Chapter 5Creating a New Government

Shay’s Rebellion

Sept 1786-Jan 1787Mass demanded taxes be paid in hard currency, hurt farmers who used barter and paper money

Many lost farms because of taxes, some thrown in prison

Farmers marched on state buildings, closed courthouse, tried to overtake arsenal, (retreated, 4 men died)

Called attention to problems of Articles

Population of States/Territories in 1787 (free and slave)

Constitutional Convention

Purpose was to REVISE Articles of Confederation – realized they needed to start over

• Philadelphia – May, 1787• 55 men from 12 states (none from RI)

• Well educated, white, land owners, 30s and 40s

• President - George Washington• James Madison – Father of Constitution (kept

records)

Purposes of Constitution

1) Establish Legitimacy (in preamble, states all accept it)

2) Create Appropriate Structures (establish 3 branches)

3) Describe & Distribute Power (separation of powers)

4) Limit Government Power (federalism)5) Allow for Change (amendments)

Underlying Principles

• Popular Sovereignty – people control• Limited government – gov must obey and is

NOT above law• Separation of Powers – 3 branches• Checks and Balances – each checks other• Federalism – power divided between fed and

state go (expressed, reserved and concurrent)

• Judicial Review – power to decide if laws are Constitutional

Preamble

• WHY are we writing the Constitution? • WHAT do we want it to do?

• Review Do No Activity

Preamble – why is it written?

1. Form a more perfect union2. Establish justice3. Ensure domestic tranquility4. Provide for the common

defense5. Promote the general welfare6. Secure the blessings of liberty

Proposals

• VA Plan • proposed many changes including 3

branches• executive appointed by Congress• Wanted representation by population

• NJ Plan • closer to Articles• additional powers to Congress• Wanted equal representation for all states

Key Decisions – discussions kept secret

• Set up 3 branches of government• Executive selected by Electoral College• Gave federal gov more power• Great Compromise – proposed by Sherman

• Senate (equal for all states) NJ plan• House (based on population) VA plan3/5 Compromise – slaves count as 3/5 of a

person for populationCongress can’t outlaw slave trade until 1808

Final Document:

• Preamble – articulated purpose• Article 1 – sets up Legislative Branch• Article 2 – sets up Executive Branch• Article 3 – sets up Judicial Branch• Article 4 – states must respect one

another, outlines how states created• Article 5 – allows for amendments• Article 6 – federal law rules• Article 7 – terms for ratification

Separation of Powers: 3 Branches

• Legislative – Congress (create laws) 535 members, 25+, U.S. citizen, 2-6 year terms no limit

• Executive – President, VP, cabinet, departments (enforce laws) 35+, US citizen at birth, 4 year terms 2 terms max

• Judicial – Supreme and lower courts (interpret laws) no requirements, life term

Checks and Balances

• Each has specific jobs and can “check” one another to ensure no one branch is too powerful

• Examples: veto laws, congressional approval of presidential appointments, Congress declares war

• Review chart

Federalism

• Expressed Powers - (delegated) given to federal gov by Constitution

• Reserved Powers – powers held for states by Constitution; anything not listed

• Concurrent or shared – both federal and state can do

Fill in examples of federalism:

Expressed Reserved Concurrent

What next? Ratification

• Sent to states on Sept. 17, 1787• Ratification required 9 states• Federalists supported (Washington,

Madison)• Anti-Federalists opposed (Patrick

Henry, Sam Adams)• The Federalist – series of essays

supporting Constitution published in NY papers (Madison, Hamilton & jay)

To ensure Ratification

• Created a Bill of Rights to get Anti-Federalists to support ratification

• BOR protects individual freedoms from strong federal government (What are those rights??)

• DE was 1st, NJ 3rd (Dec 18, 1787)• June 21, 1788 – when NH ratified• RI was last state to ratify on May 29,

1790

Amendments

• Bill of Rights – added in 1791 to make Anti-Federalists happy (First 10 amendments; guarantees rights of citizens)

• Amendments 11-27 – added since 1791, change structure of government or protect rights

How are amendments made?

• Proposal by:• 2/3 of Congress

OR

• 2/3 of delegates to a special convention, called for by Congress

• Ratification by:• 3/4 of states legislatures

OR• 3/4 of special ratifying conventions held in

each state