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Werberger, IB Americas Constitution Test Name: Document Packet Doc. A: excerpt from Articles of Confederation and Perpetual Union, 1781 "The United States in Congress assembled, shall have the sole and exclusive right and power of determining on peace and war…. The United States in Congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting or that hereafter may arise between two or more States concerning boundary, jurisdiction or any other causes whatever; which authority shall always be exercised in the manner following... The United States in Congress assembled shall never engage in a war, nor reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expenses necessary for the defense and welfare of the United States, or any of them, nor emit bills, nor borrow money on the credit of the United States, nor appropriate money, nor agree upon the number of vessels of war, to be built or purchased, or the number of land or sea forces to be raised, nor appoint a commander in chief of the army or navy, unless nine States assent to the same." Doc. B: General Henry Knox was a prosperous Boston bookseller who had served Washington during the Revolution and had concluded by 1786 that the confederation was too weak and flawed to provide the kind of government needed by the United States. When Knox learned of Shay’s Rebellion, he immediately wrote of his concerns to his old commander. ____________________ "I have lately been far eastward of Boston on private business, and was no sooner returned here than the commotions in Massachusetts [Shay’s Rebellion] hurried me back to Boston on a public account. Our political machine, composed of thirteen independent sovereignties, have been perpetually operating against each other and against the federal head since the peace (end of the Revolution). The powers of Congress are totally inadequate to preserve the balance between the respective States, and oblige them to do those things which are essential for their own welfare or for the general good. The frame of mind of the local legislatures seems to be exerted to prevent the federal constitution from having any good effect. The machine works inversely to the public good in all its parts: not only is State against State, and all against the federal head, but the States within themselves (do not possess)...the power of preserving the peace, (or) the protection of the liberty and property of the citizens.... This dreadful situation, for which our government have made no adequate provision, has alarmed every man of principle and property in New England....Something is wanting, and something must be done, or we shall be involved in all the horror of failure, and civil war without a prospect of its termination. Every friend to the liberty of his country is bound to reflect, and step forward to prevent the dreadful consequences which shall result from a government of events. Unless this is done, we shall be liable to be ruled by an arbitrary and capricious armed tyranny, whose word and will must be law." Doc C: from James Madison, Federalist 51, 1787 But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government… you must first enable the government to control the governed; and in the next place oblige it to control itself. ….Second. It is of great importance in a republic not only to guard the society against the oppression of its rulers, but to guard one part of the society against the injustice of the other part. Different interests necessarily exist in different classes of citizens. If a majority be united by a common interest, the rights of the minority will be insecure. In the federal republic of the United States, society itself will be broken into so many parts, interests, and classes of citizens, that the rights of individuals, or of the minority, will be in little danger from interested combinations of the majority. This view of the subject must particularly recommend a proper federal system to all the sincere and considerate friends of republican government, since it shows that in exact proportion as the territory of the Union may be formed into more circumscribed Confederacies, or States oppressive combinations of a majority will be facilitated: the best security, under the republican forms, for the rights of every class of citizens, will be diminished: and consequently the stability and independence of some member of the government, the only other security, must be proportionately increased.…In a society under the forms of which the stronger faction can readily unite and oppress the weaker, anarchy may as truly be said to reign as in a state of nature, where the weaker individual is not secured against the violence of the stronger; and as, in the latter state, even the stronger individuals are prompted, by the uncertainty of their condition, to submit to a government which may protect the weak as well as themselves; so, in the former state, will the more powerful factions or parties be gradually induced, by a like motive, to wish for a government which will protect all parties, the weaker as well as the more powerful. Doc D: Excerpts from the US Constitution Section VIII. Powers Granted to Congress Congress possesses certain enumerated powers: 1. Congress may lay and collect taxes. The Congress shall have power to lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and general welfare of the United States… 2. Congress may borrow money. To borrow money on the credit of the United States; 3. Commerce with foreign nations, and among the several States, and with the Indian tribes… 9. Congress may establish inferior courts. To constitute tribunals to the Supreme Court… 11. Congress may declare war, may authorize privateering… 12. Congress may maintain an army… 17. Congress makes laws for the District of Columbia and other federal areas… Section X. Powers Denied to the States Absolute prohibitions on the states: 1. The States forbidden certain powers. No State shall enter into any treaty, alliance, or confederation… emit bills of credit (issue paper money); make anything but gold and silver coin (legal) tender to payment of debts… 2. The states not to levy duties without the consent of Congress… 3. Other federal powers forbidden the states. No State shall, without the consent of Congress, lay any duty of tonnage (i.e. duty on ship tonnage), keep (nonmilitia) troops or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. Doc E: Excerpts from the US Constitution First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. …. Ninth Amendment. Any rights not specifically mentioned in the Constitution are also guaranteed against government infringement. Tenth Amendment. All powers not delegated to the federal government belong to the states or to the people.