lower house based on population,

each state gets 2 in upper house

The Government Three Branches

Legislative Two Bodies

House- elected by the common man, number proportioned by population of states

Senate- two members elected by state delegations 17th Amendment would change it to direction election in 1913

Executive Hamilton proposed life term Settled on four years Not direct election

Electoral college Adding number of Sen. and Reps

Judicial Appointed by President Approved by Congress Served life terms

Separation of Powers/Checks and Balances

Powers of the President Enforcing law and command the military

Powers of Congress Levy taxes, borrow money, regulate commerce, declare

war, deal with foreign nations and Indians, and “promote the general welfare”

Madison’s proposal Congressional authority to veto state laws- DENIED Legislature the “Supreme Law of the Land”

Checks and Balances Removes too much power from one branch

Congress can enact law President can veto law Congress can override veto with 2/3’s majority Judiciary ensure the Constitutionality of a Law

Slavery

Word is not mentioned anywhere in Constitution Prohibited Congress from passing law on slave

trade for 20 years Setting the date for 1808

Required states to return fugitive slaves 3/5ths Clause

Blacks were counted literally as 3/5’s of a person

Ratification Debate

Federalists vs. Anti-Federalists Needed 9 states for Constitution to be

ratified Federalists

James Madison and Alexander Hamilton led the Federalist charge

Write what are known as the Federalist Papers

defense of a strong national gov’t and ratification of the Constitution

50 by Hamilton, 30 by Madison, 7 by John Jay

Anti-Federalists One of the better known is Jefferson Charge that the Constitution and a strong

national government benefited creditors, merchants, and those threatening the common man

Government best left to small communities not on a national level

Who won 1788- 9 States ratified, only Rhode Island and

N. Carolina did not, but they had no choice

Bill of Rights

Proposed by the Anti-Federalist Refusal to amend them would lessen support of

Constitution in the States It failed

Madison opposed them Felt that the Constitution covered them Merely “Parchment Barriers”

Abusive of authority would not be stopped by words written on paper

Amended Dec. 15, 1791 They were the literal definition of “Unalienable

Rights”

Bill of Rights Cont

What they mean Secularization of the Constitution They are the rights that are to protect

the common man from the abuse of power

Where did they come from Easy- Originated with State Constitution A bit more difficult- Many of them

originated…get ready…with BRITAIN…as far back as the Magna Carta

The National Identity

“We the People” does not literally mean “the People” Excluded are Blacks and Indians Civic Nationalism/Republicanism

A community of all men who share in the rights and protection of a government

Ethnic Nationalism Community of descent based on shared

ethnic heritage, language, and culture America shared a combination of both