Independence Achieved! • New Problem: • Create government that will function and serve to balance liberty and order properly; and be consistent with the principles of the revolution. • Consent of the Governed • Direct representation
Articles of Confederation • A loose alliance of states • 1 vote in national congress. • State more powerful than national. • Federalism: • Unanimous to amend A of C. • No executive branch. • Went into effect in 1781.
Articles of Confederation • Some general agreement: • Declaring War • Concluding Peace • Foreign Relations • Regulating trade • Operating a postal service
Articles of Confederation • Wild Disagreement: • On the issue of Western Lands • Some states had no claims • Some state had huge claims • Virginia ceded its claims in 1781 to help pass the Articles.
Powers Denied the National Govt. • Levy taxes • Regulate trade • Settle disputes among states • Collect debts owed to it by states • Enforce any of its powers
Three Main Problems • Huge war debt • Making peace with the Indians • Western land settlement
Problems with the Articles of Confederation • States more powerful than the national govt. • Central govt. lacked energy. • No executive branch. • Laws inconsistent from state to state.
Economy • The new nation’s economy was a mess during the 1780’s. • Paper money greatly depreciated. • National Government does not have the power to even try and solve the problem.
Economy • Western lands held huge potential for wealth. • Inhabited by Indians.
Land Ordinance of 1785 • a system for dividing up unclaimed land. • Territories divided into townships. • 1 section of each township set aside for schools. • Minimum bid $1/ acre; Min purchase 640 acres
Northwest Ordinance of 1787 • 3-5 states to be established. • Slavery prohibited. • Provide steps for statehood (still followed) • US won’t be a colonial power • Population of 5,000 voting residents • 60,000 people / state constitution • Accepted by Congress
Shays’s Rebellion • 1786-1787 • Farmers in Western Mass. • Thought taxes were too high. • Armed rebellion sprang up. • Finally an army was raised and put down the Rebellion
Shays’s Rebellion • National Government had limited ability to handle such crises. • Had the problem with England been too much power in the hands of the rulers or the inability of the subjects to behave?
James Madison • Son of a Virginia Planter • Graduate of Princeton 1771 • Poor Health – Not fit to be a soldier • Committed Revolutionary • Committee of Public Safety 1774-75 • Elected to Virginia Council • Appointed to Governor’s Council • Favored National Power rather than state • Pushed for Constitutional Convention
Constitutional Convention • Philadelphia, Pennsylvania • May 1787 • 55 men from all 13 states. • Wealthy • College grads. • young
Constitutional Convention • Meetings Chaired by George Washington. • Meetings were closed to the public and protected by armed guards. • Concerned some people.
Constitutional Convention • Purpose: • Fix articles of confederation • Leave power in the hands of the states. • Create strong national govt. without tyranny. • Could not be done. Start over.
Virginia Plan • Theory that the government operated directly on the people not on states. • Both houses of Congress tied to population. (eliminated power of smaller states)
New Jersey Plan • Maintain one house Congress • Each state to have one vote • 3 man executive branch elected from Congress. • Preserved the Confederation.
Constitution • The Great Compromise: • Representation: • Bicameral Legislature • Senate – 2 votes / state • House of Reps. – based on pop.
Constitution • 3/5 compromise: slaves count as 3/5 of a person for population but cannot vote.
Separation of Powers • Three Branches of Govt. • Legislative : Congress: Makes the Law • Executive: President: Enforces the Law • Judicial: Supreme Court: Interprets the Law. (system of Checks and Balances)
Baron de Montesquieu • French Enlightenment thinker 1689-1755. • Best government would be balanced between three groups of officials.
Rousseau • Morals and ethics are necessary in a democracy. • Community was based on the idea that all members held common values and attitudes.
Federalists • Those in favor of the new Constitution. • Approval went to the states to ease the criticism that they had gone beyond their authority at the Constitutional Convention.
Anti-Federalists • Feared the national power because of its distance from the people. • Had a hard time supporting the Articles because of their admitted flaws. • Wanted a Bill of Rights
Living Constitution • Constitution permits change. Elastic Clause • Amendments • Unwritten Constitution
Supremacy Clause • This is the major difference between the Articles and the Constitution. • Still a system of federalism • National Govt. more powerful than the states.
Defining Document of Govt. • Delegated Powers: Nat. govt. • Reserved Powers: State govt. • Concurrent Powers: Nat. and state govt.
Enumerated Powers • Powers written specifically in the Constitution. These may apply to any of the three branches, or to any level of govt. or the people.
Implied Powers • Powers in the constitution but not specifically written down. Interpretation is required to understand these powers. Allows for change to take place without replacing the document.
Constitutional Interpretation • Strict Constructionist: • Govt./people only has the power granted by the Constitution. • Loose Constructionist: • Govt./people has any power not prohibited by the Constitution.
Constitutional Interpretation • Intent of the Framers: • Original intent maintains that in interpreting a text, a court should determine what the authors of the text were trying to achieve, and to give effect to what they intended the statute to accomplish.
George Washington • First President • Tasked with creating a working govt. • Starts many Presidential Traditions. • Two term • Appointing a cabinet
Whiskey Rebellion • 1794 • Frontier Areas – Small Farmers • GW saw it as a chance to show the power of the Govt. • Not a case of virtual representation.