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Topic: Historical Documents Some documents in American history have considerable importance for the development of the nation. Students use historical thinking to examine key documents which form the basis for the United States of America. Historical Document #3: The Articles of Confederation and the Constitution Content Statements: Problems facing the national government under the Articles of Confederation led to the drafting of the Constitution of the United States. The framers of the Constitution applied ideas of Enlightenment in conceiving the new government. Expectations for learning: Develop an argument that a particular provision of the Constitution of the United States would help address a problem facing the United States in the 1780’s. Explain a provision of the Constitution of the United States in terms of how it reflects Enlightenment thinking. Historical Document #3: The Articles of Confederation and the Constitution Content Elaborations: The national government, under the Articles of Confederation, faced several critical problems. Some dealt with the structure of the government itself. These problems included weak provisions for ongoing management of national affairs (a lack of a separate executive branch), a limited ability to resolve disputes arising under the Articles (a lack of a separate judicial branch) and stiff requirements for passing legislation and amending the Articles. National issues facing the government included paying the debt from the Revolutionary War, the British refusal to evacuate forts on U.S. soil, the Spanish closure of the Mississippi River to American navigation and state disputes over land and trade. Economic problems in the states led to Shays’ Rebellion. The Constitution of the United States strengthened the structure of the national government. Separate executive and judicial branches were established. More practical means of passing legislation and amending the Constitution were instituted. The new government would have the ability to address the issues facing the nation. Powers to levy taxes, raise armies and regulate commerce were given to Congress. The principle of federalism delineated the distribution of powers between the national government and the states. The Constitution of the United States was drafted using Enlightenment ideas to create a workable form of government. The Preamble and the creation of a representative government reflect the idea of the social contract. Articles I – III provide for a separation of powers in government. Article I also provides some limited protection of rights. Independence Ordinance of the United States Anti-Federalist Papers WHO WHO WHO WHO WHO WHAT WHAT WHAT WHAT WHAT WHERE WHERE WHERE WHERE WHERE WHEN WHEN WHEN WHEN WHEN WHY WHY WHY WHY WHY Who is this? Who might she have copied after? Who is this? These 3 are the judges on what show? Limited Gov. Bill of Rights Ideas from England Petition of Right Rep. Gov. 4 English Ideas Explained – 1. Limited gov. • One person does NOT have all the power • Magna Carta – 1215 England – Citizens force King John to sign – Limited power of king – Rule of law—gov leaders must act according to a set of laws – 2. Representative gov • Bicameral: Having two houses in Congress – 3. Petition of Right • 1628 • Parliament forces Charles I to sign it • Limited power of the monarch • Parliament (elected by people) had more power – 4. English Bill of Rights • Citizens rights from gov violations English Documents Explained • Magna Carta webpage • Petition of Right • English Bill of Rights Articles of Confederation Articles of Confederation Year Established • 1777 How? • All 13 states had to ratify. Done in 1781 How powerful? • Not very. Most did not want a powerful national gov Legislative Powers Limits on power • Each state had 1 legislative vote • majority rule • 9 votes needed for major decisions • Could not tax • Could not regulate trade • No executive branch • No judicial branch Articles of Confederation DID NOT WORK • Reasons: – 1. each colony was very different including issue of slavery – 2. size of new nation was large/communication was slow – 3. states did their own thing—ignored federal laws and taxes – 4. Articles of Confederation HAD NO POWER! What next? • Many felt we needed a strong federal government • Otherwise, we would have no country! • Example: Shays’s Rebellion Articles of Confederation Video (7 minutes) • Articles of Confederation video Constitutional Convention Constitutional Convention General Info • *Delegates met in Philadelphia in 1787 to revise the Articles of Confederation • *However, delegates moved quickly to form a stronger national gov. • *worked 4 months in a hot Phila summer in secrecy 8 signed Dec of Ind 7 on 1st Cont. Cong. The Delegates 7 state governors Wealthy/e ducated Key People • • • • George Washington Benjamin Franklin Alexander Hamilton James Madison George Washington Benjamin Franklin Alexander Hamilton James Madison Rival Plans Virginia Plan New Jersey Plan Powers of National Government 1. Levy taxes 2. Make national laws 3. Regulate trade 1. Levy taxes 2. Regulate trade Executive Branch Strong executive chosen by legislature Legislative Branch Judicial Branch Weak executive controlled by the legislature 1. Bicameral 1. Strong unicameral 2. Membership based on 2. Each state has 1 vote state population 3. Reps chose by state legislatures 3. 1st house elected by people 4. 2nd house elected by 1st house Supreme Court and lower Supreme Court with courts justices named by The Great Compromise Legislative Branch Executive Branch 1. Bicameral legislative branch a. House: based on population b. Senate: 2 per state The Electoral College Trade 1. Congress could not ban import of slaves before 1808 2. Congress could not tax goods on exports Slavery 1. North: believed it was wrong; also believed they should not count towards population 2. Southern states want slaves to count 3. 3/5 compromise: each slave counted as 3/5 of a free person Finalizing the Constitution • Most signed the new Constitution, even though many still opposed. Ratifying the Constitution Ratify: To formally approve or pass a Bill, Law or Government Federalists vs. Anti Federalists a. Federalists i. Supporters of the ratification of the U.S. Constitution ii. Constitution would protect rights and was necessary to hold nation together b. Antifederalists • i. Opposed the ratification of the U.S. Constitution ii. Constitution would create a gov. that would threaten people’s rights and state’s rights RATIFICATION! –After a lot of debate, all states eventually ratified (passed) the Constitution