Transcript Nations First Governments

Nations First Governments
 The Articles of Confederation
 First Constitution of the United states of
America
 It established a system of cooperation between the 13
independent states
 It was ratified by all 13 states in 1781
 One house legislature (called the confederation
congress) with each state having 1 vote!
 Had control of the army and could make deals with
foreign countries on behalf of the states (these powers
were called central powers and were limited)
Accomplishments of the
Articles of Confederation
1. Laid the foundation for the admin of the
national government
2. Provided for the systematic growth and
development of the U.S.
3. Ordinance of 1785
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Congress creates a system for surveying an area of land.
4. Northwest Ordinance
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Laid the basis for the organization of new territorial
governments.
Developed a precedent for the method of admitting new
states to the union
Also had a provision that outlawed slavery
Weaknesses of the
Articles of Confederation
1. Lack of Power and Money
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Congress had no power to collect taxes
No power to regulate trade
No power to enforce its laws
2. Lack of Central Power
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No single leader or group directed govt. policy
No national court system existed
3. Rules too Rigid
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Congress could not pass laws without the approval of 9
states
The articles could not be changed without the agreement
of all 13 states.
Road to the Constitution
 Philadelphia Convention
 Clear that the national govt. needed more
power
 Each state was asked to send a delegate to
the convention in Philadelphia
 Came to be called the CONSTITUTIONAL
CONVENTION
(only Rhode Island
opposed a stronger central govt. and did not
send a representative)
Constitutional Convention
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Met in Independence Hall May 25, 1787
55 delegates
Oldest delegate Benjamin Franklin
2 delegates later become American Presidents
(George Washington and James Madison)
19 U.S. senators
13 served in the House of Representatives
4 became federal judges
4 became Supreme Court justices
Key Decisions
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Each state had 1 vote
Simple majority would decide the issues
Public not allowed to attend
Revising the article of Confederation
Decided to create a new constitution
instead of revise the Articles of
Confederation.
Plans for a New
Government
1. The Virginia Plan
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Described a federal govt. similar to today.
 A president, courts, and a congress with
2 houses
 Based on state populations. Larger
states would have more votes than
smaller states.
 Smaller states did not like this plan
because larger states would dominate
the govt.
Plans for a New
Government
2. The New Jersey Plan
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Proposed by the smaller states
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Similar to the Articles of Confederation
1 house congress with each state having =
representation.
Congress could set taxes and regulate trade
Larger states would not accept this plan
Plans for a New
Government
3. The Great Compromise (also known
as the Connecticut Compromise)
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Congress have 2 houses a senate and
House of Representatives
Each state = representation in the senate
In the house representation based on
population
No one was completely happy with this
solution but agreed to it.
Plans for a New
Government
4. The Three-Fifths Compromise
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Southern states wanted to count their
slaves as part of their populations to
increase voting power in the House of
Representatives.
Northern state opposed the idea
Argued that if they (the slaves) were not
allowed to vote or participate in govt. they
should not be used to give the Southern
states more power in Congress
Delegates agreed to the 3/5ths compromise
which allowed that for every five slaves
would count as 3 free persons.
Plans for a New
Government
5. Other Compromises
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Trade – northern states felt that Congress should have
the power to regulate both foreign trade and trade
between the states.
Southern states feared this because the slave trade was
vital to their economic interests. Both parties
compromised.
Southern states agreed that Congress could regulate
foreign trade and state trade but could not tax exports
and could not interfere with the slave trade before 1808
Developed the Electoral College ( a group of people
named by each state legislature to select the President
and Vice President.)
Still used today with the exception that the voters in each
state, not the legislature, now choose electors.
Federalists vs. AntiFederalists
 Federalists
 For ratification
 Chose this name because it represented a form of
govt. in which power is divided between the federal,
or national government and the states.
 Wanted to convince the American people that the new
constitution was in the best interest of the U.S.
 Reminded them of the flaws of the Articles of
Confederation.
 They claimed that only a strong central govt. could protect
the new nation from enemies abroad and solve the
countries internal problems.
Federalists vs. AntiFederalists
 The Federalist, a series of essays written
by Alexander Hamilton, James Madison,
and John Jay defended the new
constitution.
Federalists vs. AntiFederalists
 Anti-Federalist
 Those who opposed the constitution
 Main argument was that the new constitution would take
away the liberties Americans had fought to win from Great
Britain.
 Believed it would create a strong national govt. that would
ignore the will of the states and the people.
 Only favor the wealthy few over the common people.
 Strongest criticism was the lack of a bill of rights that would
protect individual freedoms
 Several state conventions decided they would not ratify the
new constitution unless a bill of rights was added to it.
Cont.
 Federalist agreed with the anti-federalist
and promised to adopt a bill of rights if
they would ratify the new constitution.
 June 21, 1788 the constitution took effect
The Sections of the
Constitution
3 sections of
the Constitution
Preamble
The Articles
Amendments
Preamble
 “We the people of the United States
… do ordain and establish this
Constitution for the United States of
America.”
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These chosen words make it clear that the power of the government
comes from the people.
6 Purposes of the
Government
(middle of the Preamble)
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5.
6.
“To form a more perfect Union”- to unite the states so that they
can operate as a single nation for the good of all
“To establish Justice”- to make certain that all citizens are
treated equally
“To insure domestic Tranquility”- maintain peace and order,
keeping citizens and their property safe from harm
“To provide for the common Defense”- to be ready militarily to
protect the country and its citizens from attack.
“To promote the general Welfare”- to help people live happy
and prosperous lives.
“To secure the blessing of Liberty to ourselves and our
Posterity”- to guarantee the basic rights of all Americans,
including future generations (posterity)
The Articles
 There are seven articles that follow the
preamble.
 Roman Numerals I thru VII
 First 3 articles describe the
responsibilities of each branch of the
government
Article I
 Lawmaking powers of the Legislative Branch
(Congress)
 Congress made up of the 2 branches, Senate
and House of Representatives, and will have
all lawmaking authority
 The article then describes how each member
of each house will be chosen and what rules
they must follow in making laws
 There are 10 subsections to article one. They
are as follows
Article I Section I
 All legislative powers herein granted shall
be vested in a Congress of the United
States, and will consist of a Senate and a
House of Representatives
Article 1 Section 2
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5.
The House of Representatives shal be composed of members
chosen every 2 years by the people of the several states, the
electors in each state shall have qualifications requisite for
electors of the most numerous Branch of the state legislature.
Must be at least 25 years old and a citizen of the U.S. for at
least 7 years. Must be a citizen/live in the state.
Representatives and direct taxation shall be apportioned
among the states included in the union, according to their
respective numbers. # of representatives shall not exceed 1 for
every 30,000, but each state shall have at least one
Representative
When vacancies become open in the representation from any
state, the executive authority shall issue Writs of elections to fill
the vacancies
The House of Representatives shall chose their Speaker and
other Officers: and have the sole power of Impeachment
Article I Section 3
1. Senate of U.S. shall be composed of two
Senators per State, chosen by the
Legislature thereof, for six years; Each
Senator shall have 1 vote
2. They will immediately assemble after the 1st
election and divided equally into 3 classes.
The seats of the first class Senators shall be
vacated at the end of the second year, the
second class at the expiration of the 4th year,
and the third Class at the expiration of the 6th
year. This will allow 1/3 to be chosen every
second year
Article I section 4
1. The Times, Places, and Manner of holding
Elections for Senators and Representatives,
shall be prescribed in each state by the
legislature thereof; but the Congress may at
any time by LAW make or alter such
Regulations, except as to the Places of
choosing Senators
2. The Congress shall assemble at least once in
every year
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The meeting shall be on the first Monday in December,
unless they shall by law appoint a different Day
Article I section 5
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3.
4.
Each House shall be the Judge of the Elections,
Returns and Qualifications of its own members, and
a majority shall constitute a Quorom to do business
Each house will determine the Rules of its
proceedings. Punish members and with a 2/3
majority expel a member
Each will keep a journal of its proceedings and from
time to time publish them.
Neither House may adjourn for more than 3 days
without the consent of the other House during the
Session of Congress
Article I section 6
1. Senators and Representatives shall receive
compensation for their services to be
determined by law and paid by the treasury of
the U.S. They shall in all cases be privileged
from arrest during their attendance at
Session. Exceptions would be treason,
felony, or breach of the peace
2. No Senator or Representative shall, during
their time for which they were elected, be
appointed to any Civil Office under the
authority of the U.S.
Article I section 7
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3.
All bills for raising Revenue shall originate in the House of Reps:
the Senate may make proposals or concur with Amendments as
on other Bills
Every Bill must be passed by the Senate and the House of
Reps before it becomes a law. It will then be presented to the
United States President, if he approves it he will sign it, if he
objects to it he will send it with his objections to the House that
presented it. After consideration if 2/3rds still approve it, it will
be sent to the other house with the objections for consideration.
If this House approves it by 2/3rd’s vote it becomes law.
Every order, Resolution, or Vote to which the Concurrence of
the Senate and House of Representatives shall be presented to
the President of the U.S. before it can take effect
Article I section 8
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5.
Congress has the power to lay and collect Taxes, Duties,
Imposts and Exercises, to pay the Debts and provide for the
common Defence and general Welfare of the U.S. But all
Duties, Imposts and Excerises shall be uniform throughout the
United States
Borrow $ on the credit of the U.S.
To regulate commerce with foreign Nations, and among the
several states, and with the Indian Tribes
Establish an uniform Rule on Naturalization, and uniform Laws
on the subject of Bankruptcies throughout the U.S.
Coin $, regulate the value thereof, and of foreign Coin, and fix
the Standard of Weights and /measures
Article 1 section 8 cont.
6.
To provide for the punishment of counterfeiting the
Securities and current Coin of the U.S.
7. Establish post offices and post roads
8. To promote the progress of Science and useful arts,
by securing for limited times to Authors and Inventors
the exclusive Rights to their respective Writings and
Discoveries
9. To constitute tribunals inferior to the supreme Court
10. To define and punish piracies on the high seas, and
offences against the Law of Nations
Article 1 section 8 cont.
11. To declare War, grant letters of Marque and
Reprisals, and make rules concerning Captures on
Land and Water
12. Raise and support armies, but no appropriation of
money to that use shall be for a longer term than 2
yrs.
13. To provide and maintain a Navy
14. To make rules for the government and regulations of
the land and naval forces
15. To provide for the calling forth the Militia to execute
the Laws of the Union, suppress Insurrections and
repel Invasions
Article 1 section 8 cont.
16.
17.
18.
To provide for organizing, arming, and disciplining, the Militia,
and for governing such parts of them as may be employed in
the service of the U.S., reserving to the states respectively, the
appointment of the Officers, and the Authority of training the
Militia according to the discipline prescribed by Congress
Exercise exclusive Legislation in all cases whatsoever, over
such District (not exceeding 10 miles) as may, by Cession of
particular States, ands the acceptance of Congress become the
seat of the new Government of the U.S.
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
U.S., or in any Department or officer thereof.
Article I section 9
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5.
The migration or importation of such persons that states deem
proper to admit will not be limited by Congress until the year
1808. Congress can impose a tax or duty on such importation,
not to exceed $10 per person
Privilege of Habeas Corpus shall not be suspended unless
there is rebellion or invasion (a Writ of Habeas Corpus means
that a law official must show just cause for bringing a prisoner to
court or holding the prisoner
No Bill of attainder (punishing a person without a jury trial) or ex
post facto laws (laws passed after a crime has been committed.
You can’t go back and try someone after the fact) shall be
passed
No capitation, or direct, tax shall be laid
No tax or duty can be placed on articles exported from any state
Article I section 9 Cont.
6. No preference shall be given to one state
over another in regard to ports and what
ships port there
7. No money can be drawn from the treasury
unless duly apportioned by the law
8. No title of nobility shall be granted to anyone
in the U.S. or be allowed to be bestowed
upon anyone holding office in the U.S. This
includes titles, presents, offices, unless
approved by Congress
Article I Section 10
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2.
3.
No state can have treaties, confederations, or
alliances, grant titles of Marque, use Bill of Attainer,
ex post facto laws or create noble titles, or make
money
No state can impose taxes or duties on imports
without the consent of Congress. All money
collected will belong to the Treasury of the U. S.
No state can, without the consent of Congress, lay
duties on tonnage, keep troops, or ships of war in
times of peace. Cannot make arrangements with
other states or foreign powers or engage in war
unless they are invaded or in imminent danger that a
delay would cause them harm.
Article II
 Deals with the executive branch, or lawenforcing branch of the government headed by
a president and vice president.
 This article explains how these leaders are to
be elected and how they can be removed from
office.
 It lists the president’s powers including the
power to command the armed forces and make
treaties with other nations
Article II
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The Constitution only lists 3
qualifications for someone to become
President of the United States
1. Be at least 35 years of age
2. A native-born American citizen
3. Be a resident of the U.S. for at least 14
years
Article III
 The Judicial Branch
 This is the part of the govt. that interprets
the law.
 One Supreme Court and such lower
courts as deemed appropriate by
Congress
 Lists the powers of the federal courts and
the types of cases they may hear
Article IV
 This article explains the relationship
between the federal and state
governments
Article V
 Specifies under what conditions the
Constitution can be changed
 Amendments can be made when 2/3rd’s
of both houses deem it necessary
Article VI
 This article contains a key statement that
declares the Constitution as the
“Supreme law of the land”
Article VII
 This article talked about practical
matters such as when the constitution
would take effect (when 9 states ratified
it).