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.

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|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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