Transcript Hogan - bYTEBoss

VUS 5
FIRST GOVERNMENTS
Articles of Confederation
United States Constitution
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**VOCABULARY
 CONFEDERATION- SHARED POWER
 REPUBLIC- RULE BY ELECTED OFFICIALS
 NATIONAL(FEDERAL OR CENTRAL)-
CONCERNED WITH THE ENTIRE NATION OR
COUNTRY
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NEW COUNTRY-NEW GOVERNMENT
AOC-Articles of Confederation
 The Founding Fathers feared too powerful a
central government (like Britain’s)
 they created the ARTICLES OF
CONFEDERATION
 This is the FIRST FORM OF
NATIONAL GOVERNMENT in the
new USA.
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***AOC-POWERSWhat it could and did do
 BORROW MONEY
 DECLARE WAR
 MAKE PEACE
 SIGN TREATIES
 SET STANDARDS WEIGHTS/MEASURES
 POSTAL SERVICE
 DEAL WITH NATIVE AMERICAN ISSUES
 DEALT WITH WESTERN LAND CONTROVERSIES
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***WEAKNESSES OF AOC
 Provided for a weak national
government.
 Gave Congress no power to tax or
regulate commerce among the states.
 Provided for no common currency.
 Gave each state one vote regardless of
size in the Continental Congress.
 Provided for no executive or judicial
branch.
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***Reason for Constitutional Convention
Shays’ Rebellion 1786
 Small farmer (Daniel Shays) in MA.,
upset over losing land because they
(the farmers) couldn’t pay debts. He
and other farmers started a rebellion
and there was no federal force to stop
it.
 Showed government was too weak to
deal with problems.
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SHAYS’ REBELLION
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***Constitutional Convention
CONVENTION MEETS IN
Philadelphia in May 1787 to
amend (fix) the AOC
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***Constitutional Convention
Key Leaders
 George Washington
 President of the
Convention
 Washington presided
over the Conventionalthough seldom
participating-lent
much prestige
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***Constitutional Convention
James Madison
 “Father of the
Constitution”
 A Virginian and a
brilliant political
philosopher, often
led the debate.
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***James Madison
 Wrote the “Virginia
Plan” which proposes a
federal government of
three separate branches:
legislative, executive, and
judicial.
 The Virginia Plan
became the foundation
for the structure of the
new government.
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***James Madison
 “Kept detailed notes
of the proceedingsthe best record we
have of the
Convention.
 Later he authored
much of the Bill of
Rights.
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***Great Compromise
Creates current Congress
SENATE
HOUSE OF
REPRESENTATIVES
EACH STATE
2 SENATORS
MEMBERSHIP
BASED ON
POPULATION
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***COMPROMISES
 2 Key Compromises
1) Great Compromise created a 2 house
Congress by Roger Sherman
 Senate- equal representation from
each state
*Senators were appointed-not elected
 House of Representatives-based on
population
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***Compromises
 2 Key Compromises
2) Three Fifth’s Compromise- counted
3/5s of a state’s slave population for
determining representation in the
lower house (House of
Representatives). South agrees to stop
participating in the transatlantic slave
trade by 1808.
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**STRUCTURE
FEDERAL GOVERNMENT-DEFINED
 Constitution makes Federal (national) law
the supreme law of the land when
constitutional, but otherwise gave the states
some leeway to govern themselves.
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THE CONSTITUTION
9/17/1787
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***STRUCTURE
Limiting powers of Government
1)Avoided a too-powerful central government
by establishing three branches with
numerous checks and balances
2)Limited the powers of the federal
government to those identified in the
Constitution.
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Branches of
Government
Legislative
Judicial
Executive
Congress
Make laws
Courts/Supreme Court
Interpret laws
President
Enforce laws
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** STRUCTURE
 THE STRUCTURE OF THE GOVERNMENT IS
IN ARTICLES 1-7
 ALLOWS FOR THE AMENDMENT
PROCESS FOR FUTURE PROBLEMS
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STRUCTURE
ELECTORAL COLLEGE
 GROUP SELECTED BY THE STATES TO
SELECT PRESIDENT AND VICEPRESIDENT.
 THE STATES NUMBER OF ELECTORS
EQUAL NUMBER OF SENATORS AND
REPRESENTATIVES IN CONGRESS
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**STRUCTURE
 Article VI states the highest authority
resides in this Constitution.
 Article VII stated that it would go into
effect if 9 states ratified it.
 The only crime specified in the Constitution
is treason-because it is act against the
government.
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FEDERALISTS AND ANTI-FEDERALISTS
THE DEBATE BEGINS
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***FEDERALISTS- for the Ratification of the
Constitution (stronger national govt’s)
Federalist position- (pro-ratification)
 Advocated (favored) a strong (central)
government, especially to promote economic
development and public improvements. Richer
folks - aristocrats
 Today, those who see a primary role for the federal
government in solving national problems are heirs
to this tradition.
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***Famous Federalists
GEORGE WASHINGTON
JAMES MADISON (later switches –
Democratic-Republicans)
ALEXANDER HAMILTON
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George Washington
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JAMES MADISON
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Alexander Hamilton
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**FEDERALIST PAPERS
 SERIES OF ESSAYS WRITTEN BY
ALEXANDER HAMILTON, JAMES MADISON,
AND JOHN JAY TO CONVINCE THE
PUBLIC OF THE NECESSITY OF
RATIFYING THE CONSTITUTION.
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***Anti-federalists – stronger state
governments, weaker central government
Anti-Federalists feared an overly powerful central government
destructive of the rights of individuals and the special
power of the states. Typically, the Anti-feds favored the
farmer over the merchant or the manufacturer.
Today, those who favor less big government control and
more individual choice are considered moderate to
conservative on the political spectrum.
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***Anti-Federalists position
(against ratification)
 Anti-feds refused to ratify the
constitution without a bill of
rights.
 Forced the Federalists to pledge
that a Bill of Rights would be
the first order of business of the
new government established by
the Constitution.
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***Famous Anti-Federalists
PATRICK HENRY
GEORGE MASON
THOMAS JEFFERSON
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PATRICK HENRY
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GEORGE MASON
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THOMAS JEFFERSON
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***Bill of Rights
 This is called the Bill Of Rights
Compromise-added in 1791
 First 10 amendments of the
Constitution
 Written by James Madison
 he consulted the Virginia
Declaration of Rights(George
Mason) and the Virginia Statute for
Religious Freedom (Thomas
Jefferson) when drafting Bill of
Rights.
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***Documents used to write the Bill of
Rights
 Virginia Declaration of Rights
 Written by George Mason and
adopted by the General Assembly of
Virginia in 1776
 Reiterated the notion that basic
human rights should not be
violated by governments.
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***Documents used to write the Bill of
Rights
 Virginia Statute for Religious
Freedom
 Written by Thomas Jefferson and
adopted by theVirginia General
Assembly in 1786.
 It says….
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Virginia Statute for Religious
Freedom, 1786. T. Jefferson
 II. Be it enacted by the General Assembly, that no man shall
be compelled to frequent or support any religious worship,
place, or ministry whatsoever, nor shall be enforced,
restrained, molested, or burthened in his body or goods, nor
shall otherwise suffer on account of his religious opinions or
belief; but that all men shall be free to profess, and by
argument to maintain, their opinion in matters of religion,
and that the same shall in no wise diminish, enlarge, or affect
their civil capacities.
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***BILL OF RIGHTS
VIRGINIA
DECLARATIO
N OF
RIGHTSGeorge Mason
VA STATUTE
FOR
RELIGIOUS
FREEDOMT.Jefferson
1786
BILL OF
RIGHTS
James
Madison
1791
1776
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VIRGINIA DECLARATION OF RIGHTS
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VA. STATUTE FOR RELIGIOUS FREEDOM
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CHIEF JUSTICE JOHN MARSHALL’S ROLE IN
THE SUPREME COURT
 Chief Justice of the Supreme Court, John Marshall of
Virginia, strengthened the role of the United States
Supreme court as an equal branch of the national
government.
 John Marshall, and most other Federalists, were LOOSE
CONSTRUCTIONALISTS
 Thomas Jefferson and most Democratic-Republicans
(the old anti-federalists) were STRICT
CONSTRUCTIONALISTS.
 See Article 1, Section 8 of the US Constitution
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CHIEF JUSTICE JOHN MARSHALL’S ROLE IN
THE SUPREME COURT
 Marbury v. Madison (1803)
 In the weeks after John Adams lost his bid for reelection to Thomas Jefferson in
1800, the Federalist Congress increased the number of circuit courts. Adams
placed Federalist judges in these new positions. Since several of these
'Midnight' appointments were not delivered before Jefferson took office,
he immediately stopped their delivery. One of the justices of the peace, William
Marbury, filed a writ of mandamus demanding Secretary of State James
Madison deliver the appointments. The Supreme Court led by John Marshall
denied the request citing part of the Judiciary Act of 1789 as unconstitutional.
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Significance of Marbury v. Madison
(1803)
 This historic court case established the concept of JUDICIAL
REVIEW, or the ability of the Judiciary Branch to declare a law
unconstitutional. This case brought the Judicial Branch of the
government on a more even power basis with the Legislative and
Executive Branches. The Founding Fathers expected the branches
of government to act as checks and balances on each other. The
historic court case Marbury v. Madison accomplished this end
thereby setting the precedent for numerous historic decisions in
the future.
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 Marshall’s decisions strengthened the power of federal
government by claiming that the Supreme Court had the
authority to decide questions of constitutionality of
federal laws… not the states.
 States could no longer ignore act of Congress
 States could not declare an act of Congress “null and void.”
Well…. at least they weren’t supposed to.
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McCulloch v. Maryland (1819)
 Among the States unhappy with the establishment of the Second Bank of the United
States was Maryland. In those days, before the establishment of a single form of paper
currency, local banks not only made loans but issued their own bank notes to serve as
daily-use currency, instead of gold and silver coins. These banks enjoyed the lack of
federal regulation and often pursued speculative policies. The Second Bank of the United
States was authorized to regulate the issuance of currency by local banks, and followed a
more cautious fiscal policy. Local banks thus looked to their State legislatures to restrict
the Bank of the United States' operation.
 The Maryland legislature responded to this action by levying a tax on all branches of
banks “not chartered by the legislature”—a move aimed at destroying the Baltimore
branch of the Bank of the United States. When called upon to pay the $15,000 annual
tax, James McCulloch, cashier of the Baltimore branch, refused. McCulloch was
convicted by a Maryland court and fined $2,500. He appealed the decision to the
Maryland Court of Appeals, and, failing there, to the U.S. Supreme Court.

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CHIEF JUSTICE JOHN MARSHALL’S ROLE IN
THE SUPREME COURT
 McCulloch v. Maryland (1819)- “implied powers”
 Significance: The ruling established the principle of implied powers
through a broad interpretation of the U.S. Constitution, giving Congress
an expanded role in governing the nation. The decision also reinforced the
supremacy of federal law over state law when the two conflict. The landmark
ruling became the basis for key Court decisions throughout the nineteenth
and twentieth centuries supporting congressional activities.
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CHIEF JUSTICE JOHN MARSHALL’S ROLE IN
THE SUPREME COURT
 Facts of Gibbons v. Ogden (1824):
 The state of New York gave an exclusive license to Aaron Odgen to operate a
steamboat to carry passengers from New York to New Jersey. However, the
federal government gave Thomas Gibbons a license for the same route. Aaron
Odgen sued and won in New York court. Thomas Gibbons took the case to the
Supreme Court where they overturned the decision.
 Significance of Gibbons v. Ogden:
 This decision provided the federal government with the ability to regulate
interstate commerce. Additionally, the case added weight to the authority of the
federal government over state's rights. Also, this ruling was used as a basis for
the Civil Rights Act of 1964.
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***United States Government
CONSTITUTIONAL REPUBLIC
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CLOSING THOUGHTS
 THE CONSTITUTION OF THE U.S.
ESTABLISHED A FEDERAL SYSTEM OF
GOVERNMENT THAT SHARED POWER BETWEEN
THE NATIONAL, STATE, AND LOCAL GOVERNMENTS.
IT PROTECTED THE RIGHTS OF THE STATES,
AND PROVIDED A SYSTEM OF ORDERLY
CHANGE THROUGH AMENDMENTS TO THE
CONSTITUTION ITSELF.
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Date Quiz #3
Spanish settlers establish St. Augustine
2.
English colonists establish the Roanoke colony
3.
Starving time
4.
Pequot War
5.
England takes New Amsterdam from the Dutch. Becomes NY city.
6.
First Africans at Jamestown
7.
English Puritans establish MBC
8.
King Philip’s War
9.
English Separatists establish the Plymouth colony.
10. Jamestown
11. British troops occupy Boston, kill eight and wound four American civilians in
the Boston Massacre.
1.
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12. Treaty of Paris official ends the Revolutionary War.
13. Thomas Paine’s Common Sense urges Americans to declare independence.
14. U.S forges treaty of Alliance with France
15. Articles of Confederation ratified
16. Declaration of Independence adopted.
17. Shay’s Rebellion
18. Battles of Lexington and Concord
19. Boston Tea Party in response to the Tea Act.
20. British General Cornwallis surrenders at Yorktown.
21. First Continental Congress meets in response to the Coercive (Intolerable)
Acts.
22. Second Continental Congress meets after the start of the war, acts as
provisional congress until ratification of the federal constitution.
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VOCAB AND ESSAY
 Manifest Destiny
 Democratic-Republicans
 Impressment
 Election of 1800
 Monroe Doctrine
 Eli Whitney
 Trial of Tears
 Gadsden Purchase
Based on competing political
interests of the late 1700s and early
1800s, differing regional economic
interests, important Supreme Court
decisions (Marbury v. Madison,
McCulloch v. Maryland, Gibbons v.
Ogden, Dred Scott) and the idea of
nullification, was the Civil War
inevitable? Why or why not? Explain.
 Know-Nothing Party
 Dred Scott Case
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