Download The Road to the Constitution

The Constitution
Chapter 3
The Nations First
Governments
Section 1
The First State constitutions
• Constitution= a detailed written plan for
government.
• Most state legislatures were bicameral.
• Each state had a Governor who carried
out the laws
• Each state had judges and courts to
decide what the laws meant.
The Achievements of the
Confederation Congress
• In November 1777, the Continental
Congress adopted the Articles of
Confederation and Perpetual Union.
• This was a plan for a loose union of the
states under Congress.
• The Articles of Confederation set up
a weak central government.
• FIRST Constitution of the U.S.
Articles of Confederation
• The Confederation Congress met just once a
year.
• One house Legislature with each state havingvote
• It had the power to declare war, raise armies,
and sign treaties.
• It, however, did not have the power to impose
taxes, regulate trade, or enforce its laws.
• The only way the Confederation Congress had
to raise money to pay its debts were to sell its
land west of the Appalachian Mountains.
Land Ordinance of 1785
• The ordinance created a new territory
north of the Ohio River and east of the
Mississippi River, which could become
three to five states.
• Ohio, Indiana, Illinois, Michigan, and
Wisconsin
• It was surveyed and divided the land into
townships each one 36 square miles.
• Established a system of settlement.
Northwest Ordinance of 1787
• It laid the basis for the organization of new
territorial governments and set a
precedent for the method of admitting new
states to the Union.
• When the population of a territory reached
60,000, it could apply to become a state.
• No Slavery in this territory!
Weaknesses of the Articles of
Confederation
• Lack of Central Power
–No single leader or group directed policy
–No national court system existed
• Rules too rigid
–Congress could not pass laws without the approval of
9 states
–The Articles could not be changed without the
agreement of all 13 states.
• Lack of Power and money
–Congress had no power to collect taxes.
–Congress had no power to regulate trade
–Congress had no power to enforce its laws
Congress Falters
• Because the Confederation Congress
could not regulate commerce, the states
set up customs posts on their borders and
levied taxes on other states’ goods
to raise money.
• This weakness of the Confederation
threatened the union of the states.
• The Confederation Congress had other
problems with foreign policy.
Congress Falters
• The federal government had no powers
over the states, so it could not force the
states to pay their debts to Britain or to
return property to Loyalists, which was
part of the Treaty of Paris.
• Also, the Congress had no way to raise
money to pay these debts.
• The British retaliated by refusing to
evacuate American soil as promised in the
treaty.
The Economic Crisis
• The end of the Revolutionary War and the
slowdown of economic activity with Britain
caused a severe recession in the United
States.
• To pay for the war, many states began to
tax their citizens heavily.
Shay’s
Rebellion
•Shays’s Rebellion broke
out in Massachusetts in
1786.
•It started when the
government of
Massachusetts decided to
raise taxes to pay off its
debt instead of issuing
paper money.
Shay’s Rebellion
• The taxes were worst for farmers, especially
those in the western part of the state.
• Those who could not pay their taxes and other
debts lost their farms.
• Farmers rebelled by shutting down county
courthouses.
• The rebellion, led by Daniel Shays, included
about 1,200 farmers.
• They went to a state arsenal to get weapons.
Shay’s Rebellion
• A government militia defended the arsenal
against the rebels, killing four farmers.
• Many Americans began to see the risk of
having a weak central government.
• They need Government protection!
• They called for a change in government.
What weaknesses of the
Confederation Congress led to a
call for change in the United States
government?
The Confederation Congress could not regulate commerce, so the
states set up customs posts on their borders and levied taxes on
other states’ goods to raise money. The federal government had no
powers over the states, so
it could not force the states to pay their debts to Britain or to return
property to Loyalists, which was part of the Treaty of Paris.
Congress had no way to raise money to pay these debts. The
limited powers of the Confederation Congress prevented it from
working out diplomatic solutions with Great Britain and Spain.
The Road to the
Constitution
Section 2
So who had all the power under the
Articles of Confederation??
THE STATES!!!!!!!
The Convention of 1787
• It was clear the national government
needed to be strengthened.
• Each state was asked to send delegates
to a convention in Philadelphia to make
changes to the Articles.
The Convention of 1787
• When
– May-September 1787
• Where
– Philadelphia, PA
– Independence Hall
• Who?
– 55 delegate representatives from all the
states except Rhode Island.
Why Rhode Island?
• Rhode Island chose not to because its
leaders opposed a stronger central
government.
• Feared the Central Government would
control everything!
Who made up the 55 delegates?
• The upper-class
• Well educated
• Lawyers, merchants, college presidents,
physicians, generals, governors, and
planters with considerable educational
experience
Notable Delegates?
• Benjamin Franklin of Pennsylvania
– Oldest Delegate at the age of 81
• George Washington
– Future President
• James Madison
– Future President
• Alexander Hamilton
– First Secretary of Treasury
Which groups did not attend?
• Native Americans
• African Americans
• Women
WHY?!?
Leader of the Convention
• George Washington
– Why?
• Responsibilities of the
leader:
– Call on speakers
– Make sure meeting
ran efficiently
– Appoint committees
Operating Procedures
• Seven states must be present
• Each state has one vote
• All discussions MUST be kept secret!
Public could not attend, doors guarded,
and windows kept shut.
– Enabled the delegates to speak freely without
the publics opinion.
– This policy meant that no formal records were
kept.
Need for a new constitution
• The intention was to revise the Articles of
the Confederation or make amendments.
• All the delegates agreed that changing the
Articles would not be enough. So they
decided to discard the Articles and write a
new constitution!
– Therefore the meeting in Philadelphia became
knows as the Constitutional Convention.
Goal of the Delegates
• What do you think their goal was?
Creating and Ratifying the
Constitution
Virginia Plan
• James Madison designed the Virginia Plan.
• It called for a government with three branches:
the legislative branch (lawmakers), executive
branch (to carry out the laws), and judicial
branch (a system of courts to interpret and
apply the laws).
• The legislature would have two houses, with the
states represented by basis of population in
each.
Madison’s Plan (Virginia Plan)
• Proposed a strong national government
with legislative, executive, and judicial
branches.
• Legislative Branch: House and Senate
• House elected directly—House chooses
senators
• Based on population!
• How do you think Madison’s plan made
small states feel? (Delaware, Maryland,
and NJ)
Virginia Plan
• The Virginia Plan appealed to the large states.
• The small states feared a government dominated
by large states would ignore their interests.
New Jersey Plan
• The New Jersey Plan also called for three
branches of government.
• The legislature would have one house and
each state would get one vote.
• This plan would give equal power to large and
small states.
Why did large states favor the
Virginia Plan and small states favor
the New Jersey Plan?
Constitutional Compromises
• Roger Sherman’s
committee proposed a
Senate and a House of
Representatives.
• Each state would have
equal representation in
the Senate.
Representation in the
House would be based
on population.
• The delegates accepted
this Great Compromise.
Great Compromise!
• Bicameral Legislature= two-house
• House elected on state population.
• Senate—each state has 2 members,
regardless of population.
• EACH SIDE gave up a part of what it
wanted in order to benefit all.
Constitutional Compromises
• Southern states wanted to count enslaved
African Americans as part of their population in
determining representation in the House.
• Northern states opposed this plan.
• In the Three-fifths Compromise, delegates
agreed that every five enslaved persons would
count as three free persons for determining
congressional representation and figuring taxes.
Constitutional Compromises
• Northern states wanted Congress to be able to
regulate foreign trade and trade between the
states.
• Southern states feared Congress would then tax
their exports and stop the slave trade.
• They agreed to give Congress the power to
regulate trade, but it could not tax exports or
interfere with the slave trade before 1808.
Constitutional Compromises
• Delegates disagreed on whether Congress
or the voters should choose the president.
• The solution was the Electoral College, a
group of people named by each state
legislature to select the president and vice
president.
• Today, the voters in each state, not the
legislators, choose electors.
Why did the Southern states at first
oppose giving Congress the power
to regulate trade?
Writing Activity
• Write a journal entry about one of the
issues dealt with at the Convention.
Take a position on the issue, explain
the opposing view, and describe the
compromise that resulted.
• Write your journal on a sheet of paper
Signing of the Constitution
• September 17, 1787 39 delegates signed
the Constitution
• “The Framers of the Constitution”---Why
are the delegates sometimes referred to
that?
Approving the Constitution
• Ratification required at least 9 of 13 state
conventions to vote “yes.”
• Supporters of the constitution called themselves
Federalists to emphasize that the Constitution
would create a system of federalism, a form of
government in which power is divided between
the federal, or national, government and the
states.
• Federalists argued for a strong central
government.
• Federalist Papers
Approving the Constitution
• Opponents, the Anti-Federalists, wanted more
power for the states and less for the national
government.
• They also wanted a bill of rights to protect
individual freedoms.
• Both agreed to add a bill of rights. This promise
turned the tide.
• The Constitution took effect when New
Hampshire became the ninth state to ratify it.
Why did the Anti-Federalists
oppose the Constitution?
They felt it gave too much power to the
national government and took too much
away from the states. They also felt it
needed a bill of rights to protect certain
individual liberties, such as the freedom of
speech and religion.
The Structure of the
Constitution
Section 3
The Constitution and its parts
• The main purpose of the Constitution is to
provide a framework for government, but it
is also the highest authority in the nation.
• The powers of all branches come from it. It
has three main parts: the Preamble,
seven articles, and amendments.
• The Preamble states the goals and
purposes of government.
• The first part makes clear that government
gets its power from the people and exists
to serve them.
The Preamble
• The Preamble states six purposes:
–“To form a more perfect Union”
–“To establish Justice”
–“To insure domestic Tranquility”
–“To provide for the common defense”
–“To promote the general Welfare”
–“To secure the Blessings of Liberty to
ourselves and our Posterity”
Articles of the Constitution
• The articles explain how government is to
work.
• The first three articles describe the powers
and responsibilities of the three branches
of government.
Article I
• Article I describes the
legislative branch as
two houses with
lawmaking authority.
• It then describes how
members will be
chosen.
• The article also lists
specific powers
Congress does and
does not have.
Article II
• Article II establishes
the executive, or lawenforcing, branch
headed by a
president and vice
president.
• It explains how these
leaders will be elected
and can be removed
and describes their
powers and duties.
Article III
• Article III establishes
the judicial branch to
interpret and apply
the laws.
• It calls for one
Supreme Court plus
lower courts and
describes the
powers of federal
courts.
Other Articles
• Article IV says that all states must respect
one another’s laws and explains the
process of creating new states.
• Article V specifies how the Constitution
can be amended.
• Article VI declares that the Constitution is
the “supreme Law of the Land” and federal
law prevails over state law.
• Article VII states that the Constitution
would take effect when nine states ratify it.
Amending the Constitution
• An amendment is any change to the
Constitution.
• The first 10 amendments are the Bill of Rights.
• The Sixteenth Amendment allows Congress to
collect an income tax–a tax on people’s
earnings.
• The Framers made sure that the Constitution
could not be altered without overwhelming
support of the people.
• Only 27 amendments have become law.
Amendment Process
• The amendment process involves two steps:
proposal and ratification.
• An amendment may be proposed by a vote of
two-thirds of both houses of Congress or by a
national convention requested by two-thirds of
the state legislatures.
• Once proposed, an amendment must be ratified
by three-fourths of the states.
• The states can do this by a vote of either the
state legislature or a special state convention.
Interpreting the Constitution
• The Constitution is a general document
and open to interpretation.
• Article I gives Congress the power “to
make all Laws which shall be necessary
and proper” to carry out its duties.
• This necessary and proper clause allows
Congress to exercise implied powers not
specifically listed in the Constitution.
Interpreting the Constitution
• Americans disagree on what laws are
“necessary and proper.”
• Loose interpreters believe Congress can make
any laws not specifically forbidden.
• Strict interpreters believe Congress can make
only the kinds of laws mentioned by the
Constitution.
• The Supreme Court has the final authority on
interpreting the Constitution.
• Each new interpretation, whether strict or loose,
changes our government.
Interpreting the Constitution
• Actions by Congress and the president have
also caused new interpretations.
• For example, the president requests legislation
from Congress.
• This action is not directed by the Constitution.
• Custom also changes the interpretation of the
Constitution.
• For example, political parties, not mentioned in
the Constitution, are part of today’s political
system.
Principals Underlying the
Constitution
Chapter 3
Section 4
Popular Sovereignty
• The Framers had a common vision for the
government: It should be representative of
the people and limited in scope.
• Power should be divided among different
levels.
• To achieve these ends, the Framers
embraced five principles as the backbone
of the Constitution: popular sovereignty,
rule of law, separation of powers, checks
and balances, and federalism.
Popular Sovereignty
• Article IV guarantees a republic, in which
supreme power belongs to the people
(popular sovereignty).
• The people express their will through
elected representatives.
• Provisions, such as those about the right
to vote, ensure popular sovereignty.
What does “popular sovereignty”
mean?
Popular sovereignty is the notion that power
lies with the people. Taken apart,
“sovereignty” means the right to rule and
“popular,” in this case, means the
population or public.
Rule of Law
• The Framers believed the government
should be strong but not too strong.
• The Constitution sets limits by stating what
government may and may not do.
• Government is also limited by the rule of
law.
• This means that the law applies to
everyone, even those who govern.
Separation of Powers
• To keep any one person or
group from becoming too
powerful, the Framers
divided government into
three branches with
different functions.
• This split of authority
among the legislative,
executive, and judicial
branches is called the
separation of powers.
Checks and Balances
• Checks and balances keep any one
branch from becoming too powerful.
• Each branch can check, or restrain, the
power of the others.
• For example, the president can veto laws,
Congress can block presidential
appointments, and the Supreme Court can
overturn laws it finds contrary to the
Constitution.
Checks and Balances
Federalism
• Under federalism, power is shared by the
national government and the states.
• Americans must obey the laws of both.
• Enumerated or expressed powers are powers
the Constitution specifically grants to the
national government.
• Powers not given to the national government are
reserved powers kept by the states.
• Powers that both levels of government can
exercise are concurrent powers.
Supremacy Clause
• Article VI (page 71 in your textbook)
• Laws passed by congress and treaties of
the United States “shall be the supreme
Law of the Land.”
• When national and state laws conflict, the
Constitution is the final authority.
• Neither the national nor state governments
may act in violation of it.
Federalism
• The Constitution is both durable and
adaptable.
• It provides the government sufficient
power to keep order, protect, and defend,
yet sets limits to avoid tyranny.