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Page 1: 2.3 Confederation and the Constitution

66 CHAPTER 2 Revolution and the Early Republic

Terms & NamesTerms & NamesMAIN IDEAMAIN IDEA

One American's Story

Confederation andthe Constitution

•republic•Articles ofConfederation

•NorthwestOrdinance of 1787

•Shays’s Rebellion•James Madison

•federalism•checks andbalances

•ratification•Federalists•Antifederalists•Bill of Rights

American leaders createdthe Constitution as a blue-print of government for theUnited States.

More than 200 years after itscreation, the Constitutionremains the nation’s guidingdocument for a workinggovernment.

WHY IT MATTERS NOWWHY IT MATTERS NOW

John Dickinson understood, perhaps better than other dele-gates to the Continental Congress, the value of compromise. In1776 Dickinson hoped for reconciliation with Britain andrefused to sign the Declaration of Independence. Yet, eightdays after the Declaration was adopted, Dickinson presentedCongress with the first draft of a plan for setting up a workablegovernment for the new states.

A PERSONAL VOICE JOHN DICKINSON

“ Two rules I have laid down for myself throughout this contest . . . first, on all occasions where I am called upon, as atrustee for my countrymen, to deliberate on questions impor-tant to their happiness, disdaining all personal advantages tobe derived from a suppression of my real sentiments . . . open-ly to avow [declare] them; and, secondly, . . . whenever thepublic resolutions are taken, to regard them though oppositeto my opinion, as sacred . . . and to join in supporting them asearnestly as if my voice had been given for them.”

—quoted in The Life and Times of John Dickinson, 1732–1808

Dickinson’s two rules became guiding principles for theleaders who faced the formidable task of forming a new nation.

Experimenting with ConfederationAs citizens of a new and independent nation, Americans had to create their ownpolitical system. Fighting the Revolutionary War gave the states a common goal,but they remained reluctant to unite under a strong central government.

John Dickinson

Page 2: 2.3 Confederation and the Constitution

B

After the Revolution, many Americans favored a republic—a government inwhich citizens rule through their elected representatives. However, many alsofeared that a democracy—government directly by the people—placed power in thehands of the uneducated masses. These fears and concerns deeply affected the plan-ning of the new government.

THE ARTICLES OF CONFEDERATION The Second Continental Congress set upa new plan of government in a set of laws called the Articles of Confederation.The plan established a form of government called a confederation, or alliance,among the thirteen states.

The Articles set up a Congress in which each statewould have one vote regardless of population. Powers weredivided between the states and the national government.The national government had the power to declare war,make peace, and sign treaties. It could borrow money, setstandards for coins and for weights and measures, andestablish a postal service. After approval by all thirteenstates, the Articles of Confederation went into effect inMarch 1781.

One of the first issues the Confederation faced had todo with the the Northwest Territory, lands west of theAppalachians, where many people settled after theRevolutionary War. To help govern these lands, Congresspassed the Land Ordinance of 1785, which established aplan for surveying the land. (See Geography Spotlight onpage 72.) In the Northwest Ordinance of 1787,Congress provided a procedure for dividing the land into nofewer than three and no more than five states. The ordi-nance also set requirements for the admission of new states,which, however, overlooked Native American land claims.

The Land Ordinance of 1785 and the Northwest Ordinance of 1787 becamethe Confederation’s most significant achievements. Overshadowing such success-es, however, were the Confederation’s many problems. The most serious problemwas that each state functioned independently by pursuing its own interests ratherthan considering those of the nation as a whole. The government had no meansof raising money or enforcing its laws. Moreover, there was no national court sys-tem to settle legal disputes. The Articles of Confederation created a weak centralgovernment and little unity among the states.

SHAYS’S REBELLION The need for a stronger central government becameobvious in 1786 when many farmers in western Massachusetts rose up in protestover increased state taxes. The farmers’ discontent boiled over into mob action inJanuary of 1787 when Daniel Shays, a fellow farmer, led an army of 1,200 farm-ers toward the arsenal at Springfield, Massachusetts. State officials hurriedly calledout the militia to head off the army of farmers, killing four of the rebels and scat-tering the rest.

Shays’s Rebellion, as the farmers’ protest came to be called, caused panicand dismay throughout the nation. It was clearly time to talk about a strongernational government. Because the states had placed such severe limits on the gov-ernment to prevent abuse of power, the government was unable to solve many ofthe nation’s problems. News of the rebellion spread throughout the states. Therevolt persuaded twelve states to send delegates to a convention called byCongress in Philadelphia in May of 1787.

REVIEW UNIT 67

Weaknesses of the Articles of Confederation

• Congress could not enact andcollect taxes.

• Each state had only one vote inCongress, regardless of population.

• Nine out of thirteen states neededto agree to pass important laws.

• Articles could be amended only if all states approved.

• There was no executive branch toenforce laws of Congress.

• There was no national court system to settle legal disputes.

• There were thirteen separatestates that lacked national unity.

A

MAIN IDEAMAIN IDEA

AContrasting

What was the differencebetween the Land Ordinance of 1785 and the NorthwestOrdinanceof 1787?

MAIN IDEAMAIN IDEA

B

MakingInferences

Why do youthink news ofShays’s Rebellionmade states eagerto participate in the Philadelphiaconvention?

Page 3: 2.3 Confederation and the Constitution

Creating a New GovernmentMost of the delegates at the Constitutional Convention recognized the need tostrengthen the central government. Within the first five days of the meeting, theygave up the idea of fixing the Articles of Confederation and decided to form anentirely new government that would replace the one created by the Articles.

CONFLICT AND COMPROMISE One major issue that the delegates faced wasgiving fair representation to both large and small states. James Madison pro-posed the Virginia Plan, which called for a bicameral, or two-house, legislature,with membership based on each state’s population. Delegates from the smallstates vigorously objected to the Virginia Plan because it gave more power tostates with large populations. Small states supported William Paterson’s NewJersey Plan, which proposed a single-house congress in which each state had anequal vote.

The debate became deadlocked and dragged on through the hot and humidsummer days. Eventually, Roger Sherman suggested the Great Compromise,which offered a two-house Congress to satisfy both small and big states. Eachstate would have equal representation in the Senate, or upper house. The size of

the population of each state would determine its represen-tation in the House of Representatives, or lower house.Voters of each state would choose members of the House.The state legislatures would choose members of the Senate.

The Great Compromise settled one major issue but ledto conflict over another. Southern delegates, whose stateshad large numbers of slaves, wanted slaves included in thepopulation count that determined the number of repre-sentatives in the House. Northern delegates, whose stateshad few slaves, disagreed. Not counting the slaves wouldgive the Northern states more representatives than theSouthern states in the House of Representatives. The dele-gates eventually agreed to the Three-Fifths Compromise,which called for three-fifths of a state’s slaves to be count-ed as part of the population.

DIVISION OF POWERS After the delegates reached agree-ment on the difficult questions of slavery and representa-tion, they dealt with other issues somewhat more easily.They divided power between the states and the nationalgovernment, and they separated the national government’spower into three branches. Thus, they created an entirelynew government.

The new system of government that the delegates werebuilding was a form of federalism, in which power isdivided between a national government and several stategovernments. The powers granted to the national govern-ment by the Constitution are known as delegated powers,or enumerated powers. These include such powers as thecontrol of foreign affairs and regulation of trade betweenthe states. Powers not specifically granted to the nationalgovernment but kept by the states are called reservedpowers. These include powers such as providing for andsupervising education. Some powers, such as the right totax and establish courts, were shared by both the nationaland the state governments.

68 CHAPTER 2 Revolution and the Early Republic

C

KEY PLAYERKEY PLAYER

JAMES MADISON1751–1836

The oldest of 12 children, JamesMadison grew up in Virginia. Hewas a sickly child who suffered allhis life from physical ailments.Because of a weak speakingvoice, he decided not to become aminister and thus entered politics.

Madison’s Virginia Plan resultedfrom extensive research that hehad done on political systemsbefore the convention. He askedEdmund Randolph, a fellow dele-gate from Virginia, to present theplan because his own voice wastoo weak to be heard throughoutthe assembly.

Besides providing brilliant politi-cal leadership, Madison kept arecord of the debates that tookplace at the convention. Becauseof his plan and his leadership,Madison is known as the Fatherof the Constitution.

MAIN IDEAMAIN IDEA

C

AnalyzingIssues

In what waysdid the GreatCompromiseresolve certainproblems even as it created new ones?

Page 4: 2.3 Confederation and the Constitution

D

REVIEW UNIT 69

SEPARATION OF POWERS The delegates also limited the authority of thenational government. First, they created three branches of government:

• a legislative branch to make laws

• an executive branch to carry out laws

• a judicial branch to interpret the laws and settle disputes

Then the delegates established a system of checks and balances to pre-vent any one branch from dominating the other two. The procedure the dele-gates established for electing the president reflected their fear of placing toomuch power in the hands of the people. Instead of choosing the presidentdirectly, each state would choose a number of electors equal to the number ofsenators and representatives that the state had in Congress. This group of elec-tors chosen by the states, known as the electoral college, would then cast bal-lots for the presidential candidates.

CHANGING THE CONSTITUTION The delegates also provided a means ofchanging the Constitution through the amendment process. After four months ofdebate and compromise, the delegates succeeded in creating a Constitution thatwas an enduring document. In other words, by making the Constitution flexible,the delegates enabled it to pass the test of time.

Ratifying the ConstitutionGeorge Washington adjourned the Constitutional Convention on September 17,1787. The Convention’s work was over, but the new government could notbecome a reality until at least nine states ratified, or approved, the Constitution.Thus, the battle over ratification began.

FEDERALISTS AND ANTIFEDERALISTS Supporters of the Constitution calledthemselves Federalists, because they favored the new Constitution’s balance ofpower between the states and the national government. Their opponents becameknown as Antifederalists because they opposed having such a strong centralgovernment and thus were against the Constitution.

• Authority derives from the people.• In a new plan of government, the

central government should be strongerthan the states.

• Authority derives from the states.• Under a modified Articles of

Confederation, the states should remainstronger than the central government.

• Congress should be composed of two houses.

• The number of delegates to bothhouses of Congress should beassigned according to population.

• A Congress of one house should be preserved.

• Each state should have one vote.

LARGE STATES VS. SMALL STATES

NORTH VS. SOUTH• Slaves should not be counted when

deciding the number of congressional delegates.

• Slaves should be counted when levying taxes.

• Slaves should be counted when deter-mining congressional representation.

• Slaves should not be counted when levying taxes.

STRONG CENTRAL GOVERNMENT VS. STRONG STATES

SKILLBUILDER Interpreting Charts1. Why do you think the Southern states wanted slaves counted for determining the

number of representatives in the House of Representatives?

2. Why did the small states object to delegates being assigned according to population?

Key Conflicts in the Constitutional Convention

MAIN IDEAMAIN IDEA

D

MakingInferences

Why did thedelegates fear thatone branch of thegovernment wouldgain too muchpower?

Page 5: 2.3 Confederation and the Constitution

70 CHAPTER 2 Revolution and the Early Republic

Both sides waged a war of words in the public debateover ratification. The Federalist, a series of 85 essaysdefending the Constitution, appeared in New York news-papers. These were essays written by three influentialsupporters of ratification: Alexander Hamilton, JamesMadison, and John Jay.

All three writers felt that there were defects in thenew Constitution, but they also felt that its strongercentral government was superior to the weak Congressprovided by the Articles of Confederation. Using thepen name “Publius,” the authors addressed those whoargued that ratification should be delayed until a moreperfect document could be written. In the followingexcerpt from one of the essays (now known to be writ-ten by Madison), the author asks his readers to com-pare the admittedly flawed Constitution with its pre-decessor, the Articles.

A PERSONAL VOICE JAMES MADISON

“ It is a matter both of wonder and regret, that thosewho raise so many objections against the newConstitution should never call to mind the defects ofthat which is to be exchanged for it [The Articles]. It is not necessary that the former should be perfect; it is sufficient that the latter is more imperfect.”

—The Federalist, Number 38, 1788

The Antifederalists’ main opposition to the new Constitution was that it con-tained no guarantee that the government would protect the rights of the peopleor of the states. Antifederalists included such notable figures as Patrick Henry,George Mason, and Richard Henry Lee. Letters from the Federal Farmer, most like-ly written by Lee, was the most widely read Antifederalist publication. Lee listedthe rights that Antifederalists believed should be protected, such as freedom ofthe press and of religion, guarantees against unreasonable searches of people andtheir homes, and the right to a trial by jury.

The Antifederalists’ demand for a bill of rights—a formal summary of citizens’rights and freedoms—stemmed from their fear of a strong central government.All state constitutions guaranteed individual rights, and seven of them included abill of rights. The states believed they would serve as protectors of the people. Yetin the end, the Federalists yielded to people’s overwhelming desire and promisedto add a bill of rights if the states would ratify the Constitution. In June 1788,New Hampshire became the ninth state to approve the Constitution, making itthe law of the land.

ADOPTION OF A BILL OF RIGHTS By December 1791, the states also had rati-fied ten amendments to the Constitution, which became known as the Bill ofRights. The first eight amendments spell out the personal liberties the states hadrequested. The First Amendment guarantees citizens’ rights to freedom of religion,speech, the press, and political activity. According to the Second and ThirdAmendments, the government cannot deny citizens the right to bear arms as mem-bers of a militia of citizen-soldiers, nor can the government house troops in privatehomes in peacetime. The Fourth Amendment prevents the search of citizens’homes without proper warrants. The Fifth through Eighth Amendments guaranteefair treatment for individuals accused of crimes. The Ninth and Tenth Amendmentsimpose general limits on the powers of the federal government.

James Madison

E

MAIN IDEAMAIN IDEA

ESummarizing

Why did theAntifederalistsinsist that theConstitutionmust have a bill of rights?

Page 6: 2.3 Confederation and the Constitution

F

The protection of rights and freedoms did not apply to all Americans at thetime the Bill of Rights was adopted. Native Americans and slaves were excluded.Women were not mentioned in the Constitution. The growing number of freeblacks did not receive adequate protection from the Constitution. Although manystates permitted free blacks to vote, the Bill of Rights offered them no protectionagainst whites’ discrimination and hostility.

Continuing Relevance of the ConstitutionThe United States Constitution is the oldest written national constitution still inuse. It is a “living” document, capable of meeting the changing needs of Americans.One reason for this capability lies in Article I, Section 8, which gives Congress thepower “To make all laws which shall be necessary and proper for carrying into exe-cution” the powers that the Constitution enumerates. This clause is referred to asthe “elastic clause” because it stretches the power of the government. The framersof the Constitution included these implied powers in order to allow the authorityof the government to expand to meet unforeseen circumstances.

The Constitution also can be formally changed when necessary throughamendments. The Constitution provides ways for amendments to be proposed andto be ratified. However, the writers made the amendment process difficult in orderto avoid arbitrary changes. Through the ratification process, the writers of theConstitution have also ensured that any amendment has the overwhelming sup-port of the people.

In more than 200 years, only 27 amendments have been added to theConstitution. These amendments have helped the government meet the challengesof a changing world, while still preserving the rights of the American people.

REVIEW UNIT 71

1. TERMS & NAMES For each term or name, write a sentence explaining its significance.

MAIN IDEA 2. TAKING NOTES

Re-create the web below on yourpaper, and fill it in with specificissues that were debated at theConstitutional Convention.

Choose one issue and explain howthe delegates resolved that issue.

CRITICAL THINKING3. EVALUATING

Do you think the Federalists or theAntifederalists had the more validarguments? Support your opinion withexamples from the text. Think About:

• Americans’ experience with the Articles of Confederation

• Americans’ experience with Great Britain

4. ANALYZING ISSUESSeveral states ratified theConstitution only after beingassured that a bill of rights wouldbe added to it. In your opinion, whatis the most important value of theBill of Rights? Why?

5. ANALYZING VISUAL SOURCESThe cartoon above shows a paradeheld in New York to celebrate thenew constitution. Why is Hamilton’sname displayed under the “Ship of State” float?

Issues Debated

MAIN IDEAMAIN IDEA

F

DrawingConclusions

How did theadoption of theBill of Rights showthe flexibility of the Constitution?

•republic•Articles of Confederation•Northwest Ordinance of 1787•Shays’s Rebellion

•James Madison•federalism•checks and balances•ratification

•Federalists•Antifederalists•Bill of Rights

Page 7: 2.3 Confederation and the Constitution

72 CHAPTER 2 Revolution and the Early Republic

GEOGRAPHY

SPOTLIGHT

The Land Ordinanceof 1785

When states ceded, or gave up, their western lands to the United States, the newnation became “land rich” even though it was “money poor.” Government leaderssearched for a way to use the land to fund such services as public education.

The fastest and easiest way to raise money would have been to sell the land inhuge parcels. However, only the rich would have been able to purchase land. TheLand Ordinance of 1785 made the parcels small and affordable.

The Land Ordinance established a plan for dividing the land. The governmentwould first survey the land, dividing it into townships of 36 square miles, as shownon the map below. Then each township would be divided into 36 sections of 1square mile, or about 640 acres, each. An individual or a family could purchase a sec-tion and divide it into farms or smaller units. A typical farm of the period was equalto one-quarter section, or 160 acres. The minimum price per acre was one dollar.

Government leaders hoped the buyers would develop farms and establish com-munities. In this way settlements would spread across the western territories in anorderly way. Government surveyors repeated the process thousands of times, impos-ing frontier geometry on the land.

In 1787, the Congress further provided for the orderly development of theNorthwest Territory by passing the Northwest Ordinance, which established howstates would be created out of the territory.

Aerial photograph showing howthe Land Ordinance trans-formed the landscape into apatchwork of farms.

The map below shows how an eastern section of Ohio has beensubdivided according to the Land Ordinance of 1785.

Ohio River

MississippiRiver

ATLANTIC�OCEAN

LakeSuperior

LakeMichigan

Lake Huron

Lake Erie

S.C.GEORGIA

TENNESSEE(1796)

OHIO(1803)INDIANA

(1816)

MICHIGAN(1837)

ILLINOIS(1818)

WISCONSIN(1848)

DELAWARE

NEW YORK

PENN.

VIRGINIA

N.C.

NEW JERSEY

MD.

N.H.

MASS.

CONN. R.I.

VT.

BRITISH TERRITORY

NORTHWEST TERRITORYSPANISH

TERRITORY

N

S

EW

Established state

U.S. territory

0 100 200 kilometers

0 100 200 miles

0 18 36 kilometers

0 18 36 miles

1

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4

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9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

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34

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36

6miles

Page 8: 2.3 Confederation and the Constitution

REVIEW UNIT 73

RELIGION To encouragethe growth of religion withinthe township, the surveyorsset aside a full section ofland. Most of the land with-in the section was sold toprovide funds for a churchand a minister’s salary.This practice was droppedafter a few years becauseof concern about the sepa-ration of church and state.

EDUCATION The ordi-nance encouraged publiceducation by setting asidesection 16 of every town-ship for school buildings.Local people used themoney raised by the sale ofland within this section tobuild a school and hire ateacher. This section wascentrally located so thatstudents could reach it with-out traveling too far.

This map shows how a township,now in Meigs County, Ohio, wasdivided in 1787 into parcels offull square-mile sections andsmaller, more affordable plots.The names of the original buyersare written on the full sections.

THINKING CRITICALLYTHINKING CRITICALLY

1. Analyzing Distributions How did the Land Ordinanceof 1785 provide for the orderly development of theNorthwest Territory? How did it make land affordable?

2. Creating a Chart Create a table that organizes andsummarizes the information in the map above. To helpyou organize your thoughts, pose questions that themap suggests and that a table could help answer.

SEE SKILLBUILDER HANDBOOK, PAGE R30.

IRESEARCH LINKS CLASSZONE.COM

REVENUE Congress reserved two or three sec-tions of each township for sale at a later date. Congress planned to sell the sections then at a tidy profit. The gov-ernment soon abandoned this practice because of criticism that it should not be involved in land speculation.

WATER Rivers and streams were veryimportant to early settlers, who used them fortransportation. Of most interest, however, wasa meandering stream, which indicated flat bot-tomland that was highly prized for its fertility.