The Articles of Confederation

The First State Constitutions

In January 1776,
New Hampshire
became the 1st
colony to organize
as a state and
craft a detailed,
written plan for
government or
constitution

From Colonies to States

The states set up

similar systems of
government
Each state had a
legislature to create
laws
Most of these
legislatures were
bicameral, like the
English Parliament;
that is, they were
divided into 2 parts, or
houses

The Articles of Confederation

Americans realized
that they needed to
unify the 13 colonies
In 1777, the 2nd
Continental Congress
made plans for a union
of the 13 states in the
Articles of
Confederation
Confederation-a
group of individuals
or, in our case,
individual state
governments

The Articles of Confederation

The Articles set up a one-house

legislature in which each state had
one vote
Congress had NO power to enforce it
laws or the power to tax

The Articles allowed Congress to ask the

states for money, but could not demand
it

By 1781, all 13 states had ratified

(approved) the Articles of
Confederation

Accomplishments

Ordinance of 1785

When the American Revolution began, only a few

thousand white settlers lived west of the
Appalachian Mountains
Through the ordinance of 1785, Congress created a
system for surveyingtaking a detailed
measurement of an area of landand selling the
western lands
It arranged the land into townships 6 miles square.
Each township was divided into 36 sections of each
one square mile
The Ordinance established a system of land
surveying and settlement that we still use today

Accomplishments

Northwest Ordinance

In 1787, the Northwest Ordinance was

passed
It laid the basis for the organization of
new territorial governments and set a
precedent for the method of admitting
new states to the Union
The Northwest Ordinance also included a
specific provision outlawing slavery

There shall be neither slavery nor

involuntary servitude in said territory.

Weaknesses of the Articles

Within a few years, it became clear that

the Articles of Confederation had some
serious problems
Congress couldnt pass a law unless 9 out
of 13 states voted in favor
Any attempt to amend (change) the
Articles required all 13 states to agree
Even when Congress managed to pass its
law, it could not enforce them
Congress was unable to collect taxes to
repay its war debts

A Shaky National Government

Because of the Revolutionary War, America

had large war debts

Congress could not collect taxes to pay back debts
State govts had large war debts as well
Taxed citizens heavily and drove many farmers out
of business and sparked widespread resentment

Citizens Response
Citizens became very insecure and feared that
the govt could not protect their safety or their
property
During 1786 and 1787, riots broke out in
several states

Shays Rebellion
Daniel Shays, a
Massachusetts farmer,
led an armed uprising
of about 1200
Massachusetts farmers
on a federal arsenal.

Result of Shays Rebellion

After Shays Rebellion, many political
leaders, merchants and others were already
arguing for a stronger national government
In 1787, 12 of the states sent delegates to a
meeting in Philadelphia to revise the Articles
of Confederation

The U.S. Constitution

Road to the Constitution

The Articles of Confederation were

an ABSOLUTE failure!
In 1787, each state was asked to
send delegates to Philadelphias
Independence Hall for a convention
to fix the problems with the A.O.C.this meeting was known as the
Constitutional Convention

A Distinguished Gathering

Made up of 55 well-educated white

men
Native Americans, African
Americans, and women were not
considered part of the political
process
Benjamin Franklin, 81, was the
oldest delegate.
Two of the delegates (George
Washington and James Madison),
would go onto become Presidents
A few notable leaders were not at
the convention: Thomas Jefferson
and John Adams were both in
Europe as representatives for the
American government
Patrick Henry refused to attend
the convention because he was
against it

Early Decisions

The delegates agreed

unanimously that
George Washington
should preside over
the convention
Widely respected for
his leadership during
the American
Revolution, Washing
would now call on
speakers and make
sure that the meetings
ran in an orderly,
efficient manner

Early Decisions: Operating

Procedures

Washington appointed a committee to set

rules for conducting the convention

Rules of the Constitutional Convention

At least 7 out of the 13 states had to be

present
Decisions were to be made by a majority
of the vote, with each state having only
one vote
Participants had to keep all discussions
secret

Because of the secrecy, we have virtually no

written records of the convention
The only details we have came from a
notebook kept by James Madison

Early Decisions: The Need for

a New Constitution

Delegates were supposed to change the

Articles of Confederation, but agreed that
changing the Articles was simply not
enough
They decided instead to discard the
Articles of the Confederation and write a
new constitution
All delegates set out to strengthen the
national government by creating a new
plan of government, thus this meeting
became known as the Constitutional
Convention

Constitutional Convention

Creation & Ratification of the

Constitution
A.

B.
C.

Opposing Plans: Virginia/New

Jersey
Constitutional Compromises
Approval of the Constitution

Two Opposing Plans

In order to pass the Constitution, all

states had to accept and approve the
final plan
The two opposing plans that were
debated over in creating and ratifying
the Constitution:

Virginia Plan
New Jersey Plan

The Virginia Plan

On May 29, 1787,

the Virginia
delegates proposed
a plan for
government.
James Madison had
designed what
came to be known
as the Virginia
Plan

The Virginia Plan

The Virginia Plan called for a

government with 3 branches,

In addition to the already established

Legislative Branch (make the laws),
there would also be an Executive
Branch (carries out the laws),
and a Judicial Branch (to interpret
and apply the laws)

The Virginia Plan

The Legislative Branch would be divided

into two smaller houses, each state would
be represented based on their population

Large states would have more votes than

smaller states
The Virginia Plan appealed to delegates from the
more heavily populated states
The small states feared that a government
dominated by the large states would ignore their
interests

The New Jersey Plan

The Virginia Plan

angered the
smaller states b/c
they would have
less representation
in government.
William Patterson
of New Jersey
proposed an
alternative plan

The New Jersey Plan

The New Jersey Plan

also called for three
branches of
government
However, the
Legislative Branch
would have only one
house and each state
would get one vote
This made the smaller
states equal in power
to the big states
Under this plan,
Congress could set
taxes and regulate
trade

The Great Compromise

A committee headed by Roger

Sherman of Connecticut came up with
an answer
The committee proposed that
Congress (Legislative Branch) have
two houses: A Senate (every state
gets 1 vote) and a House of
Representatives (based on
population)

Great Compromise

Historians call
Roger Shermans
plan the
Connecticut Plan
or the Great
Compromise
In order to pass a
law, both houses
must approve

Three-Fifths Compromise

At the time of the

Constitutional Convention,
more than 550,000 African
Americans, mostly in the
South, were enslaved
The Southern states wanted
to count these people as part
of their population
The Northern states, who had
few slaves, opposed this idea

Argued that slaves couldnt

vote so they shouldnt be
used to give the South a
bigger voice in government

Three-Fifths Compromise

In the Three-Fifths Compromise,

delegates agreed that every five
enslaved persons would count as
three free persons
Thus three-fifths of the slave
population in each state would be
used in determining representation
in Congress
That number also used in figuring
taxes

Other Compromises

Trade Compromise:

Who will regulate foreign and interstate trade?

Southern states feared Congress would tax
exports
Southern economy depends on exports of
tobacco, rice, cotton, etc.
Also feared that Congress might stop slave
traders from bringing enslaved people into the
U.S.
RESOLUTION: Southern states agreed that
Congress could regulate both foreign and
interstate trade and the North agreed that
Congress could not tax exports, nor could in
interfere with the slave trade before 1808

Other Compromises

Executive Branch Compromise:

Who should elect the President and

Vice President?

Congress
People

RESOLUTION: Electoral College, a

group of people who would be named
by each state legislature to select the
President and Vice President
Note: Today, the Electoral College is
still in place but the voters in each
state, not the legislators, now choose
the electors

Approving the Constitution

Approving the Constitution

By September 17, 1787, a

committee (42 of the 55 delegates
were present) headed by Governor
Morris, had put their ideas in
writing, and the Constitution was
ready to be signed

All but 3 delegates signed the

Constitution

The Constitution still had to be

ratified, or approved

Needed 9 out of the 13 states to ratify

Approving the Constitution

The Constitution was set out to

become the supreme law of the
land
A problem with the Constitution was
that it determined National and
State powers

Led to a division of the public into 2

groups: Federalists and AntiFederalists

Federalists

Federalists were
supporters of the
Constitution
The name Federalists
emphasized a new
system of
federalism=govt
power divided
between FEDERAL
(National) and the
State govts

Federalists

Leaders of the Federalists included:

Alexander Hamilton, James Madison,
and John Jay
Federalists goals included a STRONG
central government and WEAKENED
state powers

Federalists

To win support, the

Federalists reminded
Americans of the flaws in the
Articles of Confederation
In a series of essays known
as The Federalists Papers,
Alexander Hamilton, James
Madison and John Jay
defended the Constitution
and tried to gain support for
the newly proposed plan for
govt

Anti-Federalists

Anti-Federalists opposed the US

Constitution
Had 2 main concerns:

Gave too much power to the

National govt, weakened state govt
Absence of Bill of Rights

Anti-Federalists

The leaders of the

Anti-Federalists
were Thomas
Jefferson and
Patrick Henry

Resolution Agreement

The Federalists eventually agreed with the

Anti-Federalists that a bill of rights was a
good idea
June 21, 1788: New Hampshire becomes
the 9th state; therefore, the US Constitution
officially ratified!!!
1790: Rhode Island was the last state to
ratify the Constitution
The 13 independent states now become
unified as the United States of America

Structure of the Constitution

A.
B.
C.

Constitution: 3 Major Parts

Amending: Process of Change
Interpreting the Constitution?

Constitution: 3 Major Parts

The Constitution is:

Our framework for government

Supreme law of the land
Basic law of the U.S.
Empowers the 3 major branches of the
government
Divided into 3 Sections: Preamble,
Articles, and Amendments

The Articles

The 7 articles that follow the Preamble

explain how our government should work

I. Legislative Branch
II. Executive Branch
III. Judicial Branch
IV. States Rights and Responsibilities
V. Amendment Process
VI. US Constitution is the Supreme Law of the
Land
VII. Ratification of the Constitution-Need 9 out
of 13 states to approve

The PreambleYouTube Video

The Preamble is
the introduction to
the Constitution
States the goals
and purposes of
the government

The Preamble

There are 6 goals listed in the Preamble:

Form a more Perfect Union

To establish Justice
To insure domestic Tranquility (maintain
peace/order)
Provide for a common defense (protect the
nation with force)
Promote the general welfare (help people)
Secure the Blessing of Liberty to ourselves and
our Posterity (guarantee freedom and the
rights of our children)

Article I: Legislative Branch

Primary function is
to make laws
Bicameral: the
Senate and the
House of
Representatives
Has 7 specific
powers

Article I: Legislative Branch

If a representative
dies, retires or is
impeached,
another election is
held and the
winner of that
election takes
office
The Vice President
serves as President
of the Senate

Article I: The Legislative

Branch

The Congress is to meet on the 1st

Monday in December. (They must
PASS a law in order to change this)
The LAW sets the Congressional
salaries, and the Treasury of the
United States pays them

Article I: The Legislative

Branch

Any member
elected to the
Senate shall be
called Senator
Deaton (substitute
their last name)
In the U.S., we do
not have
princes/princesses
so no matter how
much $$$ you
give, NO ONE can
become royalty

Article I: Legislative Branch

House of
Rep.

Senate

President

Age
Requireme
nt
# years as
a citizen

25

30

35

Natural born
citizen/14 years
residency

Elected
how often

Article I: The Legislative

Branch
The Senate is the only
house that may try (go
through a court case) a
member and decide to
impeach them
All bills being passed that
raise money must START
in House of
Representatives, but the
Senate must agree with
the decision
The House of
Representatives can
override a Presidential
veto (rejection) of a bill

Article I: Legislative Branch

7 Specific Powers:

Pass laws by majority vote

Declare war
Coin/borrow $$$$
Approve Treaties
Issue/Collect taxes
Regulate commerce: foreign/interstate
(domestic)
Confirm Presidential Appointments
List limits on Congress

Article I: The Legislative

Branch

The necessary and proper clause,

Implied powers clause, or elastic
clause means that Congress has the
power to stretch its powers to meet
situations that may arise

Article I: Legislative Branch

4 Powers Denied
to the States:

Make treaties
Coin $$$
Cannot tax imports
or exports
Keep troops or
battleships in time
of war or in time of
peace

Wage war
against another
state or the
country

4 Powers Denied to the National

Govt:

Cannot restrict migration

between states
Cannot ignore the Writ of
Habeus Corpus (reasonable
doubt)
Cannot punish a person without
a trial (bill of attainder)
Cannot tax exports from the
states
Cannot limit travel between
states
Cannot take money out of the
National Treasure without
permission
Cannot make a noble class

Article II: The Executive

Branch

The President is the head of the Executive

Branch

Article II: The Executive

Branch

3 Requirements
for the President:

Citizen of the US
by birth
35 years old
A resident of the
US for at least 14
years

Article II: The Executive

Branch

5 Powers of the President

Issue executive orders

Nominate heads of executive
departments, agencies, and other high
ranking offices
Veto bills passed by Congress
Nominate federal judges (Supreme
Court Justices)
Appoint ambassadors, consuls and
ministers

Article II: The Legislative

Branch

The main duty of

the President is to
be the Commander
in Chief (Head of
the US army)

Article II: The Legislative

Branch

If the President is found dead, the

Vice President takes office
The President swears to faithfully
execute the Office of President of the
United States, and will to the best of
my ability, preserve, protect and
defend the Constitution of the United
States

Article II: The Legislative

Branch

The President may issue treaties as

long as he has at least 2/3rds of the
Congress consent
The President can be removed from
his office on Impeachment for
treason, bribery, or other high crimes
and misdemeanors

Article III: The Judicial Branch

The courts are a part of the Judicial Branch

Article III: The Judicial Branch

A federal judge shall hold office for

life
The 2 instances where the Supreme
Court has original jurisdiction:

When Ambassadors, other public

Ministers and Consuls are involved
When states are involved

Original jurisdiction means that the

Supreme Court has the authority to
be the 1st to hear a case

Article III: The Judicial Branch

Congress cannot, for any reason,

abolish the Supreme Court
Yes, the Supreme Court can declare
any law unconstitutional
There are 12 Supreme Court justices

Article IV: Relations Among the

States

Each state must

give citizens in
other states the
same rights and
privileges as their
own citizens
If someone
commits a crime
in one state a
flees to another,
the governor can
order the return of
that person

Bev Purdue-N.C.
Governor

Article IV: Relations Among the

States

New states may be admitted by the

Congress, but no state may be
formed within another state; and 2
states cannot be combined to make 1
larger state with the the consent of
the Legislature
The United States shall guarantee to
every state in this Union (country) a
Republican form of government

Article V: The Amendment

Process

The Legislative Branch decides which

method to use when ratifying an
amendment
3/4ths of states must approve a
proposed amendment now for it to
pass
It can add laws to the Constitution, or
change laws already in the
Constitution

Article VI: National Supremacy

All debts Congress has are to be paid by

the national government (money gotten by
collection of taxes)
The Federal law (national law) is the
supreme (highest) law
All Senators and Representatives must
swear to uphold the Constitution
There will be no religious test required for
Senators and Representatives elected

Article VII: Ratification of the

Constitution

9 out of 13 states were required to

sign the Constitution before it was
established
George Washington was the first
person to sign the Constitution
because he was the leader of the
Constitutional Convention
3 delegates did not sign th
Constitution because it lacked a bill of
rights

VII: Ratification of the

Constitution
North Carolina Signers:

Hugh Williamson

William Blount

Richard Dobbs
Spaight

VII: Ratification of the

Constitution

Rhode Island was the last state to sign the

Constitution, which was in 1790

Amending the Constitution

Key Terms

Amendment
Bill of Rights
Elastic Clause (Necessary and Proper
Clause)
Implied powers
Strict interpretation
Loose interpretation
Expressed powers
Enumerated powers

Amending/Changing the
Constitution

Since the
Constitution was
signed in 1787, it
has been amended
27 times (Any
change in the
Constitution is called
an amendment).
The first 10
amendments, known
as the Bill of
Rights, were added
in 1791.

Amending/Changing the
Constitution

Goals of the Amendments:

Improve the way government meets the

needs of the people
Help the government adjust to new
circumstances/situations
Example: In 1913, an amendment was
passed to allow Congress to collect an
income tax (a tax on peoples earnings)

The Amendment Process

The process for amending the

Constitution is found in Article V (5)
of the Constitution
Steps to Amending the Constitution

Proposal (Proposals can be made in 2

ways):

Congressional action-2/3rds of the

Congress must vote in favor of the
amendment
National convention-must be requested by
2/3rds of the state legislatures

The Amendment Process

Steps to Amending the Constitution

cont.

Ratification-must be approved by 3/4ths

of state legislatures (2 ways to ratify an
amendment);

Vote by individual state legislatures

Vote by special state conventions

Interpreting the Constitution

Interpreting-trying to figure out what

the Constitution really means
Four Methods of Interpretation:

Necessary and Proper Clause

Court Decisions
Congressional/Presidential Actions
Customs

Methods of Interpreting the

Constitution

Necessary and Proper Clause

Found in Article I (1)

Allows Congress to exercise power not
specifically listed in the Constitutionthese powers are known as implied
powers
Should Congress be allowed to make
laws that the Constitution does not
specifically forbid?

Example: Embryonic Stem Cell Research

(cloning animals and people)

Methods of Interpreting the

Constitution

Court Interpretations

The Supreme Court has

the final authority on
interpreting the
Constitution
Supreme Court justices
determine if a law is in
accordance (agrees
with) what the
Constitution says
Judges can interpret
the Constitution strictly
or loosely

Methods of Interpreting the

Constitution

loose interpretation-gives the

Constitution flexibility, allows the
Legislative and Judicial branches to
adjust the meaning of the
Constitution to fit different situations
strict interpretation-literal
interpretation of the Constitution;
Legislative and Judicial branches have
only the powers listed in the
Constitution

Methods of Interpreting the

Constitution

Congressional Action:

The Constitution allows

the House of
Representatives to
bring charges against
(accuse) federal
officials of inappropriate
acts
Senate: Senators
determine a persons
guilt or innocence
Congress has
investigated more than
60 impeachment cases

Executive (Presidential)
Action:

Presidential succession
(whos next in line)
1841: Pres. William
Henry Harrison dies in
officeVice President
John Tyler became
President
Constitution is unclear
on this process (change
of power)
1967: 25th Amendment
Presidential
succession established

Methods of Interpreting the

Constitution

Enumerated powers-powers
directly stated in the Constitution;
also known as expressed powers
Expressed powers-powers directly
stated in the Constitution; also known
as enumerated powers

Methods of Interpretation

Interpretation Through Custom

The interpretation of the Constitution has

also changed through customs that have
developed.

Example: Although the Constitution does

not mention political parties, they are a
very important part of todays political
system

Five (5) Principles Underlying

the Constitution
A.
B.
C.
D.
E.

Popular Sovereignty
Rule of Law
Separation of Powers
Checks and Balances
Federalism

Popular Sovereignty

Popular
Sovereignty-rule by
consent of the
governed
Article IV of the
Constitution
guarantees the people
a Republican form of
government
We ELECT those who
govern us
Majority rule (more
than 50% of the vote)
determines who
represents us

Rule of Law

Constitution set limits on the powers

of the government
Rule of law-the law applies to
everyone, including those who govern
No one may break the law or escape
its reach

Separation of Powers

Montesquieu came up with the idea

The split of authority among the
legislative, executive and judicial
branches is known as separation of
powers
Functions/powers of the government
are divided among the various
branches
Each branch has specific powers but
NOT ALL the power

Checks and Balances

Checks and balances-a system in

which each branch of the government
is able to check, or restrain, the
power of the others

Checks and Balances

Checks and Balances

Legislative Branch
(Congress)-makes
laws
Checks:

Executive Branch
(President): may veto
(reject) laws passed by
Congress
Judicial Branch
(Supreme Court): may
declare a law passed by
Congress
UNCONSTITUTIONAL

Checks and Balances

Executive Branch-carry out

the laws/Executive Orders
and Actions/Veto
Checks:

Legislative Branch
(Congress)-impeach officials;
reject judicial appointments;
congressional override (2/3
vote of Congress)of
Presidential veto
Judicial Branch (Supreme
Court)-declare act
unconstitutional

Checks and Balances

Judicial BranchInterpret the laws

Checks:

Legislative Branch
(Congress)-impeach
judges; reject judicial
appointments
Executive Branch
(President)-appoint
more judges

Federalism

Federalism-powers divided between

national and state governments
State laws must be in agreement with
Federal laws and the US Constitution

Federalism

Power is divided three ways:

Expressed powers-powers given

specifically to the national government by
the Constitution, also known as enumerated
powers
Reserved powers-powers that the
Constitution does not give to the national
government that are kept by the states
Concurrent powers-powers shared by
both the national and state governments

Expressed Powers

Laws specifically given to the national

government:

Pass laws
Regulate trade (foreign and interstate)
Conduct foreign affairs (make treaties)
Raise/support an army (military defense)
Coin and print money (establish a
monetary system)
Establish a postal service
Govern US territories (such as Guam),
admit new states, regulate immigration
(population control)

Reserved Powers

State governments reserve the power

to:

Provide for the public safety and health

within the state
Regulate trade with the state
Establish local governments (town, city,
counties)
Conduct elections
Establish public school system

Concurrent Powers

Powers that both national and state

governments have:

collect taxes
borrow money
set up courts and prisons
provide for the general welfare (wellbeing) of the people

Supremacy of the Constitution

In a federal system, the laws of a state

and the laws of a nation may conflict
Article VI (6) of the Constitution declares
that the Constitution and other laws and
treaties made by the Constitution are the
supreme law of the land
Because the Constitution is the highest
law, the national and state governments
can not do anything that goes against it
and state governments may not go
against federal law