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Creating the Constitution
Chapter 8
Introduction
After the Revolutionary War ended, Virginia Patriot,
James Madison worked in Congress to tried to get the
states to work together. He failed.
After declaring independence in 1776, Congress had
tried to unite the states under one nation government.
Members of Congress feared that a strong central
government would crush the rights they were fighting
to preserve.
Their solution was a plan of government called the
Articles of Confederation.
Articles of Confederation
The Articles created “a firm league of friendship” in which “each
state retains its sovereignty (power), freedom and independence.”
This “league of friendship” was a loose union in which the 13 states
cooperated for common purposes.
It was run by Congress where each state had one vote.
On paper, the Articles of Confederation gave Congress several
important powers:
Make war and peace
Raise an army and a navy
Print money
Set up a postal system
Articles of Confederation
In reality, these powers were limited by the inability of
Congress to impose taxes.
Congress had to ask the states for funds to do anything
and often, states would ignore Congress’ requests.
James Madison said the Articles of Confederation were
no more effective a binding the states into a nation
than “a rope of sand.”
Articles of Confederation
Title page:
The first Constitution
of the United States.
The states held the
most power.
The national
government could not
collect taxes or settle
disputes between
states.
Early Quarrels and Accomplishments
Before the end of the Revolutionary War, states began
quarreling (arguing) among themselves about taxes on
goods that crossed state borders.
States quarreled over boundaries and Congress was
unable to end the arguing.
This was one of the weaknesses of the Articles of
Confederation.
Developing Western Lands
Congress did get the states to agree on how to develop the
western lands acquired by the United States in the Treaty of
Paris.
There was no organized way to settle that land. Settlers simply
moved there and claimed land. This resulted in disputes over
who really owned the land.
Congress ended the confusion by passing the Land Ordinance
of 1785.
Under this law, western lands were divided into six-mile squares
called “townships”.
Each township was then divided into 36 sections of 640 acres
each.
One section of each square was for public schools and the other
sections were sold to settlers.
Developing Western Lands
Surveyors proceeded to lay out townships in the Ohio
Valley, then known as the Northwest Territory.
By 1787, the government was ready to sell sections to
settlers. This raised the question of how these areas
would be governed.
Were they to be colonies of the United States or new
states?
The Northwest Ordinance
Congress answered this question in
the Northwest Ordinance of 1787.
This law divided the Northwest
Territory into smaller territories,
each governed by a territorial
governor.
When a territory had 5,000 free
adult males, it could elect its own
legislature (lawmaking body).
When the population reached
60,000, a territory could apply to
Congress to become a state.
The Northwest Ordinance
The Northwest Ordinance
included a list of rights that
gave settlers the same
privileges as other citizens,
except for one=slavery.
Slavery was banned in the
Northwest Territory.
This system of settlement
served the nation well.
Over time, the United
States would continue to
establish territories as it
spread to the Pacific Ocean
and beyond.
The Need for Change
Under the Articles of Confederation, the new nation also
had serious money problems.
The paper money printed by Congress during the war was
worthless.
Congress had the power to make coins that would not lose
their value, but it lacked gold or silver to mint into coins.
The states reacted to the money shortage by printing their
own paper currency (money). Eventually, bills of different
sizes and colors were floating from state to state.
No one knew what any of these currencies were worth, but
most agreed that they were not worth much.
Shays’ Rebellion: Massachusetts
Farmers Rebel
The money shortage was particularly hard on farmers
who could not earn enough money to pay their debts
and taxes.
In Massachusetts, judges ordered farmers to sell their
land and livestock to pay off debts.
The farmers rebelled under the leader, Daniel Shays.
(Shays was also a hero of Bunker Hill.)
Shays and his followers closed down courthouses to
keep judges from taking their farms.
Shays’ Rebellion
Next, they marched on the national arsenal
(place where weapons and ammunition are
stored) at Springfield to seize the weapons
stored there.
Congress was unable to stop them because
the Continental Army was disbanded.
Massachusetts ended Shays’ Rebellion by
sending militia troops to Springfield to
restore order.
To many Americans, the uprising was a
disturbing sign that the nation they fought
so hard to create was falling apart.
A Call for a Convention
Shays’ Rebellion shocked Congress into calling for a convention
to consider “the situation of the United States.”
Each state was invited to send delegates to Philadelphia in May
1787, “for the sole and express purpose of revising the Articles
of Confederation.”
James Madison believed that a nation made up of many groups
needed a strong central government.
Opening the Constitutional Convention
In the summer heat on May 25th, 1787, the
Constitutional Convention met for the first
time in the east room of the Pennsylvania
State House (later called Independence Hall;
also where the Declaration of Independence
was written 11 years earlier.)
The delegates first action was to elect George
Washington president of the convention.
He was admired and respected as the former
commander of the Continental Army.
The Delegates
55 delegates from 12 states attended the convention.
Rhode Island, which prided itself as “the home of the otherwise
minded” and feared a strong national government, boycotted
the meeting.
Some leaders of the Revolution were missing: John Adams and
Thomas Jefferson were representing the United States in Great
Britain and France.
Other who did not attend included Sam Adams, John Hancock
and Patrick Henry – they feared a strong national government
would endanger the rights of the states.
The Delegates
The delegates were
described by a historian as,
“the well-bred, the well-fed,
the well-read, and the wellwed.”
Their average age was 41.
Benjamin Franklin was the
oldest at age 81.
More than two-thirds were
lawyers. More than one in
three owned owned slaves.
The Father of the Constitution
James Madison was a leader in the
convention. His influence was so great
that later he would be called “The Father
of the Constitution.”
Madison addressed the convention over
200 times.
When he wasn’t speaking he was sitting
near the front taking notes.
His notes covered more than 600 printed
pages. From this record (James Madison
Papers) we know what went on inside the
convention day by day.
The Rule of Secrecy
No one outside the convention knew what was
happening.
After choosing the president of the convention,
delegates voted on rules for the convention. The most
important of which was secrecy.
The delegates wanted to feel free to speak their minds
without causing alarm or opposition among the
general public.
Not a single word about the convention debates
appeared in any newspaper.
Shared Beliefs and Clashing Views
The delegates had a lot in common, but they also had
very different views on many of the issues facing the
new nation.
Delegates were committed to the ideals of the
Declaration of Independence and agreed the basic
purpose of the government was to protect the rights to
“life, liberty, and the pursuit of happiness.”
They also believed the “just powers” of government
came from “the consent of the governed.”
Shared Beliefs and Clashing Views
These beliefs reflected liberal ideas of England’s
Enlightenment thinkers who believed that human
rights are decided by “laws of nature.”
Among these rights were the rights to liberty and
equality.
The best way to protect these rights was through some
form of republic (a country governed by elected
representatives.)
Shared Beliefs and Clashing Views
The delegates used ideas and the framework of government
from their own states. Each state had a form of elected
representatives and a local constitution (written plan that
provides the basic framework of government.)
They had difficult questions to answer:
How should have a say in a truly representative government?
How powerful should the national government be?
If it was too powerful it jeopardized the rights of people.
Too weak (Articles of Confederation) it cannot do its job to
protect liberty and property.
Issue: How should states be represented in the
new government?
Most delegates initially believed that they were there to
revise the Articles of Confederation.
Virginia delegates presented a new plan of government.
After much debate, it was decided to throw out the
Articles of Confederation and write a new
constitution.
The delegates (later known as the “framers”) were
divided on where the government should get its power
to rule. Madison’s answer was in the Virginia Plan and
said the government’s power should come directly from
the people.
The Virginia Plan
The Virginia Plan called for a strong national government
with 3 branches (parts).
Legislative Branch (Congress) would make laws.
Executive Branch (President) would carry out (“execute”) laws.
Judicial Branch (Courts) would apply and interpret the laws.
Congress would be made up of 2 houses (bicameral=2
chambers/houses).
House of Representatives
Senate
The number of lawmakers that a state could send to Congress
depended on its population.
Larger states liked this idea because larger populations had
more power in both houses of Congress.
The New Jersey Plan
Delegates from the smaller states disliked the Virginia
Plan.
Before they voted, William Paterson of New Jersey
introduced a rival proposal.
Like the Virginia Plan, the New Jersey Plan called for a
3 branch government; however, the legislative branch
would have 1 house (not 2). Each state would have an
equal vote in Congress regardless of their population.
This would keep the smaller states from being
overpowered by the larger, more populous states.
The Great Compromise
Debates and tempers rose and continued into July.
Finally, a compromise was proposed based on a plan put forward
earlier by Roger Sherman of Connecticut.
The compromise kept the 2-house Congress.
The House of Representatives would represent the people and the
number of representatives would be based on the state’s population.
The 2nd house, the Senate, would represent the sates. Each state
would have 2 senators, to be elected by their state legislatures.
The vote was close, but the plan was approved and became known as
the Great Compromise.
How should slaves be counted?
People or Property?
Nine-tenths of the slaves lived in the South.
Like everyone else, southerners wanted as many
representatives in the House as possible. They argued
that slaves should be counted in their total population.
Delegates from the North did not agree and argued
that slaves were property in the south and if they were
to be counted as people they should become citizens
and allowed to vote.
New Thinking on Slavery
In the North, new thinking inspired by Ben Franklin’s
Antislavery Society, led one state after another to pass
laws ending slavery.
In the south, people were not ready to abolish it
because the economy was still too dependent on the
labor of slaves.
Some southern states did pass laws making it easier for
owners to free their slaves.
The Three-Fifths Compromise
After a bitter debate, James Madison proposed a compromise
to count each slave as three-fifths of a person in the
population.
The delegates approved this idea.
This compromise was against the line in the Declaration of
Independence saying “all men are created equal,” but it served
the necessary purpose of moving forward.
The Three-Fifths Compromise
Issue: How should a Chief Executive be
Elected?
Another Issue: Who would head the new government’s executive branch?
James Madison suggested that a single person should serve as the chief
executive.
The delegates were afraid that one person would take advantage of their
power, like King George III had done.
The debate started…1 executive or 3…
The framers eventually agreed on a single executive, to be called the
“president.”
To keep this leader from becoming like a king, the president’s term would be
limited to 4 years.
A vice president would also be elected to fill the position if they president
died in office.
Choosing the Chief Executive
Some delegates wanted Congress to elect the president, but
others feared that the person chosen by Congress would do as
Congress instructed him.
Other delegates suggested the people vote on the president, but
Madison feared people would choose someone from their own
state and that would be unfair to smaller states.
Other delegates thought the president should be chosen by a
group of “electors” from each state in order to make a wise
choice for the entire country.
The Electoral College
After much debate, they decided that a special body called the
Electoral College would elect the government’s leaders.
The Electoral College is made up of electors who cast votes to elect the
president and vice president every few years.
Each state has as many electors in the Electoral College as the number
of senators and representatives it sends to Congress.
Each state could decide how they choose the electors.
Originally, the electors voted for 2 candidates without saying which
should be president or vice president.
Person with the most votes because president.
The runner up became vice president.
This system eventually caused much confusion in the 1800 election and
would be changed.
The Electoral College Today
Political Parties and Elections
The Electoral College was set up due to the framer’s
concerns that voters would not know enough about a
candidate outside their own state to choose a president
wisely.
Within a few years of the convention, political parties were
nominating candidates for president and educating voters in
each state about those candidates.
The Electoral College system still affects presidential
elections today. In most states, the candidate who gets most
of the votes (even if it’s less than half) gets all the state’s
electoral votes.
A candidate can win a majority in the Electoral College
without necessarily winning a majority of the votes in the
country.
Ex: 2000 election of George W. Bush
The Convention Ends
By the end of the summer, the designing of the
Constitution was finished, but it still needed to be accepted
by the states.
First question: How many states would have to ratify
(approve) the Constitution before it could go into effect?
The framers decided that 9 of the 13 states had to approve
it.
Second question: Who should ratify the Constitution - the
people or the state?
Delegates agreed: The Constitution would be ratified at
special conventions by delegates elected by the people in each
state.
Signing the Constitution
On September 17, 1787, the delegates declared the Constitution
complete.
Benjamin Franklin shared thoughts that would be printed in
over 50 newspapers:
“I confess that I do not entirely approve of this Constitution…if
therefore astonishes me to find this system approaching so near to
perfect…and I think it will astonish our enemies.”
No convention could create a perfect plan.
14 delegates left before the convention ended and 3 doubters did
not sign the Constitution. Only 38 of the original 55 delegates
signed the Constitution.
Ben Franklin declared that “a new day was dawning for the
United States.”
The Constitution Goes to the Nation
Newspapers in every state printed the Constitution.
Readers saw this as a plan that would create a “federal”
system of government, in which a strong national
government shared power with the sates.
The entire country was debating the same issues the
convention dealt with during the four months they
met.
The Federalists
Supporters of the Constitution called themselves
Federalists.
They argued that the Constitution would create a national
government that was strong enough to unite the
quarreling states into a single republic.
James Madison, Alexander Hamilton and John Jay led the
Federalist campaign for ratification.
They wrote newspaper articles identifying the weaknesses
of the Articles of Confederation and describing how the
Constitution would fix those weaknesses.
Federalists also addressed fears of Americans that a strong
government would threaten their freedom. They
discussed how the powers were limited.
The most influential articles published were called “The
Federalist Papers.”
The Anti-Federalists
Opponents of the Constitution were called the AntiFederalists.
They feared that Congress would over-tax them, the
president would be like a king, and the judicial branch
would overpower the state courts.
They complained that the Constitution listed the
powers of government, but left out the rights of the
people.
They did not want to give up any state power to form a
stronger union.