Creating a ConstitutionChapter 5

The ConfederationSection 1

Achievements of the Articles of

ConfederationFirst constitution of U.S. = Articles of Confederation

SCC knew the colonies needed a central government

Adopted the Articles of Confederation in 1777 during the American Revolution

Articles of Confederation & Perpetual Union: a plan for a loose union of states under the authority of Congress

Articles were WEAK!!

Westward Policies One way the U.S. paid off debts & finance government was to sell land west of the Appalachian Mountains

Land Ordinance of 1785 established the method of settling the west

Townships = 6 sq miles, divided into 36 sections = 1 sq mileNorthwest Ordinance of 1787 provided the basis for governing much of the western territoryNew territory north of Ohio River & east of Mississippi River

Divided into 3 to 5 states; when a territory reached a population of 60,000 it could apply for statehood & would be on equal footing with existing states

Westward Policies

NW Ordinance guaranteed rights: freedom of religion, property rights, & right to trial by jury

Ordinance stated that “there would be neither slavery nor involuntary servitude in said territory.”

Future problems – division between Southern slaveholding states vs. Northern Free States

Congress Falters Under the Articles of Confederation

Problems with TradeLand Ordinance of 1785 & Northwest Ordinance of 1787 were achievements

U.S. was having trade problems, diplomacy issues, and a severe recession

Farmers were the most affected because they were earning less and had to borrow $ to plant next crop.

Shay’s RebellionRebellion is an example of how the new government under the Articles of Confederation was too weak to deal with problems!

January 1787 in MassachusettsMA decided to raise taxes to pay off debts

Farmers found it impossible to pay: (1) mortgages for land, (2) crops, (3), debts

Shay was a former captain in the Continental Army & now a bankrupt farmer. He and 1200 farmers headed to a state arsenal to seize weapons and march to Boston

The governor of MA sent the militia to stop Shay & the farmers. Shots were fired & 4 farmers killed.

Rebellion led people to fear the weak central government.Concerns led to a call for a stronger central government to deal with problems such as rebellions, trade, and diplomacy

A New ConstitutionSection 2

Constitutional Convention

Weaknesses of Articles worried many American leaders who believed the U.S. could not survive without a strong central government

Nationalists were supported of a strong central gov.G. Washington, John Adams, B. Franklin, Alexander Hamilton, Robert Morris, and James Madison

James Madison convinced the VA assembly to discuss problems

Meeting to be held in Annapolis, MD, but only 5/13 states attended – only discussed the weaknesses of the Articles of Confederation

Constitutional Convention

Alexander Hamilton called a meeting in Philadelphia to discuss the weaknesses, but waited until news of Shay’s Rebellion had been heard.

Sole purpose of meeting: “revise the Articles of Confederation.”

Rhode Island did not send a delegate – meeting will become known as the Constitutional Convention

Philadelphia State House = Independence Hall

Writers of the Constitution will be known as “framers”

55 delegates were merchants, mostly lawyers, and few planters. Thomas Jefferson unable to attend because he was in France – he said the meeting was simply an “assembly of demigods”

Constitutional Convention

George Washington was voted as the presiding officer of the CC

James Madison became known as the Father of the Constitution – his notes will become basis of the U.S. Constitution

CC not public to ensure honest and open discussion free from outside influence

Virginia vs. New Jersey Plans

Virginia Plan – proposed by Edumnd Randolph – scrap the Articles of Confederation

3 branches of gov. & legislative branch has 2 houses (bicameral) – representation based on population

New Jersey Plan – No to scrapping Articles, but did want a stronger central government

One house (unicameral) in legislature with equal representation

Congress had power to raise taxes & regulate trade

CC delegates went with the Virginia plan and decided to draft a new constitution

Union Built on Compromise

States divided into large vs. small states

All states received ONE vote during CC

Delegates argued over the # of reps each state would have in the legislative branch.

Committee worked out a compromise: based on the ideas of Roger Sherman of Connecticut

“Great Compromise” = 2 houses, House of Representatives based on population, Senate equally represented

Compromise over Slavery

Should slaves be counted in the population?

Southern states wanted slaves to be counted, but North argued why because they couldn’t vote

Three-Fifths Compromise – every 5 slaves would count as 3 free persons – count in population and representatives

Other Compromises

Two issues that divided the national government: (1) taxation of exports & (2) slave trade

Congress could not tax exports & would not ban slave trade until 1808

By Sept 1787, new constitution had been drafted

In order for constitution to go into effect 9/13 states had to ratify the document

Ratify: approve by vote

Framework for our Government

Popular Sovereignty: rule by the people

Federalism: (Layer Cake) Powers reserved for national, state, and local governments

Separation of Powers: ensures not one branch can have too much power

Checks & Balances: system to prevent any one branch from gaining too much power

President had 4 powers: 1. propose legislation, 2. veto, 3. put down rebellions, 4. appoint judges

Framework continued

Congress can impeach the president (bring formal charges of misconduct)

Congress approves the Pres’s nominations

Supreme Court judges serve for LIFE

Delegates knew document would need to changeAmendments – formal changes to the Constitution

Constitution has lasted a long time (222 years)

John Adams – “Single greatest effort of national deliberation that the world has ever seen.”

RatificationSection 3

A Great Debate

Soon as the CC ended, delegates rushed home to campaign – 9/13 states had to ratify the document before it can go into effect.

Debates took place in: 1. State legislatures, 2. Mass Meetings, 3. Columns in newspapers, 4. Everyday conversations

Federalists vs. Anti-Federalists

Federalists chose their name to remind Americans who feared a central government that states would retain many of their powers.

Merchants, artisans, and urbanites supported the Con.

Anti-Federalists accepted a need for a new government, but the issue was whether the national government or state governments would be supreme

John Hancock & Patrick Henry, Edmund Randolph & George Mason

Called themselves Anti-Federalists because they believed the new constitution should have included a bill of rights

Federalists & Anti-Federalists

Federalists Papers: collection of 85 essays to explain the constitution and how it worked (convince states to ratify the constitution)

Written by James Madison, Alexander Hamilton, and John Jay

Judges still use Federalists Papers today to understand the intention of the original framers of the Constitution.

Fight for Ratification

Federalists promised to attach a bill of rights onto the Constitution once it was ratified

Federalists agreed to add an amendment that would reserve powers to the states that were specifically not granted to the federal government

3 states who did not ratify the Constitution: Virginia, New York, North Carolina, and Rhode Island