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Chapter 5: Creating the Constitution (1781-1789)
In 1777, during the American Revolutionary War, the Continental Congress wrote the new constitution
for the union of the states. It was known as the Articles of Confederation—our nation’s first
government. It was a loose/weak alliance amongst the newly independent states.
The Congress was led by John Dickinson. The new federal, or national, government had no President
or executive branch. However, the powers to make, implement, and enforce the laws were placed with
the Congress.
The national Congress created plans for both settling (Land Ordinance of 1785) and governing (The
Northwest Ordinance of 1787) the newly acquired
Northwest Territory—the area that was north of the
Ohio River and west of Pennsylvania as far as the
Mississippi River. (map, p. 138)
In the Land Ordinance of 1785 (settling), the
Congress designed a system for distributing the public
lands by creating townships. One-36th of the 6-by6
towns was set aside for public education. (p. 137)
The
Northwest
Ordinance
of 1787 (governing) provided a government for the western
territory. It also contained a process for statehood. (pp.
137-138)
The weaknesses of the Articles of Confederation were part
of the troubles of the young government. Under the
Articles, the federal (national) Congress could not establish
a common currency, regulate interstate commerce, or levy
taxes.
Complete Weaknesses of the Articles of Confederation (Quick Study, p. 140)
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Meanwhile, most Americans were farmers, and most farmers were in debt. In Massachusetts in 1786,
farmers took up arms to block foreclosure hearings. The state army suppressed what became known as
Shays’ Rebellion—major weakness of the Articles of Confederation. Most Americans hoped to save
the Republic by establishing a stronger national government.
Constitutional Convention
By 1787, most Americans agreed that Congress should have the power to regulate interstate and
international commerce and to tax the people. Alexander Hamilton and James Madison were two
leading thinkers at a constitutional convention to discuss the matter.
During the subsequent weeks and months, delegates debated proposals for the new constitution.
VIRGINIA PLAN
Most delegates favored James Madison's
Virginia Plan. This plan proposed dividing
power among the legislative, executive, and
judicial branches. It would establish a
bicameral legislature with a House of
Representatives and a Senate. In both
houses, representation was based on
population. The plan called for a strong
President and gave the Congress the power to
veto any state law.
NEW JERSRY PLAN
The New Jersey Plan proposed only small changes. It gave
the Congress the powers to regulate commerce and to tax.
It proposed a unicameral (one-house) legislature that
represented the states as equals. It favored an executive
committee rather than a President. Under this plan, states
remained mostly sovereign.
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GREAT COMPROMISE (=some VA+ some NJ)
Roger Sherman helped work out a
compromise between the Virginia
and the New Jersey plans, known
as the Great Compromise.
Bicameral (Two-House)
Legislature—Congress
The Senate would equally
represent every state—no state,
due to its larger size/population,
has an advantage over any other
state. (NJ plan)
The House of Representatives
would represent states based on
population—a state with a larger
size/population would more
equitably, or justifiably, deserve
more influence. (VA plan)
The delegates supported a system known as federalism (complete chart later), which divided
government power between the national and state governments.
During the debates, the delegates discovered that slavery was their greatest division. A compromise
known as the Three-Fifths Compromise counted each slave as three fifths (60%) of a person to be
added to a state’s free population. This affected each state's number of representatives and electoral
college votes.
Great
Compromise:
Parts of both the Virginia Plan and the New Jersey Plan: Settled the dispute over
representation in Congress between “large” and “small” states by creating a two-
house legislature.
Three-Fifths
Compromise
Delegates agreed to this compromise as a way to settle differences over
representation in Congress.
The delegates to the Constitutional Convention drafted a new constitution. After being signed, the
proposed Constitution was hotly debated. The delegates ruled that nine states had to ratify the new
constitution in specially elected conventions.
There were two main sides in the debate:
The Federalists (For it), who supported ratification
The Antifederalists (Against it), who opposed it. ( Where is the bill of rights???)
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The Federalists thought that a strong central government could overcome the difficulties facing the new
nation. The checks and balances in the proposed Constitution would keep any of the three branches from
gaining too much power.
The Antifederalists wanted a bill of rights. They believed that a strong central government would
threaten their liberty.
The proposed Constitution lacked majority support in 1787.
The case for ratification of the Constitution was set forth in The Federalist (Papers), a
series of 85 essays written by Madison, Hamilton, and John Jay. These essays were
published in New York newspapers in 1787 and 1788. The Federalists pushed for ratifying
conventions in five states and won ratification in all of them. The promise of a bill of rights
helped the Federalists to win most of the remaining states.
The Bill of Rights is the term for the first ten
amendments to the Constitution that provide basic
rights. In 1789, the new Congress convened in New
York City.
The writers of the Constitution created an indirect
democracy in which voters elect representatives to
govern. In the same way, an electoral college, or group
of persons chosen from each state, indirectly elects the
President.
The Constitution established a representative government based on these basic principles:
The Constitution has survived, in part, because it provides a process for its own amendment (changes).
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Separation of Powers (use p. 165 to fully complete)
Branch:
Legislative
Executive
Judicial
Power: “… laws”
P___________ the laws
C_________ o_____ the laws
I_______________ the
laws
Head:
C_______________________
P_______________________
S_________ C________
US Senate US House of Rep.
The Federal System (also information on p.171)
Leg. Exec. Jud.
Branch L E J
Power M E I
Head C P S
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Checks and Balances (also see p. 175)
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Democratic Donkey and the Republican Elephant
The now-famous Democratic donkey was first associated with Democrat Andrew
Jackson's 1828 presidential campaign. His opponents called him a jackass (a
donkey), and Jackson decided to use the image of the strong-willed animal on is
campaign posters. Democrats today say the donkey is smart and brave
Cartoonist Thomas Nast invented the Republican elephant. In a cartoon that
appeared in Harper's Weekly in 1874, Nast drew a donkey clothed in lion's skin,
scaring away all the animals at the zoo. One of those animals, the elephant, was
labeled “The Republican Vote.” That's all it took for the elephant to become
associated with the Republican Party. Republicans say the elephant is strong and
dignified.