Problems with the Articles of Confederation

Problems with the Arti= cles of Confederation

1. 9 of 13 states necessary to get anything done- no means of demanding conformance with treaties etc..

&= nbsp; All States treated the same- big or small

&= nbsp; Resolved-

a. = &nb= sp; Great Compromise (Bicameral)- House (Proportional) (Va. Plan) and Senate (equal representation NJ plan), Electoral College to choose Presiden= t, primarily proportional, Art. 1 S1

b. = &nb= sp; Majority Rule- Both bodies largely work off the premise of majority rule, though they each can set their own rules and in the Senate in some ca= ses it can effectively require a 60% vote Art. 1, S5

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2. Treaties, how to get States to abide. Va. And other States were failing to protect Loyalist property

&= nbsp; Resolved-

a. Central Government exclusive power= to make treaties (Senate and Pres) Art. 5 and Art II S2

b. Treaties are law of the Land- Supreme La= w- EG WTO rules are national obligations Art. 5

&= nbsp; c. State= s can only enter into Treaties w/For. Countries or other States (compacts) only w= /permission of Central Govt. Art 1 S10

d. Only the Central Govt. could lay tariffs= Art 1 S8

3. States discriminating against other State citizens

&= nbsp; Resolved-

a. &n= bsp; Commerce Clause*!!!-Congress has the power to regulate trade (will morph into some quite different) Art. 1 S 8

b. &n= bsp; States can not place import or export tariff on goods Art 1 S9

c. &n= bsp; Extradition, States required to Extradite citizens to other States Art. 1 S2<= /span>

d. &= nbsp; Full faith and Credit Clause- States must honor the public acts of other States = (ie. Divorces, marriages, lawsuit findings) Art. IV S1=

e. &= nbsp; No preferential treatment by Congress to any State Art I S9

4. Central Govt. had no means to ensure the collection of money

&= nbsp; Resolved-

a. = Central Govt. had the power to lay and collect taxes Art. 1 S. 8

b. = Central Govt. can cre= ate an army/navy and call militia Art. 1 S 8

5. Money

&= nbsp; Resolved-

a. Central Govt. had power (concurren= t w/ State banks for several years) to Coin money. Art 1 S8

b. Central Govt= also power to borrow. Art. 1 S8

c. Central Govt. assumed prior debts = Art VI

6. No Standing Army

&= nbsp; Resolved-

a. &= nbsp; Executive is Commander and Chief. Art II, S2

&= nbsp; b. Congress- maintain an Army and Navy. Art 1, S8

&= nbsp; c. Congr= ess Declares WAR (NOTE not the PRESIDENT- Last declared War 12/7/1941). Art 1 S8

d. ` = Central Govt has obliga= tion to quell State insurrections (primarily a fear of slave holders) Art IV S4

7. No Judiciary - No formal means for adjudicating disputes<= /p>

&= nbsp; Resolved-

&= nbsp; a. Artic= le 3 of Constitution- Establishment of the US Supreme Court Art. III

&= nbsp; b. lower court= s to be determined by Congress = Art. 3 S 1

8. Conflict between State and Central Govt. Issues

&= nbsp; Resolved-

a. Constitution as Supreme Law of the Land. Art. VI

b. Constitution Limited Document- all other powe= rs reserved for State &= nbsp; 10th Amendment

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Specific Liberties already contained in Constitution so not necessary for the Bill of Rights

a. Writ of Habeas Corpus- (except during invasion/rebellion)- Can’= t be thrown in Jail w/out a chance to go before a judge/magistrate Art 1 S9

b. No Bill of Attainder- Can’t be punished w/out a trial = Art 1 S9

c. No Ex Post Facto Laws- Can’t make a law and then apply it to pa= st behaviour &= nbsp; Art 1 S9

d. No Religious Tests for Office &= nbsp; Art VI

Bill of Rights (See first 10 Amendments to Constitution)- pushed by Anti-Federal= ists

Constitutional Fight- Getting Ratified

Federalist Papers- Argued and helped to explain Constitution

&= nbsp; Alexander Hamilton

&= nbsp; John Jay

&= nbsp; James Madison (wrote 10 and 51)

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Provides an unofficial Legislative Rec= ord for the Constitution

&= nbsp; Important Federalist Papers -- Big is Better--= - Size does Matter

&= nbsp; 10 (Factions- Man has certain tendencies, not all good, money is one of the ma= jor issues that leads to factions. With Bigger Groupings, things work Better. People aren’t giving, one can n= ot control the effects of factions.. Republic helps, majority rule in democracy is not= the answer. Representatives= have wisdom and the concern of the “public weal”, representative Govt. must= be big enough that a few can not run roughshod , by having a larger group elect the rep..more likely to have a “good rep” …gr= eater size has greater number of factions less likely that there will be a tyranny by few or a tyranny by t= he majority)
and 51 (coalitions)

&= nbsp; Interior structure of Govt. , separation of offices, (Congress can’t be part of the Executive), checks and ba= lances between branches, w/in Govt. many interests that are constantly shifting me= ans that coalitions will naturally form, but only for the moment.

Checks and Balances

Example

Legislation

&= nbsp; Congress votes, both branches, must come out with the same legislation, goes to the President, President 10 days to sign, if Vetoes returns to Congress, Congre= ss 2/3rds Vote to override

&= nbsp; Courts review legislation when a case is ripe—no earlier

&= nbsp; Appointees

&= nbsp; Executiv= e- Appoints, Senate Confirms

&= nbsp; Military

&= nbsp; Executive Commander in Chief

&= nbsp; Congress Budget Strings and Declares War

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Amendment Process

1. = 2/3^rd of ea= ch branch of Congress or 2/3^rd = of State Legislatures

2. = 3/4^th of the States by State legislature<= /span> or by State Conventio= n

Time Limit- Unclear- Congress can probably set it

Many Amendments are procedural (housekeeping, no major effect on people’s lives)

1^st 8 Bill = of Rights, individuals are effected

9 ,10 and 11 largely r= efer to the Power of the Central Gov= t versus the States

12 procedural (resolve Adams-Jefferson situation= )

13-15 Civil War &= nbsp; 14^t=
h Amendment (Due Process Clause and Equal Protection Clause)

16-19 (note 21 repeale= d 18) = Progressive and Populist amendment (Income Tax, Pop Election Senators, Prohibition, Wom= en Vote)

20-25 and 27 Procedural

26 Right for 18 yr olds to Vote<= /span>