Post on 04-Jan-2016
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Creating a ConstitutionChapter 5
The ConfederationSection 1
Achievements of the Articles of
ConfederationFirst constitution of U.S. = Articles of Confederation
SCC knew the colonies needed a central government
Adopted the Articles of Confederation in 1777 during the American Revolution
Articles of Confederation & Perpetual Union: a plan for a loose union of states under the authority of Congress
Articles were WEAK!!
Westward Policies One way the U.S. paid off debts & finance government was to sell land west of the Appalachian Mountains
Land Ordinance of 1785 established the method of settling the west
Townships = 6 sq miles, divided into 36 sections = 1 sq mileNorthwest Ordinance of 1787 provided the basis for governing much of the western territoryNew territory north of Ohio River & east of Mississippi River
Divided into 3 to 5 states; when a territory reached a population of 60,000 it could apply for statehood & would be on equal footing with existing states
Westward Policies
NW Ordinance guaranteed rights: freedom of religion, property rights, & right to trial by jury
Ordinance stated that “there would be neither slavery nor involuntary servitude in said territory.”
Future problems – division between Southern slaveholding states vs. Northern Free States
Congress Falters Under the Articles of Confederation
Problems with TradeLand Ordinance of 1785 & Northwest Ordinance of 1787 were achievements
U.S. was having trade problems, diplomacy issues, and a severe recession
Farmers were the most affected because they were earning less and had to borrow $ to plant next crop.
Shay’s RebellionRebellion is an example of how the new government under the Articles of Confederation was too weak to deal with problems!
January 1787 in MassachusettsMA decided to raise taxes to pay off debts
Farmers found it impossible to pay: (1) mortgages for land, (2) crops, (3), debts
Shay was a former captain in the Continental Army & now a bankrupt farmer. He and 1200 farmers headed to a state arsenal to seize weapons and march to Boston
The governor of MA sent the militia to stop Shay & the farmers. Shots were fired & 4 farmers killed.
Rebellion led people to fear the weak central government.Concerns led to a call for a stronger central government to deal with problems such as rebellions, trade, and diplomacy
A New ConstitutionSection 2
Constitutional Convention
Weaknesses of Articles worried many American leaders who believed the U.S. could not survive without a strong central government
Nationalists were supported of a strong central gov.G. Washington, John Adams, B. Franklin, Alexander Hamilton, Robert Morris, and James Madison
James Madison convinced the VA assembly to discuss problems
Meeting to be held in Annapolis, MD, but only 5/13 states attended – only discussed the weaknesses of the Articles of Confederation
Constitutional Convention
Alexander Hamilton called a meeting in Philadelphia to discuss the weaknesses, but waited until news of Shay’s Rebellion had been heard.
Sole purpose of meeting: “revise the Articles of Confederation.”
Rhode Island did not send a delegate – meeting will become known as the Constitutional Convention
Philadelphia State House = Independence Hall
Writers of the Constitution will be known as “framers”
55 delegates were merchants, mostly lawyers, and few planters. Thomas Jefferson unable to attend because he was in France – he said the meeting was simply an “assembly of demigods”
Constitutional Convention
George Washington was voted as the presiding officer of the CC
James Madison became known as the Father of the Constitution – his notes will become basis of the U.S. Constitution
CC not public to ensure honest and open discussion free from outside influence
Virginia vs. New Jersey Plans
Virginia Plan – proposed by Edumnd Randolph – scrap the Articles of Confederation
3 branches of gov. & legislative branch has 2 houses (bicameral) – representation based on population
New Jersey Plan – No to scrapping Articles, but did want a stronger central government
One house (unicameral) in legislature with equal representation
Congress had power to raise taxes & regulate trade
CC delegates went with the Virginia plan and decided to draft a new constitution
Union Built on Compromise
States divided into large vs. small states
All states received ONE vote during CC
Delegates argued over the # of reps each state would have in the legislative branch.
Committee worked out a compromise: based on the ideas of Roger Sherman of Connecticut
“Great Compromise” = 2 houses, House of Representatives based on population, Senate equally represented
Compromise over Slavery
Should slaves be counted in the population?
Southern states wanted slaves to be counted, but North argued why because they couldn’t vote
Three-Fifths Compromise – every 5 slaves would count as 3 free persons – count in population and representatives
Other Compromises
Two issues that divided the national government: (1) taxation of exports & (2) slave trade
Congress could not tax exports & would not ban slave trade until 1808
By Sept 1787, new constitution had been drafted
In order for constitution to go into effect 9/13 states had to ratify the document
Ratify: approve by vote
Framework for our Government
Popular Sovereignty: rule by the people
Federalism: (Layer Cake) Powers reserved for national, state, and local governments
Separation of Powers: ensures not one branch can have too much power
Checks & Balances: system to prevent any one branch from gaining too much power
President had 4 powers: 1. propose legislation, 2. veto, 3. put down rebellions, 4. appoint judges
Framework continued
Congress can impeach the president (bring formal charges of misconduct)
Congress approves the Pres’s nominations
Supreme Court judges serve for LIFE
Delegates knew document would need to changeAmendments – formal changes to the Constitution
Constitution has lasted a long time (222 years)
John Adams – “Single greatest effort of national deliberation that the world has ever seen.”
RatificationSection 3
A Great Debate
Soon as the CC ended, delegates rushed home to campaign – 9/13 states had to ratify the document before it can go into effect.
Debates took place in: 1. State legislatures, 2. Mass Meetings, 3. Columns in newspapers, 4. Everyday conversations
Federalists vs. Anti-Federalists
Federalists chose their name to remind Americans who feared a central government that states would retain many of their powers.
Merchants, artisans, and urbanites supported the Con.
Anti-Federalists accepted a need for a new government, but the issue was whether the national government or state governments would be supreme
John Hancock & Patrick Henry, Edmund Randolph & George Mason
Called themselves Anti-Federalists because they believed the new constitution should have included a bill of rights
Federalists & Anti-Federalists
Federalists Papers: collection of 85 essays to explain the constitution and how it worked (convince states to ratify the constitution)
Written by James Madison, Alexander Hamilton, and John Jay
Judges still use Federalists Papers today to understand the intention of the original framers of the Constitution.
Fight for Ratification
Federalists promised to attach a bill of rights onto the Constitution once it was ratified
Federalists agreed to add an amendment that would reserve powers to the states that were specifically not granted to the federal government
3 states who did not ratify the Constitution: Virginia, New York, North Carolina, and Rhode Island