America's First Constitution (AOC) - PDF

America’s first Constitution Drafted during the Second Continental Congress in 1777 and finalized in 1781 ➔ Allowed the federal government, though weak, to conduct the business of the war (start, fund and end the war): ◆ Coin money ◆ Borrow money ◆ Create treaties...

America’s first Constitution Drafted during the Second Continental Congress in 1777 and finalized in 1781 ➔ Allowed the federal government, though weak, to conduct the business of the war (start, fund and end the war): ◆ Coin money ◆ Borrow money ◆ Create treaties ◆ Sell and organize land ➔ The government consists of just ONE BODY ◆ Each state has one vote, regardless of size ◆ 9/13 states need to agree to pass important legislation 1. Regulate trade ◆ 13/13 states need to agree to or collect taxes amend the Articles a. States could ◆ A Committee of States, with individually one representative from each vote on taxes state could make minor 2. No Executive decisions when Congress was branch to not in session enforce its laws  New Hampshire Vermont Massachusett s New York Rhode Island Pennsylvania Connecticu t New Jersey Northwest Territory Congress established a Delaware system of organizing Maryland and selling land Virginia Southwest North Territory Carolina South Carolina Congress passed a law that Georgia set rules for creating new states. ➔ Slavery was prohibted in the region  New Hampshire Vermont 1 2 3 4 5 6 Massachusett s 1 1 1 New 9 8 7 York 2 1 0 Rhode Island 1 1 1 1 1 1 Pennsylvania Connecticu 3 4 5 6 7 8 t New Jersey Northwest Territory 2 2 2 2 2 1 Delaware 4 3 2 1 0 9 Virginia Maryland 2 2 2 2 2 3 5 6 7 8 9 0 ½ section = 320 Southwest North 3 3 3 acres 3 3 3 Territory Carolina 6 5 4 3 2 1 South Carolina ¼ Georgia section ¼ section 160 160 acres acres  1.Why would the colonists create a weak federal government that couldn’t tax the states? 2.Why would European nations issue high tariffs? 3.What is the negative consequence of printing more money? WEAK federal The Caribbean and The new government that other European government printed couldn’t tax nations issued high more money to individual states tariffs on US goods cover its debts  NO NO unified executiv currency or NO e branch central ALL 13 standing NO army, only bank states national state and need to local court system agree to volunteer amend the militias Articles  Where the colonists addressed this issue in the NO Declaration of Indepence? standing “He has kept among us, in times of peace, Standing Armies army, only without the Consent of our legislatures.” state and Why this could present a local problem? volunteer If America gets in another war militias with England (it happens in 1812), or if there is a rebellion  Where the colonists addressed this issue in the Declaration of Indepence? NO “He has ….. He has ….. He has ….. He has ….. He has ….. (He executive has is mentioned 18 times) branch Why this could present a problem? Without an executive branch there is no uniform way to enforce laws.  Where the colonists addressed this issue in the Declaration of Indepence? NO “He has made Judges dependent national on his Will alone …” court Why this could present a problem? system A federal court system is needed to solve interstate personal, governmental and business disputes.  Where the colonists NO addressed this issue in the Declaration of Indepence? unified “... and that as Free and Independent States, they have currency full Power to... establish Commerce, and to do all other or central Acts and Things which Independent States may of right do. bank Why this could present a problem? Interstate and international  Where the colonists ALL 13 addressed this issue in the Declaration of Indepence? states “ That these United Colonies are, and of Right ought to be Free and need to Independent States” agree to Why this could present a problem? amend the If every state, as well as new states, need to agree to amend Articles the Articles, no changes would ever be made Poor farmers and war veterans were angry about new state taxes issued to pay the state’s war debt ➔ Shays’ followers prevented tax collection ➔ Used force to keep debtors out of prison The state legislature was powerless, until wealthy merchants raised a militia to counter Shays’ men Convinced Americans that the Articles were too weak, and they needed a NEW Constitution  Do you like Are there a the Articles of lot of Confederation Let’s Play ? problems with the the AOC? Do we need Can we fix those problems a NEW without constituti creating a new constitution? on? Game do amend new nothing the AOC constitution ➔Representatives met in philadelphia and decided to create a new constitution ➔Debates centered around many topics: Division of power, elections, and slavery. These debates led to the creation of America’s first political parties  New Hampshire Vermont Massachusett s New York Rhode Island Pennsylvania Connecticu t New Jersey Northwest Territory Delaware How do you Virginia Maryland have a representative North Southwest Territory Carolina Virginia government for 538,004 South both the Georgia Carolina LARGE and New Jersey small states? 139,627 Rhode Population statistics: Island  Proposed by Proposed by larger states smaller states ➔ Representation in Bicameral (2) ➔ Each state to Congress should House Legislature have one be based on population ➔ House of representative Representatives: Representation is Virginia determined by population ➔ Senate: Each state New gets 2 Jersey representatives Who counts as a “person” when determining the House of Representatives? Slaves, citizens, non-citizens living in the United States, children, women? EVERYONE! Southern states wanted their slaves to be counted to give These 5 them more representation in slaves are Congress. Northern states didn’t counted as want them counted to decrease only 3 Southern power. people  “Requiring a two-thirds vote in each house of Congress and ratification by three-fourths of the states to amend the Constitution essentially gave the slave Whystates a perpetual do you think veto Northerners over Constitutional agreed change” to the Constitution knowing that the difficult amendment - Paul Finkelman, Historian process and the 3/5th Compromise ensured Southern states would likely retain the most power? Antifederali Anti-Federalists were in st Richard favor of ratifying the Henry Lee Constitution Federalist WITH a Bill of Rights Alexander Hamilton Federalists were in favor of ratifying the Constitution WITHOUT a Bill of Rights  “The most expressed declarations Antifederali and reservations are necessary to st Richard protect the just rights and liberty of Henry Lee; Federalist mankind from the silent powerful October 16, Alexander 1787 and ever active Hamilton; conspiracy of those who Federalist Paper govern…” 84 “Why declare that things shall not be done which there is no power to do?” Political parties are naturally-occuring, representing differing political opinions. They are NOT written into the Constitution. KEY PHILOSOPHY: Wanted power in the KEY PHILOSOPHY: states, not the central Wanted a strong central government government, and weak state governments KEY DOCUMENTS: KEY DOCUMENTS: Anti-Federalist Papers Federalist Papers Articles of Constitution Confederation KEY SUPPORTERS: KEY SUPPORTERS: Wealthy, educated, city Poor, uneducated, dwellers  Article II: Applies Laws Executive Branch ➔ The president, their Article I: Article III: office and cabinet Makes Laws Interprets Laws Legislative Judicial Branch Branch ➔Supreme ➔ House of Court Represent ➔Circuit atives courts ➔ Senate ➔Lower federal courts Amendments First 10 are the Bill of Rights There are currently 27  House of Representatives The Senate There are 435 members of the There are 100 members of House of Representatives. the Senate, 2 for each state Determined by population count regardless of population. every 10 years in the census. Qualifications to serve in the Qualifications to serve in the House: Senate: 1. Be at least 25 years old 1. Be at least 30 years old 2. Been a citizen for the past 7 2. Been a citizen for the past 9 years years 3. Be an inhabitant of the state 3. Be an inhabitant of the state they represent they represent Executive, 4. Serves 2 yearPresident terms or 4. Serves 6 yearCourt terms or SCOTUS The Supreme POTUS Qualifications to serve as Qualifications to serve in president: Supreme Court: 1. Be at least 35 years old 1. Must nominated by the president 2. Must be a resident within the US for and confirmed by the senate 14 years and a “natural born 2. Life position (resign, get Citizen” impeached/removed, or die)  Power of the President 1. The president is elected every 4 years with the Vice President, with no term limits a. Until the 22nd Amendment ratified in 1951 states that “No person shall be elected to the office of the President more than twice” 2. The president is in charge of the army, navy and state militias 3. The president can: a. Pardon people for federal crimes, except in cases of impeachment b. Appoint ambassadors, other public officials, Supreme Court Justices Election of the c. Veto acts President: approved by Congress The Electoral College Rather than elect the president directly, each state has a set of electors who vote on behalf of the people for their state. ➔ The number of electors is equal to the total of that state’s number of Representatives and Senators This system was added to the Constitution because the framers were weary that too much Electoral College Map for the first election, 1790 democracy would lead to mob rule.  The only Federal Court mentioned in the Constitution is the Supreme Court, though SUPREME COURT Congress has the power to: ONLY ONE ➔ Create other federal 6 members originally Changed to 9 courts Chief Justice presides ➔ Determine the over the court number of justices making up the Circuit Courts Supreme Court 13 in TOTAL Decides appeals from District Courts District Courts Settles disputes for both civil and criminal federal matters  After 17 weeks of debate, the delegates of the Philadelphia Convention approved a draft of the Constitution to submit to the states for ratification. The Framers agreed the new Constitution would be adopted if 9/13 states approved. New Hampshire Rhode The Bill of Delaware Island was was the Rights was was the the last 9th state ratified in 1st to ratify the state to state to ratify the Decem Constitution, ratify the making it Constitution ber Constitution. 1791 approved. Congress won’t establish an official religion. People have the freedom of assembly, petition, speech and press. The people have a right to bear arms. No soldiers in peacetime will be housed in a private home without permission of the owner. People and their houses, papers and belongs are protected from being searched or taken without good reason. No person shall be tried twice for the same crime, or be forced to say things that could be used against them. Whenever a person is charged with a crime, the accused is entitled to a trial by a fair jury, in a timely manner. Everyone is entitled to representation. In federal lawsuits, when more than $20 is at stake, people keep the right to a trial by jury. Prevents excessive bails, No unreasonable fines, or any cruel and unusual punishment. Rights not specifically given to the PEOPLE in the Constitution are reserved to the people. Rights not specifically given to the STATES in the Constitution are reserved to the states.