GPOSC 225 1st Edition Lecture 4Outline of Last Lecture I. Articles of ConfederationII. Federalist Paper 15III. Federalist Paper 22 (some)Outline of Current Lecture II. Federalist 22 (cont’d)A. Definition of regulon III. Video – Creating a Constitutiona. Articles of Confederation: b. Philadelphia ConventionIV. The Constitutiona. Article 1 Section 2b. SlaveryV. Constitutional Convention – 1787a. Contextb. Annapolis Convention – 1786c. Philadelphia Convention – 1787Current LectureFederalist Paper 22 – Alexander Hamilton (December 1787)Hamilton basically argued that the articles of confederation are fundamentally flawed -> “Don’t amend these, just do away with them. It’s not possible to amend them because all 13 states hadto ratify them. So let’s start over. …Argued that congress needs the power to raise an army. …He talked about commercial tensions between states {He addresses a Host of Problems: }1. Congress must be able to tax. The country was in great debt and needed to generate revenue. 2. Needed to regulate commerce (some states such as New York had passed laws to regulate, tax, fine etc. landlocked states like Connecticut and New Hampshire. Hamilton These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.is in support of founding a unified state and therefore wants to form a union. But he knows that commerce is a huge source of interstate conflict. 3. Congress can’t establish trade agreements with Great Britain at this point. 4. Lack of a national army (states had to raise their own, which proved very inefficient in the revolutionary war)5. Each state had 1 vote in legislature, which is inconsistent with principles of the revolution because representation is not equal. This is not good – a major flaw. 6. The “Enormous doctrine of legislative repeal”, the idea that state governments have power over national government to declare a federal law unconstitutional. a. We saw this in the affordable health care act with Obama; states claiming he wasacting unconstitutionally. b. But this is the flawed nullification principle: national government must be able to govern without each state deciding which rules they choose to follow. Video – Creating a Constitution (Key Constitutional Concepts)The constitution was an experiment – there was no guarantee it would work. In fact it had never worked in the past. “It always took rulers with armies to govern, not a set of rules”[MYTH:] of the founding fathers—these men are steeped in lore and myth. God did not hand down the constitution to these men. It was not perfect. They were not demi gods nor did they see themselves in this way.Articles of Confederation: 1. Was first called “a league of friendship”. 2. It was a failure. 3. The states each saw themselves as sovereign nations that agreed to work together.4. Connecticut and New Jersey wanted to attack New York for charging them for imports.5. Shay’s rebellion was very concerning but no one wanted government to have the same power they had just escaped. Philadelphia Convention1. Was really a “tweaking convention”, not a full-fledged re-writing meeting?2. VA and James Madison wanted to throw out the Articles of Confederation and write a new constitution. So they did.3. They knew: Concentrated powers was dangerous. So they made it difficult to make laws – ironically they were protecting the people from themselves, the future lawmakers.4. Madison wanted proportional representation but states were fighting about it. So it came down to – do we want the United STATES of America? Or the UNITED states of America? (Aka, what’s going to keep this country together)5. So they created a bicameral legislature.6. 3/5ths clause: the founding fathers didn’t believe in democracy. To vote you needed a stake in society, in order to not make irrational decisions.7. They left slavery and state legislature unresolved.The ConstitutionArticle 1 Section 21. “Electors shall have qualifications…etc.”a. This basically says you can vote in congressional elections if you can vote in your state legislature. NOTE: it didn’t forbid the vote for women or African Americans – we had to add the amendment to overthrow state law. Otherwise they would have had to cross out some of the constitution, rather than amend it to secure this right.2. “Representatives and direct taxes shall be…”a. This links representation and direct taxes with representation in a way not thought of in today’s age. It establishes the rule of representation AND taxation, as something that goes hand in hand. The 3/5ths clause is a way of gauging wealth. It’s not saying slaves are 3/5ths of a person. NOTE: The word slavery never appears in the constitution UNTILL the 13th amendment annulling it. Section 9 says congress can’t limit importation of “persons” (careful wording) in the 13 existing states before 1808 but that yes it can (and did) in future states. SlaveryWas often seen even at this point as a horrendous institution – things like the “middle passage” where slaves died tragically in huge numbers. The slave trade was seen as extremely inhumane “let’s stamp it out”. This ideology is behind the 1808 clause.BUT at this point if they had tried to abolish slavery in the original constitution, the union wouldhave immediately dissolved because of the economic factor for some of the southern states.Constitutional Convention – 1787Context: A) 1783. There had been a potential rebellion in Newburg NY of the army—George Washington caught wind of it because he was stationed there. The army hadn’t been paid so they said, “Let’s go to Philadelphia where everyoneis meeting about the constitution and take over/demand payment”. George Washington gave a stirring speech and convinced them otherwise. B) 1786. Shay’s rebellion (led by a farmer).C) The founders see a nation in crisis – nothing holding the states together. So they decided to convene in AnnapolisAnnapolis Convention – 1786This was a failure – only 5 delegates showed. So they drafted a report and called for a convention in May 1787.Philadelphia Convention – 178712 states appointed 70 people. Some couldn’t come, some didn’t come. Patrick henry for example didn’t support the federal National government and famously said, “I smell a Rat”. Thomas Jefferson was the ambassador to France at