🫡State and Federal Constitutions Unit 3 – Articles of Confederation & Constitution

Historical Context

• American Revolution (1765-1783) led to the need for a new form of government for the newly independent colonies
• Declaration of Independence (1776) asserted the colonies' right to self-governance and separation from British rule
• Revolutionary War ended with the Treaty of Paris (1783), officially recognizing the United States as an independent nation
• Challenges faced by the new nation included establishing a stable government, managing war debts, and maintaining unity among the states
• Inadequacies of the Articles of Confederation, the nation's first governing document, became apparent in the post-war period
  • Weak central government lacked the power to effectively address national issues
  • Economic instability and interstate disputes highlighted the need for a stronger federal system

Key Players and Influences

• Founding Fathers played crucial roles in shaping the Articles of Confederation and the Constitution
  • James Madison, often called the "Father of the Constitution," was a key figure in drafting the document
  • Alexander Hamilton advocated for a strong central government and played a significant role in the ratification process
• Philosophers and political thinkers, such as John Locke and Baron de Montesquieu, influenced the Founders' ideas about government
  • Locke's concept of natural rights and the social contract theory shaped the Declaration of Independence and the Constitution
  • Montesquieu's ideas about the separation of powers and checks and balances influenced the structure of the federal government
• Federalists, led by Hamilton and Madison, supported a strong central government and the Constitution
• Anti-Federalists, such as Patrick Henry and George Mason, opposed the Constitution, fearing it would lead to a tyrannical central government
• The Federalist Papers, a series of essays written by Hamilton, Madison, and John Jay, played a crucial role in the ratification debate

Articles of Confederation: Structure and Weaknesses

• The Articles of Confederation, adopted in 1777 and ratified in 1781, served as the first constitution of the United States
• Established a loose confederation of sovereign states with a weak central government
  • The national government consisted of a single legislative body, the Congress of the Confederation
  • No executive or judicial branches were established
• Major weaknesses of the Articles included:
  • Inability to levy taxes or regulate commerce, relying on voluntary contributions from the states
  • Lack of a national currency or the power to coin money
  • No power to raise a national army, relying on state militias
  • Amendments required unanimous consent of all states, making changes difficult
• Shays' Rebellion (1786-1787), an armed uprising in Massachusetts, highlighted the government's inability to maintain order and stability

Constitutional Convention: Debates and Compromises

• The Constitutional Convention, held in Philadelphia from May to September 1787, aimed to revise the Articles of Confederation
• Delegates, including James Madison, Alexander Hamilton, and Benjamin Franklin, ultimately decided to create a new constitution
• Major debates and compromises at the Convention included:
  • The Virginia Plan, proposed by Madison, called for a strong central government with representation based on population
  • The New Jersey Plan, favored by smaller states, sought to maintain the structure of the Articles with equal representation for each state
  • The Great Compromise (Connecticut Compromise) established a bicameral legislature with proportional representation in the House and equal representation in the Senate
  • The Three-Fifths Compromise addressed the issue of slave representation, counting three-fifths of the slave population for determining representation and taxation
• Delegates also debated the powers of the executive branch, the role of the judiciary, and the balance between state and federal authority

The Constitution: Structure and Principles

• The U.S. Constitution, ratified in 1788, established a federal system of government with a stronger central government than under the Articles
• The Constitution is organized into seven articles, outlining the structure and powers of the federal government
  • Article I establishes the legislative branch (Congress) and its powers
  • Article II creates the executive branch (the President) and defines its authority
  • Article III establishes the judicial branch (the Supreme Court and lower federal courts)
• The Constitution incorporates key principles, such as:
  • Separation of powers: dividing the government into three distinct branches (legislative, executive, and judicial) to prevent the concentration of power
  • Checks and balances: each branch has the ability to limit the powers of the other branches, ensuring a balance of power
  • Federalism: dividing power between the federal government and the states, with the Constitution as the supreme law of the land
  • Individual rights: the Bill of Rights (first ten amendments) guarantees specific freedoms and protections for citizens
• The amendment process, outlined in Article V, allows for changes to the Constitution to adapt to changing times and needs

Ratification Process and Debates

• The Constitution required ratification by nine out of the thirteen states to be enacted
• Federalists, who supported the Constitution, argued that a strong central government was necessary for the nation's stability and prosperity
  • The Federalist Papers, written by Hamilton, Madison, and Jay, made a compelling case for ratification
  • Federalists believed that the Constitution provided sufficient checks and balances to prevent tyranny
• Anti-Federalists opposed the Constitution, fearing that it would lead to a powerful and oppressive central government
  • They argued that the Constitution lacked sufficient protections for individual rights and state sovereignty
  • Anti-Federalists pushed for the inclusion of a Bill of Rights to safeguard individual liberties
• The ratification process sparked intense debates in state conventions, with close votes in several key states (Massachusetts, Virginia, New York)
• Ultimately, the Constitution was ratified by all thirteen states, with Rhode Island being the last to ratify in 1790

Comparison: Articles vs. Constitution

• The Articles of Confederation and the Constitution represented different approaches to governance in the early United States
• Key differences between the two documents include:
  • Central government: the Articles created a weak central government, while the Constitution established a stronger federal government with more powers
  • Branches of government: the Articles had only a legislative branch, while the Constitution created three separate branches (legislative, executive, judicial)
  • Taxation and commerce: the Articles did not give the central government the power to tax or regulate commerce, while the Constitution granted these powers to Congress
  • Amendment process: the Articles required unanimous consent of all states for amendments, while the Constitution requires a two-thirds majority in both houses of Congress and ratification by three-fourths of the states
• The Constitution addressed many of the weaknesses of the Articles, creating a more effective and stable system of government
  • The Constitution's balance of power, checks and balances, and federalism provided a foundation for the nation's growth and development

Legacy and Modern Relevance

• The Constitution has served as the supreme law of the United States for over 230 years, guiding the nation through significant challenges and changes
• The Constitution's adaptability, through the amendment process, has allowed it to remain relevant and responsive to the needs of a growing nation
  • 27 amendments have been ratified since the Constitution's adoption, addressing issues such as civil rights, voting rights, and presidential succession
• The Constitution's principles, such as separation of powers and federalism, continue to shape American politics and government
  • Debates over the proper balance between federal and state power, as well as the scope of individual rights, often reference the Constitution and its interpretation
• The U.S. Constitution has influenced the constitutions of other nations, serving as a model for democratic governance and the protection of individual rights
• Ongoing debates about constitutional interpretation, such as originalism vs. living constitutionalism, reflect the document's enduring significance in American legal and political discourse