Constitutional Underpinnings Part 1- Historical

1. Hanna Finlay & Catriona Ewing 5th Period Constitutional UnderpinningsPart 1- Historical

2. I. Articles of Confederation • The Articles of Confederation was a constitution drafted by the newly independent states in 1777 and ratified in 1781. • It created a weak national government that could not levy taxes or regulate commerce. • In 1789 it was replaced by our current Constitution in order to create a stronger national government.

3. Articles of Confederation • One reason the AOC was created was in order for America to have political sovereignty. • Sovereignty- supreme or ultimate political authority; a sovereign government is one that is legally and politically independent of any other government.

4. Shay’s Rebellion • Shay’s Rebellion was a rebellion in 1787 led by Daniel Shays and other ex-Revolutionary war soldiers and officers to prevent foreclosures of farms as a result of high interest rates and taxes. • The revolt highlighted the weaknesses of the Articles of Confederation and bolstered support for a stronger national government.

5. Strengths of AOC • Allows the states to finally have a union • Establishes a congress • Congress could deal with foreign policy

6. Weaknesses of AOC • One vote for each state, regardless of size • Congress couldn’t collect taxes • Congress couldn’t regulate foreign trade • No executive • No national court system • Every state had to agree with change of amendments • A 9/13 majority required to pass laws

7. Plans and Compromises • Virginia Plan- This plan would benefit the big states. It said each state should have proportional representation in congress, based on population • New Jersey Plan- This plan would benefit the smaller states. It said each state should have equal representation

8. The Great Compromise • The Great Compromise combined the Virginia and New Jersey Plans and was a compromise at the Constitutional Convention in 1787 that reconciled the interests of small and large states by allowing the former to predominate in the Senate and the latter in the House. • Under the agreement, each state received two representatives in the Senate, regardless of size, but was allotted representatives on the basis of population in the House.

9. Other Compromises • 3/5th s Compromise- counted slaves as 3/5 of people when determining House representation • Commerce Compromise- National government controls trade with foreign countries and interstate trade while states control trade within state (intrastate trade) • Slave Trade Compromise- agreement that the slave trade would end in 20 years

10. Federalist vs. Antifederalists • Supporters of the Constitution and its strong central government called themselves Federalists, while those more in favor of states’ rights were called Antifederalists. • Antifederalists’ main issue was liberty, not democracy, and they argued that a strong central government would be distant from the people and could take over powers belonging to states. • Antifederalists wanted to add a Bill of Rights to the Constitution

11. Protections of Liberty included in Constitution: • Writ of Habeas Corpus- meaning you can’t hold a person in jail without a reason; could not be suspended except in invasion or rebellion • No Bill of Attainder- (declaring a person guilty without trying him in a trial) could be passed by Congress or the states • No ex-post facto law

12. Federalism • Divides powers between a central government and smaller, local governments • This sharing of powers is intended to ensure that the central government is powerful enough to be effective, yet not so powerful as to threaten states or citizens. • It also allows individual states to deal with problems at the local level-so long as their actions are constitutional

13. Delegated Powers • Powers that belong to the National government: • Coin money • Regulate interstate and foreign trade • Raise and maintain armed forces • Declare war • Govern US territories • Admit new states • Conduct foreign relations

14. Reserved Powers • Powers that belong to state governments: • Regulate trade and business within the state • Establish public schools • Pass license requirements for professionals • Regulate alcoholic beverages

15. Concurrent Powers • Powers that belong to both National and State governments: • Levy and collect taxes • Borrow money • Establish courts • Define crimes and set punishments • Claim private property for public use

16. Separation of Powers • Legislative- makes laws • Executive-enforces laws • Judicial- interprets laws • The powers of the national government were separated in order to ensure political virtue

17. Checks and Balances • How one branch makes sure another branch isn’t out of control or gaining too much power • For example: • Congress can refuse to pass a bill the President wants • Presidential veto • Congress can impeach • President appoints judges, but requires senate approval • Judicial Review

18. Differences in a Democracy and a Republic • In a republic the sovereignty is in each individual person • In a democracy the sovereignty is in the group