Download Weaknesses of Articles of Confederation

Historic documents and people that shaped American Government
1. Magna Carta: Signed by the English king in 1215, it granted certain rights to the people.
2. English Bill of Rights (1689) expanded civil liberties and individual freedoms, and
heavily influenced English colonists when setting up civil government in America.
3. John Locke: English philosopher who wrote extensively on theories of government, in
particular the Social Contract. He believed that if a government did not protect life,
liberty and property, the people under that government had the right to alter or abolish it
and form a new government that would be more protective. Jefferson borrowed
extensively from Locke when writing the Declaration of Independence.
4. Jacques Rousseau was a French philosopher whose views were similar to Locke’s and
was also an important influence on the Founders.
5. Montesquieu, also French, proposed a three-branch government in his book “The Spirit
of Laws,” written in 1748. This format was eventually adopted by the Framers for our
system of government.
Weaknesses of Articles of Confederation
1. Congress did not have the power to levy or collect taxes.
2. Congress did not have the power to regulate trade.
3. Congress did not have power to enforce laws.
4. Laws needed the approval of 9 of 13 states – very difficult to do.
5. Amending the Articles too a unanimous vote of all states.
6. No executive branch.
7. No national court system.
Shays’s Rebellion proved to be the “final straw” that proved to many leaders the Articles would
not work. A Convention was called to make revisions in the Articles, but resulted in an entirely
new plan.
Two plans for government presented at the Convention:
 New Jersey Plan: Keep major features of the Articles
--Unicameral legislature
--One vote in Congress for each state
--Congress given power to raise taxes and regulate trade
--A weak executive branch composed of more than one person, chosen by Congress
--National judiciary chosen by the executive

Virginia Plan
--Strong national legislature with two chambers
--A strong national executive chosen by the national legislature
--A national judiciary appointed by the legislature

Virginia Plan becomes basis for the new government, but with modifications
--Connecticut Compromise established the Congress and finalized how the states would
be represented in Congress
--House of Representatives: States represented based on population
--Senate: States represented equally with two members from each state

Two views on the Constitution
--Federalists: Advocated a strong national government with less power/authority for
states
--Anti-Federalists: Advocated a weaker national government with more power/authority
for the states

Structure of the Constitution
--Preamble: 6 purposes of the government
--Seven Articles (divided into sections and clauses)
--27 Amendments

Major Principles of the Constitution
--Popular Sovereignty: Rule by the people
--Federalism: Power is divided between two levels of government, the national and state
--Separation of Powers: Each of the three branches has its own responsibilities and
powers, but no one branch is completely dominant over the other two
--Checks and Balances: Each branch of government exercises some control over the other
two
--Limited Government: The Constitution limits the actions by the government by strictly
limiting the specific powers it has and does not have, and reserving other powers for the
states and the people.

Amending the Constitution
--Proposing amendments, 2 methods
1. Two-thirds vote of each house in Congress
2. National convention called by Congress at request of two-thirds of states
--Ratifying amendments, 2 methods
1. Legislatures of three-fourths of states ratify (approve) the amendment
2. Each state calls a special convention to ratify, by three-fourths vote

Bill of Rights: First Ten Amendments
1. Freedom of religion, speech, press, assembly, petition
2. Right to keep arms (guns)
3. No quartering of troops in a person’s home without permission
4. Search and seizure: police must have a search warrant to search your home
5. Rights of accused persons, including right to remain silent and to have an attorney
6. Right to a speedy trial
7. Right to a jury trial in civil cases
8. Rights concerning bail, fines, punishments
9. Powers reserved to the people
10. Powers reserved to the states

The Three Branches of Government set up by the Constitution
--Legislative (Article I): Writes the laws
A. Congress divided into two chambers
1. House of Representatives
a) Districts cover approximately 660,000 people
b) Elected every two years
c) 435 voting members of the House
2. Senate
a) Represents the entire state
b) Elected every six years, on staggered terms
c) 100 members (2 per state)
3. Types of Congressional Powers
a) Expressed or enumerated: Specific powers granted to Congress
in Article I, Section 8, clauses 1-18
b) Implied powers: Not specifically stated in the Constitution but
needed for Congress to carry out its expressed powers.
c) Inherent powers: Powers the government has simply because it
is the government.
--Executive (Article II): Carries out the laws written by Congress
--Consists of President, Vice President, and Executive Departments (Cabinet)
--Elected every four years, limited to two four-year terms
--Powers/duties include:
a) Commander in chief of the armed forces
b) Appoint heads of the executive departments, federal judges
c) Negotiate treaties
d) Meets with other heads of state
e) Hosts foreign officials
f) Appoints ambassadors
g) See that all laws are “faithfully executed”
h) Lawmaking power: can suggest legislation to Congress
i) Must give State of the Union address annually
Executive Offices (Cabinet), by order of creation
Department of State
Department of the Treasury
Department of Defense
Department of Justice
Department of the Interior
Department of Commerce
Department of Labor
Department of Health and Human Services
Department of Housing and Urban Development
Department of Transportation
Department of Energy
Department of Education
Department of Veterans Affairs
Department of Homeland Security
--Judicial (Article III): Basically interprets the laws passed by Congress and approved by
the President.
--Composed of the Supreme Court, the U.S. Courts of Appeals, and the U.S.
District (or trial) Courts
--Judicial review: The power of the federal courts, especially of the Supreme
Court, to declare a law or act of the President unconstitutional. A very important
power of the federal judiciary not found directly in the Constitution, but
established by the court case Marbury vs. Madison, argued before the Supreme
Court in 1803.
U.S. Supreme Court
U. S. Court of
Appeals
State Supreme
Courts
U.S. District Courts
Appellate Courts
Superior Courts
Lower Courts

Foundations of the American Judicial/Legal System
--Rule of law: Laws apply to everyone regardless of status, wealth, race, religion, etc.
--Due process: A critically important concept that states you cannot be deprived of life,
liberty or property without the government following specific steps/rules/procedures.

Important Supreme Court cases/decisions
1. McCulloch v. Maryland (1819): Allowed a broad interpretation of the so-called
implied powers given to Congress by the Constitution. Helped establish the concept
of supremacy of the national government over the states.
2. Gibbons v. Ogden (1824): Broadened the definition of “commerce” and said federal
law takes priority over state laws regarding interstate commerce.
3. Plessy v. Ferguson (1896): Upheld the concept of “separate but equal” in regards to
the races.
4. Brown v. Board of Education (1954): Separate but equal schools for whites and
blacks are unequal and therefore unconstitutional. Helped end segregation in the U.S.
5. Engel v. Vitale (1962): Basically ended public prayer in schools.
6. Gideon v. Wainwright (1963): Defendants must be provided an attorney at public
expense if they cannot afford one.
7. Miranda v. Arizona (1966): Accused persons must be informed of their rights when
arrested.
The Amendments
As you read about the amendments in the text book and/or the Constitution, circle the
correct choice from each parenthetical pair of choices in the summary below.
Amendment 1
Amendment 2
Amendment 3
Amendment 4
Amendment 5
Amendment 6
Amendment 7
Amendment 8
Amendment 9
Amendment 10
Amendment 11
Amendment 12
Amendment 13
Amendment 14
Amendment 15
Amendment 16
Amendment 17
Amendment 18
Amendment 19
Amendment 20
Amendment 21
Amendment 22
Amendment 23
Amendment 24
Amendment 25
Amendment 26
Amendment 27
establishes the people’s right to (vote/criticize the government).
maintains that states and the people have the right to have (armed
militias/legislatures).
protects people from being forced to (serve as/house) soldiers in
peacetime.
requires police to provide a (good reason/written accusation) to obtain a
search warrant.
guarantees that the government cannot take private property for its own
use without (the owner’s agreement/fair payment).
protects the rights of (crime victims/people accused of crimes).
requires that most people accused of civil crimes be given a (jury/speedy)
trial.
says that bails, fines, and punishments for crimes cannot be
(delayed/unfair or cruel).
states that people’s rights (are/are not) limited to those in the Constitution.
says that government powers not mentioned in the Constitution belong to
the (states or the people/the House of Representatives).
prohibits a citizen from one state from suing another (state/citizen) in a
federal court.
requires that electors for president and vice president clearly identify (the
party each candidates belongs to/the person they choose for each office).
forbids slavery in the (South/United States)
requires that states give all people (the right to vote/equal protection under
the law).
prohibits denying voting rights because of (sex/race).
establishes Congress’ right to pass (an income/a sales) tax.
changes the way in which (the president/U.S. senators) are elected.
establishes (prohibition/civil rights)
prohibits denying the right to vote based on (age/gender).
(shortens/lengthens) the time between elections and taking office.
repeals Amendment (17/18).
limits the (years/number) of presidential terms.
gives residents of Washington, D.C., the right to vote in
(presidential/local) elections.
forbids a tax on (voting/property).
establishes when and how the (Speaker of the House/vice president) can
take over presidential powers.
extends suffrage to (residents/citizens) who are 18 years of age.
deals with pay raises for (members of Congress/the president).
How a Bill becomes a Law
Senate
House of
Representatives
Bill introduced into
the House
Bill is introduced
into Senate
Referred to standing
committee for action
Referred to standing
committee for action
Standing committee
approves bill
Standing committee
approves bill
Rules Committee
determines when bill
taken up by full
House
House debates bill,
votes for passage
Senate debates bill,
votes for passage
House-Senate
Conference Committee
reconciles two versions
of the bill
House approves
compromise version
Senate approves
compromise version
President signs or
vetoes the bill