The Articles of Confederation- The first government of the United States

- Confederation of Thirteen States – weak federal government, state governments have most power

- Congress ran government- no federal executive or judicial branch (one branch)

- Each state had one vote

- Bills needed 2/3 majority to become laws, Amendments (changes) needed unanimous decision, deliberately slow and powerless

Problems with the Articles

1. No power to tax - could request money from the states

- $50 million debt after Revolution

2. No power to enforce treaties or laws- British in the Northwest, Spain and Florida

3. No power to regulate commerce- tariffs

- states quarrel over boundaries and taxed goods from neighboring states

- hindered trade throughout the nation

4. The National Economy - Taxes, Money Supply and Shays’s Rebellion in Massachusetts

A Success of the Articles: The Northwest Ordinance

- Lands Northwest of the Ohio River

- Land Ordinance of 1785 and 1787 - Divided into towns of 36

square miles

- 36 lots of one square mile (- one lot reserved for schools- outlawed slavery in entire

area and ensured freedom of religion and trial by jury

- when population 60,000 could become state

The Constitutional Convention- May 1787 – Philadelphia, Pennsylvania- 55 Delegates representing the states- Decided to write a new constitution – Republic –

strengthen the federal government- George Washington serves as president

A. Representation – New Jersey (Small States) and Virginia Plans (Large States) – The Great (CT) Compromise - Bicameral Congress

B. Presidential Elections – Federalists v. Antifederalists - Electoral College

C. Slave Trade – North v. South - 1808

D. Counting Slaves – North v. South - 3/5 Compromise

E. Commerce – North v. South - Cannot regulate exports, only imports, tariffs

F. Taxation – Federalists v. Antifederalists - Imports not Exports, Excises not Incomes

- Needed 9 of 13 States to approve at special conventions- Two Sides – Federalists and Anti-federalists- Why was it ratified?

- Articles ineffectiveness- Federalists had a plan- The Federalist Papers – 85 Essays- Hamilton, Madison,

and Jay- George Washington

- One Final Compromise – The Bill of Rights – First Ten Amendments – Limits Government Power and Protects Rights

Federalists Anti-Federalists

Federalists Anti-Federalists

America’s history-

Representation - Virginia House of Burgesses, Mayflower Compact

Civil Liberties – Freedom of Religion

Enlightenment Ideas –

John Locke, Baron de Montesquieu, Voltaire

British History – Magna Carta, Bill of Rights

Ancient Greece and Rome

- Supreme Law of the Land- Rule by Law- Popular Sovereignty- Federal Republic

– Representative Democracy- Federalism – Division of powers between levels of government (State and Federal)- Three Branches - Separation of Powers

- Legislative – Congress

- Executive – President and VP

- Judicial – Federal Court System

- Limited Powers – Federalism, Separation of Powers, Checks and Balances, Bill of Rights

Congress – Senate and House of RepresentativesHouse – 435 Representatives/Congressmen

- based on population –census every 10 years

- direct election- 25 years old, 7 years citizen, resident- Two year Terms- Elect Speaker of the House

Senate – 2 from each state, 100 Senators- six year terms- chosen by state legislators until 17th

amendment – now direct election- 30 years old, 9 years citizen, resident- VP is president

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1. Levy and Collect Taxes + Borrow Money

2. Regulate Commerce

3. Regulate Naturalization

4. Coin Money

5. Establish Post Office

6. Declare War and Raise and Support Army and Navy

7. Make all Laws ‘necessary and proper’ for carrying out these powers – ‘elastic clause’

8. May not suspend the privilege of Habeas Corpus

9. Make all expenditures public

- The President, Vice President, and Cabinet- Serve for four year terms, Maximum of Two

Terms(22nd)- must be a natural-born citizen, a resident for

fourteen years, and 35 years old- President is elected through the electoral college

- the number of electoral votes each states receives is the total number of congressmen and

senators in the state - Winner takes all electoral votes in each state- 270 electoral votes needed to win

The President can be impeached for treason, bribery, or other crimes

2012 Electoral College

1. Commander in Chief of the Army and Navy

2. Chief Diplomat - Negotiate all treaties, approved by Senate

3. Chief Executive - Make all appointments- ambassador, supreme court justices, and other officials – approved by Senate

- Must see that laws are executed

4. Head of State - Must receive ambassadors

5. Must deliver a State of the Union

6. Power to issue pardons

7. Power to veto all bills

8. Party Leader and Chief Legislator

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- All Federal Courts – Three Levels: District Courts, Appellate Courts, Supreme Court

- Hears all cases:- about Constitutional Law or United States Law (Judicial Review)

- between the United States and someone else- between a State and someone else or between two states

- Appointed by the President approved by the Senate

- Supreme Court Justices serve for life- Supreme Court has nine Justices (Not in Constitution)

- Chief Justice is head of Supreme Court

SUPREME COURT JUSTICESAlmost all have been white, male, protestant, all have been

lawyers

Today: 1 African American, 1 Hispanic, 3 Women

- 6 Catholics (24%), 3 Jewish (2%)

Chief JusticeJohn RobertsC- 2005

Antonin ScaliaC- 1986

Anthony KennedyC - 1988Clarence

ThomasC- 1991

Ruth Bader GinsbergL- 1993

Stephen BreyerL- 1994

Samuel AlitoC- 2006Sonia

SotomayorL- 2009

Elena KaganL -2010

Step 1: Bills are proposed in either the House or the Senate (Revenue (tax) Bills must start in the House)

Step 2: Bills are assigned to a Committee – Committee reviews bill, holds hearing, marks up bill, and votes on whether or not to present (Most bills are never presented and die in committee)

Step 3: Bills presented are placed on calendar and there is a floor debate

- Filibuster, Quorum Call- Vote is held – majority needed to pass

Step 4: The entire process must be repeated in the other chamber – if both chambers don’t pass the same bill, the bill dies

Step 5: The Bill goes to the President - if he signs the Bill it becomes law, if he vetoes the Bill…

Step 6: It goes back to the Congress, if both houses pass it with a 2/3 majority, they override the presidential veto

Supreme Court and Judicial Review - Constitutionality

Each branch of government must check and balance the other branches of the government – examples:

1. Presidential Veto over congressional acts

2. Congressional override with 2/3 majority

3. Impeachment of the President by Congress

4. Supreme court’s power of judicial review

5. President appoints Supreme Court Justices and other officials, Senate approves appointment

6. Congress declares war, President is commander in chief

7. President negotiates treaties, Senate ratifies

8. Congress makes all laws, President executes

Division of powers between the Federal and State governments.

Three types of powers:

Delegated Powers: Powers of the federal Government listed in the Constitution

Reserved Powers: 10th Amendment – powers not delegated to the federal government, so therefore reserved for the states (10th Amendment)

Concurrent Powers: powers that belong to both the federal government and the states

Amendments are changes to the constitution.

The constitution can be amended, but it is a slow, deliberate process –

Amendments must:

- Be approved by 2/3 of the House

- Be approved by 2/3 of the Senate

- Be approved by 3/4 of State Legislatures

Amendments generally reflect social and political atmosphere at the time

First ten amendments – approved during Washington’s presidency. Overall they limit the power of the government and protect civil liberties.

First - Freedom of Religion (Free Exercise and Establishment clauses)

-Freedoms of Speech, Press, and Assembly (right to petition for redress of grievances)

Second –Right to Bear Arms

Third – No Quartering of Troops without the consent of the owner

Fourth – No unreasonable searches and Seizures

The Bill of Rights

Fifth – Grand Jury, Double Jeopardy, right not to bear witness against yourself, cannot be deprived of property without due process

Sixth – Right to a speedy and public trial, know the charges, confront the witness, counsel, and jury of peers

Seventh – Right to a jury in a civil case

Eighth-No excessive bails, No cruel and unusual punishments

Ninth – People cannot be denied of rights not listed in the constitution

Tenth – All Powers not listed are reserved for the States and/or the people- States Rights Amendment