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THE ARTICLES OF CONFEDERATION AND THE CONSTITUTION THE SECOND CONTINENTAL CONGRESS: AMERICA’S FIRST CENTRAL GOVERNMENT (Right) A French engraving showing Congress in action. (Below) The committee Congress selected to draft the Declaration of Independence. Declaration of Independence July 4,1776 Influenced by John Locke Natural rights granted by God Life, liberty, & the pursuit of happiness (property) Equality of all men Principle of limited government Government by consent Right to rebel against tyranny Thomas Jefferson Primary Author IN CONGRESS, JULY 4, 1776 The unanimous Declaration of the thirteen united States of America When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government…………. • THE UNITED STATES IN 1783 • In addition to the Thirteen Colonies, Great Britain ceded all land east of the Mississippi River to the young republic Weaknesses of the Articles of Confederation Confederate system w/one branch at the national level Unicameral Congress - one vote per state National Congress powerless to tax National Congress powerless to regulate foreign & interstate trade No executive branch to enforce acts of Congress No national court to settle disputes between states Amendment: ALL 13 states had to agree - unanimous 9/13 majority to pass laws ALEXANDER HAMILTON, ADVOCATE OF NATIONAL POWER • A Continental Army veteran and former member of General George Washington’s staff, Hamilton became a New York congressman. • He openly criticized the weaknesses that the Articles of Confederation built into America’s first central government. SHAYS’ REBELLION (Left) Rebellious Massachusetts farmers close the courts to prevent confiscation of their lands for unpaid back taxes. (Below) The insurrection caused George Washington to question if Americans were capable of governing themselves. A VULNERABLE FRONTIER Americans moving west, including pioneers, traders, and land speculators, found their interests threatened by the British, Spanish, and various Indian tribes. A NAKED FRONTIER The Articles of Confederation left Congress unable to field a military force strong enough to protect American settlers west of the Appalachians. (Left) A tense confrontation in the Ohio Valley. (Below) White hunters scan the woods for hostile Indians. SPAIN TURNS UNFRIENDLY In 1784, Spain closed the Mississippi River to American traffic, which prevented farmers living west of the Appalachians from floating their produce to market. THE 1st AMERICAN REGIMENT: THE REPUBLIC’S PITIFULLY SMALL MILITARY In 1784, Congress reduced American military to a single regiment, the 1st American Regiment. Ranging in authorized strength from 700 to 840, this force was too small to deter Indian attacks or British and Spanish efforts to stifle American growth. DISGRUNTLED VETERANS Angry about not receiving the back pay and pensions promised for their services in the Revolution, former Continental Army officers became some of the leading advocates for a stronger central government. INDEPENDENCE HALL, PHILADELPHIA Where the Constitutional Convention met in 1787. GEORGE WASHINGTON, ADVOCATE OF NATIONAL POWER • Alarmed by Shays’ Rebellion, Washington desired a stronger central government. • He would lead Virginia’s delegation at the Constitutional Convention in 1787. THE CONSTITUTIONAL CONVENTION An 1833 engraving of George Washington presiding over the convention. Who wrote the Constitution: • 55 men • experienced in politics • men of wealth and prestige (elite) • most were formally educated • all were white • owned property • relatively young James Madison = Primary Author “Father of the Constitution” JAMES MADISON, ADVOCATE OF NATIONAL POWER • Another member of the Virginia delegation, Madison wanted a national government that would be supreme to state governments. • He did not get everything that he wanted, but he actually wrote most of the Constitution. BENJAMIN FRANKLIN, ADVOCATE OF NATIONAL POWER • The oldest delegate at the Constitutional Convention and the most famous man in America next to George Washington, Franklin used his influence to persuade his fellow delegates to work in a spirit of compromise. THE CONSTITUTION ADOPTED This modern painting of the climactic moment in the Constitutional Convention contains recognizable portraits of many of the Founding Fathers, including George Washington standing on the dais at right and Benjamin Franklin seated at center. THE FIRST PAGE OF THE CONSTITUTION OF THE UNITED STATES, 1787 Solutions provided by the U.S. Constitution Federal System Bicameral Congress: (Connecticut Compromise) Senate – States are equally represented – 2 per state House of Representatives – Based on population size Congress given power to tax Congress given power to regulate trade Executive Branch to enforce laws Judicial Branch to interpret laws & Constitution Amendment: Proposed by 2/3 Congress Ratified by ¾ of the state legislatures 50%+1 to pass laws Articles of Confederation vs. the Constitution Confederate system Unicameral Congress - one vote per state Powerless to tax Powerless to regulate foreign & interstate trade No executive branch to enforce acts of Congress No national court to settle disputes between states Amendment: ALL 13 states had to agree - unanimous 9/13 majority to pass laws Federal System Bicameral Congress: Senate & House of Representatives Congress given power to tax Congress given power to regulate trade Executive Branch to enforce laws Judicial Branch to interpret laws & Constitution Amendment: 2/3 Congress + ¾ State Legislatures 50%+1 to pass laws THE BATTLE FOR RATIFICATION A cartoon satirizing the debate between Federalists and Anti-Federalists in Connecticut. The Constitution (1789) Ratification - approval process: Issues: Representation, tyranny of the majority, governmental power Federalists (James Madison, John Jay & Alexander Hamilton) • Representative of the people and have a measure of autonomy from the people = efficiency & competency • Feared tyranny of the majority • Favored strong national government Ratification of the Constitution… Anti-Federalists (Thomas Jefferson, Robert Yates & Patrick Henry) • feared giving too much power to the national government • favored state power • feared aristocratic nature of governments • opposed the lack of a bill of rights LEADING ANTI-FEDERALISTS Those suspicious of the new central government and the broad federal powers proposed by the Constitution included such former revolutionary firebrands as Samuel Adams of Massachusetts (left) and Patrick Henry of Virginia (right). THE FEDERALIST AND ITS AUTHORS (Right) Alexander Hamilton. (Bottom left) John Jay. (Bottom right) James Madison. THE BILL OF RIGHTS Bill of Rights 1st 2nd 3rd 4th 5th 6th Freedom of Religion, Speech, Press, Assembly, Petition Right to Keep and Bear Arms Quartering of Soldiers Security from Unwarrantable Search & Seizure Rights of Accused Persons in Criminal Proceedings Right to Speedy Trial, Witnesses, Trial by Jury in Criminal Cases 7th Trial by Jury in Civil Cases 8th Ban Excessive Bail, Fines, and Cruel & Unusual Punishment 9th Unenumerated Rights of the People 10th Reserved State Powers