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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.