8. The Articles (1777) created
in law what had already
existed in practice since
Declaration of
Independence…
9. The Articles (1777) created
in law what had already
existed in practice since
Declaration of
Independence…
…a loose confederation
of independent states.
10.
11. 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.
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.
18. 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.
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.
37. 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.
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.
46. The Virginia Plan
• Bicameral Legislature
– Lower House popularly
elected, apportioned by
population.
– Upper House elected by
Lower House.
• Single Executive
• Federal Judiciary
• Supremacy Clause
47. The Virginia Plan
• Bicameral Legislature
– Lower House popularly
elected, apportioned by
population.
– Upper House elected by
Lower House.
• Single Executive
• Federal Judiciary
• Supremacy Clause
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. • 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
52. • 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
53. “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
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. Recognition of hard political
reality, NOT an acquiescence
to “states’ rights”
56. • Favored strong national
government in principle,
opposed domination of large
states
• Unicameral legislature (one vote
each state)
• Supremacy Clause
New Jersey Plan
57. • Favored strong national
government in principle,
opposed domination of large
states
• Unicameral legislature (one vote
each state)
• Supremacy Clause
New Jersey Plan
58. • Favored strong national
government in principle,
opposed domination of large
states
• Unicameral legislature (one vote
each state)
• Supremacy Clause
New Jersey Plan
75. Checks on the Majority
• Selection of Senators
• Bicameral Congress
• Independent (non-elected)
• Judiciary
• Electoral College
76. Checks on the Majority
• Selection of Senators
• Bicameral Congress
• Independent (non-elected)
• Judiciary
• Electoral College
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. Constitutional Checks on the Majority
House of
The People 1 Repesentatives
1
Ap
pro
val
2 Senate of N
State om
ina
Legislatures tion
s
2 President Supreme
Electoral 3 4 Court
College
85. 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
87. Federalism
A system of government
under which significant
government powers are
divided between the central
government and smaller
governmental units.
88. “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
93. 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)
94. 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)
97. 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)
98. 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)
99. 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)
