Download Student Note Outline 8 Creating a Model of Government

Lecture 8
Evolution of the American Model of Government
Weaknesses of the Articles of Confederation:
1.
All bills dealing with specified subjects of importance required a 2/3 vote to carry.
2.
Amendment of the Articles required a unanimous vote to carry.
(100%)
3.
Congress lacked power to regulate commerce.
4.
States were free to establish conflicting laws regarding tariffs and navigation.
5.
The central government or national union had no power to levy taxes. The national union had to rely on
voluntary contributions from the individual states to fund the government.
Problem:
The Articles of Confederation were too restrictive and did not allow for a dynamic and growing nation such as
the United States of America. Without a central government the states could squander away the freedoms
gained.
What is the answer to the Articles of Confederation?
Do the founding fathers amend the Articles?
Do they start over?
What should they do?
Post Revolutionary War Problems:
At the end of the war the fledgling country was faced with a number of difficult challenges.
Economy
1.
The economy was struggling after the war.
2.
The coveted commerce of England was still reserved to the loyal subjects of the British Empire and not
the Americans.
3.
The fisheries were disrupted.
4.
Demand for naval stores abruptly ended.
5.
A degree of unemployment was experienced.
Results
1.
Americans sought for and found new markets for their products.
2.
Americans freely traded with foreign nations in Europe and in the Mediterranean.
3.
Yankee traders sailed to the Baltic States and into the China Seas.
Indebtedness
At the end of the war the debt incurred for independence was well over $75 million.
1.
Debt owed to foreign nations and individuals:
$11,710,000
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2.
3.
Federal Domestic Debt:
State Debt:
Grand Total of Debt:
42,414,000
21,500,000
$75,624,000
Strong Central Government and Unity
Major point of conflict:
Who would lead the country, the states or the federal government?
Land Laws
The distribution, allocation and sale of lands needed to be identified as to processes and procedures.
In a series of ordinances enacted between 1784 and 1787, the Confederation Congress established the
framework for the privatization of the national domain and for the expansion of the union. In compliance with
conditions set forth in land cessions of the regions north and west of the Ohio River by Virginia (1 March 1784)
and other states, Congress determined that public lands would be sold for the benefit of the United States as a
whole and that settlements would eventually be formed into new states.
Land Ordinance of 1784
1.
Invited settlers to form temporary governments
2.
That would adopt the "constitution and laws" of one of the existing states.
3.
When the new "state" gained a population of twenty thousand free inhabitants, it would be entitled to
draft its own constitution and claim admission to the union "on an equal footing with the … original
states."
4.
The 1784 ordinance stipulated the boundaries of sixteen new states, including ten north of the Ohio
River that were given fanciful names by the committee chair, Thomas Jefferson. But none of its
provisions could be implemented until public land sales opened the way for legal settlement.
Land Ordinance of 1785
Allowed for the survey of the public domain in anticipation of dividing the lands
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Land Ordinance of 1787 or The Northwest Ordinance
1.
Allows for the creation of states in the newly organized Northwest Territory of the United States.
2.
Territories and Government
3.
States – eligibility based upon population, minimal population must be 60,000
Reaction to State Government:
1.
1786
Shay’s Rebellion in Central and Western Massachusetts
Problem:
Impoverished back country farmers were losing their farms to foreclosures and tax
delinquencies.
People rebel against this oppression.
The real problem that emerged was mobocracy.
Rule by the mob; mob mentality; uncontrolled emotion.
Requires Central government intervention
International Relations and Response to the United States
Britain:
1.
Shut off their profitable West Indian Trade to the United States.
2.
British agents schemed with American dissenters (Allen brothers) to annex Vermont to Canada.
3.
British military continued to hold a chain of trading posts on American soil.
4.
British maintained a profitable fur trade.
5.
British used the Indians as a buffer between Canada and the United States.
Spain:
1.
Closed the mouth of the Mississippi River to American commerce in 1784.
2.
Spain claimed a large area north of the Gulf of Mexico including Florida which had been granted to the
U. S. by Great Britain in 1783.
3.
Spain agitated the Florida Indians to attack American settlements and commerce.
France:
1.
Demanded repayment of money loaned during the war.
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2.
Restricted American trade with France’s bustling West Indies.
North Africa:
1.
Pirates from North Africa including the Dey of Algiers attacked and looted American merchant ships.
2.
American sailors were enslaved.
Government
The Revolutionary War did not end the American Revolution rather it accelerated the evolution of social and
political change. In 1787, Thomas Jefferson said regarding the model of government,
“This example of changing the constitution by assembling the wise men of the state, instead of
assembling armies, will be worth as much to the world as the former examples we have given it.”
George Washington preached that broadly speaking, economic democracy must precede political democracy.
Why?
What does he mean?
What is he telling us?
Equality:
Equality was the watchword for the country.
But was equality the same for everyone?
Major Issues of the Post Revolutionary War Period
1. Slavery.
2. Women’s Rights.
3. Division or separation of church and state.
How will all of these issues be addressed by the individual states and their representatives?
Would these leaders amend the Articles of Confederation or take more drastic action?
Constitutional Congress in Philadelphia
Led by George Washington, Alexander Hamilton, John Jay, Benjamin Franklin and John Adams the call goes
out to the states to send their representatives to Philadelphia to discuss and analyze the problem.
Goal:
Fix the articles.
Reality:
Dump the articles as they could not be fixed.
Strategy:
Get the individual states to buy into making positive changes to the articles.
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How?
Next Major Problem:
Problem:
Representation
How should each state be represented?
Large states vs. Small states (population)
A new word is introduced that needs to be taken seriously to be able to accomplish change.
“Compromise”
Answer:
James Madison proposes the Large State Plan or Virginia Plan.
William Paterson proposes the Small State Plan or the New Jersey Plan.
Result:
The Great Compromise
1.
Create a two house congress. Bicameral legislature
2.
Senate based upon the Small State Plan provides for equal representation, 2 per state (Senators).
3.
House of Representatives based upon the Large State Plan using state population to determine the
number of representatives. (Congressmen)
Next step:
Create a new model of government authorizing a central government to act for the states and the people.
How strong should this central government be?
Should the states maintain control over the central government?
In Class Exercise –
Diagramming the Constitutional Government
Preamble
What is the preamble?
1.
2.
3.
4.
5.
6.
To form a more perfect union
Establish justice
Insure domestic tranquility
Provide for the common defense
Promote the general welfare
Secure the blessings of liberty
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Article I
Legislative Branch
Who is the Legislative Branch or the officers/representatives?
Section 2:
House of Representatives
Section 3:
The Senate
What are the primary responsibilities of the Legislative Branch?
What additional powers does the Legislative Branch have?
Article II
Executive Branch
Who are the officers of the Executive Branch?
What are their responsibilities?
Do they have any special powers?
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Article III
Judicial Branch
Who are the officers of the Judicial Branch?
What powers do they hold?
Who controls the expansion of the Judiciary Branch or Judicial system in the United States?
Opposition to the Constitution:
Why?
1.
Creates a powerful central government.
2.
Contains no statement of human rights or bill of rights.
Major Battle to ratify the Constitution:
Sides:
Pro-Federalist
Anti-Federalist
Important writings:
The Federalist Papers
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Approved:
September 17, 1787
Ratification:
May 29, 1790, with Rhode Island finally completing the ratification vote.
Many of the states voted for ratification with the unwritten agreement that there would be a bill of rights
added to the Constitution.
Bill of Rights – 1st Ten Amendments
1st Amendment
Religious freedom, Freedom of speech, Freedom of the press, Freedom of assembly, Petition the
government for a redress of grievances.
Freedom of Religion:
Freedom of Speech:
Freedom of the Press:
Freedom of Peaceable Assembly:
Right to Petition the government for redress of grievances:
2nd Amendment
Well regulated Militia
Right of the People to keep and bear Arms
3rd Amendment
Quartering Act
Requires consent of the owners
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4th Amendment
Search and Seizure
People to be secure in their persons, houses, papers, and effects against unreasonable searches and
seizures,
No warrants to be issued except upon probable cause, supported by witness, testimony or evidence.
Warrant to specifically identify the place to be searched, and the persons or thing to be seized.
5th Amendment
Criminal cases
No person shall be held to answer for a capital crime except on an indictment or charge by a grand jury.
Double jeopardy: No person shall be subject to be put in jeopardy twice for the same crime.
The accused cannot be compelled to bear witness against themselves.
Nor be deprived of life, liberty or property without due process of law.
Nor shall property be taken without just compensation.
6th Amendment
Trials, Jury, Representation
Criminal prosecutions: Accused has the right to a speedy trial
Trial by an impartial jury
Accused has the right to be notified of the charges against them.
Accused has the right to confront the witnesses against them.
Right of subpoena for obtaining witnesses for the accused.
Accused has the right to legal representation or assistance.
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7th Amendment
Suits at Common Law
Value must exceed $25.00
Right to a trial by jury
Facts tried by a jury cannot be re-examined in any court of the United States except under the rules of
common law.
8th Amendment
Bail and Punishment
Excessive bail shall not be required.
No excessive fines imposed.
Cruel and unusual punishment is forbidden.
9th Amendment
Inalienable Rights not Identified
This is a catch all amendment to protect personal and inalienable rights not previously identified.
What might these rights be?
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10th Amendment
Preservation of States’ Rights
States will maintain all powers not delegated to the United States by the Constitution.
What does this mean??
Views:
Remaining Amendments:
#11
Judicial Limits:
#12

#13
Choosing the President and Vice President: 6/15/1804
Change in how electoral votes are counted only electing the president and not both.
Slavery Abolished:
#14


2/17/1795
Citizenship Rights:
All persons born or naturalized are citizens of the United States
Equity clause
12/8/1865
7/9/1868
#15
Race No Bar to Vote:
2/3/1870
#16
Status of Income Tax Clarified:
2/3/1913
#17
Senators Elected by Popular Vote:
 Takes power away from state legislatures
4/18/1913
#18
Liquor Abolished and starts Prohibition:
1/16/1919
#19
Women’s Suffrage:
8/18/1920
#20
Presidential, Congressional Terms:
1/23/1933
#21
Amendment 18 Repealed:
 Makes alcoholic beverages legal
Presidential Term Limits:
 Roosevelt Amendment
12/15/1933
#23
Presidential Vote for District of Columbia:
 Grants DC electoral votes equal to the smallest state
3/29/1961
#24
Poll Tax Barred:
1/23/1964
 Forces the southern states to allow blacks to vote without pre-requisites like paying taxes
#25
Presidential Disability and Succession:
2/10/1967
#26
Voting Age Set to 18 Years of Age:
7/1/1971
#22
2/27/1951
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#27
Limiting Changes to Congressional Pay:
5/7/1992
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