Download 1777-1789

1777-1789
“What kind of government will we
have?”
Defining Nationhood and the
Constitutional Crises of the 1780s
Articles of Confederation
Weaknesses:
Successes:
•Won the war
•Land Ordinance of 1785
•NW Ordinance of 1787
•Treaty of Paris
•Congress could not enact and collect
taxes.
•Congress could not regulate interstate or
foreign trade.
•Each state had only one vote in
Congress, regardless of population.
•Nine out of 13 states needed to agree to
pass any law.
•The Articles could be amended only if all
states approved.
•There was no executive branch to
enforce laws of Congress.
•There was no national court system to
settle congressional law disputes.
Articles of Confederation
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The Land Ordinances
• Land Ordinance of 1785
• Northwest Ordinance of 1787
• Provided for the orderly and systematic settlement
of western lands
– Provided for small rural communities to have public
institutions
– Provided requirements for statehood within the
territories
Map 7.1 The Confederation and Western Land Claims (p. 199)
The Old Northwest, 1785–1787
Northwest Ordinance animated
Annapolis Convention
• 1786
• Only 5 states
sent reps to
Annapolis, MD
• Madison and
Hamilton
convinced others
another
convention
needed to be held
in Philadelphia
• Congress asked
states to appoint
delegations to
Philadelphia
Shays’s Rebellion - 1786
• Shays' Rebellion was an
insurgent movement led by
Daniel Shays during 1786-1787
in western Massachusetts.
• Fears generated by Shays'
Rebellion helped to convince
states to send delegates to the
Constitutional Convention that
met in Philadelphia in 1787.
Source: ABC clio database.
Shays’s Rebellion
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Constitutional
Convention of
1787
• 55 delegates,
12 states
• Well-educated,
wealthy men
• Presiding
officer Washington
• Behind closed
doors
• Some notable
figures - absent
(Jefferson,
Adams, John
Jay, Patrick
Henry)
Who were the “Framers”?
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White Male Adults
Landowners
Some education
Some were slave owners
Lawyers
Merchants
Representation: Two Plans
• New Jersey Plan
– Small states
– Equal representation
not based on
population
• Virginia Plan
– Large States
– Representation based
on population
James Madison
• Virginia Plan
• Father of the
Constitution
• Most prepared of the
delegates
• Kept precise notes of
the proceedings
Issues of representative government would be argued at
Constitutional Convention
• Virginia Plan proposed by the
larger states
– Establish a national government
with 3 branches.
– Establish a bicameral Congress.
• People elect 1 house
• That house elects 2nd house
• New Jersey plan proposed by
small states
– Establish a unicameral Congress
• Each state to have 1 vote
• Equal representation
– States equally represented similar to
the Articles of Confederation
– Representation in both houses
based on state population
Virginia vs
New Jersey
Legislative Branch
Executive Branch
Judicial Branch
•Congress (Art. 1)
•President (Art. 2)
•Supreme Court (Art. 3)
•Makes the law
•Carries out the law
•Interprets the law
3 Branches are separate, have different powers, co-equal
and checks and balances on one another to make sure one
branch does not get to powerful
3 Branches of the Federal Government
The Great Compromise
• The Connecticut Plan
(a.k.a. the Great
Compromise)
• Solved the biggest
dispute of the
Convention
– Upper House (Senate)
equal representation
– Lower House (House
of Representatives)
proportional
representation
Conn. Comp
•Great Compromise or
Connecticut Compromise
•New Jersey Plan
•Virginia Plan
•People to elect their
representatives.
•2 houses of Congress
•Bicameral
CONGRESS
HOUSE OF REPESENTATIVES
•Elected by the people
•Representatives based on population per
state…..
•More population the more
representatives you have
•2 year term
•Satisfied larger states
SENATE
•Elected by each state’s congress
•Equal representatives
•2 representatives per state
•6 year term
•Satisfied smaller states
The Great Compromise
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Other Compromises
• Slavery - 3/5 compromise - Slaves were counted as
3/5 of a person for taxation and representation
• Trade - Commercial Compromise - Congress
could regulate interstate and foreign trade
• Chief Executive - term of office? (4 yrs) (feared
too strong of a central leader), electoral college same number of representatives and senators from
each state had an ‘electoral’ vote (feared too much
democracy)
• Ratification - called for 9 of the 13 states for
acceptance
•Southern states
•slaves counted as part of the
total state population.
•Why?
•more representatives in
Congress.
•Northern states
•objected and would only
agree to compromise.
•3 of every 5 slaves counted as
part of state’s total population.
•supported by both North and
South
•more voting power in
Congress meant protecting selfinterest of slavery.
•Northern states agreed to the 3/5’s
Compromise only if the South
abolished the Slave Trade by
1807……
•Agreement was made….North was
hoping slavery would eventually
fade away and die out .
•This was their step towards
abolishing slavery.
Ratification
• Submitted to states for approval
on Sept. 17, 1787
• Fierce debate followed
• Federalists vs. anti-Federalists
• Ratified in June 1788 by 9
states
• Virginia, New York (two major
states - #10 & #11 to ratify)
• The Bill of Rights was one of
the first orders of business for
the new Congress
– Fulfilled promise to protect
individual liberties to the skeptical
anti-Federalist factions in key
states
In order for the new
Constitution to
become the “law of
the land”, 9 of 13
states had to ratify
the Constitution.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Map 7.2 Ratifying the Constitution of 1787 (p. 208)
Delaware
Pennsylvania
New Jersey
Georgia
Connecticut
Massachusetts
Maryland
South Carolina
New Hampshire
Virginia
New York
North Carolina
Rhode Island
30 – 0
46 – 23
38 – 0
26 – 0
128 – 40
187–168
63 – 11
149 – 73
57 – 47
89 – 79
30 – 27
194 – 77
34 - 22
Ratification
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Federalists vs. Antifederalists
• Federalists
– Favored Ratification
– Favored stronger central
government
– Washington & Madison
(VA), Hamilton (NY), John
Jay, Franklin (PA)
– Published 85 essays called
“The Federalist Papers”
defending and explaining
the Constitution
– More organized
• Antifederalists
– Opposed ratification
– Feared strong central
government
– Patrick Henry and George
Mason (VA), John
Hancock, George Clinton
(NY)
– Feared government abuse of
individual rights
– Called for a specific “Bill”
of Rights
– Less organized
Art. 5, 6, 7
Federalists
A strong national gov’t over the states
was needed to protect “life, liberty,
property and the pursuit of happiness”
Constitution was a “sound” document
which “limited” the power of the national
govt.
•George
Washington
• Ben Franklin,
•John Adams,
Gave it power to settle problems within
•James Madison
the country.
•Alexander
Hamilton
Representative democracy is what the
constitution was built on and stated in the
Preamble, We the People.
Appealed to more the wealthy, business
owners and educated.
Art. 5, 6, 7Anti Federalists
Anti Federalists
•The national govt was too powerful and it
would take away your right to “life,
liberty, property and the pursuit of
happiness”
•Patrick Henry
•The constitution was a threat to the
“rights” we fought for in the Revolution
•Thomas
Jefferson
•States” should have more authority than
•Sam Adams
the national govt.
•George Mason
•Feared representative democracy was
threatened because our rights were not
protected.
•Appealed to the common man, farmers
and less educated
•George Clinton
(gov. of NY)
Federalist Papers
• John Jay
• James Madison
• Alexander
Hamilton
• Series of Essays
published in a NY
newspaper
• Brilliant
explanations of
Constitution
The Federalist Papers
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Signs and Seeds of Political parties
• These divisions
led to the
beginnings of
political parties
• NOT formal
organizations
(yet)
• Washington and
others feared
these “factions”
Evolution of Major Parties
Federalist & Antifederalist Strongholds, 1787–1790
Bill of Rights
• First 10 Amendments
to the Constitution
• Listed basic “natural”
rights
• A compromise to gain
Anti-federalist support
• Madison drafted them
Bill of
rights
First 10 Amendments to the
Constitution in 1791
Rights and freedoms won in
the Revolution are preserved
and protected…
1.
2.
3.
4.
5.
FREEDOM of Religion,
Press, Speech, Assembly,
Petition
RIGHT TO KEEP AND
BEAR ARMS
No QUARTERING of
soldiers in peacetime
NO UNREASONABLE
SEARCH and SEIZURE
PROTECTION of
ACCUSED
6.
RIGHT TO A SPEEDY,
PUBLIC TRIAL BY JURY
7. TRIAL BY JURY IN CIVIL
SUITS
8. NO EXCESSIVE FINES or
CRUEL PUNISHMENT
9. POWERS RESERVED TO
THE PEOPLE
10. POWERS RESERVED TO
THE STATES
The Bill of Rights
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US Govt 1789
States given 40% of
governmental
powers…States would
have some powers to
control their own
affairs.
New Constitution
gave the National
Govt. 60% of
governmental
powers….National
Govt. was over the
states……..
With the new
constitution, the
National
Government was
given the power to
tax, regulate trade,
enforce its laws and
over the states.
National Govt. law
would always be
over the states.
How the Weaknesses of the Articles of Confederation were
Corrected by the Constitution
US Constitution
Articles of Confederation
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States have most of the power and national govt.
has little.
No executive to carry out the laws of Congress
No national courts---only state courts
9/13 states have to approve a law before it goes
into effect
Congress has no power to tax
Congress can not regulate trade among the
states.
Each state coined its own money. No national
currency.
Unicameral Congress
Articles only a “firm league of friendship”
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States have some power, but most power is given
to the national govt.
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Electoral College
3 branches of govt.
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Federal Government
Executive---enforces law
Legislative---makes law
Judicial---interprets law
Checks and balances
Congress given the power to tax, regulate trade
and enforce laws.
Only national govt. has the power to coin money
Bicameral (2 house) Congress
Equal Representation by States and a State’s
population
Constitution established a strong National Govt.
over the States and to form a more “perfect
union”