Unit 2B
Unit 2B
National/ Federal/ Central Government- all mean the same, terms are interchangeable
State/ Local Government- terms are interchangeable
Legislative- makes laws (legislature)
Executive- enforces laws
Judicial- interprets laws
| |ARTICLES OF CONFEDERATON |CONSTITUTION |
|1. Structure |1 Branch: Legislature that carried out the duties|Legislative |
| |of legislative and executive branches |Judicial |
| | |Executive |
|2. Court System |No judicial branch |Judicial branch w/ Supreme Court and other courts|
| |Each state maintained its own court system | |
|3. How is representation in |One vote per state, but the states could send as |Senate: 2 per state |
|the legislature is |many representatives as they wanted |HOR: population |
|determined? | | |
|4. What powers of the |COULD NOT |POWERS ADDED |
|National government? |Collect taxes |Collect taxes |
| |Regulate trade |Regulate trade |
| |Force states to cooperate |Force states to cooperate |
|5. Procedures for |All 13 states had to agree to make a change |2/3 to propose |
|amendment | |3/4 to amend |
|6. Power to the state or |State |Federal Government |
|federal government? |WHY? They feared a strong central government | |
II. The Constitutional Convention
WHY?
1. Weaknesses of the Articles of Confederation (notes)
2. Problems with Great Britain (pg. 139)
• Britain would not leave forts in the Great Lakes area
• Britain tried to keep the rules of mercantilism and trade the same as before the Treaty of Paris
• Britain did not take the US seriously
3. Problems with Spain (pg. 139)
• Spain closed the Port of New Orleans to US traders
• Spain was worried about westward expansion into Louisiana
4. 1786- Shay’s Rebellion (pg. 140): significance of
• Demonstrated the lack of power of the federal government under the Articles
WHERE: Philidelphia HOW LONG: 17 weeks
WHEN: May 1787 HOW MANY: 55 delegates
CHAIRED BY: George Washington
A. Virginia Plan
• 3 branches of government
• Strong President
• Bicameral Legislature: Lower House elected by voters
Upper House elected by members of the Lower House
o Membership determined by the size of the population
• This plan gave power to the large states
B. New Jersey Plan
• Unicameral Legislature
• 1 vote per state
• Power to tax and power to regulate commerce to Federal government
• Federal government stronger than state government
• This plan gave power to the small states
C. Great/ Connecticut Compromise
• Bicameral legislature
• House of Representatives: based on population, 1 Rep. for every 40,000 people (power to large states)
• Senate: 2 senators per state (power to small states)
D. 3/5 Compromise
• For purposes of the House of Representatives slave will count as 3/5 of a person
E. Slave Trade Compromise
• Congress can regulate trade BUT cannot interfere with the slave trade for 20 years (1808)
• A duty tax of $10 per slave (benefit to North)
*Areas of conflict at the Constitutional Convention
|Who |What was the issue |How was it resolved |
|Large states v. Small states |Representation in Congress |Great Compromise |
|North v. South |Slave representation |3/5 Compromise |
|North v. South |Slave trade |Slave Trade Compromise |
III. Constitution
|Article I |Article II |Article III |
|Legislative Branch |Executive Branch |Judicial Branch |
| | | |
|Congress |Strong President |Supreme Court |
|HOR & Senate |Executive Agencies |Other Courts |
| | | |
|Powers to Congress | | |
|Tax, trade, courts, necessary | | |
|Actions (Elastic Clause) | | |
|Article IV |Article V |Article VI |Article VII |
| | | | |
|Relations among the states |How to amend the Constitution |Federal law is the supreme law of the|Procedures for Ratification |
| | |land |(approval) |
|Federalist arguments |Anti-federalist arguments |
|1. have a representative government |1. state power will be decreased |
|2. based on system of checks and balances and separation of powers |2. president will be like a king |
|3. strong central government that has the power to tax and regulate trade |3. no bill of rights |
|4. strong central government that can manage the nation’s problems |4. rich man’s government |
IV. The Bill of Rights (1st 10 amendments)
Were added to the Constitution so that some anti-federalists would support the Const.
|1st amendment |No establishment of religion |
| |Free exercise of religion |
| |Freedom of speech |
| |Freedom of press |
| |Freedom of assembly and petition |
|2nd amendment |The right to bear arms |
|3rd amendment |No quartering of troops |
|4th amendment |No unreasonable search and seizure |
|5th amendment |Right to remain silent |
|6th amendment |Right to a lawyer, etc. |
| |Right to a speedy trial |
| |Right to a trial by jury |
|7th amendment |Trial by jury in Civil Cases over $20 |
|8th amendment |No cruel or unusual punishment |
|9th amendment |People have rights that are not listed |
| |in the Constitution |
|10th amendment |Any power not mentioned in the Constitution belongs to the |
| |States |
The Constitution says nothing about slavery being right or wrong. The only place slavery is mentioned in the Constitution is in the 3/5 and Slave-Trade Compromises.
[pic]
|Hamilton |Jefferson |
|Favored balanced economy with government support of trade, |Disliked the world of commerce, sympathized with farmers |
|finance, and manufacturing | |
|Trusted only rich, educated and socially established people to |Had a lot of faith in the common person |
|govern | |
|Favored a strong central government |Favored a weak central government and strong state government |
|Looked for support from wealthy in the cities |Looked for support in rural areas. Believed cities corrupted |
| |people |
|Followers were known as the Federalist Party |Followers were known as Jeffersonian Republicans |
|Favors the British |Favors the French |
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George Washington’s Presidency
1789-1797
List
Treasury: Alexander Hamilton*
War: Henry Knox
State: Thomas Jefferson*
Attorney
General: Edmund Randolph
Precedents
1. set up a Cabinet
2. serve two terms
3. established tone of dignity
Alexander Hamilton’s Financial Plan (3 parts)
1. funding to pay off national debt (N. states had the debt)
2. establish a national bank
3. excise tax on whiskey
Is the National Bank Constitutional?
Thomas Jefferson Alexander Hamilton
NO: Strict Construction YES: Loose Construction
10th Amendment says any power not Idea of implied powers in the
given to the national government belongs Constitution- if the government
to the states. can collect taxes, it should have
somewhere to keep the $
Result:
• Washington accepts Hamilton’s argument
• Differing views of constitution still exist today
• The two-party political system developed as a result of this conflict
Washington’s Farewell Address
• Avoid foreign alliances except in an emergency
• Warned about the dangers of political parties
John Adam’s
Presidency
1797-1801
XYZ AFFAIR
• French were seizing our ships
• We sent officials to France to negotiate
• French officials wanted a bribe
• American public became outraged and wanted to go to war
ALIEN AND SEDITION ACTS
• Alien’s who spoke against the government could be arrested and deported
• Citizen’s who spoke against the government could be arrested
VIRGINIA AND KENTUCKY RESOLUTIONS
• VA and KY nullified the Sedition Acts
• Demonstrated the on-going conflict between state power and national power
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