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The Constitution Chapter 5 “What led to the creation of the United States Constitution, and what are its key principles?” Why do we need a federal government? • 1. On what occasions, or for what reasons, do people turn to the federal government? • 2. What do people expect the federal government to do to help after natural disasters? A Confederation of States Section 1 • What form of national government did the Patriots create initially, and what events revealed that a new government was necessary” • Terms and People: republic Northwest Territory unicameral legislature bicameral legislature Articles of Confederation John Dickinson federal Shays’ Rebellion Land Ordinance of 1785 Northwest Ordinance of 1787 Standards • • • • • • • • • SSUSH 5 The student will explain specific events and key ideas that brought about the adoption and implementation of the United States Constitution. a. Explain how weaknesses in the Articles of Confederation and Daniel Shays’ Rebellion led to a call for a stronger central government. b. Evaluate the major arguments of the anti-Federalists and Federalists during the debate on ratification of the Constitution as put forth in The Federalist concerning form of government, factions, checks and balances, and the power of the executive, including the roles of Alexander Hamilton and James Madison. c. Explain the key features of the Constitution, specifically the Great Compromise, separation of powers, limited government, and the issue of slavery. d. Analyze how the Bill of Rights serves as a protector of individual and states’ rights. e. Explain the importance of the Presidencies of George Washington and John Adams; include the Whiskey Rebellion, non-intervention in Europe, and the development of political parties (Alexander Hamilton). SSUSH 6 The student will analyze the impact of territorial expansion and population growth in the early decades of the new nation. a. Explain the Northwest Ordinance’s importance in the westward migration of Americans, and on slavery, public education, and the addition of new states. A Confederation of States Early State Governments Main Idea: In 1776, each new state created a constitution and called for a republic, or government in which the people elect representatives. However, people thought differently about how to design a republic. Congress Creates the Articles of Confederation Main Idea: In 1777, the Continental Congress drafted the original constitution for the union of the states. This constitution was known as the Articles of Confederation. Congress Creates a Plan for Western Lands Main Idea: The national congress created plans for settling and governing the Northwest Territory. By selling this land to speculators and farmers, the Congress hoped to raise revenues and extend America’s republican society westward. Conflicts With Spain and Britain Main Idea: During the mid-1780s, the Spanish and British did not take the new United States seriously. The Spanish forbade American trade with New Orleans, and Britain rejected Adam Smith’s new doctrine of free trade in favor of traditional mercantilism. George Washington • After the Revolutionary War ended, Washington gave up command of the army and went home • The years after the American Revolution were difficult due to disorganization and economic and political problems. • Strong state governments versus strong central government? • Nationalists wanted a stronger national government, while other people wanted to block any attempt to form a strong central government. Problems Wealthy, educated gentlemen felt ordinary citizens had too much power Economic problems: debt of $50 million, owed by states and national governments Excessive debt resulted in inflation, heavy taxes on goods going to other states, powerful state legislatures Wholesale Price Index: 1770-1789 Early Government 13 separate states Confederation: an alliance of separate governments that work together Democracy: a government by the people People wanted a republic: a government run by the people through their elected representatives State Constitutions Republicanism. Most had strong governors with veto power. Most had bicameral legislatures. Property required for voting. Some had universal white male suffrage. Most had bills of rights. Many had a continuation of stateestablished religions while others disestablished religion. Federalist vs. Anti-Federalist Strongholds at the End of the War Occupational Composition of Several State Assemblies in the 1780s FEATURES OF THE ARTICLES OF CONFEDERATION No Chief Executive Each state had one vote in Congress Laws needed approval by 9 of 13 states Congress did not have the power to tax Congress could not draft an army No national court system Any changes (amendments) to the Articles required a unanimous 13 vote Congress did not have the power to collect states debt owed to national government Congress did not have the power to settle disputes among states Analyzing the Articles of Confederation • Why was this included? • Did not want to have another powerful executive like King George • Wanted to protect Individual States power, feared a strong central government • Fear of being unfairly taxed as they had been by the British • Fear of a central government with a strong army that might take away rights • Fear of a central Government with a court system that might be unfair to states • Wanted to make sure states had a strong say in the shaping of our government • Fear of a strong central government that could force states to pay for things they did not want • Wanted states to have ultimate authority in resolving disputes Weaknesses of the Articles of Confederation Created a loose confederation of strong state governments A unicameral Congress [9 of 13 votes to pass a law]. 13 out of 13 to amend. Representatives were frequently absent. Could not tax or raise armies. No executive or judicial branches. QUICK STUDY Weaknesses of the Articles of Confederation Land Ordinance of 1785 • Law passed by Congress that developed a system of dividing the lands northwest of the Ohio River, known as the Northwest Territory • It divided the land into 36 square mile townships • Each section of a township was 1 square mile or 640 acres and sold for a minimum of $1.00 an acre • A typical farm was 160 acres Land Ordinance of 1785 FOCUS ON GEOGRAPHY Settling the Northwest Territory Northwest Ordinance of 1787 Plan for governing western lands One of the major accomplishments of the Confederation Congress! Statehood achieved in three stages: 1. Congress appointed 3 judges & a governor to govern the territory. 2. When population reached 5,000 adult male landowners elect territorial legislature. 3. When population reached 60,000 elect delegates to a state constitutional convention. Northwest Ordinance of 1787 • Law that stated how new states would be created out of the territory • Ohio 1803 • Indiana 1816 • Illinois 1818 • Michigan 1837 • Wisconsin 1848 • Congress would appoint a territorial governor and judges • When a territory had 5000 voting residents, they could write a temporary constitution and elect a government • When a territory had 60,000 in population, they could write a state constitution, which had to be approved by Congress NOTE TAKING Reading Skill: Identify Main Ideas TRANSPARENCY Changing the Government Annapolis Convention (1786) 12 representatives from 5 states [NY, NJ, PA, DE, VA] GOAL address barriers that limited trade and commerce between the states. Not enough states were represented to make any real progress. Sent a report to the Congress to call a meeting of all the states to meet in Philadelphia to examine areas broader than just trade and commerce. Shays’ Rebellion: 17861787 Daniel Shays Western MA Small farmers angered by crushing debts and taxes. TRANSPARENCY Shays’ Rebellion Shays’ Rebellion To repay war debt, Massachusetts passed highest tax ever to be paid in specie Specie: gold or silver coin; worth more than paper money Farmers in western part hit hard as courts seized their possessions Daniel Shays, war vet, led a rebellion that drove off tax collectors and forced courts to close Shays’ Rebellion: 1786-1787 Shays’ Rebellion Fighting broke out, but Congress had no money for an army The state government finally gathered an army and quieted the rebellion in January 1787 Demonstrated that rebels would defy any government if it acted against people’s wishes Many farmers left for Vermont or New York Shays, sentenced to death, eventually gets freedom Shays’ Rebellion: 1786-1787 There could be no stronger evidence of the want of energy in our governments than these disorders. -- George Washington Results of Rebellion Need to strengthen the national government to avoid civil unrest May 1787 convention in Philadelphia; 12 states (Rhode Island did not come) Nationalists Nationalists were men who wanted to strengthen the national government Washington, Franklin, James Madison, and Alexander Hamilton were famous nationalists Believed that America was a model for the world The Case For A New Constitution The Big Idea Under the Articles of Confederation, the states had most of the power while the national government was weak National government is weak States do not work together Nationalists fear nation will fail Shay's Rebellion No power to collect taxes No executive branch No national courts each state prints its own money States fight over trade and other issues Warn of dangers of weak gov't Want the U.S. to be a model for the world Shows the disorder occuring under the weak government Shows commitment to defy Constitutional Convention • Philadelphia 1787 Independence Hall – Heat – Privacy – Rain – opened on May 25, 1787 • “convention of the well bred, well fed, the well read, and the well-wed.” – lawyers, landowners, planters – educated – MIA - Thomas Jefferson and John Adams – James Madison - “Father of the Constitution” The Constitutional Convention • “In 1787, delegates to a convention in Philadelphia created a new plan of government, the Constitution of the United States.” Foundations of the Constitution • League of Iroquois - state governs own affairs but unites for defense • Magna Carta - limit power of governor • Parliament - 1st representative legislature • John Locke - basic human rights protected • Montesquieu - separation of powers Governments after the Revolution PM TRANSPARENCY Progress Monitoring Transparency Indian Land Cessions: 1768-1799 The United States in 1787 Drafting the Constitution Section 2 • What new system of national government did the delegates agree upon at the Constitutional Convention of 1787? • Terms and People: Alexander Hamilton Great Compromise James Madison federalism Virginia Plan New Jersey Plan Three-Fifths Compromise Drafting the Constitution The Constitutional Convention Main Idea: Many Americans believe the Articles of Confederation needed revisions. Consequently, 12 of the 13 states sent delegates to a special convention in Philadelphia in May 1787. The delegates’ goal was to design a new and improved plan of government. Rival Plans of Government Main Idea: Before a constitution could be written and approved, the delegates needed to come to an agreement about what it should contain. To achieve this goal, they advanced and debated a number of proposals for several months, including the Virginia Plan and the New Jersey Plan. Settling Differences Through Compromise Main Idea: The delegates were far from a unanimous decision concerning a structure of a new government. The Great Compromise, which drew points from both the Virginia and New Jersey plans, outlined a potential solution. Constitutional Convention • First met in Annapolis in 1786 • 55 men met in May 1787 in Philadelphia to revise the Articles of Confederation • Every state sent delegates except Rhode Island • George Washington elected president of the Convention • Wrote the U.S. Constitution James Madison • Educated man who studied for a year about how to craft a new government • College of New Jersey (Princeton); shy man • He believed that people are naturally selfish and that man could control himself through a proper government. • He believed that a proper government required a Constitution. Divisions Among Men • Disputes among states and violence such as Shays’ Rebellion raised fears that the fragile nation might collapse • Choice: to amend or revise the Articles of Confederation or to form a new government • James Madison brought a plan with him; Constitutional Convention • Madison had spent a year studying books on history, government, and law • James Madison kept a record of the proceedings. He will become president in 1809. He is known as the “Father of the Constitution.” The Virginia Plan • Edmund Randolph of Virginia; called for a bicameral legislature • The number of representatives would be based on population • Critics of the plan were concerned that a strong President would gain king-like power Provisions of Virginia Plan • 1. Added powers, including the right to tax to raise revenue and the right to regulate foreign and interstate commerce • 2. Veto power over any state legislature • 3. The proposed government would have three branches: executive, legislative, and judicial • The states with large populations supported the Virginia Plan New Jersey Plan • Proposed by William Paterson of New Jersey and favored by small states • 1. Would give Congress the power to tax and regulate foreign and interstate commerce • 2. Would create executive and judicial branches • 3. Would give every state an equal vote in a unicameral Congress The Great Compromise • Created a legislative branch of 2 houses – Senate with two representatives per state, and a House of Representatives, with seats based on each state’s population DIAGRAM Compromise Leads to a Plan of Government Three-Fifths Compromise • Question of how to count slaves to determine a state’s population? • If all slaves were counted, the Southern states would be very powerful; if none counted the Southern states would be very weak • Compromised to count three-fifths of a state’s slave population to determine representation; resulted in more representation for southern states NOTE TAKING Reading Skill: Identify Supporting Details TRANSPARENCY Dissenters to the Constitution Lasting Document • September 17, 1787, final draft approved • Specific enough to not be misinterpreted • Flexible enough to adapt to social, economic, political, and technological changes • Amended just 27 times • Many nations have modeled their governments after our Constitution Inspiration • “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America” PREAMBLE – a preliminary statement of purpose Preamble (Goals) • Form a more perfect union • Establish justice • Ensure domestic tranquility • Provide a common defense • Promote general welfare • Secure liberty 3 Branches Today Legislative: Congress, makes laws Executive: President, enforces laws Judicial : courts and judges who interpret laws Constitution: Plan of government that describes the different parts of the government and their duties and powers Federal Government • Power is shared among state and national authorities • Reserved Powers: reserved for the states; example—education • Delegated Powers: powers delegated to the federal government—declaring war • Concurrent powers: federal and state governments hold powers—taxation Federal System Separation of Powers • Legislative, executive, and judicial branches would all have their own areas of authority • Checks and balances: each branch checks or stop others • The Senate is more removed from people • Senate: give advice and consent to President • House: bills regarding taxes introduced there Separation of Powers (Defines responsibilities for each branch) P.136 in Checks and Balances Text Can remove president from office Can Override Presidential Veto Executive Branch President Carries out the Laws Can veto acts of congress Vocabulary Legislative Branch Congress Makes the Laws Vocabulary Federalism Veto Reserved Powers Override Delegated Powers Judicial Branch Supreme Court Concurrent Powers Interprets Laws Impeach Electoral College PM TRANSPARENCY Progress Monitoring Transparency Congress • House: determined by population; representatives serve two-year terms; makes them more responsible to the people • Senate: elected by state legislatures, not voters; serve six-year terms; every two years, only 1/3 are up for elections; give advice and consent to the president Congress • Only Congress can: • Coin money • Declare war • Raise an army, provide a navy • Regulate commerce Elastic Clause • “Make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution of the U. S…” • U.S. Constitution, Article 1, Section 8, Clause 18 • Congress would have the authority to pass any laws necessary to carry out its duty President • Executive officer • Commander of the armed forces • Power to veto acts of Congress • Term of four years; could be reelected • The President is limited to two terms today (22nd Amendment, 1951) President • Chosen by a vote of electors from each state – indirect election • Electors equal same number as in Congress • Electoral College • The House of Representatives would make the decision if there was no clear winner with each state getting one vote. • This situation occurred in 1800 and 1824. Federal Courts • National court system: members chosen by the President with advice and consent of the Senate • President chooses the judges • Judges hold office for life • Supreme Court – details are left vague in the Constitution; Congress developed the federal court system Constitution • Writing of the Constitution finished in 1787 • Required the approval of nine of the thirteen states DECISION POINT Should delegates to the Constitutional Convention ratify the Constitution PM TRANSPARENCY Progress Monitoring Transparency Ratifying the Constitution Section 3 • How did Americans ratify the Constitution, and what are its basic principles? • Terms and People: ratification Federalist Antifederalist The Federalist John Jay Bill of Rights popular sovereignty limited government separation of powers checks and balances electoral college Ratifying the Constitution The Struggle Over Ratification Main Idea: Two groups quickly emerged in the debate over the Constitution: the Federalists who favored ratification of the Constitution and the Antifederalists who opposed it. Initially, the Federalists gained more support than the Antifederalists. Ratifying Conventions Main Idea: By mid-January of 1788, the Federalists had won ratification in five states. However, the Antifederalists mounted a strong fight in the remaining states whose support the Federalists sought. Principles of the New Constitution Main Idea: The Republic established by the Constitution of the United States became a symbol of freedom to countries around the world. Key principles of the Constitution included: popular sovereignty, limited government, separation of powers, federalism, checks and balances, and representative government. The Constitution Endures Main Idea: The Constitution is a relatively brief document, consisting of only 7,000 words. Some politicians, like Thomas Jefferson, argued that it should be interpreted literally to restrict federal power. Most Federalists, including George Washington, insisted that the Constitution be read broadly to allow for the expansion of federal power when necessary. NOTE TAKING Reading Skill: Identify Main Ideas Vocabulary • Ratify: to approve; 9 of 13 states had to approve it • Federalists: supporters of the Constitution during the debate over its ratification; favored a strong central government • Antifederalists: An opponent of the Constitution during the debate over ratification; opposed the concept of a strong central government • Faction: a group that is concerned only with its own interests • Bill of Rights: the first ten amendments to the Constitution • Federalism: state and national governments share power Federalists • Wanted the Constitution to provide a strong central government • George Washington, James Madison, and Alexander Hamilton The Federalist • Articles that appeared in New York newspapers in 1787 & 1788 • Written by Hamilton, Madison, and John Jay • The Federalist, No. 10, written by Madison, stated that no one group or faction could control the government due to the size of the United States. • The purpose of the essays was to persuade the New York State convention to ratify the Constitution Antifederalists • Opposed the Constitution; believed that the Federalists’ plan threatened state governments and the rights of individuals by concentrating too much power in the hands of a few • Patrick Henry; no real plan • People in more isolated regions had less need for a strong national government • Feared that a President would be like a king Antifederalist vs. Federalist Factions Antifederalist concern Constitution will give national gov’t too much power President will be just like a king Individual liberties will be threatened by a powerful gov’t Federal gov’t could come under control of one powerful faction Federalist response enough power to solve the country’s problems system of check’s and balances will limit president’s power Bill of Rights will protect citizens freedom Country is too big to be dominated by on faction Why The Federalists Won 1. The Federalist Papers – written to persuade the NY state assembly to ratify the Constitution 2. Focused on the serious flaws of the Articles of Confederation 3. The Federalists were united around a plan The Constitution 4. Well organized national group 5. George Washington Ratification • Delaware, New Jersey, and Connecticut ratified quickly (small states who would benefit from a strong central government) • Georgia (feared a war with Native Americans) and Pennsylvania (whose leaders were Federalists) – all signed right away • Massachusetts, Maryland, South Carolina, and New Hampshire ratified by June, 1788. • Had the necessary nine states, but wanted Virginia and New York, two large states TRANSPARENCY Ratification of the Constitution Ratification • December 15, 1791, the states ratified the ten amendments • Virginia and New York ratify the Constitution during the summer of 1788. • North Carolina and Rhode Island both initially reject the Constitution, but then ratify it to make it unanimous – 13 states sign. Bill of Rights • Federalists agreed to a bill of rights – 1st ten amendments to the constitution • 1st - freedom of speech, press, assembly, petition, religion • 2nd-4th - right to bear arms, no lodging troops, no illegal search and seizure (these amendments came from British abuses) • 5th-8th - protects citizens accused of crimes • 9th and 10th - limits powers of government (protects people and state governments) Bill of Rights • First ten amendments to the Constitution convinced reluctant states to ratify the Constitution. The ten amendments were ratified and took effect on December 15, 1791 • Thomas Jefferson wanted the Bill of Rights. He had been in Paris as ambassador and sent letters regarding his support. • Jefferson wanted “unalienable rights” expressed in the Declaration written into the Constitution • Page 142 lists the 10 amendments. The New Government THE BIG IDEA: George Washington had to establish the Executive Branch of the new government. John Adams Vice-President Past Experience: Revolutionary Leader, Lawyer, influential Federalist Thomas Jefferson Secretary of State Past Experience: Main writer of the Declaration of Independence Ambassador to France George Washington President Past Experience: Commander of the Continental Army, President of the Constitutional Convention Alexander Hamilton Secretary of Treasury Past Experience: Personal Aide to Washington, author of many Federalist Essays Henry Knox Secretary of War Past Experience: General in Continental Army, Sec. Of War under Articles