Some_American_History

Narciso Retana III 12/15/2009 Final Draft Social studies essay Articles of Confederation-The Second Continental Congress told a committee to make a new plan for government. After the two groups debated the plan was adopted by congress in 1777. The plans name was called the Articles of Confederation. The articles provided for a new central government under which the states gave up a little bit of their power. While under the articles the states retained its sovereignty, freedom, and independence. The government could conduct foreign affairs, maintain armed forces, borrow money, and issue currency. The government still could not regulate trade, force citizens to join the army, or impose taxes. If the government needed troops or money they had to consult with the states legislature and ask the states before taking anything. The states did not have to contribute anything. Each state only had one vote and just like an amendment it to had to be approved. Maryland did not want to approve the Articles because of some land issues including New York, Virginia, and a few other states. After all the states settled their issues all thirteen states approved of the Articles. On March1, 1781 the confederation formally became the government of the U.S. The articles of confederation did not provide a government strong enough to handle the problems lying ahead. Congress had limited authority and could not pass a law unless nine states voted in favor of it. If they wanted to change the articles, congress had to consult with the states and all thirteen states had to approve. This made it hard for congress to change anything. Even though the system was weak they still accomplished many important things. Philadelphia convention-Some leaders that disagreed on different issues on government demanded for a reform of the Articles of Confederation. James Madison, a Virginia planter, and Alexander Hamilton, a New York lawyer, were two Americans that wanted change. On September 1786, Hamilton called for a convention in Philadelphia to discuss issues on trade. Hamilton made another suggestion to the convention to consider possible changes that were needed. Hamilton said that, “the Constitution of the Federal Government adequate to the exigencies [needs] of the Union.” At first George Washington was not enthusiastic about the movement to revise the articles. When the news of Shay’s rebellion got to George, he decided to go to the meeting then the. Since George went the meeting took on a greater significance. The Philadelphia meeting was started in May 1787. The fifty five delegates that attended the meeting included planters, merchants, lawyers, physicians, generals, governors, and a college president. There were only three people in the meeting that were under 30 years of age, and Benjamin Franklin was over 80 years of age. Native Americans, African Americans, and women were not considered part of the political process so none attended. Since George Washington and Benjamin Franklin were trusted, the people trusted the conventions work. James Wilson would read most of Ben Franklin’s speeches and did some work and details on the constitution. Governor Morris a, powerful speaker and writer, wrote the final draft of the constitution. James Madison took careful notes on the convention; this was the key source of information for the convention. Madison is often called the Father of the Constitution because he was the author of the basic plan of government that the convention adopted. George Washington was unanimously chosen to preside over all the meetings, and that is how the Philadelphia convention began. They also decided that each state would only get one vote on each question. This meeting or session was kept a secret from the public. This was important because it allowed the delegates to talk when they wanted. After the rules were adopted the convention opened with a surprise; it came from the Virginia delegation. Edmund Randolph thought that they should not revise the articles; he thought that they should just make a new stronger government. That is when Randolph brought up the Virginia plan which James Madison mostly worked on. The Virginia plan proposed that there should be a two house legislature, a chief executive chosen by legislature and a court system. In both houses they will be corresponding and even. The plan also said that the number of representatives would be proportional with the state’s population, so that meant that the smaller states would have fewer representatives. The smaller states objected to this idea and they wanted to stick with the confederation system where all states are equally represented. William Patterson presented an alternative plan which revised the Articles of Confederation for those who were not happy with the Virginia Plan. The New Jersey plan kept the confederation’s one house legislature with one vote for each state. Congress however was able to set taxes and regulate trade. These are powers congress did not have while under the articles. Paterson argued that the convention should not deprive the smaller states of the equality they had under the articles. His plan was supposed to simply amend the articles. Delegates from the convention had to choose whether or not they are revising the articles or if they were going to write a constitution for a new national government. On June 19th, 1788 the states voted to work toward a national government based on the Virginia Plan. Roger Sherman suggested what came to be known as the Great Compromise. A compromise is an agreement between two sides in which each side gives up something of interest. Sherman proposed a two house legislature. In the lower house, the House of Representatives represent the number of seats for each state according to the state’s population. In the upper house, the senate would have two members for each state. There was another problem, should the states include the enslaved people as part of their population. The southern states wanted to count them so they could have more delegates, but the northerners wanted them counted for the purpose of taxation and not for representation. Still on both sides they didn’t want enslaved people to be given the right to vote. The solution would be the Three-fifths compromise. This made it so that each enslaved person counted for only 3/5 of a freed person. They were also taxed. On July 12, 1788the convention delegates voted to approve the three-fifths compromise. Four days later they agreed that each state would get two senators. Federalism is the sharing power between the federal and state governments and is one of the distinctive features about the U.S. government. The federal governments gained powers such as taxing, regulating trade, controlling the currency, raise an army, and declaring war. The government could also pass laws that were necessary and proper for carrying out its responsibilities. The constitution gave important powers to the states instead of the government, such as law enforcement and trade within borders. The states could also build or establish schools, local governments, and other institutes. Federal and state governments were allowed to tax and build roads if they wanted. In shorter terms, the separate states were allowed to do what they wanted to do as long as they obeyed the laws. Three branches of government * Legislative branch-Article I of the constitution establishes congress, the legislative branch, or law making branch. The powers of congress include collecting money, regulating trade, and coining money. Congress may declare war and raise or support armies. Lastly it makes all laws needed to fulfill the functions given to it as stated in the constitution. * The executive branch-Article II of the constitution established the executive branch, or the president to carry out foreign affairs and to be commander and chief of the armed forces. The president is also there to carry out the constitutions policies. The president and the vice president are elected by a special group called the Electoral College. This group is made up of presidential electors. These two presidents only serve a four year term. * The judicial branch-Article III of the constitution is the judicial branch or court system of the U.S. The Supreme Court and federal courts hear cases that have to do with constitution, laws passed by congress, and disputes between states. System of checks and balances-Well since there are three branches, legislative, judicial, and executive, the system of checks and balances makes sure that not any one branch can over throw the government. Each branch is designed to check each other in case there is something wrong and balance each other out. Amendment-Framers purposely made the amendment process hard to discourage minor or frequent changes being made. Even though thousands of amendments have had been proposed since 1788 only 27 of them have been made a part of the constitution. An amendment may be proposed in two ways: by the vote of two thirds of both houses of congress or by two thirds of the states legislatures asking for a special convention on the amendment. In order for someone to ratify an amendment, it takes three fourths of the states to approve of it. Popular Sovereignty-The government is only what the people want. The people vote for the people that they want in the different houses. That is what popular sovereignty is. Popular sovereignty is the authority of the people. I like this because if the government messes up then the people of the U.S. can’t blame the government. They can blame themselves for voting for the people that they wanted in the different houses and they can blame the government for their errors. Republicanism-With republicanism the voter holds sovereign power. People elect the representatives and give them responsibility to make laws and conduct government. Limited government- Framers could see that in a strong government there are always benefits and risks. The government could misuse the power and eventually destroy the system, so they agreed that each group could take away another groups powers to prevent some parts of government from having too much power. They also made sure that the government would only get the powers the people wanted them to have. Limited government can be described as the, “rule of law.” Neither people nor any group is above the law. All government officials must obey the law as well. Separation of Powers-To make sure that not any group or institution in government takes too much power the Framers made three branches of government: legislative, executive, and judicial. Each branch such as the legislative branch or congress can make laws. The executive branch and the president carry out the laws. The judicial branch, the Supreme Court, and other federal courts interpret and apply the laws. Individual rights-In 1791 the Bill of Rights became a part of the constitution. The first ten amendments protect basic liberties and rights. Some rights or liberties would include freedom of speech, freedom of the press, freedom of assembly, freedom of religion, and the right to a trial by jury. The next 17 amendments that come after the bill of rights expand the rights of citizens and adjust certain provisions of the constitution. Some of the amendments include abolishing slavery, defining citizenship, guaranteeing the right to vote to all citizens, authorize an income tax, and set a two term limit on the presidency. Bill of Rights-A lot of people thought that the constitution should have guarantees or personal liberties, so James Madison proposed some amendments that would soon be called the Bill of Rights. Congress passed twelve of them with only 10 being ratified. On December 1791, the 10 amendments were added to the constitution and became known as the Bill of Rights. The bill of rights limits the powers of government and its purpose is to protect the rights of individual liberty. The tenth amendment protects the rights of states and individuals by saying that powers not specifically given to the federal government “are reserved to the states respectively or to the people.” 1. Guarantees freedom of religion, speech, assembly, and press, and the right of people to petition the government. 2. Protects the rights of states to maintain a militia and of citizens to bear arms. 3. Restricts quartering of troops in private homes. 4. Protects against “unreasonable searches and seizures.” 5. Assures the right not to be deprived of “life, liberty, or property, without due process of law.” 6. Guarantees the right to a speedy and public trial by an impartial jury. 7. Assures the right to a jury trial in cases involving the common law (the law established by previous court decisions) 8. Protects against excessive bail, or cruel and unusual punishment. 9. Provides that people’s rights are not restricted to those specified in the first eight amendments. 10. Restates the constitution’s principle of federalism by providing that powers not granted to the national government nor prohibited to the states are reserved to the states and to the people.