Download United States

Chapter Seven
American History
Creating a Republic
During the Revolutionary
War, state governments
began to dissolve
As a result, in May of
1776, the Second
Continental Congress
began to ask states to
form their own
governments
In July of 1776, the
Congress began to
organize a national
government
Source: National
Park Service
Most states created
Constitutions
(documents that
set laws and
principles
of a government),
which served 2
purposes:
1.  spell out rights of
citizens
2.  limit the power of
government
Samuel Adams
Library of Congress
Americans wanted to prevent an
abuse of power so they divided
government into two parts:
All colonies had a
Legislative Branch:
•  Lawmakers
•  Elected by voters
•  had an Upper (Senate)
and Lower House
Executive (governor):
•  Carried out laws
•  All states but PA had a
governor
Virginia was the first of
several colonies to include
a bill of rights which lists
the freedoms the
government promises to
protect:
For example, freedom of:
• 
• 
• 
• 
• 
speech
religion
assembly
press
trial by jury
The right to vote also
expanded under state
constitutions
To vote you had to be
• 
• 
• 
male
At least 21 years of age
property owner or pay a
tax
•  In some states free
blacks could vote
•  In New Jersey, women
could vote for a while
Members of the
Continental Congress
also agreed that a
national plan of
government had to be
created
Because most Americans
were loyal to their states,
few saw themselves as
citizens of the United
States .
They did not want to turn
over powers of the state
to a national government
Source: National Archives
•  Because Americans feared tyranny, the Congress created
a very weak national government.
•  The first American constitution, completed in 1777, was
the Articles of Confederation
The Articles of Confederation, ratified in 1781. This was
the format for the United States government until the
Constitution
The authors of the Articles of
Confederation did not create a
nation, but a firm league of
friendship between the 13
states
The Articles of Confederation
created a Congress with 2-7
delegates from each stateBUT each state only had one
vote
It did not create an executive
or judicial branch
Under the Articles of
Confederation
Congress could
1.  maintain the military
2.  conduct foreign policy
3.  declare war
4.  make peace
5.  coin money
The Congress could NOT regulate
trade between the states or
between states and foreign
nations.
Congress had to ask states for money to
keep the federal government going- they
could not force them to contribute
In order to pass laws, 9 of
the 13 states had to vote
in favor
Summary of the Articles of
Confederation:
1.  created a loose alliance
between states
2.  did not provide for a
president (no executive
branch) and laws had to
be enforced by the states
3.  did not create a court
system (no judicial
branch) and the
government could not
resolve differences
between the states
CREDIT: Tholey, Augustus, artist. "Leaders of the Continental Congress." Wm. Finley
& Co., copyright 1894. Prints and Photographs Division, Library of Congress.
Most states ratified the Articles
of Confederation, but Maryland
originally refused
Maryland was concerned
because states like Virginia were
claiming land in the west
They feared that larger states
would become extremely
powerful
They also feared that states that
claimed land in the west could
sell the land to make money and
avoid taxes. If that happened,
they feared, citizens of Maryland
would move to places like
Virginia to avoid taxes
Maryland demanded that all of
the land west of the
Appalachian Mountains be
turned over to the Congress
The larger states rejected the
demand
Fortunately, Thomas Jefferson
and other respected leaders
stepped forward and convinced
lawmakers to give up their
claims to western lands
They were successful and
Maryland ratified the Articles of
Confederation and they went
into effect in 1781
Thomas Jefferson
Review 7-1
1.  What is a constitution?
2.  What are the two main purposes of a constitution?
3.  Why did colonial constitutions divide their government into two branches
of government?
4.  What is a bill of rights .
5.  In order to vote, what criteria did one have to meet in every colony?
6.  Why did the Congress create a very weak national government?
7.  The Articles of Confederation were completed (written) in what year?
8.  Rather than a strong, centralized national government, the Articles of
Confederation created what between the colonies?
9.  How many votes in Congress did each state get?
10. What was the only branch of government created by the Articles of
Confederation?
11. Under the Articles of Confederation, what were some of the things
Congress was required to do?
12.  Under the Articles of Confederation, what were some of the things
Congress was forbidden to do?
13.  In order to pass a law under the Articles of Confederation, what was
required?
14.  Why did Maryland refuse to sign the Articles of Confederation?
15.  (a) How was the matter above resolved and (b) what year were the Articles
of Confederation ratified?
Robert Morris
Robert Morris
After the
Revolutionary War,
the United States
was in serious
debt
Robert Morris, the
U.S. s chief
financier, had used
up all his
resources,
borrowing from
wealthy
Americans, and the
country had about
$27,000,000 of debt
to repay
•  During the Revolutionary War, the Congress solved its
money problems by printing paper money, but it had no gold
or silver to back it up
•  This caused massive inflation (prices rise, wages remain
the same)
•  Items that cost a single Continental dollar in 1776, cost
$1,000 in 1780
•  Because the Continental dollar became so worthless,
individual colonies began to print their own money
•  This caused more confusion
•  Money from each of the colonies were valued differently
•  As a result, most colonies would not accept money printed
outside of their colony
•  Trade between the states suffered as a result
Other problems arose as a
result of the weak national
government
New York, Massachusetts,
and New Hampshire claimed
Vermont. The Articles of
Confederation did not allow
the government to solve the
problem
It was finally resolved after
Vermont paid New York
$30,000 and officially became
an independent state in 1790
(the 14th state)
Additionally, foreign
nations took
advantage of
American weaknesses
The British refused to
remove troops from
the Ohio Valley
(despite the
conditions of the
Treaty of Paris)
The Spanish closed
the port of New
Orleans to American
farmers
•  Western settlers also caused problems for the
Congress
•  Settlers in the frontier began to feel neglected and
tried to form their own states
•  In Kentucky, settlers set up the state of
Transylvania
•  In eastern
Tennessee
they set up
the State of
Franklin (after
Benjamin
Franklin) and
applied for
admittance to
the Union
Congress decided to pass 2 laws
to deal with Northwestern land:
It divided the territory into 36
square mile townships
Each township was then divided
into 36 one square mile sections
which contained 640 acres
Congress planned to sell each
section for $640 each
One section was always set
aside for a public school
Half Section
320 Acres
Quarter
Section
160 Acres
1 mile
1 mile
The first was the Land Ordinance
of 1785 (dealt with settling areas
of land):
The 2nd law was the
Northwest Ordinance
passed in 1787 (dealt with
setting up new governments)
1.  The Northwest Ordinance
allowed congress to appoint a
governor, a secretary, and 3
judges to the territories
2.  It allowed a nonvoting member
of congress to be elected in the
territories when the adult male
population reached 5,000
3.  It allowed territories to apply for
statehood once the adult male
population reached 60,000
4. The Northwest
Ordinance required that
all newly admitted states
be on equal footing
with the original states
5. Additionally, the
Northwest Ordinance
prohibited slavery in
the territories
6. It also guaranteed the
basic rights of
freedom of religion,
speech, trial by jury,
etc. to settlers
WI
MI
IL
IN
OH
After the Revolution,
the United States
fell into an
economic
depression
During an economic
depression…
•  business activity
slows
•  wages fall
•  prices fall
•  unemployment
rises
•  The depression hit farmers the hardest
•  During the war, there was a high demand for the
food produced by farmers
•  As a result, farmers borrowed money to buy more
land, livestock, seeds, and tools
•  With the war over and a depression in its place, the
farmers could not repay their loans
In Massachusetts, farmers were even more outraged
when the state raised taxes on farmers
The courts began to seize land and put farmers in jail for
inability to pay off loans
The state also refused to accept paper money for debt
repayment
Shays Rebellion
In 1786, Daniel Shays, a
Massachusetts farmer who
served as a Captain during
the Revolution, organized
2,000 farmers to help
farmers keep their land
His men, many dressed in
their old Army uniforms,
attacked court houses that
were in charge of hearing
cases about land
foreclosures and
punishments for debtors
During their final assault,
Shays and his men
decided to attack the
Federal Arsenal in
Springfield
The Massachusetts militia
was assembled by the
Governor and it defended
the arsenal, killing 4 of
Shays men and wounding
24
This was the first time the
militia had been called in
after nearly 5 months of
attacks
On February 3, 1787 the farmers
were attacked in Petersham, MA
by General William Lincoln
Lincoln, Benjamin. Painting by Henry Sargent.
The farmers scattered, and the
rebellion was ended
The Supreme Judicial Court of General William Lincoln
Massachusetts sentenced 14 of
the rebellion's leaders, including
Shays, to death for treason
They were later pardoned by the
newly elected Governor
John Hancock
Governor John Hancock
Shays Rebellion proved
one thing:
The federal government
was much too weak and a
stronger national
government was needed!
Shays' Rebellion is
considered one of the
leading causes of the
formation of the United
States Constitution
•  Many Americans feared
that Shays Rebellion
was proof that the
Articles of Confederation
were not enough
•  Many leaders called for
a convention to improve
the Articles of
Confederation
•  They decided to meet in
May of 1787… but they
ended up doing a lot
more than just improving
the Articles of
Confederation!
Review 7-2
1.  How did the Congress try to deal with its $27,000,000
debt?
2.  What is inflation?
3.  What was problematic about individual states printing
their own money?
4.  What did the Land Ordinance of 1785 do (be specific)?
5.  What did the Northwest Ordinance do (be specific)?
6.  What are the characteristics of an economic
depression?
7.  Why did farmers find themselves deeply in debt after
the Revolutionary War?
8.  What was Shays Rebellion (general summary)?
9.  What did Shays Rebellion prove to many Americans?
10. As a result of Shays Rebellion, what did many
leaders in the states call for?
Soon after the
Constitutional Convention
met in in Philadelphia, PA in
May of 1787, it was decided
that the Articles of
Confederation needed to be
set aside and a new,
stronger document needed
to be created
55 delegates, from 12 of the
13 states (all but Rhode
Island), helped craft a
document that is still
celebrated around the world
as a great achievement.
These men became known
as the Framers of the
Constitution.
Many notable framers at the Constitutional
Convention including:
Benjamin Franklin: 81 years old, (oldest
delegate) wise, and well respected.
George Washington: elected president of the
convention. Many thought that he would be able to
best control the debate.
Alexander Hamilton: a staunch advocate for a
stronger federal government. He had served as
Washington s personal secretary during the
Revolution.
James Madison: highly intelligent, well prepared,36
year old. He was soft spoken but eloquent. He
took excellent notes during the convention which
have served historians well.
It was decided that the
meetings during the
Constitutional
Convention would be
kept secret so delegates
could feel free to speak
their minds without
outside pressure
Guards were posted at
the doors and all of the
windows were closed
Independence Hall
Philadelphia, PA
Some resented the secret
meetings, believing that
government meetings
should be open to the
public in a free society
Edmund Randolph
James Madison
Edmund Randolph
and James Madison
put together a plan for
government early on
known as the
Virginia Plan
The Virginia Plan created a strong
national government and called for
the following:
1.  Three branches of Government
•  Legislative Branch (pass
laws)
•  Executive Branch (carry out/
enforce laws)
•  Judicial Branch (interpret
laws- see if laws are fair and
carried out fairly)
2.  Legislative Branch would be
bicameral or have 2 houses.
Both houses would base membership
upon the population of states
(therefore, states with greater
population would be better
represented) Lower House elected by
people, Upper House elected by
Lower House
3. Chief Executive (President)
would be elected by the
legislature
Virginia
Plan
William Paterson
Smaller states objected to the Virginia Plan,
believing that it was unfair to states with
smaller populations.
As a result, William Paterson introduced the
New Jersey plan to counter the Virginia Plan
The New Jersey Plan created strong
national government and called for
the following:
1.  Three branches of Government
•  Legislative Branch (pass
laws)
•  Executive Branch (carry
out/ enforce laws)
•  Judicial Branch (interpret
laws- see if laws are fair
and carried out fairly)
2.  Legislative Branch would be
unicameral or have only 1
house. The single house would
allow each state to have one vote
only. Population was not an
issue.
3. Chief Executive (President) would
be elected by legislature… could
be multi-person
New Jersey
Plan
Scene at the Signing of the
Constitution of the United
States, by Howard Chandler
Christy.
•  The Constitutional Convention was at a deadlock, as neither
side could sway the other
•  Many believed that the convention would fail
Finally, a delegate from
Connecticut named
Roger Sherman,
proposed a compromise
which came to be known
as the Great Compromise
(or Connecticut
Compromise)
Taking bits and pieces
from both the New
Jersey Plan and the
Virginia Plan, Sherman
created a government
which has changed very
little
Source: National Park Service
Roger Sherman
The Great Compromise proposed a
strong national government with:
1. Three Branches of
Government
•  Legislative Branch
(pass laws)
•  Executive Branch
(carry out/ enforce
laws)
•  Judicial Branch
(interpret lawssee if laws are fair
and carried out
fairly)
The Great
Compromise
Upper House
Lower House
United States
Senate- Each state
would have equal
representation (1
state, 2 votes).
Members would be
chosen by state
legislatures
United States House of
Representatives- Each
state would be
represented based
upon population and
elected directly by the
people of their state
Bicameral Legislature
Additionally, the
Great Compromise
set up a system for
electing a president
The Great
Compromise called
for the creation of
an Electoral
College to ensure
that the president
could not be
directly elected by
the people
32 Reps = 34 Electoral
2 Senators
Votes
Each state
would have as
many electors
as it had
representatives
and senators
When we vote
for president,
we actually vote
for electors to
cast votes for a
candidate
On July 16,
1787, the Great
Compromise
was approved
by 38 of the 55
delegates.
But other issues
arose that would
require even
further
compromise.
Library of Congress
The issue of slavery became
a problem for Northerners
and Southerners… not due
to moral differences, but
because of questions of
representation
Southerners wanted to count
their entire population of
slaves to boost their
numbers in Congress
Northerners objected citing
that slaves were not
considered citizens and
could not vote
It was decided that
three fifths of a slave
population in a state
would be counted
during a census
This agreement was
referred to as the
Three-Fifths
Compromise
For example, if a state
had 5,000 slaves, 3,000
of them would be
counted
Library of Congress
•  Another issue that arose also related to slavery
•  Many northerners opposed slavery and most northern
states had outlawed the institution of slavery
•  Therefore, Northerners called for an end to the slave trade in
the United States
Southern states argued
that a ban would ruin
the Southern economy
Each side agreed to
compromise and it was
decided that the slave
trade would continue
for at least 20 years…
after that, Congress
could regulate the slave
trade
In 1808, the United
States banned the
importation of slaves,
but did not end slavery
After resolving a series of important issues, the
United States Constitution was completed on
September 17, 1787 and read to the convention for
the last time
As members stepped
forward to sign the
Constitution, Benjamin
Franklin pointed to a chair
behind George
Washington and said, "I
have often ... in the course
of the session ... looked at
that sun behind the
President without being
able to tell whether it was
rising or setting. But now
at length I have the
happiness to know it is a
rising and not a
setting sun."
The Constitution was an incredible achievement
No other nation had created a document that was
as bold or daring
The world watched to see if it would succeed…
But first it needed to be ratified by the states!
Review 7-3
1.  In what city was the Constitutional Convention held?
2.  What was the only state that refused to send delegates to the
Constitutional Convention?
3.  Who served as the President of the Constitutional Convention?
4.  Who was the oldest delegate in attendance?
5.  Explain the Virginia Plan.
6.  Which states did the Virginia Plan favor?
7.  Explain the New Jersey Plan.
8.  Which states did the New Jersey Plan favor?
9.  Who proposed the Great Compromise?
10.  Explain the Great Compromise.
11. Why did Southerners want to count their slaves as part of their
population?
12. Why did Northerners object to the counting of slaves as part of the
Southern population?
13. Explain the Three-Fifths Compromise.
14. What was the main reason given by Southern delegates against
banning slavery?
15. Explain the compromise agreed to by the delegates relating to the
importation of slaves.
At the conclusion of
the Constitutional
Convention
a woman
approached
Benjamin Franklin
and asked, Well,
Doctor… what have
we a got, a republic
or a monarchy?
Franklin replied, A
republic. If you can
keep it.
Library of Congress
A republic is a
nation in which
voters elect
representatives to
govern them
The Constitution
begins We the
people… which
exemplifies the
American desire to
have a government
controlled by the
people
Although the Constitution
was a first for the world, it
drew upon many sources
The Magna Carta was the basis
for limited government
The English Parliament helped
serve as an example of
representative government
The English Bill of Rights
served as a basis for protecting
individual rights
The Fundamental Orders of
Connecticut gave the framers
an outline for limiting
government
John Locke
The theories of
political
philosophers were
also incorporated
English
philosopher John
Locke published
the Two Treatises
of Government
from which the
framers drew 2
very important
ideas
1. The first idea was
that all people had
natural rights to life,
liberty, and
property. These
were cited in the
Declaration of
Independence,
although Jefferson
changed the right to
property to the
right to the pursuit
of happiness
2. The second idea was that there was an agreement
between the people and the government. In this idea,
he suggested that citizens give the government its
power and promised to obey its laws;
but in turn, the government had an obligation to protect
the natural rights of man. If they failed to protect
those rights, the people could rebel.
This is known as the Social Contract Theory .
French political
philosopher,
Baron de Montesquieu,
suggested the
separation of powers in
his book The Spirit of
the Laws
Baron de Montesquieu
He believed in the
separation of powers in
which there would be 3
branches of
government; a
legislative branch, an
executive branch, and a
judicial branch
Montesquieu believed
that creating good laws
was important and that
all laws should be clear
and understandable
Individuals and groups
could not misuse the
government if the laws
were clear… this is why
the framers defined and
limited the powers of
the government in the
Constitution
Maurice-Quentin La Tour, 1753
The Framers also studied
the work of French political
philosopher Jean-Jacques
Rousseau.
Rousseau, wrote the Social
Contract of 1762, and took
the ideas of Montesquieu
and Locke a step further.
He argued that all
government rested on a
social contract and not on
God given rights, nor the
Bible, nor tradition of any
kind.
Jean-Jacques Rousseau
Rousseau believed that
citizens of a nation
determined everything.
Rousseau insisted on
complete equality of men
and suggested that citizens
not only had and obligation
to abide by the law, but to
conform to the laws… even if
they objected to them!
Rousseau stressed greatly
the importance of
Majority Rule! Majority rule,
he argued, was the best
method for creating fair
laws… through the consent
of the governed.
Powers of the government changed
under the Constitution
•  Under the Articles of Confederation, the states had
greater power than the federal government
•  Under the Constitution, the states were required to
give up some powers, but kept many of them
•  The sharing of power between the states and
national government is known as FEDERALISM (or
the FEDERAL SYSTEM)
The Federal System
gives Americans the
ability to vote for both
state and national
officials
The federal
government acts for
the nation as a whole
The states have power
over local matters
Federal Powers
Some Examples
- Coin Money
- Declare War
- Regulate Trade (b/twn states
and states and foreign nations)
- Make Treaties
State Powers
Shared Powers
-  Regulate trade within borders
-  Decide who can vote in state
elections
-  Control Education
-  All powers not delegated to federal
government
-  Raise taxes
-  Build roads
-  Decide penalties for crimes
Of course, disagreements between the states and the
federal government were inevitable
To ensure that disagreements were resolved with
greater ease, it was decided that the Constitution
would serves as the supreme law of the land .
In other words… the Constitution was the final word!
To ensure that the government was not too powerful,
the Constitution divided the government into three
separate branches (using Montesquieu s theory)
Legislative
Executive
Judicial
Article 1 of the Constitution created the
Legislative Branch
It created a bicameral legislature:
The House of Representatives: Representatives are elected by the citizens
of their Congressional District for 2 year terms .
The Senate:
Senators were originally chosen by state legislatures but in 1913 the
Constitution was amended allowing citizens to directly vote for Senators
(Amendment 17). 6 year terms
The main purpose of the Congress is to makes laws.
Article 1 also states the powers of the Legislative Branch (collect taxes,
regulate foreign and interstate trade, declare war, raise and support
armies).
Article 2 of the Constitution created the Executive
Branch
• 
Although many feared a strong executive branch (because of the
American experience with King George III), it was decided that a strong
executive branch would be needed to balance the Congress
•  James Madison argued that a Congress had the potential to act
tyrannically as well
•  The Executive Branch is headed by the president but also includes the
Vice President and all of his appointed advisors. The President has a 4
year term, and can serve no more than a total of 10 years
The main purpose of the Executive Branch is to enforce laws
Article 3 of the Constitution created the
Judicial Branch
•  Article 3 called for the creation of a Supreme Court and
other federal courts created by the Congress to interpret,
or determine if laws are fair
•  The Supreme Court and other federal courts hear cases
dealing with the Constitution, laws passed by Congress,
and cases that involve disagreements between states
• Those who serve on federal courts have a lifetime tenure
After the creation of the
Executive Branch of
government, there was still
debate about how the
President would be elected
Some feared a direct vote
by the people would lead
to the election of a
demagogue
Others feared that citizens
from the north would not
get to know candidates
from the south and vice
versa
The delegates decided to create an
electoral college to solve these
problems
According to the framers, the
electoral college would be made
up of wise and well educated
people who would chose a
President for us
Picking members of the electoral
college would be determined by
the states
In most cases, each state has a
slate of electors for each candidate
chosen by the political parties
•  The framers also thought it was necessary to
create a System of Checks and Balances as a way to
limit the powers of government
•  In this system, each branch of government can
check the other 2 branches.
For example…
•  Congress passes a bill and sends it to the president to be
signed
•  The President checks the Congress by either signing or
vetoing (rejecting) the bill
•  If he vetoes the bill, it returns to Congress where they can
check the President by overriding the President s veto if they
get a 2/3 majority in both houses
Send a bill to the
President
President can sign
or veto the bill.
If he vetoes the bill, it
goes back to the Congress
Congress can
override a
presidential
veto IF they get
a 2/3 majority in
each house
Judge Sam Alito
The Congress can also check the President s power
by approving or disapproving official appointments
(cabinet posts, ambassadors, judges) in the Senate
The Congress also approves treaties negotiated by
the President (2/3 of the Senate must approve)
Andrew Johnson
Bill Clinton
•  Congress can also remove a President from office if he is
guilty of a crime or serious misbehavior
•  A case against the President must be brought to the House
of Representatives in a process called impeachment
•  A President can be impeached in the House of
Representatives by a simple majority, and then a trial is held
in the Senate. A 2/3 vote in favor of conviction is required to
remove the President from office
•  The President and the Congress have
checks on the Courts
•  The President appoints judges
•  The Senate must approve judges
•  Congress may also impeach judges who
commit crimes or seriously misbehave
The Judicial Branch has checks over each of the other two…
but those checks are enormous.
1. They can declare a law or a part of a law passed by Congress or a state
legislature to be unconstitutional or they can affirm that laws challenged by
citizens are constitutional.
For example, the Supreme Court found in 1989 and in 1990 that laws
banning flag burning violated the First Amendment right to free expression
(speech).
2. They can declare acts of the president or a state executive
to be unconstitutional or the can affirm the constitutionality of
his/her act.
For example, the Supreme Court ruled in 2006 stated that it was
unconstitutional to conduct special military commissions established by the
Department of Defense (in the Executive Branch) for detainees at Guantanamo.
Bay, Cuba, and that they were entitled to broader protections of their rights.
Each of these Checks is a check on which branch?
(Legislative Branch) Passes laws
• Can override President's veto
All photographs courtesy of whitehouse.gov
• Raises and supports the military
• Can declare war
• Approves treaties and presidential appointments
• Creates lower federal courts
• Prints and coins money
• Regulates foreign and interstate trade
• Appropriates (set aside for a specific purpose) money
• Can impeach and remove President and other high officials
(Executive Branch) Enforces Laws
• Many veto a bill
• Proposes laws
• Appoints Federal judges
• Negotiated foreign treaties
• Serves as Commander in Chief of the US Military
• Can grant pardons to those who have been convicted of
federal crimes
(Judicial Branch) Interprets Laws
• Can declare laws unconstitutional (both federal and
state)
• Can declare executive actions unconstitutional (both
federal and state)
The Constitution is referred to
as a living document by some,
because the framers realized
that changes would be
required over time.
Others suggest that although
the Constitution can be
changed, those wishing to
amend it should consider the
original intent of the Framers.
The Constitution has survived
for over 200 years, longer
than any other written
constitution on earth.
It has served as a model for
constitutions around the
world.
Articles of Confederation
The US Constitution
1. 
Unicameral Congress (1 house)
1. 
Bicameral Congress (2 houses)
2. 
Equal (one) vote in Congress per state
2.
In House of Representative, states were
represented based on population; In the
Senate each state got two votes regardless of
population
3.  No Executive Branch
3.
Executive Branch established, lead by US
President, carries out laws
4. 
4.
Judicial Branch established, headed by
Supreme Court, interprets laws
5.  9 out of 13 states had to approve laws in
Congress
5.
Majority rules! (50% +1 in each house to pass
laws)
6.  States could coin their own money
6.
Congress has exclusive right to coin money
7.  States could regulate trade with states and
foreign nations
7.
Only Congress could regulate trade with
states and foreign nations
8.  States had great autonomy to govern
themselves
8.
States recognize the US Constitution as the
final word on all matters
9.  Only states had the power to impose taxes
9.
Congress can impose taxes as well
No Judicial Branch
Review 7-4
1.  What is a republic?
2.  List 3 example of documents/institutions that contributed to the creation of the Constitution?
3.  What two important ideas were taken from the theories of John Locke?
4. What important ideas were taken from Baron de Montesquieu?
5.  What important idea was taken from Jean-Jacques Rousseau.
6.  Define federalism.
7.  Give 3 examples of federal powers
8.  Give 3 examples of state powers?
9.  Give 3 examples of shared powers?
10.  To ensure that there was no disagreements about the powers of government, it was
decided that the Constitution would serve as the __________________ .
11. Article 1 of the Constitution created what branch of government?
12. What is the main purpose of the branch above?
13. The branch above is separated into a bicameral body containing the
_______________ and the ______________.
14. Article 2 of the Constitution created what branch of government?
15. What is the main purpose of the branch above?
16.  Article 3 of the Constitution created what branch of government?
17.  What is the main purpose of the branch above
18.  To ensure that the President was selected by wise and well educated men, the
framers created what?
19.  In order to limit the powers of each of the branches of government, what system
was put into place?
20.  Give an example of how the executive branch can check the legislative branch.
Bonus: Why is the Constitution referred to as a living document ?
Ratifying the
Constitution was not
an easy task
In 1787-88, citizens
in each state had to
elect delegates to
state conventions to
debate and discuss
whether or not to
approve the new
Constitution
Two Groups Emerged…
Federalists- Supported
ratification of the Constitution
Anti- Federalists- Opposed
ratification of the Constitution
Federalists supported ratification because
they wanted a strong national government
The most famous Federalist leaders were
Alexander Hamilton, James Madison,
and John Jay
The Federalists ideas
about strong national
government were
included in the
Constitution
•  Separation of Powers
•  System of Checks and
Balances
•  Shared Powers
between State and
Federal Government
In support of their beliefs,
Federalists wrote a series of
essays called The Federalist
Papers to try to convince the
people of New York to
support ratification
The 85 Federalist Papers
were written by Alexander
Hamilton, James Madison,
and John Jay from October
1787 to May 1788.
They always used the pen
name Publius when
signing their essays. Publius
was a Roman statesman
Anti-Federalists opposed ratification because
they wanted a much weaker federal
government and stronger state powers. The
most famous Federalist leaders were George
Mason, Patrick Henry, and Richard Henry Lee
The Anti Federalists
argued against ratification
of the Constitution
because:
1. The national government
had too much power and
the states had too little
2. There was no bill of
rights.
3. They did not want a
federal government that
would have a peacetime
army.
4. The president had too
much power and it would
likely lead to tyranny
The biggest and most
convincing argument of
the Anti-Federalists was
that of the need for a
Bill of Rights
They argued that rights
would be ignored if they
weren t spelled out
Federalists argued it was
excessive and
unnecessary. They also
contended that it would be
impossible to list all of the
natural rights of man
When states began to refuse to
ratify the Constitution until a Bill
of Rights was included, the
Federalists promised to
add it later
In June 1788, New
Hampshire became the
9th state to ratify the
Constitution, making it
the law of the land
The United States
could now begin to
form the government it
created at the
Constitutional
Convention
Despite the fact that 9 out of the
13 colonies had ratified the
Constitution, two large and
important states were still
debating the issue:
New York and Virginia both had
close to an equal number of
Federalists and AntiFederalists... They were at a
deadlock!
When New York City threatened
succession if the State of New
York did not agree to approve
the document, it was ratified
quickly, although the vote was
close (30-27)
In Virginia, Patrick
Henry spoke
passionately against
the Constitution
referring to it as the
… most fatal plan
that could possibly
be conceived to
enslave a free
people." He
suggested that there
would be … no
checks, no
balances under the
Constitution.
1851 Peter F.
Rothermel's "Patrick
Henry Before the
Virginia House of
Burgesses," A painting
of Patrick Henry's "If
this be treason, make
the most of it!" speech
against the Stamp Act of
1765
In the end Madison,
Washington, and many
other Virginia
Federalists prevailed
and Virginia ratified the
Constitution by a margin
of 89-79
Over a year later, North
Carolina ratified the
Constitution, and in May
of 1790, Rhode Island
became the last of the 13
states to ratify the
Constitution
Ratification
Order
Date
State
1
Dec. 7, 1787
Delaware
2
Pennsylvania Dec. 12, 1787
3
New Jersey Dec. 18, 1787
4
Jan. 2, 1788
Georgia
5
Connecticut Jan. 9, 1788
6 Massachusetts Feb. 6, 1788
7
Apr. 28, 1788
Maryland
8
South Carolina May 23, 1788
9 New Hampshire June 21, 1788
10
June 25, 1788
Virginia
11
July 26, 1788
New York
12 North Carolina Nov. 21, 1789
13
Rhode Island May 29, 1790
Votes Votes
For Against
30
46
38
26
128
187
63
149
57
89
30
194
34
0
23
0
0
40
168
11
73
47
79
27
77
32
After the ratification of the Constitution, cities
throughout the United States celebrated with
fireworks, ringing church bells, and parades.
The
Constitution
would
be a
great
experiment.
George Washington, in a great display of
civic virtue, came out of retirement and
was elected the first President of the
United States in January of 1789.
The Congress
met in New York
City, which
served as the
United States
first postConstitution
capital.
There were 59
Representatives and 26
Senators
After ratification, Congress
decided to create a Bill of
Rights
But first, they had to set up
a process for adding
amendments (changes) to
the Constitution
They realized that
conditions would change
throughout time and that the
Constitution would need to
reflect those changes….
BUT the Congress wanted
to make the process difficult
so that it would not be taken
lightly
Congress Created 2 Ways to
Propose Amendments to the
Constitution
1.  2/3 of both houses of Congress can propose
Amendments
2/3 of
2.
2/3 of the states call for a Constitutional Convention for
the purpose of creating amendments (never been done)
2/3 of
After Amendments have been proposed they must be ratified
by ¾ of the states before it becomes part of the Constitution.
After a successful proposal process, Congress decides how
the bill will be ratified by the States:
• 
by the ¾ of state legislatures… or
• 
by ¾ of special state conventions (only used once)
By December of 1791, ¾
of the states had ratified
the First 10 Amendments
of the Constitution
The First 10 Amendments,
all written by James
Madison are referred to as
the Bill of Rights
Madison insisted that the
government was NOT
giving these rights to
citizens… those rights
already existed
Amendment I
Congress shall make no law respecting an
establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people
peaceably to assemble, and to petition the
government for a redress of grievances.
Amendment II
A well regulated militia, being necessary to the
security of a free state, the right of the people to
keep and bear arms, shall not be infringed.
Amendment III
No soldier shall, in time of peace be quartered in any house,
without the consent of the owner, nor in time of war, but in a
manner to be prescribed by law.
Amendment IV
The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no warrants shall issue, but upon
probable cause, supported by oath or affirmation, and particularly
describing the place to be searched, and the persons or things to
be seized.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous
crime, unless on a presentment or indictment of a grand jury, except in
cases arising in the land or naval forces, or in the militia, when in actual
service in time of war or public danger; nor shall any person be subject
for the same offense to be twice put in jeopardy of life or limb; nor shall
be compelled in any criminal case to be a witness against himself, nor be
deprived of life, liberty, or property, without due process of law; nor shall
private property be taken for public use, without just compensation.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right
to a speedy and public trial, by an impartial jury of the state
and district wherein the crime shall have been committed,
which district shall have been previously ascertained by law,
and to be informed of the nature and cause of the accusation;
to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and
to have the assistance of counsel for his defense.
Amendment VII
In suits at common law, where the value in controversy shall
exceed twenty dollars, the right of trial by jury shall be
preserved, and no fact tried by a jury, shall be otherwise
reexamined in any court of the United States, than according
to the rules of the common law.
Amendment VIII
Excessive bail shall not be required, nor excessive
fines imposed, nor cruel and unusual punishments
inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall
not be construed to deny or disparage others retained by the
people.
Amendment X
The powers not delegated to the United States by the
Constitution, nor prohibited by it to the states, are reserved
to the states respectively, or to the people.
Review 7-5
1.  What was the method used to ratify the Constitution?
2.  (a) What were the two groups that emerged during the debate over ratification,
and (b) what position did each group take in reference to ratification?
3.  Who were the (a) 3 best known leaders of the Federalists and (b) what was the
name of the series of 85 essays they wrote?
4.  Who were the 3 best known leaders of the Anti-Federalists?
5.  What were the major objections of the Anti-Federalists to the ratification of the
Constitution?
6.  Although the 9 of the 13 states had ratified the Constitution by June of 1788,
which 2 large and very important states had yet to do so?
7.  Who was elected as the nation s first President in January of 1789?
8.  What city served as the United States first post-Constitution capital?
9.  Why did Congress make amending the Constitution a difficult task?
10. What are the two ways that Amendments to the Constitution can be proposed?
11. Once an amendment is proposed, (a) what fraction of the states must ratify it,
and (b) what are the 2 ways it can be ratified?
12. Which amendments are considered the Bill of Rights in the Constitution?
13.  What are the 5 freedoms guaranteed under the First Amendment?
14.  Which amendment guarantees the right to a trial by jury?
15.  Which amendment protects Americans from being tortured as a punishment
for a crime?