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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 QuickTime™ and a Sorenson Video 3 decompressor are needed to see this picture. 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 QuickTime™ and a Sorenson Video 3 decompressor are needed to see this picture. 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”? • • • • • • 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 QuickTime™ and a Sorenson Video 3 decompressor are needed to see this picture. 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 QuickTime™ and a Sorenson Video 3 decompressor are needed to see this picture. 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 QuickTime™ and a Sorenson Video 3 decompressor are needed to see this picture. 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 QuickTime™ and a Sorenson Video 3 decompressor are needed to see this picture. 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 • • • • • • • • • 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” • States have some power, but most power is given to the national govt. – • • Electoral College 3 branches of govt. – – – • • • • • • 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”