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The Constitution

This video from PBS's "Liberty" series explores the pivotal role of the Articles of Confederation in shaping the United States government. It details the strengths and weaknesses of this first constitution, including the challenges faced by the Confederation Congress and events that led to the Constitutional Convention. Key concepts like popular sovereignty, limited government, checks and balances, and the amendment process are examined, highlighting the transition from a loose confederation to a more structured federal government.

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The Constitution

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  1. The Constitution • Chapter 3 with Section 3 of Chapter 2

  2. Video • From PBS’“Liberty” series, final Episode VI • “Are We to Be a Nation” • (start right at beginning of period to mostly finish)

  3. Chapter 2 Section 3 • Articles of Confederation

  4. Articles of Confederation • 1st & 2nd Continental Congresses began the country • 2nd CC = Declaration of Independence, gov’t for Rev War • 2nd CC wrote the Articles - took 3 1/2 years for ratification • needed all 13 states - Maryland held out over western lands • March 1, 1781, Articles went into effect thru March 4, 1789

  5. Confederation Congress • unicameral legislature • 2 – 7 delegates from each state • Each state had one vote • Minimum of 9 votes needed to approve • Unanimous vote to amend the Articles • What does it mean to “amend”? • 3 members served as an executive council

  6. Powers of Confederation Congress • Regulate weights & measures • Create post offices • Borrow & coin money • Direct foreign affairs, war, & peace • Build & equip a navy • Can ask for an army from the states • settle disputes between the states

  7. Problems with Articles Gov’t • Needed 9 votes not just a majority, unanimous vote for amendment • No true executive or judicial branch • Not allowed to tax • Could not regulate trade – each state… • Could not enforce treaties – Britain & Spain… • No power to deal with Indians

  8. Events that led to change • Confused economy & debts from Rev War • Shays’ Rebellion in Mass • VA & MD’s arguments over Potomac River & Chesapeake Bay • met at Mt. Vernon • Annapolis Convention - only 5 states attended • Hamilton & Madison took lead • Philadelphia Convention...Constitutional Convention

  9. Who attended... • We the People, Lesson 11 work

  10. How the Constitution came to be • Virginia Plan with the New Jersey Plan became the Great Compromise (Connecticut Compromise) • Bicameral legislature, executive, judicial branches • Three - Fifths Compromise - for census & taxes • Commerce Compromises - trade controls; slave trade • Executive Compromises - Electoral College; impeachment • Ratification - 9 of 13 - Federalists vs. Anti-Federalists

  11. Outline of the Government • Article I - Legislative Branch - Congress • Article II - Executive Branch - President • Article III - Judicial Branch - Supreme Court & Federal Courts • Article IV - Relations among the States • Article V - Amendments • Article VI - Supremacy of the Law • Article VII - Ratification

  12. Chapter 3 Section 1 • Basic Principles of the Constitution

  13. Basic Principles of Constitution • Popular Sovereignty - all the political power resides in the people • Limited Government - gov’t can only do what the people have empowered it to do - “rule of law” • Separation of Powers - powers are divided among 3 independent & coequal branches of gov’t • Checks & Balances - each branch of gov’t is subject to a number of checks or restraints by the other branches (see chart)

  14. Basic Principles (con’t) • Judicial Review - power of the Court to determine the constitutionality of a government action • of laws, or executive orders (actions) • Video: “Understanding the Judicial Branch” • Federalism - division of power among national, state, & local governments • Federal Powers, State Powers, Shared Powers

  15. Section 2 - How to make an Amendment • Plan A - Proposed by 2/3s Congress • Ratified by 3/4s of state legislatures • or 3/4s of state conventions • Plan B - Proposed by a national convention when requested by 2/3s of state legislatures • Ratified...same way • Note: never done this second way yet

  16. Amendments • 27 Amendments to date - see pgs64-65 • Bill of Rights - 1st 10 Amendments - see pg62 • How about amendments proposed but never ratified? • Assignment…

  17. Section 3 - Change by Other Means • Basic Legislation - use of the Elastic Clause • in the way Congress defines the powers from the Constitution • Executive Action “Powers” - aka Executive Orders • executive agreements w/ head of another country • different from a formal treaty • Court Decisions - interpretations of law • judicial review

  18. Change...con’t • Party Practices - strongly influence election procedures & policy decisions • Consider impact on electoral college & leadership in the House & Senate • Custom & Usage • “unwritten Constitution” - like the Cabinet • senatorial courtesy for federal judges

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