American History: Road to Independence & Constitution

Tensions Leading to Independence

• The Declaration of Independence draws inspiration from Enlightenment thinkers like Rousseau and Locke.
• It emphasizes the right of the people to overthrow a government that fails to serve their interests.

Articles of Confederation

• Ratified in 1781, it established a decentralized government with limited national authority.
• States retained sovereignty, each having one vote regardless of size.
• Amending the Articles required unanimous consent from all 13 states, hindering its effectiveness.
• The national government had limited powers, including making peace, coining money, and managing the postal service.

Need for Change

• The weaknesses of the Articles of Confederation became apparent, leading to Shay's Rebellion, a rebellion of farmers over economic hardship.
• The Constitutional Convention of 1787 was convened to revise the Articles, but ultimately led to the drafting of a new constitution.

Plans for the Constitution

• The Virginia Plan, favored by larger states, proposed a strong national government with a bicameral legislature based on population.
• The New Jersey Plan, supported by smaller states, aimed to strengthen the Articles of Confederation, advocating for a unicameral legislature with equal representation for each state.
• The Great Compromise resulted in a three-branch government, a bicameral legislature with a House of Representatives based on population and a Senate with equal representation for each state.
• This compromise is the only part of the Constitution that cannot be amended.

Bicameral Congress

• Bills regarding raising and spending money must originate in the House of Representatives.
• The Senate approves presidential appointments and treaties.

Presidency

• The Electoral College was designed to prevent the "tumult and disorder" of direct popular voting for President.
• The 17th Amendment (1913) made senators directly elected by the people.

Montesquieu's Ideas: Separation of Powers and Checks and Balances

• The three branches of government reflect different forms of government: Congress as democracy, President as monarchy, Supreme Court as oligarchy.
• Each branch has distinct functions: Congress makes laws, the President enforces them, and the Supreme Court interprets them.
• The system of checks and balances ensures interdependence between the branches, preventing any one branch from accumulating too much power.

Structure of the Constitution

• Article I: Establishes Congress, including its powers, composition, and qualifications.
• Article II: Defines the executive branch, detailing the president's role, term, and qualifications.
• Article III: Establishes the judicial branch, including the Supreme Court.
• Article IV: Outlines relations between states, including the full faith and credit clause and the privileges and immunities clause.
• Article V: Specifies the amendment process.
• Article VI: Contains the supremacy clause, declaring national law supreme over state law.

Federalism

• This is the division of authority between national and state governments.
• The Constitution outlines both shared and exclusive powers for each level.

Separation of Powers

• Each branch of government holds distinct constitutional authority.

Checks and Balances

• Each branch can limit the powers of the others to prevent any one branch from gaining undue influence.
• Examples include the president's power to veto legislation, Congress's power to impeach the president, and the Supreme Court's power of judicial review.

Key Terms

• Enumerated Powers: Powers explicitly granted to Congress in Article I, Section 8.
• Necessary and Proper Clause (Elastic Clause): Gives Congress the power to make laws that are necessary and proper to carry out its enumerated powers.
• Implied Powers: Powers derived from the Necessary and Proper Clause.
• Inherent Powers: Presidential powers implied by the Constitution.
• Full Faith and Credit Clause: Requires states to respect the laws and legal proceedings of other states.
• Privileges and Immunities Clause: Prevents states from discriminating against non-residents.
• Supremacy Clause: Establishes national law as supreme over state law.
• Federalists: Supported a strong national government and the Constitution.
• Anti-Federalists: Opposed a strong national government and the Constitution.