Articles and constitution Flashcards
Unicameral
Means “only one house” in the legislature. The confederation congress was a House of Representatives and a Senate
How to amend the articles of confederation?
To change the basic structure of the system of government
it was necessary to have unanimous agreement among all
the states. Fat chance.
Where and when the constitution convention met?
Philadelphia,1787
Famous Americans who felt a new form of government
was needed:
James Madison, George Washington , Alexander Hamilton
What two decisions were made right away at the
constitutional convention?
First, they said that all discussions and speeches would remain confidential and secret, so that each delegate could speak out freely and not worry about getting nailed back in their home state.
Second, it was decided that they would start from scratch and start designing a whole new type of government, rather than just amend, tweak, fix the Articles of Confederation.
The name of the person who is mostly behind the
writing of the constitution?
James Madison He is a wealthy slave-owner from Virginia. Total nerd. Loved to study political philosophy. Short. (5’4”) Still, he managed to marry the most desirable woman in the 13 states, Dolly Madison. He is given the honorary, historical title “Father of the Constitution”
The two plans that emerged right away for how the
government should basically be structured?
The Virginia Plan...this is close to what actually will be chosen: a strong national legislature based on how much each state has in their population.
The New Jersey Plan...pretty much keeping the structure of the current system: a weak national legislature with equal representation for each state, no matter how big or small it is in population.
It become very clear very quickly that the New
Jersey plan was dead on arrival. No way.
Confederation Congress
Basically a constitution of the continental congress that functioned during the revolutionary war. Each state send a delegation to the congress. And each state got one vote whenever any law or prospol came up
What did Alexander Hamilton propose?
He stood up and proposed a version of the British government with a “national governor” elected for life (a king!), and also
a national senate with members serving for life
Apparently, the delegates listened politely, but it is easy
to imagine that his idea was received about the same way
as if he had loudly passed gas in the convention hall
The Great Compromise?
The Great Compromise gives something to the big
states–a legislative house based on population(this
will be the House of Representatives); and
something to the small states–a legislative house
with equal representation (this will be the Senate).
The Three-Fifths Compromise
Once it is decided to have a “house of representatives based on
population of each state, some southern delegates demand that slaves
count as population, and not property (which will also mean the slaves
aren’t taxed as property.)
Northerners are opposed, but are forced to compromise. After
bargaining back and forth, the number 3/5 is decided as how much
each slave can count both as a person and as a piece of property.
The compromise was necessary, but this one is pretty
embarrassing, looking at it two centuries later.
The Three Branches of the Federal Government
Legislative-Congress-House of representatives
Executive-president-vice president
Judicial-supreme court
=The Legislative makes the laws, the Executive carries out
(executes) the law; the Judicial sorts out how the laws
must be applied.
How to pass a law under the Articles of
Confederation?
How to pass a law under the Articles of
Confederation?
To pass a law there had to be a ‘super majority’ of 9
votes. This also was more difficult to get.
Why? Obviously the states were afraid of too
much power in a central government, so it was
set up to be almost beyond having functionality.
Worst weekness
Basically it couldn’t get anything done.
There was no executive function (no president), it had no
ability to raise a national army, and no ability to impose
taxes on the individual states.
In a military crisis, or a financial/economic crisis, this
arrangement was very weak and inadequate.
The next step after the Constitution is written?
It must be ratified (voted upon) and accepted by each
state.This is going to take some doing! Most Americans
thought the Constitutional Convention was only supposed
to fix up the existing Articles of Confederation.
Now, they discover that they are being asked to accept a
whole new system of government with a powerful central
legislature and executive function.
Lots of people are very suspicious of a powerful
government set over and above their own state.