We the People…..
The Failings of the Articles of Confederation
and the Solutions of the Constitutional Convention
The First President of the
united States of America-
SAMUEL P. HUNTINGTON
The Articles of Confederation
* What type of government did they choose?
• Confederated Republic
• Strengths
• The states had their sovereignty
• There was equality amongst the states in terms of voting,
regardless of population or size in area
• Weaknesses
• The central (national) government was weak and there was no way to
enforce their decisions on the states
• It was difficult to make decisions as a unified entity
• There was inequality amongst the states in terms of population
size, so there was unequal representation in those terms
The Articles of Confederation
* How were decisions made in their government?
• Each state could send a delegation of between 2 and 7 members selected by
that state’s legislature
• However, each state had only one vote in the Congress
• Strengths
• Every state was equal in their voting
• It was up to the states to vote, not individuals
• Weaknesses
• It was time consuming to make decisions
• The question of whether all states should be equal was constantly on the
table in voting
The Articles of Confederation
* How Was Their Government Funded?
• Each state was allocated a portion of the total debt of the United States based
on the total real property value within that state
• Strengths
• Richer and larger states were expected to pay their fair share
• Weaknesses
• The central government was dependent upon the states for payment,
which was not always forthcoming
• States paying for more got the same say as states paying for less
The Articles of Confederation
* Who Was Allowed to Participate in the Government?
• Only the states, not the people. Each state would determine who could vote
within their state. This made the states practically independent nations of their
own
• Strengths
• The states all stayed equal to each other
• Weaknesses
• Each individual state was subject to a different group of voters who
wanted protection of their own rights, and therefore created a variety of
things such as money, differing laws, taxes, etc.
• Made travel between states very difficult
The Articles of Confederation
* How Were Changes to the Government Made?
• To pass a law took the approval of a super majority of 9 states
• To change the Articles themselves took unanimous approval of all the state
legislatures
• Strengths
• This made sure that almost everyone in the Confederacy was on the
same page, and it was a unified action
• Weaknesses
• It was very difficult to reach the majorities needed, and therefore hardly
anything ever got done
Is It Time For a Change?
* So the Articles of Confederation are causing all kinds of problems
• The national government cannot pay its bills
• It is taking too long to get things accomplished
• For example, the Treaty of Paris that ended the Revolutionary War is still
waiting to be signed, which means the final British evacuation has not
happened yet
• The people are getting upset
• Shay’s Rebellion occurs
• Farmers in Massachusetts had been paid in Continental War Bonds, or not paid
at all
• Their creditors and the government wanted to be paid in cash
• Speculators purchased the bonds they had at pennies on the dollar, leaving
them with hardly anything for their service
• Daniel Shays and about 500 other rural Massachusetts farmers organized a
force that shut down courthouses and harassed tax collectors
Is It Time For a Change?
* So the Articles of Confederation are causing all kinds of problems
• The people are getting upset
• Shay’s Rebellion occurs
• They were eventually defeated by the Massachusetts Militia, but their uprising
scared men involved in and interested in government, and they knew a change
in the Articles of Confederation government had to come soon
• Travel and commerce between the states is near impossible
• Each state has its own money, with different values
• Each state taxes items from other states
• The states cannot exist independent from the others in the economy they have
developed
• For example, southern states needed to sell their agriculture in northern states
ports, to be taken to Europe to be sold, so Northern merchants would have
money
Is It Time For a Change?
* As a result, James Madison of Virginia suggests having a meeting of all of the states
to discuss ways to improve the Articles of Confederation
• The Congress approves of the convention, and charges it with bringing back a
report on suggestions of how to improve the Articles of Confederation
• When everyone met in Philadelphia in 1787 Madison threw a curveball, and
with George Washington, suggested that the only way to fix the Articles of
Confederation was to get rid of it and design a new government
• Those who felt that there was a need for change were called “Federalists”, the
most famous of whom, James Madison, Alexander Hamilton and John Jay wrote
a series of articles in support of the new Constitution called “The Federalist
Papers.”
• Those who were worried any change may detract from individual liberties were
known as “Anti-Federalists”, and were opposed to and resisted the proposed
Constitutions changes, such famous men as Patrick Henry and Samuel Adams
counted themselves in this group
Defining The Change: The Preamble
• “We the people, of the United States of America” leaves no doubt that this
government derives all of its power from the people of the nation
• “In order to form a more perfect union” indicates that the framers realized
that the Articles of Confederation were imperfect, and needed to be changed
• “Establish justice and insure domestic tranquility” allows the new
government to address the economic concerns that were the basis of the
Massachusetts uprising known as Shay’s Rebellion, and be able to respond to
it with force if need be
• “Provide for the common defense, promote the general welfare and secure
the blessings of liberty, to ourselves and our posterity” are the remainder of
the listing of duties that the federal government is intended to engage in.
• “Do ordain and establish this Constitution for the United States of America”
is the declaration of purpose of why they have outlined the role of
government as they see it based on their experiences with the Articles of
Confederation
Sorting Out the Problems: Article One
* Two plans are put forth to address the issue of representation
• James Madison proposes THE VIRGINIA PLAN:
• This states that Congress will have two houses
• A lower house based on population
• An upper house elected by, and from, the members of the lower house
• William Patterson proposes THE NEW JERSEY PLAN:
• This basically leaves Congress the way it was under the Articles of
Confederation, where each state was equally represented, except for;
• Congress could set taxes and enforce their collection
• National laws would take precedence over state laws
Sorting Out the Problems: Article One
* Two plans are put forth to address the issue of representation
• By the end of the debate, Roger Sherman of Connecticut proposes what has
come to be known as the GREAT COMPROMISE, which says that:
• Congress, the legislative body responsible for making laws, will consist of two
houses:
• The House of Representatives, elected by the people, based on population, (one
representative for every 30,000 people,) elected every two years, and presided
over by a Speaker of the House; and
• The Senate, elected by the people, and consisting of two members from each
state, elected every six years, and presided over by the Vice President of the
United States.
Article One
* Two plans are put forth to address the issue of representation
• The issue of who would be counted was particularly important, and caused
much heated debate
• Southern states wanted to count their slaves in the count of their population
• Northern states did not want this to be allowed
• A compromise was reached, known as the 3/5th’s COMPROMISE, wherein each
slave and indentured servant would be counted as 3/5th’s of a person, and
Indians would not be counted
• Congress was also given the power to approve direct taxes on the people based
on population
Article One: Qualifications
* A Representative
• Must be 25 years of age
• Must have been a U.S. citizen for at least 7 years
• Must be a resident of the state in which they are elected from
* A Senator
• Must be 30 years of age
• Must have been a U.S. citizen for at least 9 years
• Must be a resident of the state in which they are elected from
Article One: The Powers of Congress
* THE ELASTIC CLAUSE
• “To make all laws which shall be necessary and proper for carrying into
execution the foregoing powers, and all other powers vested by this
Constitution in the government of the United States, or in any department or
officer thereof.”
• For example, the Constitution says nothing about health care, but yet Congress
passed a law stating that mandatory universal health care must be provided by
the government, because they felt it was necessary and proper to providing for
the general welfare of the people
• Another example, the Constitution says nothing about electronic piracy, but yet
the Congress has passed laws protecting the rights of artists and media
companies to the works they produce, because they felt it necessary to insure
justice
Article One: The Powers of Congress
* IMPEACHMENT
• When a high ranking government official is accused of “high crimes and
misdemeanors” the House of Representatives will determine if there is enough
evidence to find him guilty, and if so, will impeach the official
• Once impeached, the Senate will conduct a trial, with witnesses, a defense, and
presided over by the Chief Justice of the United States Supreme Court
• 2/3’rds (Two-Thirds) of all Senators must vote guilty in order for the impeached
person to be removed from office
• Only three Presidents in U.S. history have been impeached (Andrew Johnson,
Richard Nixon and Bill Clinton.) None have been found guilty in the Senate
Article One: The Powers of Congress
* APPROVAL OF PRESIDENTIAL APPOINTMENTS
• The Senate approves, with a majority vote, such appointments to offices as:
• Cabinet Members
• Ambassadors
• Supreme Court Justices
Article One: The Powers of Congress
* APPROVE TREATIES
• 2/3rd’s (Two-Thirds) of all Senators must vote to approve a treaty in order for it
to take effect
Article One: The Powers of Congress
* OTHER ENUMERATED POWERS
• To coin money
• To declare war
• Create taxes
• Regulate Commerce
• Borrow Money
• Create and Fund an Army and a Navy
Article One: The Powers of Congress
* POWERS LEFT TO THE STATES
• Anything not listed in the Constitution as a power of Congress is left to the states to
decide how to exercise
• HOWEVER, A FEDERAL LAW ALWAYS BEATS A STATE LAW!
• States are left with some powers under our system of government. The
division of powers between the national government and the individual
state governments is called Federalism
• Powers shared by both the national (federal) and state governments are called
Concurrent Powers