Articles of Confederation and the US Constitution

America’s Rulebook

Federalists vs Anti-Federalists

A new problem emerges:

So, according to Thomas Paine, government had the power to “BIND us in all cases whatsoever” and now that we have independence, Americans are left with a question:

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To what extent do we give OUR new government “power”?

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Federalists vs Anti-Federalists

When the Articles of Confederation were created (during the war), the majority of representatives at the 2^nd Continental Congress wanted the National Government (a.k.a. The Central Government or the Federal Government) to have less power.

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Their solution was to create a government that gave most of its power to the various state governments (instead of the Federal gov’t)

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Shay’s Rebellion pointed out the flaws, showed we needed a change

Federalists vs Anti-Federalists

Lines are drawn:

Those who wanted MORE power for the Federal Government were called Federalists

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Those who wanted the majority of the power to remain in the states and NOT the Federal gov’t were called Anti-Federalists

Federalists vs Anti-Federalists

Federalists

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Power for National (Federal) govt

Argued its necessary

Mostly associated with North

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Anti – Federalists

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Power should remain with states

Argued it could just replace king

Mostly associated with South

PROBLEM: States vs Federal government?

• Under Articles of Confederation:

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• Under New Constitution:

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- US Government was weak

- States had all power

• US Gov’t couldn’t
• even make taxes

- Almost got destroyed by a farmer’s rebellion

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- US Government now has power to collect taxes, raise an army and more!

- States could no longer tell the Gov’t “no” – they had to listen

- Immediately put down the Whiskey Rebellion

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Solution: The Federal System

• The U.S. Constitution took power from the States.
• Now shared between the US Government and the various States.
• Argument has ALWAYS been over “who” should have more

Problem: Representation (Republic)

Two Plans Emerge:

Virginia Plan:

The number of representatives is proportional to the states’ populations (big state=lots of representatives).

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(+) Fair and proportional division

(-) Small states will always get snubbed

New Jersey Plan:

Every state gets two votes. Period.

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(+) Every state has a voice

(-) It’s not proportional – citizens of large states get snubbed

Solution: The Great Compromise

The Great Compromise: A Bicameral (2 house) Legislature

The Great Compromise was to use BOTH.

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- Virginia Plan becomes House of Representatives (435 members split among the states according to population)

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- New Jersey Plan becomes the Senate (two votes for every state)

Problem: What counts as Population??

Solution: The ⅗ Compromise

• For the “House” it’s based on Population… more people = more power
• Southern States wanted to count slaves as people
• Northern States – “property” can’t be people
• They counted 3/5 of the

Problem: What if the National Government gets too much power? ANY branch?

Solution: The System of Checks and Balances

• “Uncle Sam” or the US Government is split into 3 different branches
• Executive (President) Legislative (Congress) and Judicial (Supreme Court)

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• Each branch has power over the other two (BALANCE of power)
• Each branch keeps the other two in “check”(Checks and Balances)

U.S. President

Enforces the Laws made by Congress

Supreme Court:

9 Members review the law and actions of the other to see if they go against the Constitution or work with it

Represents People / States

Congress = 435 Members

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Senate = 100 Members

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TOTAL = 535 People

Constitution is Ratified, buuuut….

• The states did not like that certain rights were not explicitly protected
• There was no guarantee that the National Government wouldn’t expand
• Freedom of Speech, assembly, religion, press
• Right to protect myself and my family
• Right to refuse soldiers from entering my home w/o permission

The Bill of Rights

• 1^st Amendment
• Speech, assembly, press & religion
• 2^nd Amendment
• Keep and maintain guns & a militia
• 3^rd Amendment
• No Quartering
• 4^th Amendment
• Warrants for search & seizing property

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• 5^th Amendment
• Self-incrimination, property, due process, double jeopardy
• 6^th Amendment
• Speedy/public trial, Right to a jury, call a witness, right to an attorney
• 7^th Amendment
• In civil cases, you have the right to a jury
• 8^th Amendment
• Excessive fines / Cruel or Unusual Punishment
• 9^th Amendment
• Powers Reserved to the people
• 10^th Amendment
• Powers Reserved for the States