Chapter 5

Creating a Constitution

Articles of Confederation and Perpetual Union

• November 1777 adopted by Continental Congress

• 1st formal government of the US (divided into two levels: state and federal)

• Plan for a loose union of states under the authority of the Congress

Powers and Weaknesses of the Articles of ConfederationPowers

1. Declare war2. Negotiate peace3. Sign treaties4. Set standards for

coins, weights & measures

5. Postal service6. Deal with American

Indians

Weaknesses1. No control over

trade (interstate or foreign)

2. No power to collect taxes

3. All states had to agree to make changes

Northwest Ordinance 1787

• Greatest success of the Articles of Confederation

• Ordinance that dealt with land north of the Ohio River and east of the Mississippi River

• Provided for establishment of not less than 3 nor more than 5 territories (Wisconsin, Illinois, Indiana, Michigan, Ohio)

• Land sold to generate $ for Federal government• Slavery not allowed

Problems Call for a Change

1. Trade- duties- taxes on imported goods- protective tariff- tax on imported goods

to protect American goods

2. Diplomacy- British debt collectors

- Return of Loyalist property- Disputed border of Georgia with Spain

3. Economic- paper money = inflation

- Shay’s Rebellion – rebellion led by Daniel Shay in Massachusetts that started over the government raising taxes rather than issuing paper money

Questions to Ponder

1. What do you think was the most serious flaw of the Articles of Confederation? Why?

2. How are the issues faced by the federal government today similar to those that were faced by the Confederation Congress?

The Call for a Stronger Government

• Nationalists – people who supported a strong central government

• James Madison – member of the Virginia Assembly that called for a convention (influential nationalist and 4th President)

• Alexander Hamilton – New York delegate who called for the convention to be held in Philadelphia in May 1787 (leader of Federalist Party)

The Constitutional Convention

• Convention of 55 delegates from 12 colonies (Rhode Island not present) to establish a firmer national government

• May 1787- Sept. 1787– Philadelphia, PA

• George Washington – Presiding officer

• James Madison – Recorded debates (convention held in private)

Issue of Debate

• Unicameral

- a legislature made

up of one house

• Bicameral

- a legislature made

up of two houses

Plans Proposed

• Virginia Plan- Edmund Randolph of Virginia- Scrapped the A of C - Legislative, executive, and

Judicial branches of government

- Legislative = 2 houses- 1st house member elected by

members of state- 2nd house members elected by

1st house- Numbers in two houses would

reflect state’s population

• New Jersey Plan- William Paterson of New

Jersey- Kept the A of C- Single house legislature- Each state has = power- Power to raise taxes and

regulate trade

Questions to Ponder

• Which of the two plans do you think the delegates of the convention voted on to keep and proceed with? Why?

• What was the problem with having the members in both houses of the Virginia Plan reflect each state’s population?

Controversial Issues

• State Representation • Treatment of slavery in the new constitution

Compromises

• Connecticut or Great Compromise- Roger Sherman

1. House of Reps – represented by state population (435)

2. Senate – equal representation (2 per state = 100)

3. Voters elect members of the House of Reps

4. State legislatures elect senators

House of Reps & Senate = Congress

• Three- Fifths Compromise(1 member per 40,000 elected to

the House)1. Every 5 enslaved people

would count as three free persons to determine representation and taxation

2. Could not tax exports3. Could not ban slave trade until

1808 or impose high taxes on the import of enslaved persons

The Government Checks and Balances

• Prevents any one of the following branches of government from becoming too powerful.

• Popular sovereignty – rule by the people• Federalism- government power divided by

national and state levels1. Legislative Branch – Congress- lawmaking

body of Government2. Executive Branch – enforces the laws –

headed by President3. Judicial Branch – interprets laws – federal

courts

The Legislative Branch

• Powers- Make laws- Declares war- Approves treaties- Approves appointments- Raises money- Impeach – to bring charges or

convicts- Raises and supports armed

forces- Override a veto

• Checks• Executive- Override veto- Impeach officials- Control $- Confirms treaties and

appointments Judicial- Impeach judges- Approves appointments- Propose amendments- Establish other lower courts- Change court size

Executive Branch

• Powers- Enforces, proposes,

vetoes laws- Prepares US Budget- Conducts foreign policy- Commands armed forces- Appoints Supreme court

& federal judges, cabinet members, ambassadors, & federal officials

- Grant pardons and reprieves

• Checks• Legislative- Veto laws- Leader of Party- Call special sessions Judicial- Appoint judges- Grant pardons and

reprieves

Judicial Branch

• Powers- Interprets laws- Determines

Constitutionality of laws and acts

- Decides cases involving treaties w/other nations’ leaders

• ChecksExecutive- Interprets laws and

treatiesLegislative- Interprets laws and

treaties- Decides

constitutionality of laws

Quiz tomorrow over the Checks and Balances of the Three Branches of Government

Ratification

• 9 of 13 states had to approve the Constitution to put it into effect

• Debates took place in state legislatures, mass meetings, newspapers, and everyday conversations

Federalists vs. Antifederalists

Federalists• Supporters of the

Constitution• Large land owners• Merchants, artisans, and

farmers near coastal areas

• Wanted strong central government to regulate trade

• Alexander Hamilton

Antifederalists• Opponents to the

Constitution• Western farmers• Concern: National or

State government supreme

• Supported a Bill of Rights• John Hancock, Patrick

Henry, Edmund Randolph

The Federalist or Federalist Papers

• A collection of 85 essays written by James Madison, Alexander Hamilton, and John Jay arguing for ratification

• Explained how the Constitution worked and why it was needed

• Convinced the public to ratify the Constitution

Fight for Ratification

• Delaware, Pennsylvania, New Jersey, Georgia, & Connecticut approved by 1788

• By end of June 1788 Maryland, South Carolina, and New Hampshire ratified the Constitution

• Massachusetts approves Constitution only after Federalists Promise:1. Bill of Rights- first ten amendments,

limits the power of the federal government2. State’s Rights- Reserves powers to states

not granted to the Fed. government (10th Amendment)• Although enough states ratified the Constitution to put it

into effect many feared the government would not succeed without the larger states approvals (NY and VA)

Virginia and New York

• Virginia- ratified Constitution after Madison’s

promise to add a Bill of Rights• New York

- Convinced to ratify after they learned VA and NH had ratified the Constitution

- Did not want to operate independently• By July 1788 all states except Rhode Island and North

Carolina had ratified the Constitution• March 4, 1789 – first meeting of the new Congress• People’s fears subsided when George Washington was

chosen as the first president under the new Constitution

The Bill of Rights

• One of the most important acts of Congress• James Madison responsible for the adding of the

Bill of Rights to the Constitution• 1st ten amendments of the Constitution• First 8 protect rights of individuals against

actions of federal government• 9th Amendment states that the people have other

rights not listed• 10th Amendment states that any powers not

specifically given to the federal government are reserved for the states

* Test on Thursday