Transcript Supreme Court Cases

After the War
What you need to know
• Difference between democracy & republic
• Structure of government under Articles of
Confederation
• Powers Congress had / didn’t have
• Land Ordinance of 1785
• Northwest Ordinance of 1787
• Economic problems US faced
• Political problems between states
• Remaining issues between US & Britain
• Issue between US & Spain
So, the US won…now what?
• Arguments begin about how new
nation will be governed
• The 13 colonies were run separately
• They thought of themselves as
citizens of their state, not of the USA
So, the US won…now what?
• Easy to find common ground if
there’s a common enemy
• States didn’t want to unite as one big
national government
• Wanted to keep all the power local
So, the US won…now what?
• Democracy
– Government run by public directly
– Absolutely not – general public
uneducated and dirty
• Republic
– Government run by elected reps
– More like it – limits input by public
Views on Republicanism
• Govts rule by consent of people
• How can government succeed?
– Some argued only way is selflessness
– Others argued people should pursue
their own interests – total freedom
States write constitutions
• New states wrote own constitutions
• All of them:
– Limited powers of state leaders
– Gave people rights (speech, press, etc.)
• How they were different:
– Different rules for voting
– NJ even allowed women to vote
US was very different
• Most countries in late 19th Century
still ruled by kings
• There was nowhere USA could look to
for ideas on how to run new country
– There were countries that had elected
leaders but they didn’t have 2 layers of
government
Debates of Continental Congress
• Congress argued about several things:
• Representation by state or by person?
– If states have equal vote – citizens
within small states get more influence
– If by population – big states stronger,
small states maybe taken advantage of
• Decided each state got 1 vote
Articles of Confederation
• New form of gov – confederation
– Alliance of self-ruling states
• AoC was alliance between states
– Also alliance bet. all states & Congress
What Congress controlled
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Foreign policy (included natives)
Declaring war
Coinage of money
Postal service
Set standards of weight & measure
What states controlled
• Everything else
–(almost everything)
• Congress had no way to force states
to follow its rulings
– No national courts
– No executive (president)
Lands west of Appalachians
• States argued
with each other
over who had
rights to lands
to the west
• Lots of overlap
Lands west of Appalachians
• Land claims = big money and power
• States w/o western claims were
scared big states would take
advantage of them
• States agreed to give western lands
to Congress
– For fairness
– So all states would agree to join the
confederation
Land Ordinance of 1785
• Plan to survey land
• Congress owed money to soldiers (in
bonds)
– Could raise money by selling land
– Sell parcels of land – allowed for
working men to build new life
– New cities – protection from natives
Northwest Ordinance of 1787
• Set up how new states could form
– Congress set up territory, name
governor
– When have 5000 voters – can write
territory constitution
– When have 60,000 voters –can apply for
statehood from Congress
– No thought about land claims of natives
Trouble in paradise
• Economic problems
– HUGE DEBT
– Wars are expensive
– Wars cost a lot of money
– Wars leave countries in debt
– Also, wars are expensive
Trouble in paradise
• Economic problems
– Owed large sums to foreign countries
– France, Spain, and Netherlands helped
finance war with loans – need to pay
debt
–If you don’t pay your debt,
no one will ever lend you
money again
So why not just pay the debt?
• Paper money was worthless
– Until they had gold to back it up
• Congress couldn’t tax
– Approval of all states needed to set up
a tax – couldn’t get approval
– Then, tried to set up a tariff – needed all
13 states – Rhode Island refused
Creditors vs. debtors
• Creditors who had lent $ to states
wanted states to have high taxes
– States would then have $ to repay them
• High taxes bad for regular people
– If they could pay, gov makes $
– If they couldn’t, they’d go bankrupt /
gov would take property & auction it
Creditors vs. debtors
• Debtors wanted national government
to print more paper money
– More printed $ makes value drop
– Easier to come by, easier to pay debts
– Creditors get $ they’re owed, but not
worth the same as when they lent it
Political problems
• No national unity
– States function independently – didn’t
care what’s best for US as a whole
• States were equal in power
– But MA was more than 10x as big as GA
Political problems
• Changes to Articles of Confederation
had to be unanimous
– Nearly impossible for all 13 to agree
– One state could be obnoxious
Foreign relations problems
• British soldiers were still in US
– Demanded US repaid debts
– Demanded US to repay loyalists who
lost property during the war
• Spain controlled New Orleans
– Refused to let US ships travel from
Mississippi River to the sea
Foreign relations problems
• Congress wasn’t really given right to
handle foreign policy problems
– Everything they needed to do required
all 13 states to agree
• Made US weak – need stronger
government to fix big problems
Drafting the
Constitution
What you need to know
• Story of Shays’ Rebellion
– Why is it important?
• Economic problems that led to Constitution
• Philadelphia Convention
– Great Compromise
– Slavery compromises (3/5 & slave trade)
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Federalism
Separation of powers
Checks & balances
Electoral College
Story of Daniel Shays
• Farmhand from MA
• Fought for US for 5
yrs – became captain
• Discharged wounded
• Never actually paid
• Went home, was
sued for farm debts
• Farm was foreclosed
Shays’ Rebellion
• Many others in same situation
–Mistreated when they got home
–This was nationwide problem
• Farmers in MA rebel against rich
businessmen squeezing them
Shays’ Rebellion
• Riots all over
–But most police on Shays’ side
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MA can’t stop riot themselves
Asked other states for help
No help came
Natl gov was too weak to help
Reaction to Shays’ Rebellion
• Convinced many that stronger
natl gov was needed
–Should be able to solve problems
that are this big
Other problems
• States put restrictions on
companies from other states
–High taxes, trade limits, etc.
• Hurt economic future of US
–Hard for businesses to grow
Annapolis Convention
• Meeting of states to discuss &
solve trade issues
– Called by Madison & Hamilton
– Met in Annapolis, MD
– Only 5 states went – not enough
• Then Shays’ Rebellion happened
– Scared many people
Philadelphia Convention
• After Shays’ Rebellion
• 12 states attended (not RI)
• Revise Articles of Confederation
–Don’t throw AoC out & start over
–Just make natl gov stronger
Arguments & compromises
• VA Plan (for big states)
–VA was biggest state
–Create bicameral Congress
w/both houses by population
• Angered small states – would
be easily taken advantage of
Arguments & compromises
• NJ Plan (for small states)
–NJ was one of the small states
–Remain a unicameral Congress
–All states equal vote
• Angered big states – big state
voters would have less power
Arguments & compromises
• Great Compromise
–aka CT Compromise
–Roger Sherman’s suggestion
–Create a bicameral Congress
–House by population
–Senate each state 2 members
Arguments & compromises
• If population sets representation,
should slaves count?
–South: YES – get more power
–North: NO – keep south from
getting too much power
Arguments & compromises
• 3/5 Compromise
–60% of slaves count
toward state’s population
Arguments & compromises
• Slave trade compromise
–North wanted slave trade
(importation) ended immediately
–South wanted it to continue
–Agreed it couldn’t be banned for
first 20 yrs, then fair game
The New System
• Scrapped confederation
• Set up federalism
–Split up power b/w natl & states
–Natl has some political powers
–States have some
–Some powers they share
Federalism
• Examples of national powers
–Foreign affairs – war & peace
–Regulating interstate commerce
• Business done across state lines
–Coining money
Federalism
• Examples of state powers
–Education
–Marriages
–Regulating intrastate commerce
• Business inside a state’s boundary
Federalism
• Shared between natl & state
–Taxes
–Courts
–Law enforcement
Separation of Powers
• Original idea of Montesquieu
• Split gov power into 3 branches
in Constitution:
–Legislative power
–Executive power
–Judicial power
Congress
President
Courts
Checks & balances
• Each branch has powers over the
other two branches
– Congress writes laws, but president
can veto them
– President can appoint people to
positions, but Senate must approve
– Congress can pass laws, but courts
can rule them unconstitutional
Electing the President
• No parties, bad communications &
travel = maybe too many candidates
• Founders didn’t trust middle class
– Scared they’d vote out the rich
– Poor couldn’t vote anyway
Electing the President
• Agreed Congress would elect
– But which house of Congress?
– Same big / small state argument
• Created independent group to elect –
Electoral College
– Each state’s votes = House + Senate
What you need to know
• Story of Shays’ Rebellion
– Why is it important?
• Economic problems that led to Constitution
• Philadelphia Convention
– Great Compromise
– Slavery compromises (3/5 & slave trade)
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Federalism
Separation of powers
Checks & balances
Electoral College
Ratifying the
Constitution
What you need to know
• Who were Federalists
– What did they argue for
– Who wrote Federalist Papers
– What did Federalist Papers say
• Who were Antifederalists
– What did they argue against / for
• What is Bill of Rights
– How does it protect rights
Federalists & Antifederalists
• Constitution surprised Americans b/c
of BIG changes to existing system
• Made many people mad
• States held conventions to ratify –
voters elected people to conventions
• 9 of 13 states required to ratify
Federalists
• Supporters of Constitution
– Liked balance b/w state & natl govs
– Natl gov controlled by division of
power / checks & balances
• Mainly urban & rich – strong
gov protects trade & business
The Federalist Papers
• Series of newspaper editorials
argued for Constitutional ratification
• Published by:
– James Madison
– Alexander Hamilton
– John Jay
The Federalist Papers
• Explained & justified the Constitution
• Argued that separation of powers
protects the people
• Argued that factions were bad and
that Americans should be united
Antifederalists
• Argued against ratification
• Feared strong natl gov
– It would favor rich minority
– Would require too many taxes
• Mainly appealed to:
– Rural people
– Large states scared they’d give up
power to strong natl gov
Antifederalists
• Leading antifederalists:
–Patrick Henry
–Samuel Adams
–Richard Henry Lee
Antifederalists
• Letters From a Federal Farmer
–Written by R.H. Lee
–Argued for freedoms of religion,
press / rights of accused
–Strong natl gov would take away
important rights
Bill of Rights
• Constitution included nothing
to guarantee personal rights
–Feds: If people can select their
gov, they won’t pick bad people
–Antifeds: Include it just in case
Bill of Rights
• Feds agreed to include BoR if
states would ratify constitution
– Congress would add amendments
once it started meeting
Ratification
• 1st state to ratify was Delaware
• Georgia was 4th
• VA & NY – heated debates but
ratified eventually
• New natl gov established 1789
Bill of Rights adopted
• Congress proposed 12 amendments
• 10 ams ratified by required ¾ states
Bill of Rights
• 1st – personal freedoms
– Religion, speech, press, etc.
• 2nd & 3rd – protection from gov
– Guns / no soldiers forced on home
• 4th – 8th – rights of accused
• 9th & 10th – limits on national gov
powers over people & states
What’s not in Bill of Rights
• Rights for women
• Rights for slaves
• Rights for Native Americans
What you need to know
• Who were Federalists
– What did they argue for
– Who wrote Federalist Papers
– What did Federalist Papers say
• Who were Antifederalists
– What did they argue against / for
• What is Bill of Rights
– How does it protect rights