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US Government after the Revolutionary War During the Constitutional Era, the Americans made two attempts to establish a workable government based on republican principles. Articles of Confederation First attempt at an independent government after the Revolutionary War. They were adopted by American political leaders at the end of the War because they were fearful of a powerful central government like England’s government. It provided for a weak national government; it gave congress no power to tax or regulate commerce among the states. Provided for no common currency; it gave each state one vote regardless of size and didn’t provide for an executive or judicial branch. Shays Rebellion in Massachusetts (1786-1787) exploited weaknesses in the Articles of Confederation. Angry farmers rebelled at laws that taxed and took lands. When the government could not stop the rebellion, it motivated the founding fathers to reevaluate the Articles of Confederation. Adopting the Constitution The Constitution established a government that shared powers between the national and state governments. This is called federalism. It made federal law the supreme law of the land, but gave the states leeway to govern themselves. It protected the rights of the states. It provided a system of orderly change through amendments to the Constitution. It balanced power between large and small states by creating a Senate (where each state gets two senators) and a House of Representatives (with membership based on population). The establishment of the two house (bicameral) legislature was called the Great Compromise. The Electoral College: Method of selecting the President. The Electoral College gives each state a number of votes based on population. Candidates try to win states rather than individual votes (popular votes). For the purpose of representation in the House of Representatives, slaves were counted as three-fifths of their actual population in the South. This formula was used for Southern representation and taxation. This was called the Three-FifthsCompromise. The central government was kept in balance by having three coequal branches (legislative, executive, and judicial) with numerous checks and balances. This separation of powers keeps the federal government from becoming too powerful. They are all kept in check by a system of Checks and Balances. Under Supreme Court Justice John Marshall (from Virginia), important legal precedents established the Supreme Court as an equal branch of the national government. Marbury v. Madison: Set fourth the doctrine of judicial review. McCulloch v. Maryland: Set fourth the doctrine of implied powers. Implied powers are defined as powers in government that are not specifically granted by the Constitution but are needed for the success of the government. Gibbons v. Ogden: Created a broadly national view of economic affairs. These court cases are the foundation blocks of the Court’s authority to mediate between branches of governments, levels of government, and competing business interests. Key Players and Documents in Drafting The Constitution James Madison: Known as “Father of the Constitution.” Considered to be a brilliant political philosopher from Virginia. He often led the debates and kept detailed notes which are the best recorded that historians have of what happened at the Constitutional Convention. Madison authored the “Virginia Plan,” which proposed a federal government of three separate branches (legislative, executive, judicial) and became the foundation for the structure of the new government. This created a system of Checks and Balances which were used to prevent tyranny in the government. After the Constitution was ratified (approved), James Madison authored much of the Bill of Rights, using ideas from the Virginia Declaration of Rights and the Virginia Statue for Religious Freedom. The Constitution established a separation of church and state which is an idea established by the Virginia Statute for Religious Freedom. It abolished an Established Church, a church supported by government taxes. George Washington: Washington was the chairman of the Constitutional Convention who presided over the meeting, although he seldom participated into the debate. He brought great prestige to the proceedings. Bill of Rights: James Madison consulted the Virginia Declaration of Rights and Virginia Statue for Religious Freedom when drafting the amendments that became the United States Bill of Rights. Virginia Statute for Religious Freedom: Was written by Thomas Jefferson (Right) and outlawed government support of one favored church. Virginia Declaration of Rights: Was written by George Mason and stated that human rights should not be violated by governments. The Federalist Papers: Written to support adoption of the Constitution. The Federalist Papers were written and published during the years 1787 and 1788 in several New York State newspapers to persuade New York voters to ratify the proposed constitution. In total, the Federalist Papers consist of 85 essays outlining how this new government would operate and why this type of government was the best choice for the United States of America. They were written by James Madison, Alexander Hamilton, and John Jay. Federalists vs. Anti Federalists Different people and factions (groups) argued for different views on how the Constitution should be. Debates over it developed into political parties. Federalists Position (Pro-ratification): In Virginia, they were led by George Washington and James Madison and they favored a strong national government that shared some power with the states. They felt that a strong government could promote economic development and public improvements. They believed that a strong national government was needed to facilitate interstate commerce and manage foreign trade, national defense, and foreign relations. Today, those who see a primary role for the federal government in solving national problems are heirs to this tradition. (The Left) Federalists argued that the checks and balances in the Constitution prevented any of the three branches from acquiring too much power. They also argued that a republic could survive in the U.S. because many political factions would check each other, preventing one faction from gaining too much power. Federalists argued that a national Bill of Rights would be redundant because the Constitution protected basic rights and most states already had bills of rights that the government could not abolish. Anti-Federalist Position (anti-ratification): In Virginia, they were led by George Mason and Patrick Henry and they believed a strong national government would be destructive to individual rights. To the Anti-Federalists, a strong national government would concentrate too much power at the national level and too little at the state and local levels. Believed a national Bill of Rights was necessary and forced the Federalists to pledge that a Bill of Rights would be the first order of business of the new government. Today, more conservative thinkers echo theses concerns and champion liberty, individual initiative, and free markets. (The Right)