United States History U.S. Constitution vs. Articles of Confederation

U.S. Constitution vs. Articles of Confederation Differences: The constitution... ● strengthened the power of the Federal (aka national) Government. ● granted Congress sole control over interstate and foreign commerce (trading between different states and trading with other countries). ● created three separate, independent branches of government. ● gave the Federal (national) Government the power to collect taxes. Similarities ● provided a national legislature (lawmaking body) and some form of cooperation between states. Federalists: ● Group that supports ratification (make into a law) of the U.S. Constitution. ○ Wanted a strong national government to provide order. ○ Published the Federalist Papers which encouraged ratification of the Constitution. Anti-Federalists: ● Group that was against ratification of the Constitution. ● Believed it would threaten the rights of individual citizens. ○ Did not want the national government to have too much power. ○ Only agreed to ratify the Constitution after the addition of the Bill of Rights to the Constitution. Bill of Rights (1791): First ten amendments to the U.S. Constitution. ● Main purpose is to protect civil liberties and protect the people from government abuse. ● Similar to the Declaration of Independence because both stress the importance of individual liberty. ● Unreasonable Search and Seizure o Protects U.S. citizens from being jailed or searched for no reason. This amendment was put in, because the British government used writs of assistance against American merchants during the colonial/Revolutionary War era. o The 14th amendment extends the protections of the Bill of Rights to include actions of state governments (states must also obey the Bill of Rights). ● Major Rights o Right to assemble peacefully, freedom of speech, protection against unreasonable search and seizure, etc. ● Freedom of Speech 1st Amendment o John Peter Zenger ▪ Arrested by governor of New York (1733) for printing an article that criticized the governor. Was found to be not guilty because the article was based on fact. Led to a strengthening of freedom of press. Enlightenment Influence● Idea of sovereignty from social contract philosophers during the Enlightenment period. Sovereignty is derived from the consent of the governed (only the citizens give the government the power to rule). ● Consent of the governed concept comes from enlightenment philosophers. ● Limitations on the power of government were influenced by the ideas of John Locke and Baron de Montesquieu (checks & balances, three branches of government). ● Democracy o A government for the people by the people. A democracy must have citizen participation in government. Ex) the citizens of the U.S. choose their congressional representatives (House & Senate) through elections. The most essential feature of democratic government is a free and open election process. ● Republican Government o Described as one in which representatives are elected by the people. ● Division of Power o The framers of the Constitution included the concepts of federalism, checks & balances, and separation of powers in the document, because they feared a government with unlimited power. ● Federalism o Division of powers between the national and state government. o A constitutional principle that establishes limits on the powers of the government (the state and Federal government share different powers so neither can become too powerful). o Reserved Powers ▪ Powers only granted to the state governments by the Constitution. Ex) Public Education o Delegated Powers ▪ Powers only granted to the Federal and state governments Flexibility of Constitution: Amendments (changes to the constitution), the Elastic Clause, necessary and proper clause, unwritten constitution, and Judicial Review all allow for the Constitution to meet the needs of a changing society (adapt to changing times). ● The elastic clause has been used primarily to broaden the power of Congress (because it allows Congress to pass more laws). ● Examples- Pure Food and Drug Act (1906), Social Security Act (1935), Louisiana Purchase, creation of Federal Communications Commission (FCC), creation of Federal Reserve were all enacted using the elastic clause. Unwritten Constitution: Practices of the U.S. government that are based on custom and tradition, but not actually written anywhere in the Constitution. ● Examples- creation of the presidential cabinet, political parties, committee system in Congress, Judicial Review, lobbying, ● Limiting the President’s time in office to two terms was established under the unwritten constitution and later included in the written Constitution.