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.
11.
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.
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.
27. 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.
28. 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.
29. 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.
36. The Virginia Plan
• Bicameral Legislature
– Lower House popularly
elected, apportioned by
population.
– Upper House elected by
Lower House.
• Single Executive
• Federal Judiciary
• Supremacy Clause
37. The Virginia Plan
• Bicameral Legislature
– Lower House popularly
elected, apportioned by
population.
– Upper House elected by
Lower House.
• Single Executive
• Federal Judiciary
• Supremacy Clause
38. The Virginia Plan
• Bicameral Legislature
– Lower House popularly
elected, apportioned by
population.
– Upper House elected by
Lower House.
• Single Executive
• Federal Judiciary
• Supremacy Clause
39. The Virginia Plan
• Bicameral Legislature
– Lower House popularly
elected, apportioned by
population.
– Upper House elected by
Lower House.
• Single Executive
• Federal Judiciary
• Supremacy Clause
40. The Virginia Plan
• Bicameral Legislature
– Lower House popularly
elected, apportioned by
population.
– Upper House elected by
Lower House.
• Single Executive
• Federal Judiciary
• Supremacy Clause
41. New Jersey Plan
• 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.
42. New Jersey Plan
• 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.
43. “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
44. New Jersey Plan
• 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.
45. Recognition of hard political
reality, NOT an acquiescence
to “states’ rights”
46. New Jersey Plan
• Favored strong national
government in principle,
opposed domination of large
states
• Unicameral legislature (one vote
each state)
• Supremacy Clause
47. New Jersey Plan
• Favored strong national
government in principle,
opposed domination of large
states
• Unicameral legislature (one vote
each state)
• Supremacy Clause
48. New Jersey Plan
• Favored strong national
government in principle,
opposed domination of large
states
• Unicameral legislature (one vote
each state)
• Supremacy Clause
59. Amendment proposed
by a 2/3 vote of both
houses of Congress
Amendment
proposed by a
national constitutional
convention requested
by 2/3 of state
legislatures
Amendment ratified
by legislatures of at
least 3/4 of the states
Amendment ratified
by 3/4 of state
ratifying conventions
Used for all amendments save
the 21st Amendment
Never Used
Used for the 21st Amendment
only
Never Used
PROPOSAL RATIFICATION FREQUENCY
Amending the Constitution
A
B
C
D
AC
BC
AD
BD
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. Checks on the Majority
• Selection of Senators
• Bicameral Congress
• Independent (non-elected)
Judiciary
• Electoral College
82. Constitutional Checks on the Majority
The People
House of
Repesentatives
State
Legislatures
Senate
Electoral
College
President Supreme
Court
1
1
2
2
3 4
Approval of Nominations
88. SUPREME
COURT
PRESIDENT
CONGRESSCan override president’s veto
Can impeach and remove
president
Can reject appointees
Can investigate presidential
actions
Can reject presidential requests for
laws and funds
Can refuse to ratify treaties
Can veto bills passed by Congress
Can recommend legislation
Vice-President can break ties in Senate
Can call special sessions
Can reject judicial nominees
Can impeach and remove
judges
Can create lower courts
Can amend laws or propose
constitutional amendments to
change court decisionsCan declare laws
unconstitutional
Can declare presidential
actions unconstitutional
Nominates judges, Supreme Court
justices
Can pardon, commute sentences of
those convicted in federal courts
