The document discusses the provisions and defects of the Articles of Confederation, which established a weak federal government after the American Revolutionary War. It led to issues like states imposing tariffs on each other. This prompted the drafting of a new Constitution at the Constitutional Convention to create a stronger federal government with powers like taxation. However, there were disagreements between large and small states over representation. Compromises were reached, including equal representation of states in the Senate and proportional representation based on population in the House.

1. The Constitution
A Christopher Rice Digital File

4. The lesson here?

5. Political motives are
never neutral…

6. …and the truth is like an
onion skin.

9. The Articles (1777) created
in law what had already
existed in practice since
Declaration of
Independence…

10. The Articles (1777) created
in law what had already
existed in practice since
Declaration of
Independence…
…a loose confederation
of independent states.

12. Provisions of the Articles
1. Could make war/peace, but no power to
levy taxes to pursue either.
2. Could not regulate interstate commerce, nor
deny states the right to collect customs
duties.
3. No independent executive to insure laws
passed by Congress enforced.
4. No national court system to settle interstate
disputes.
5. All legislation required approval of 9 of 13
states, making action almost impossible.
6. Defects in the Articles were difficult to
remedy – amendments required unanimous
approval of the states.

13. Provisions of the Articles
1. Could make war/peace, but no power to
levy taxes to pursue either.
2. Could not regulate interstate commerce, nor
deny states the right to collect customs
duties.
3. No independent executive to insure laws
passed by Congress enforced.
4. No national court system to settle interstate
disputes.
5. All legislation required approval of 9 of 13
states, making action almost impossible.
6. Defects in the Articles were difficult to
remedy – amendments required unanimous
approval of the states.

14. Provisions of the Articles
1. Could make war/peace, but no power to
levy taxes to pursue either.
2. Could not regulate interstate commerce, nor
deny states the right to collect customs
duties.
3. No independent executive to insure laws
passed by Congress enforced.
4. No national court system to settle interstate
disputes.
5. All legislation required approval of 9 of 13
states, making action almost impossible.
6. Defects in the Articles were difficult to
remedy – amendments required unanimous
approval of the states.

15. Provisions of the Articles
1. Could make war/peace, but no power to
levy taxes to pursue either.
2. Could not regulate interstate commerce, nor
deny states the right to collect customs
duties.
3. No independent executive to insure laws
passed by Congress enforced.
4. No national court system to settle interstate
disputes.
5. All legislation required approval of 9 of 13
states, making action almost impossible.
6. Defects in the Articles were difficult to
remedy – amendments required unanimous
approval of the states.

16. Provisions of the Articles
1. Could make war/peace, but no power to
levy taxes to pursue either.
2. Could not regulate interstate commerce, nor
deny states the right to collect customs
duties.
3. No independent executive to insure laws
passed by Congress enforced.
4. No national court system to settle interstate
disputes.
5. All legislation required approval of 9 of 13
states, making action almost impossible.
6. Defects in the Articles were difficult to
remedy – amendments required unanimous
approval of the states.

17. Provisions of the Articles
1. Could make war/peace, but no power to
levy taxes to pursue either.
2. Could not regulate interstate commerce, nor
deny states the right to collect customs
duties.
3. No independent executive to insure laws
passed by Congress enforced.
4. No national court system to settle interstate
disputes.
5. All legislation required approval of 9 of 13
states, making action almost impossible.
6. Defects in the Articles were difficult to
remedy – amendments required unanimous
approval of the states.

18. Problems with the Articles

19. Problems with the Articles
• Government unable to finance its
activities.
• Colonial money almost worthless,
government couldn’t borrow.
• Couldn’t defend US interests abroad
because no standing army.
• Difficult to make treaties: lack of single
executive, Congressional actions could
be vetoed by States.
• Government couldn’t prevent outbreak
of interstate commercial warfare.

20. Problems with the Articles
• Government unable to finance its
activities.
• Colonial money almost worthless,
government couldn’t borrow.
• Couldn’t defend US interests abroad
because no standing army.
• Difficult to make treaties: lack of single
executive, Congressional actions could
be vetoed by States.
• Government couldn’t prevent outbreak
of interstate commercial warfare.

21. Problems with the Articles
• Government unable to finance its
activities.
• Colonial money almost worthless,
government couldn’t borrow.
• Couldn’t defend US interests abroad
because no standing army.
• Difficult to make treaties: lack of single
executive, Congressional actions could
be vetoed by States.
• Government couldn’t prevent outbreak
of interstate commercial warfare.

22. Problems with the Articles
• Government unable to finance its
activities.
• Colonial money almost worthless,
government couldn’t borrow.
• Couldn’t defend US interests abroad
because no standing army.
• Difficult to make treaties: lack of single
executive, Congressional actions could
be vetoed by States.
• Government couldn’t prevent outbreak
of interstate commercial warfare.

23. Problems with the Articles
• Government unable to finance its
activities.
• Colonial money almost worthless,
government couldn’t borrow.
• Couldn’t defend US interests abroad
because no standing army.
• Difficult to make treaties: lack of single
executive, Congressional actions could
be vetoed by States.
• Government couldn’t prevent outbreak
of interstate commercial warfare.

24. Shays’ Rebellion
One of the first US populist uprisings

25. Populism
Hostility of the common person to
power and the powerful

27. 2 Flavors

28. liberal populism

30. conservative populism

32. Problem of Farmer Debt

34. Fear of Democracy Getting
Out of Hand…

35. Shays’ Rebellion
One of the first US populist uprisings

36. What is the proper
role of the majority?

37. Liberty vs. Equality

38. The Goldilocks Problem
• Articles too weak –
needed stronger
national government
for nation-building.
• Needed to avoid
strengthening central
government too
much to avoid
tyrannical
government.

39. The Goldilocks Problem
• Articles too weak –
needed stronger
national government
for nation-building.
• Needed to avoid
strengthening central
government too
much to avoid
tyrannical
government.

40. The Goldilocks Problem
• Articles too weak –
needed stronger
national government
for nation-building.
• Needed to avoid
strengthening central
government too
much to avoid
tyrannical
government.

41. A
Republic!
(...if you can keep it!)

42. A
Republic!
(...if you can keep it!)

43. Objectives of a Republican
Form of Government

44. Government based on Government possesses
popular consent limited power

45. The Constitutional Convention
May 25 - September 17, 1787

46. The Aerogel Revolution?

47. Structural Compromises

48. The Virginia Plan
• Bicameral Legislature
– Lower House popularly
elected, apportioned by
population.
– Upper House elected by
Lower House.
• Single Executive
• Federal Judiciary
• Supremacy Clause

49. The Virginia Plan
• Bicameral Legislature
– Lower House popularly
elected, apportioned by
population.
– Upper House elected by
Lower House.
• Single Executive
• Federal Judiciary
• Supremacy Clause

50. The Virginia Plan
• Bicameral Legislature
– Lower House popularly
elected, apportioned by
population.
– Upper House elected by
Lower House.
• Single Executive
• Federal Judiciary
• Supremacy Clause

51. The Virginia Plan
• Bicameral Legislature
– Lower House popularly
elected, apportioned by
population.
– Upper House elected by
Lower House.
• Single Executive
• Federal Judiciary
• Supremacy Clause

52. The Virginia Plan
• Bicameral Legislature
– Lower House popularly
elected, apportioned by
population.
– Upper House elected by
Lower House.
• Single Executive
• Federal Judiciary
• Supremacy Clause

53. • Cautious revision of Articles, not
a wholly new approach.
• Small-state delegates figured out
they were getting pwnd.
• Madison could have run
roughshod over small-state
delegates, but didn’t.
New Jersey Plan

54. • Cautious revision of Articles, not
a wholly new approach.
• Small-state delegates figured out
they were getting pwnd.
• Madison could have run
roughshod over small-state
delegates, but didn’t.
New Jersey Plan

55. “You see the consequences of pushing
things too far. Some members from the
small states wish for two branches in
the General Legislature and are
friends to a good National
Government; but we would sooner
submit to a foreign power than…be
deprived of an equality of suffrage in
both branches of the legislature, and
thereby be thrown under the
domination of the large States.”
John Dickinson, Delaware

56. • Cautious revision of Articles, not
a wholly new approach.
• Small-state delegates figured out
they were getting pwnd.
• Madison could have run
roughshod over small-state
delegates, but didn’t.
New Jersey Plan

57. Recognition of hard political
reality, NOT an acquiescence
to “states’ rights”

58. • Favored strong national
government in principle,
opposed domination of large
states
• Unicameral legislature (one vote
each state)
• Supremacy Clause
New Jersey Plan

59. • Favored strong national
government in principle,
opposed domination of large
states
• Unicameral legislature (one vote
each state)
• Supremacy Clause
New Jersey Plan

60. • Favored strong national
government in principle,
opposed domination of large
states
• Unicameral legislature (one vote
each state)
• Supremacy Clause
New Jersey Plan

61. Hamilton’s Wacked-Out
Monarch-for-Life Plan

64. “No thanks!

65. Hamilton’s Wacked-Out
Monarch-for-Life Plan

66. • Paterson lost, but did
achieve his purpose…
New Jersey Plan

67. The Connecticut
Compromise

68. The Connecticut
Compromise
• Article I, Sections 2 & 3
• Bicameral Legislature
– Lower House apportioned by
population, popularly elected.
– Upper House equal
representation (2), selected
by State Legislatures.
• Supremacy Clause (Article
VI, Section 2)

69. The Connecticut
Compromise
• Article I, Sections 2 & 3
• Bicameral Legislature
– Lower House apportioned by
population, popularly elected.
– Upper House equal
representation (2), selected
by State Legislatures.
• Supremacy Clause (Article
VI, Section 2)

70. The Connecticut
Compromise
• Article I, Sections 2 & 3
• Bicameral Legislature
– Lower House apportioned by
population, popularly elected.
– Upper House equal
representation (2), selected
by State Legislatures.
• Supremacy Clause (Article
VI, Section 2)

71. The Connecticut
Compromise
• Article I, Sections 2 & 3
• Bicameral Legislature
– Lower House apportioned by
population, popularly elected.
– Upper House equal
representation (2), selected
by State Legislatures.
• Supremacy Clause (Article
VI, Section 2)

72. The Connecticut
Compromise
• Article I, Sections 2 & 3
• Bicameral Legislature
– Lower House apportioned by
population, popularly elected.
– Upper House equal
representation (2), selected
by State Legislatures.
• Supremacy Clause (Article
VI, Section 2)

73. Other Compromises

74. The Three-Fifths Compromise

75. Presidential Elections

76. What is the proper
role of the majority?

77. Checks on the Majority
• Selection of Senators
• Bicameral Congress
• Independent (non-elected)
• Judiciary
• Electoral College

78. Checks on the Majority
• Selection of Senators
• Bicameral Congress
• Independent (non-elected)
• Judiciary
• Electoral College

79. Checks on the Majority
• Selection of Senators
• Bicameral Congress
• Independent (non-elected)
Judiciary
• Electoral College

80. Checks on the Majority
• Selection of Senators
• Bicameral Congress
• Independent (non-elected)
Judiciary
• Electoral College

81. Constitutional Checks on the Majority
House of
The People 1 Repesentatives
1
Ap
pro
val
2 Senate ofN
State om
ina
Legislatures tion
s
2 President Supreme
Electoral 3 4 Court
College

82. Fragmented Government

83. #1: Separation of Powers

84. Central Government /
Authority
Executive
Legislative
Judicial

85. Legislative
Executive Judicial

86. #2: Checks & Balances

87. Can override president’s veto
Can impeach and remove CONGRESS
president Can reject judicial nominees
Can reject appointees Can impeach and remove
Can investigate presidential judges
actions Can create lower courts
Can reject presidential requests for Can amend laws or propose
laws and funds constitutional amendments to
Can refuse to ratify treaties Can declare laws change court decisions
unconstitutional
Can veto bills passed by Congress
Can recommend legislation
Vice-President can break ties in Senate
Can call special sessions
Nominates judges, Supreme Court
justices
Can pardon, commute sentences of
those convicted in federal courts
SUPREME
PRESIDENT
Can declare presidential
COURT
actions unconstitutional

88. #3: Federalism

89. Federalism
A system of government
under which significant
government powers are
divided between the central
government and smaller
governmental units.

90. VS.

91. American Federalism:
A multiplicity of governing
levels and units

92. 1

93. 50

94. 1000’s

95. All of these governments
are related to each other
in a particular way.

96. federal system

97. “The true theory of our
Constitution is that the
states are independent as
to everything within
themselves, and united as
to everything respecting
foreign nations.”
~
Thomas Jefferson

101. Federalism
A Key Structural Characteristic of
American Government

102. How Federalism is Embodied in
the Constitution
• Constitution makes central
government supreme in certain
matters,
• BUT makes clear state governments
have independent powers.
• Supremacy Clause
• Article I, Section 8
• Tenth Amendment (Reservation
Clause)

103. How Federalism is Embodied in
the Constitution
• Constitution makes central
government supreme in certain
matters,
• BUT makes clear state governments
have independent powers.
• Supremacy Clause
• Article I, Section 8
• Tenth Amendment (Reservation
Clause)

105. How Federalism is Embodied in
the Constitution
• Constitution makes central
government supreme in certain
matters,
• BUT makes clear state governments
have independent powers.
• Supremacy Clause
• Article I, Section 8
• Tenth Amendment (Reservation
Clause)

106. How Federalism is Embodied in
the Constitution
• Constitution makes central
government supreme in certain
matters,
• BUT makes clear state governments
have independent powers.
• Supremacy Clause
• Article I, Section 8
• Tenth Amendment (Reservation
Clause)

107. How Federalism is Embodied in
the Constitution
• Constitution makes central
government supreme in certain
matters,
• BUT makes clear state governments
have independent powers.
• Supremacy Clause
• Article I, Section 8
• Tenth Amendment (Reservation
Clause)

108. Tends to prevent fully
unified, disciplined parties

110. Advantages of Federalism
•Diversity of Needs can be
met.
•Closeness to the people.
•Innovation and
experimentation.

111. Advantages of Federalism
•Diversity of Needs can be
met.
•Closeness to the people.
•Innovation and
experimentation.

112. Advantages of Federalism
•Diversity of Needs can be
met.
•Closeness to the people.
•Innovation and
experimentation.

113. Disadvantages
of Federalism
•Lack of national standards
•Low visibility and lack of
popular control
•Lack of uniformity in rules
and programs

114. Disadvantages
of Federalism
•Lack of national standards
•Low visibility and lack of
popular control
•Lack of uniformity in rules
and programs

115. Disadvantages
of Federalism
•Lack of national standards
•Low visibility and lack of
popular control
•Lack of uniformity in rules
and programs

116. How Federalism Promotes
Democracy
• Permits state governments to
counterbalance actions of the
national government.
• Allows people in each state/
community to do what their own
majorities prefer.

117. How Federalism Promotes
Democracy
• Permits state governments to
counterbalance actions of the
national government.
• Allows people in each state/
community to do what their own
majorities prefer.

118. How Federalism Hinders
Democracy
• Responsibility blurred, hard to
assign credit or blame.
• Democratic processes may not
work as well at the state level as
at the national level.

119. How Federalism Hinders
Democracy
• Responsibility blurred, hard to
assign credit or blame.
• Democratic processes may not
work as well at the state level as
at the national level.

120. Amending the Constitution
PROPOSAL RATIFICATION FREQUENCY
Used for all amendments save
AC the 21st Amendment
Amendment proposed Amendment ratified
by a 2/3 vote of both by legislatures of at
houses of Congress least 3/4 of the states
BC Never Used
A C
B D
Amendment Used for the 21st Amendment
proposed by a AD only
Amendment ratified
national constitutional
by 3/4 of state
convention requested
ratifying conventions
by 2/3 of state
legislatures BD Never Used

121. Something to Ponder…

122. Something to Ponder…
…Government is slow
and “inefficient” because it
was designed to work that
way!