Our U. S. Constitution

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Our U. S. Constitution

• Birth of our enduring nation

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Why did the Articles of Confederation fail?

• November 1777- March 1781 a Confederation
  (partnership) of independent equal states was
  formed
• Because of the experience of the American
  Revolution, Americans were frightened by a strong
  central government and showed more loyalty to
  their states
• The new government contained only one branch-
  unicameral legislature with no power to enforce
  laws or settle disputes (Georgia modeled their
  1777 Constitution on 3branches, but the
  legislature had the real power )

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Why did the Articles of Confederation fail?
continued

• Congress had no money and could not levy taxes
  it could only ask states for voluntary
  contributions
• Congress had no power to regulate trade between
  states or with foreign nations
• Congress failed to protect citizens from state
  discrimination and economic difficulties after
  the war

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Case Study Shays Rebellion

• 1786- America was in financial trouble
  businesses failures, people in debt, trade
  problems, war debt and soldiers salaries not paid
• Massachusetts farmers blamed state taxes on their
  financial problems
• Daniel Shays led a revolt against the state
  government, trying to capture arms at the state
  militia arsenal
• Neither state nor Confederation government had
  the power to stop the rebellion
• How could a country exist if it could not keep
  law and order?

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Philadelphia Convention May- October 178755
delegates from 12 states Georgia sent 4, but
only William Few and Abraham Baldwin would sign
the final document.

• Six compromises were needed to form the
  Constitution for a stronger national government
• Separation of Powers
• Checks and Balances
• Federalism
• Representation
• Guarantees to the States
• Amending the Constitution

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Separation of Power
To prevent a national government from becoming a
dictatorship, the framers of the Constitution
laid out a plan for shared powers. The National
government would be divided into three branches,
all based on the voters. Both the leaders of the
Legislative Branch and the Executive Branch would
be voted on by the people, and the leaders of the
Judicial Branch would be selected by the
Executive Legislative Branch.
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Checks and Balances

• To further balance the power,
• each of the three branches could check the powers
  of the others

Executive Branch
Confirm appointments Impeach, override veto
Determines if laws Are constitutional
Appoints vacancies
Power to veto
Impeach, propose amendments
Judicial Branch
Legislative Branch
Interpret laws, determine if they are
constitutional
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Federalism

• On the issue of a strong national government with
  strong state powers, the compromise consisted of
  distributing powers
• National government is in charge of national
  matters
• ex. foreign policy money
• In matters of both national state government
  concern, they share power
• ex. highways taxes
• In some matters, states are free to govern
  without national interference local governments
  are arms of the state
• ex. education programs traffic violations

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Representation in CongressThe Great Compromise
Congress created 2 houses- the House of
Representatives with numbers based on population
and the Senate with 2 representatives from each
state
Large states (ex. Virginia) wanted representation
based on population
Small states (ex. Delaware) wanted equal
representation
Heavy Slave states wanted to count slaves into
population totals, but not taxable
3/5 of the slave population would be counted for
population and taxes Congress could not regulate
the slave trade for 20 years (1808)
Non Slave states did not want to count slaves
into population totals wanted Congress to
regulate slave trade
Abraham Baldwin-GA-forced the compromise
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Guarantees to the States
How would the Constitution protect the states and
guide their relationships?

• The National government will protect the states
  from foreign invasion or domestic violence
• Moving from state to state will not deny a
  citizen his rights
• There will be an orderly process for a territory
  to become a state, with equal rights and powers
  as other states (no colonies)
• Every state is guaranteed a republican form of
  government, but lets the people of each state
  shape that government

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Amending the Constitution

• How easy would it be to change this document on
  which the government was built?
• Not so easy as to be altered by changing,
  temporary emotions
• Must be flexible to grow with a changing nation
• 2/3 of both houses of Congress or 2/3 of state
  legislatures must propose an amendment or call a
  convention to propose one ¾ of the states would
  have to approve the proposed amendment for it to
  pass. In 200 years this has happened only 27
  times.

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Compromise needed to get ratification of the
Constitution

• Fearing danger to individual liberties in the
  new constitution, opponents got a promise to add
  the
• Bill of Rights (first 10 Amendments)
• Freedom of religion, expression, press,
  assembly
• Right to bear arms
• No quartering of soldiers
• No unreasonable searches or seizures
• Right to due process of law (rights of persons
  accused of a crime)
• Right to a fair trial
• Right to a trial by jury
• Fair bail and punishments
• Rights to be retained by the people
• Powers reserved to the states and people (powers
  not listed by the constitution are reserved to
  the people or the state.)

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And so through compromise, our Enduring
Constitutionwas formed