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Transitioning to the U.S. Constitution

Feb 1, 2025

Lecture Notes: American Government - Transition from Articles of Confederation to the U.S. Constitution

Weaknesses of the Articles of Confederation

  • Established by the Founding Fathers as the first constitution.
  • Failed to solve collective action problems.
  • By 1786, the economic depression and various issues were evident.
  • Attempt to amend the Articles at a convention in Maryland failed due to poor attendance.

The Constitutional Convention

  • Held in May 1787 in Philadelphia; 55 delegates from 12 states attended.
  • Rhode Island did not participate, preventing unanimous amendments to the Articles.
  • Delegates began drafting a new constitution in secret to avoid public backlash.

Philosophical Foundations

  • Influences of John Locke and Montesquieu on natural rights and government structure.
  • Agreement on a federal government system—balance between unitary and confederal systems.

Representation Debate

  • Conflict between large and small states over representation.
  • Virginia Plan (large states) vs. New Jersey Plan (small states).
  • The Great Compromise led to a bicameral legislature: equal representation in the Senate and population-based representation in the House.

Slavery Debate

  • Slavery was legal in all states except Massachusetts and Vermont in 1787.
  • Southern states demanded slave representation without granting rights, leading to the Three-Fifths Compromise.

Federalist Papers

  • Series of essays advocating for ratification of the Constitution.
  • Key papers: Federalist 10 (warns against factions) and Federalist 51 (checks and balances).
  • Anti-Federalists opposed the strong central government.

Structure of Government Under the Constitution

  • Article I: Legislative branch; Congress with enumerated and implied powers.
  • Article II: Executive branch; powers and duties of the President.
  • Article III: Judicial branch; powers of the Supreme Court.

Key Constitutional Principles

  • Checks and balances among branches of government.
  • Judicial review (established by Marbury v. Madison) as a key power of the Supreme Court.

Articles and Amendments

  • Article IV: State relations and full faith and credit clause.
  • Article V: Amendment process.
  • Article VI: Constitutional supremacy.
  • Article VII: Ratification process.
  • Amendments: Highlights include the Bill of Rights and significant amendments like the 10th and 14th.

Critical Concepts

  • Enumerated vs. implied powers of Congress.
  • Full faith and credit clause implications.
  • Supremacy clause establishing the Constitution as the highest law.
  • The ongoing balance of state and national power (federalism).

Next Steps: Transition to exploring federalism, collective action problems, and the balance of power in the next lecture.