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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 rise • 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 Source: National Park Service 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 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 Each state would have as many “electors” as it had representatives and senators 32 Reps = 34 Electoral 2 Senators Votes 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. No Judicial Branch 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 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?