Articles of Confederation + Constitution Flashcards
The Articles of Confederation
An intentionally weak form of government created during the war
Structure under the Articles
Only one branch (Congress)
Each state had one vote
9/13 votes were needed for something to pass
A committee of states could make minor decisions
Federal Powers under the Articles
Congress could wage war, make treaties, send diplomats, and BORROW money
Accomplishments of the Articles
Independence for the US
Land Ordinance of 1785: a policy for surveying and selling western lands, the ordinance set aside 1 per 36 square miles for public schools
Northwest Ordinance of 1787: established rules for creating new states, establishing limited self governance and prohibiting slavery
The selling of western lands was the ONLY source of revenue for the federal government under the Articles
Weaknesses/Issues under the Articles
- Federal government could not enforce treaties, so it could not force states to repay debts; this made Europe look down on the states and not trade w/ them
- Could not force the British out of outposts in the west (NO NATIONAL MILITARY)
- Could not tax; had to borrow money from states to pay debts
unpaid debts = limited credit and reduced trade
These weaknesses led to little foreign trade, and the US could not make money to pay their debts - Could not regulate commerce: states treated each other as rivals and put tariffs on each other and Congress could not settle disputes
RESULT: lack of unity between the states, not like a single country - lack of a national army: the federal government could not do anything during Shay’s Rebellion and the rebellion was ended by MA state militia
The Constitutional Convention
James Madison and Alexander Hamilton convinced delegates to meet and eventually to create a new document and new system of government
Separation of Powers
Under the Constitution power is separated first between federal and state government and then into three branches
Federal: national defense, foreign affairs, interstate commerce, postal system
State: schools, local elections
Legislative: (Congress) makes laws, passes taxes, allocates spending
Executive: (President) recommends and carries out laws/federal programs, makes treaties, declares war
Judicial: interprets laws and the Constitution
Checks and Balances
Congress passes laws; BUT the president can veto them and Supreme Court can rule them unconstitutional
President makes treaties; BUT Congress must ratify them
Supreme Court can order the president to enforce laws: BUT the president appoints judge
Bill of Rights
In order to ratify the Constitution, the Anti-Federalists required that a Bill of Rights be created to protect individual rights
The Connecticut Plan
One of the compromises of the convention
Large states wanted delegates based on population (so they would have more) = The Virginia Plan
Small states wanted equal representation for all states (so they would have a say) = the New Jersey Plan
The compromise was the CT Plan introduced by Roger Sherman
It created the two house Congress
States would have equal representation in the Senate but representation based on population in the House of Representatives
Three-Fifths Compromise
Should enslaved individuals be counted as people for representation?
If yes larger states would get even more representation in the House
The compromise was that each enslaved individual would count as three fifths of a person toward representation
The delegates also agreed to table discussions of abolishing slavery and the slave trade until 1808
The Commercial Compromise
Congress was allowed to regulate commerce and tax imports but it could not tax exports
Federalists vs. Anti-Federalists
Federalists wanted a strong federal government, loose interpretation of the Constitution, and were popular in the North with manufacturing ALEXANDER HAMILTON
Anti-Federalists wanted a weak federal government, strict interpretation of the Constitution, and were popular in the south and west with farmers THOMAS JEFFERSON
Implied Powers and the Necessary and Proper Clause
Federalists argued that there are certain powers that the President and Federal Government have even though they are not explicitly stated in the Constitution
If something is deemed “necessary” and appropriate then it can be done
This is the case with the National Bank
