Unit 4 - New Republic Notes

Articles of Confederation
Sovereign = independent
The Articles of Confederation
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Articles of Confederation forms a weak central government
1 branch of gov’t - Legislature
1 House (H.O.R.)
3-7 representatives for each state
Each state gets 1 vote
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The Land Ordinance organizes the Northwest Territory
1 Township = 6miles x 6miles
Positive Effects of the A.O.C.
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school
Townships are divided into 36 sections
1 section = 1-mile x 1 mile
Section 16 is set aside for free public schools
The Northwest Ordinance sets up the process of how a
territory becomes a state.
1. 6,000 people live in the territory – elect a
legislature, appoint a governor and 3 judges
2. 60,000 people live in the territory – write a
state constitution and apply for statehood
Confederation – a loose association of sovereign
(independent) states
The first rules of government for our first country
The A.O.C. was an overreaction to the monarchy
(rule by a king) of England. Too much power was
given to the states with little or no power to the
central government
Only one branch of government – Legislative
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Land Ordinance of 1785
o Created Northwest Territory
 Ohio, Indiana, Illinois, Michigan,
Wisconsin
o Township and range surveying method
 Provide for a means to pay for
Public Education
The Northwest Ordinance of 1787
o Forbade (outlawed) slavery in the territory
(slavery would be abolished in all Northern
states by 1804)
o Divide into no less than 3, but no more than
5 states
o These states would have Equal Status of the
original 13 States
o How to become a State:
 Congressionally appointed
Governor and 3 Judges
 Elected Legislature when voting
population>6,000 voters
 State Constitution and Statehood
when voting population >60,000
Problems with the Articles of Confederation
If the central government cannot tax or make money, the
government cannot run
Paper money is not worth as much as coin money.
People trying to pay debts wanted to use paper money, but
creditors would only take coin money.
When people could not pay their debts, their land was taken
as payment which caused rebellion.
Shay’s Rebellion shows just how WEAK the central gov’t is
under the AOC
Most problems are caused by weak Central Government with
no power over the states
 No Taxing Power – No Money
 Inflation – money became less valuable over time
 Tariff wars
 Jealousy and quarrelling among states
 Foreign affairs in shambles
 Disrespect from other countries
 Debtor – Creditor Conflicts
o Shay’s Rebellion – this is the “straw that
broke the camels’ back” – “tipping point” –
proved we needed a stronger National
government
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Something Had to Change
All of the states, except Rhode Island, attended the Federal
Convention in Philadelphia, Pennsylvania.
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George Washington, James Madison, Alexander
Hamilton pushed for change towards a more
Powerful Federal government with power over the
states
These three men became known as Federalists
Constitutional Convention p.161-167
Constitution – the fundamental laws or principles by which a
nation is governed, usually a written document
Govern – to direct, control, in a straight, smooth course for
the good of the whole
The Constitutional Convention, 1787
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Met in Independence Hall, Philadelphia, Pennsylvania
Small states didn’t like that large states would have more
power in the Legislature.
James Madison “Father of the Constitution”
 Studied for a year, reading over 200 books to
prepare for the convention
 Madison’s 15-point plan, the “Virginia Plan”
o Strong Federal Government
o 3 Branches of Government
 Executive
 Judiciary
 Legislative - # of representatives
determined by population (this
gave more power to the large
population states, i.e. Virginia)
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New Jersey Plan
o Wanted to just strengthen Articles of
Confederation
o Keep all states equally powerful (this
protects the small population states, i.e.
New Jersey)
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Alexander Hamilton’s Plan
o President and Senators elected for LIFE
o Immediately rejected – sounded too much
like a Monarchy
Wanted the Legislature to be based on equality so that the
small states were not overpowered.
After listening to Hamilton talk about his plan for 6 hours everyone pretended the last 6 hours never happened and
continued their conversations about the other two plans.
The Convention was supposed to only “fix” the
Articles of Confederation
Rules for the convention
o Secrecy
o Flexibility
o Courtesy
The Great Compromise (How many Representatives for
Connecticut Compromise
2 houses: 1 based on population and 1 based on equality
This makes both the large states and the small states happy
each State?) It’s a Big State/Small State thing
 Virginia Plan - # of representatives determined by
population
o Strengthens large population states
 New Jersey Plan - # of representatives equal for
every state
o Strengthens small population states
 The Great Compromise – This finally works!!
o Proposed by Roger Sherman of CT
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One house of the legislative branch
# of representatives is determined
by the population (House of
Representatives)
The other house, the # of
representatives would be equal
from each state (House of Senate)
Constitutional Convention p.168-170
Three-Fifths Compromise (slavery)
If the South counted slaves as part of their population they
would have more power in the legislature  the North
wouldn’t allow that.
The south was able to count part of the slave population as
people for representation in the legislative branch.
In exchange, the international slave trade was suspended
for 20 years.
Leaders of the convention wanted to get rid of slavery once
and for all, but Georgia and South Carolina refused to join the
new country without slavery.
 Southern states wanted to count slaves as people
(thereby giving them more representation in the
legislative branch and more power in the federal
government) BUT treat slaves as property.
 Northern states said if you count them as people for
legislative purposes then you must give them the
vote and thereby end slavery.
 Solution – 3/5 Compromise
o A slave would count as 3/5 of a person in
determining representation in the House of
Representatives
Who should elect the representatives? Some delegates
thought the common man too stupid. “The masses (people)
are asses (donkeys)”
 Legislative compromise
o House of Representatives elected directly
by the people
o House of Senate elected by the state
legislators (later changed in 1913 to direct
election by the people)
 Executive Compromise – Who should elect the
President?
o Once again the common man was seen as
too uneducated to make such an important
decision
o Compromise – The Electoral College
 The Electoral College made up of
electors chosen by each state
would choose the President
 The # of electors would be
the same as the # of
congressmen
Any Religious Tests for Public Office?
 DO you have to be a certain religion to hold a public
office?
o NO
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Who should Declare War? Legislative or Executive Branch?
 Compromise – Legislative (Congress) has the power
to declare war, while Executive branch has the
ability to repel sudden attacks.
Should there be a Standing Army?
 Americans disliked having an army, even their own,
roaming through the country. They feared the power
of the army, but we had to protect ourselves.
 Compromise – There would be a standing
(permanent) army, but with a civilian (the President)
in charge.
Should there be a Bill of Rights?
 Not at this time (1787), but to get all the states to
ratify they put one in through amendments in 1791
(the first ten amendments)
Miracle at Philadelphia: A Federal Republic p.173
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Federalism – a system of shared power between the
states and the national government
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Republic – a nation in which the supreme power
rests in the people entitled to vote and is exercised
by representatives elected directly or indirectly by
them and responsible to them.
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Popular Sovereignty – power belongs to the people
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Two pillars upon which the USA is based
o Capitalism
 Based on Economic Freedom
 With the right to
o Private Property
o Free Enterprise
o Making a Profit
o Democracy
 Based on Political Freedom
 Liberty
 Equality
 Justice
Ben Franklin – “In a Republic the Government is
conducted only by consent of the people. The rulers
are servants, and the people are their superiors and
sovereigns.” (Popular Sovereignty)
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Ratifying the Constitution p.174-177
Ratification of the proposed Constitution
 At least 9 states had to approve (through their state
ratifying conventions) the Constitution before it
became the supreme law of the land.
 Federalists – Wanted a STRONG NATIONAL
GOV’T
o
o
They supported the Constitution
Wrote the Federalists Papers
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85 newspaper articles written by
Alexander Hamilton, James
Madison, and John Jay to convince
people to support the Constitution.
It worked
Anti-Federalists – Wanted a STRONG STATE
GOV’T
o
o
RI didn’t even attend the convention; no wonder they were
the last to ratify
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They were against the Constitution
They were worried that the states would
get “stepped on” by the strong federal
government
o Important Federalists – George Mason,
Patrick Henry, Richard Henry Lee
Delaware – was the 1st state to ratify (Dec. 7, 1787)
New Hampshire – 9th and deciding vote (June
21,1788)
Rhode Island – last to ratify (May 29, 1790)
The National Government of the United States of America p.178
National Government
 Divided into 3 branches
o Legislative
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Congress
Makes Laws
2 Houses
 Senate – 2 from Each
State; 6 year terms
 House of Representatives
- # is proportionate to
state population; 2 year
terms
o Executive
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President
 4-year term
 Executes (carries out)
Laws
o Judicial
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Supreme Court
 9 members
 Appointed by President
 Life terms
 Interprets (judges) the
Laws
National Government – Separation of Powers and Checks and Balances p. 179
Separation of Powers
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Executive Powers
o The President
 Carries out the laws
 Commander in Chief of the armed
services
 Appoints judges, ambassadors, and
other officials
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 Makes treaties
Legislative Powers
o The Congress
 Lay and collect taxes, pay debts,
provide for the common defense
and general welfare of the U.S.
 Regulate interstate and foreign
commerce
 Declare War
Judicial Branch Powers
o The Supreme Court
 Interprets laws and treaties
Checks and Balances
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Executive Branch
o Checks the judicial branch by appointing
judges
o Checks the legislative branch by veto power
over proposed bills
Legislative Branch
o Checks the executive branch by overriding
veto with 2/3 vote of both houses
o Checks the judicial branch by determining
the # of supreme court justices and
approval of appointed judges
Judicial Branch
o Checks the executive by ruling presidential
actions unconstitutional
o Checks the legislative branch by declaring
laws passed by congress unconstitutional
The National Government
The Federal System: Division of Powers between the National and State Governments p. 180
Powers of National Government
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Regulate interest and foreign commerce
Coin Money and regulate its value, fix standard
weights and measurements
Punish counterfeiting
Set rules of naturalization and bankruptcy
Establish post offices
Promote science and useful arts with patents and
copyrights
Declare War
Raise and support an Army and Navy
Powers Reserved for the States
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Establish local governments
Conduct elections
Regulate commerce within a state
Establish and maintain schools
Make marriage and divorce laws
Provide for public safety
Make laws regarding contracts, corporations, wills,
etc.
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Raise and support a militia
Concurrent (shared) Powers
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Lay and collect taxes, pay debts
Borrow money
Provide for the general welfare
Establish courts
Enforce laws
Punish lawbreakers
Charter banks
Make bankruptcy laws
Build roads
Reserve Power
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All powers not given to the Federal Government or
prohibited to the States are reserved for the States
The Bill of Rights 1791 p.182-183
The Bill of Rights
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The first 10 Amendments to the Constitution which
protect Individual Rights
1st Amendment
o Freedom of
 Religion
 Speech
 Press
 Assembly
 Petition
2nd Amendment
o Right to bear arms
3rd Amendment
o Right NOT to Quarter Soldiers
4th Amendment
o Freedom from Unreasonable Search and
Seizure
5th Amendment
o Due Process
6th Amendment
o Right to a Speedy Trial
7th Amendment
o Right to a Trial Jury
8th Amendment
o No Cruel and Unusual Punishment
9th Amendment
o Constitutional Rights Do Not Deny Other
Rights
10th Amendment
o States’ Rights – Reserved Rights
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How a Bill Becomes a Law pg. 184
A Bill is a proposed Law
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To become a Law, a Bill must be approved by both
houses of Congress and signed by the President
A Bill can be proposed by anyone, but only a
legislator can sponsor, or carry it through the
required steps
o Origin – Where does it start?
o Committees – give the bill a number
o Hearings – experts and interested parties
speak for or against the bill and make
recommendations
o Committee Action – discuss and debate,
amended and voted on. If approved goes to
the other house for the same action
(committee, hearings, committee action,
congressional action). If approved by the
other house it goes to the President.
o Executive Action
 Veto
 Sign Bill making it a Law
 Hold the Bill without signing
 In 10 days, it becomes law
if congress is in session
 It dies in 10 days if
congress is not in session
o Congressional Override
 Congress can override a veto with
a 2/3 majority vote in both houses
o Judicial Action
 The Supreme Court can declare a
law unconstitutional if it violates
the Constitution
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