HY 357 Study Guide - Summer 2018, Comprehensive Midterm Notes - United States Congress, Federal Government Of The United States, President Of The United States
HY 357
MIDTERM EXAM
STUDY GUIDE
Fall 2018
The Articles of Confederation
The Articles of Confederationwere adopted by the Second Continental Congress on
November 15, 1777, but did not become effective until March 1, 1781, when they were
finally approved by all 13 states. Under the Articles, the national government consisted
of a unicameral (one-house) legislature (often called the Confederation Congress);
there was no national executive or judiciary. Delegates to Congress were appointed by
the state legislatures, and each state had one vote. Congress had the authority to
declare war, develop foreign policy, coin money, regulate Native American affairs in the
territories, run the post office, borrow money, and appoint army and navy officers. Quite
significantly, however, all powers not specifically delegated to Congress belonged to the
states.
Weaknesses of the Articles of Confederation
Congress did not have the direct power to tax or to regulate interstate and foreign trade.
It could only ask the states for money with no means to compel payment, and the states
had the right to impose their own duties on imports, which caused havoc with
commerce. Congress had no authority to raise an army on its own and had to
requisition troops from the states. All major policy issues war and peace, treaties, the
appropriation of funds required the approval of nine states. The Articles reflected the
nation's concern about executive power; however, the lack of an executive meant there
was no effective leadership. A unanimous vote of the states, acting through their
legislatures, was necessary to amend the Articles.
Calls to strengthen the national government
The need for a stronger national government was aired by the representatives of five
states, including Alexander Hamilton and James Madison, at the Annapolis
Convention (September 1786). The inability of Congress to deal with Shay's
Rebellion(winter of 17861787), a revolt of debtor farmers in western Massachusetts,
made the shortcomings of the Articles clear. In February 1787, Congress agreed to hold
another meeting "for the sole and express purpose of revising the Articles of
Confederation."
The Constitutional Convention
Fifty-five delegates from 12 states (Rhode Island did not participate) met in Philadelphia in May
1787. While authorized only to "revise" the Articles of Confederation, the participants moved
quickly to develop a new structure for the government.
The Virginia Plan
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The early debates centered on a proposal by James Madison known as the Virginia Plan.
Supported by the large states, it called for a bicameral (two-house) legislature empowered to
make laws. The lower house was elected by voters in each state, and the upper house was chosen
by the lower house from candidates nominated by the state legislatures. Representation in both
houses was based on population. The executive was chosen by the legislature for one term and
was responsible for executing all laws. The legislature also appointed the judges to one or more
supreme courts and lower national courts. A Council of Revision made up of the executive and
judges could veto laws passed by the legislature or the states; a vote by both houses was needed
to override a veto by the Council.
The New Jersey Plan
The small states supported a less radical departure from the Articles of Confederation. The New
Jersey Plan kept the one-house legislature, with its powers expanded to include raising revenue
and regulating commerce. Each state had one vote, and the members were chosen by the state
legislatures. A multiperson executive elected by the legislature was proposed. The executives,
who were removable by action of the majority of the governors, also appointed judges to the
Supreme Court. Laws passed by the legislature were binding on the states, and the multiperson
executive was authorized to compel obedience to the law.
The Great Compromise
The New Jersey Plan was rejected, but the apportionment of representation in Congress
continued to divide the Convention. The large states wanted proportional representation (by
population), and the small states demanded equal representation (one state, one vote). The Great
Compromise (also known as the Connecticut Compromise) provided that seats in the House of
Representatives would be apportioned according to the population of each state, with members
elected directly by the people. In the Senate, each state would have two senators, voting
independently, chosen by their legislatures.
Decisions on slavery
Slaves were a significant percentage of the population in the Southern states. The issue of
whether or how to count slaves was resolved by a formula used by Congress in 1783. For
purposes of representation in the House and assessing direct taxes to the states, population was
determined by adding the "whole number of free persons" and "three-fifths of all other persons."
The phrase "all other persons" meant slaves. In addition to adopting the Three-Fifths
Compromise, the delegates to the Convention allowed the slave trade to continue by denying
Congress the power to prohibit it before 1808 and agreed that fugitive slaves should be returned
to their masters.
Compromise over the presidency
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