Download Creating the Constitution

Creating the
Constitution
From the Articles of
Confederation to the Bill of
Rights
Standards
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SSUSH5 The student will explain specific events and key ideas that brought about the
adoption and implementation of the United States Constitution.
a. Explain how weaknesses in the Articles of Confederation and Daniel Shays’ Rebellion led
to a call for a stronger central government.
b. Evaluate the major arguments of the anti-Federalists and Federalists during the debate on
ratification of the Constitution as put forth in The Federalist concerning form of government,
factions, checks and balances, and the power of the executive, including the roles of
Alexander Hamilton and James Madison.
c. Explain the key features of the Constitution, specifically the Great Compromise, separation
of powers (influence of Montesquieu), limited government, and the issue of slavery.
d. Analyze how the Bill of Rights serves as a protector of individual and states’ rights.
e. Explain the importance of the Presidencies of George Washington and John Adams; include
the Whiskey Rebellion, non-intervention in Europe, and the development of political parties
(Alexander Hamilton).
Confederation v. Federation
 Confederation:
A confederation is an
association of sovereign member states,
that by treaty have delegated certain of
their competences to common
institutions, in order to coordinate their
policies in a number of areas, without
constituting a new state on top of the
member states
Confederation v. Federation
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Federation: a type
of sovereign state
characterized by a
union of partially
self-governing
states or regions
united by a central
(federal)
government.
Introductory Video
 America
Gets a Constitution
The Articles of Confederation
 After
independence, states chose how
they were to carry out a their own
republican form of government
 1777 – Continental Congress adopted the
Articles of Confederation (Ratified 1781)
 Some powers granted to central
government but MOST were left up to
individual states
Problems with the Articles
 Federal
gov’t could declare war and
other foreign affairs
 Federal gov’t have no power to collect
taxes, relying only on contributions from
states
 Resolving MAJOR issues required 2/3 of
the states to approve (9 total)
 Any amendments to the Articles took the
approval of all 13 states
Governing Western Lands
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In the Land Ordinance of 1785 Congress laid out
plans for peacefully settling Western land ceded
from France in the 1763 Treaty of Paris.
The Northwest Ordinance of 1787
Outlined the steps for a territory to apply for
statehood.
OH, IN, IL, MI, WI and parts of MN
BANNED SLAVERY in these territories
Led to increased interaction with Natives; broke
the promise of the Proclamation of 1763
Called for establishment of free public schools
Shay's Rebellion (MA, 1786-87)
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The wealthy investors that
had paid for the Revolution
wanted their money back.
The states raised taxes to
pay the debt.
Poor farmers rioted in
protest of the raised taxes.
Massachusetts didn’t have
the money to raise an army
to stop the riots.
Congress didn’t have the
power to tax to raise a
national army to stop the
riot
Effects of Shay’s Rebellion
 People
would defy any government that
acted against their wishes.
 It showed America that the federal
government had to be strengthened to
avoid civil unrest.
Call for a stronger central
government
 Shays
rebellion
forced Americans
to reevaluate the
effectiveness of a
loose
confederation in
responding to the
needs of its citizens.
Constitutional Convention, 1787
Meeting in Philadelphia, 1787
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Spring/Summer 1787,
leaders from 12
states (except RI)
met in Philadelphia
at Independence
Hall to REVISE the
Articles of
Confederation
Elected George
Washington as
president of the
convention
Federalists vs. Anti-Federalists
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Two different groups emerged from the
debate over whether to revise the Articles or
create a brand new Constitution
Federalists –favored a strong central
government (George Washington, James
Madison, Alexander Hamilton)
Antifederalists- favored states’ and individual
rights, feared a strong central government
would lead to tyranny (Thomas Jefferson,
Samuel Adams, Patrick Henry)
James Madison
 Rival
to Hamilton at
the Convention
 “Father of the
Constitution”
 Believed a large
republic with
diverse interests
would preserve the
common good
Alexander Hamilton
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Rival to Madison at
Convention
Favored government
ruled by aristocracy
and monarchy
Looked out for the
interests of
businessmen and the
wealthy
Rival Plans of Government
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Delegates debated how best to distribute
representatives to the new Congress for each
state
Virginia Plan – proposed by Madison;
bicameral (two house) legislature with larger
populated states having more members
New Jersey Plan – would retain unicameral
(one house) legislature and all states have
EQUAL number of members
The Great Compromise
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Proposed by Roger
Sherman
Proposed bicameral
legislature to appease
both sides
Senate – EQUAL
representation; 2 per
state
House of
Representatives –
based on population
Also divided power
between federal and
state governments
(system known as
Federalism)
Slavery and the Three-Fifths
Compromise
 Debate
sparked between Northern and
Southern delegates
 South feared domination by North, which
had far more free peoples
 South feared that the institution of slavery
would be in jeopardy
 All knew that the issue of slavery could
tear apart the newly formed country
Slavery and the Three-Fifths
Compromise
 1st
– Constitution forbade Congress from
blocking the importation of slaves for 20
years (until 1808).
 2nd – Slaves counted as 3/5 of a person in
allocating state representation
 3rd – All states required to return fugitive
slaves to their owners
Ratifying the Constitution
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Founding Fathers
decided that
ratification by only 9
states would be
enough to put into law
the new Constitution
“The Federalist Papers”
– series of essays
written by Hamilton,
Madison and John Jay
(right) promoting the
views of the Federalist
faction
Still many states were
Anti-Federalist and
refused to ratify
Bill of Rights
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Only after many state conventions were
promised an individual “Bill of Rights” did they
ratify the Constitution.
Bill of Rights – first 10 Amendments; composed
by James Madison
Intended to protect individuals from a strong
central government and give them certain
specified rights
Included freedom of religion, petition,
assembly, the press, legal rights, right to bear
arms, etc.
The Bill of Rights
1. Freedoms of Speech,
Assembly, Religion, Press,
petition for redress of
grievances
2. Right to bear arms
3. No quartering act
4. Privacy, search and
seizure
5. Due process, double
jeopardy, self
incrimination
6. Speedy, public trial
7. Trial by jury
8. Prohibits cruel and
unusual punishment
9. Rights not specifically
mentioned are also
protected
10. All powers not
delegated to the
Federal government are
reserved for the states
Principles of New Constitution
(AKA words you need to know)
 Popular
sovereignty – gov’t derives its
political authority from the people
 Limited Government – the central gov’t
has ONLY the powers the Constitution
gives it
 Separation of Powers – gov’t divided
among three branches (legislative,
executive and judicial): Montesquieu!
Principles of New Constitution
(AKA words you need to know)
 Federalism
– federal and state gov’ts
share power
 Checks and Balances – each branch has
the power to limit actions of the other two
 Representative democracy (Republic) –
citizens elect reps to gov’t to make laws
 Electoral College – group of people
chosen by each state who directly elect
the President
President Washington - #1
 Established
precedents
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enduring
2 term tenure
Cabinet
Proclamation of Neutrality
 Federal
Court System (1789)
 Creation
of 13 circuit (one in
each state) and 3 courts of
appeals throughout nation
 Warned
about development
of political parties
Development of Political
Parties – Alexander Hamilton
 Hamilton
formed the
Federalist Party who believed
in a very strong central
government
 Federalists pushed to:
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Increase Federal power
Place a high tax on whiskey
Sponsor a protective tariff (Tariff
of 1789) to pay off debt from
Revolution and operate
government
Sponsored the creation of a
national bank
The Whiskey Rebellion
 It
occurred because of the tax on
whiskey.
 Whiskey was important to western farmers
because it was a product of corn that
could be shipped east for sale.
 The poor farmers rebelled against the tax.
 Washington used the army to put down
the rebellion.
 This demonstrated that the new
government was committed to enforcing
its laws and that the new Constitution
worked.
Development of Political
Parties – Thomas Jefferson
 Jefferson
formed the
Democratic-Republicans
who believed in preserving
the power of the states
 Democratic-Republicans
believed:
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Maintain power among
state governments
Federalists policies focused
on the wealthy at the
expense of the common
man
President Adams - #2
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Only Federalist president
Presided over:
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XYZ Affair
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Alien & Sedition Acts
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France tried to interfere with US
trade after the US made a trade
agreement with Britain
France tried to bully the US into a
bribe to resume free trade
US remained neutral
Increased the time for citizenship
from 5 to 14 years
Made it illegal to speak out against
or criticize the President or
Congress
Virginia & Kentucky Resolutions
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Push by Dem-Republicans for
states to nullify federal laws they
considered unconstitutional (in
response to Sedition Act)
COMPARE/CONTRAST CHART
FEDERALISTS/FEDERALIST
PARTY
ISSUES
1)GOVERMENTAL
POWER
2) TAXES
3) LAWS/RULES
4) FOREIGN
INTERVENTION
ANTI-FEDERALISTS/
DEMOCRATICREPUBLICAN PARTY