the critical period 1781 1787 l.
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The Critical Period: 1781-1787. Articles of Confederation. Unicameral Legislature No executive No national judicial system Equal vote per state (yes, lower case) No army, no tax (only requests) No regulate commerce  tariff wars Passage of laws requires 9/13 Amendment requires 13/13

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articles of confederation
Articles of Confederation
  • Unicameral Legislature
  • No executive
  • No national judicial system
  • Equal vote per state (yes, lower case)
  • No army, no tax (only requests)
  • No regulate commerce tariff wars
  • Passage of laws requires 9/13
  • Amendment requires 13/13
  • GW: “"little more than the shadow without the substance."
  • Massive foreign debt and rampant inflation
  • Weak, undermanned, underarmed Continental Army reliant on undisciplined, unreliable, ineffective state militia
  • Unable to enforce Treaty of Paris in West
  • Washington + others (nationalists, esp. Cont’l Army officers): convinced need stronger central power to corral provincial concerns
  • Shays’ Rebellion 1786: no taxation w/o representation
  • However: did successfully fight AR; reduced domestic debt (but increased international); kept Union together; Jay-Gardoqui Treaty gave Miss.R to Spain but opened Spanish colonies for trade (good for NE, bad S and W)
b 6 basic principles
B. 6 Basic Principles
  • 1. Popular sovereignty: power from the people
  • 2. Limited government: Constitution highest law of the land
  • 3. Separation of powers: divide power w/in Federal government (not absolute)
    • Legislative: Congress
    • Executive: President
    • Judicial: Supreme Court
  • 4. Checks and balances: contain tyranny
  • 5. Judicial review: enforcement of Constitution
  • 6. Federalism: divide power State and Federal
c preamble of the constitution
C. Preamble of the Constitution

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

d structure
D. Structure
  • Art 1: Legislature
    • Section 8: powers granted (1-8-18: Necessary and Proper); Section 9: powers denied; Section 10: powers denied to the States
  • Art 2: Executive
    • Commander-in-chief
  • Art 3: Judiciary
    • Supreme Court and jurisdiction
  • Art 4: Relations with the States
    • Guarantee “republican government”; full faith and credit and privileges and immunities national citizenship
  • Art 5: Amendment process
  • Art 6: Debts, Supremacy Clause, no religious test
  • Art 7: Ratification (9/13)
ii compromises with death
II. Compromises with Death
  • William Lloyd Garrison + radical abolitionists
  • Necessity: no slavery, no Constitution
a 3 5 compromise
A. 3/5 Compromise

South: count slaves for representation

North: they can’t vote, so they shouldn’t count

Compromise: count slaves as 3/5 for population, but also for taxes (they have to pay for it)

Effect: South dominates House of years, impact on Electoral College southerners dominate Presidency

Jefferson: “Negro President” only wins 1800 election because of disproportionate numbers as a result of 3/5

Other hand: why not 5/5? Women, Indians, non-citizen immigrants in N (growing #) couldn’t vote either; South lost voting power

1-2-3: “Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for Term of Years and excluding Indians not taxed, three fifths of all other Persons.”
b commerce clause
B. Commerce Clause

North: central government must regulate interstate trade (major problem AofC)

South: cannot regulate importation of slaves until 1808

1-9-1: “The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.”

c runaway slaves
C. Runaway Slaves

South: must be able to reclaim runaways

North: don’t want to be morally implicated in returning slaves

Stowe, Uncle Tom’s Cabin

South (esp. S. Carolina threatens secession if not included)

3-2-3: “No Person held to Service in Labor in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from Service or Labor, but shall be delivered up on Claim of the Party to whom such Service or Labor may be due.”