Chapter 5:1
o WHAT: Early state governments and how they reflected republican ideals.
o WHAT: The structure and powers of the nation under the Articles of Confederation.
o WHAT: The main weakness of the Articles of Confederation.
o WHY: 11.1(2) Explain the debates on the drafting and ratification of the Constitution, and the addition of the Bill of Rights.
o (Act 10:34) Then Peter opened
his mouth, and said, Of a truth I
perceive that God is no respecter
of persons:
Chapter 5:1 A Confederation of States
• When declaring independence in 1776.
• The Congress invited each new state to create a constitution to establish a government.
• Although these documents varied, they all called for republics.
• Governments in which the people elect their representatives.
• But the Patriots disagreed over the proper design for those republics.
Chapter 5:1 A Confederation of States • After the war some Patriots such as
Thomas Paine wanted more power to the people (democracy).
• But more conservative Patriots distrusted the ability of the common people.
• More democratic patriots wanted to create state governments with strong legislatures and weak governors or no governors at all.
• They wanted a single unicameral (one house) legislature, whose members were elected by the people.
A Confederation of States • Most colonies however adopted a
bicameral legislature and a strong governor.
• Bicameral legislature is a lawmaking body with two houses, a Senate and a House of Representatives.
• These constitutions counterbalanced the power of common votes in the house with the power of wealthy, well-educated gentlemen in the Senate.
Equality For All?
• Democratic patriots wanted equal
political rights for almost all free
men, even those who had little or
no property.
• Conservatives preserved the
colonial property requirements to
vote.
Equality For All? o John Adams warned that allowing
poor men to vote would “confound and destroy all distinctions prostrate all ranks to the common level.”
o Valuing distinctions, he opposed political equality as foolish and unworkable.
o Women and slaves were excluded from voting.
Discussion:
What do you think of the position of some of the
founding Fathers who did not want the right to
vote for everyone and only for the educated
class?
Freedom of Religion • After the Revolution, however,
religious liberty and pluralism was common.
• In 1786, Virginia passed the Virginia Statute for Religious Freedom, which was drafted by Thomas Jefferson.
• Massachusetts and Connecticut were exceptions keeping their state funded churches.
• The primary spirit of the letter is clear – the United States government will assure religious freedom, giving “to bigotry no sanction, to persecution no assistance.” George Washington wrote those words in a 1790 letter to the congregation of a synagogue (Jewish) in Newport, Rhode Island. He was hoping to reassure the congregation that the budding government of the United States would allow free expression to all religions. Since then, Jews in America have flourished. CNN.Com.
Congress Creates Articles of Confederation.
• Drafted in 1777.
• A confederation is a league or alliance of states that agree to work together.
• Under the leadership of John Dickinson of Pennsylvania, the Congress designed the loose confederation of 13 states rather than a strong and centralized nation.
Congress Creates Articles of Confederation.
• The state legislatures rather than voters chose delegates to the national government.
• States could send as many as seven delegates.
• But each state no matter the size had only one vote.
• The power to make, implement, and enforce laws were all placed with the congress.
• The national government included no President or executive branch.
• Executive power was spread among several committees of congressmen.
Powers of the National Congress:
• Declare and conduct war and to negotiate peace.
• To regulate foreign affairs and to administer relations with Indian nations.
• The Congress had no power to raise money through taxes.
• It relied on contributions from the states.
• On some minor issues, a majority of seven states could pass a law.
Powers of the National Congress:
o On major issues (e.g., declaring war
and making treaties) two-thirds of
States (Nine) had to approve.
o All 13 states must approve any
change or amendments.
o In 1781 all states ratified the articles
of confederation.
Northwest Ordinance of 1787
o One of the most important accomplishment of Congress under the Articles of Confederation.
o A plan to settle and govern territory called the Northwest territory.
o Lay north of the Ohio River and west of Pennsylvania to the Mississippi River.
o Congress would sell land to speculators and farmers.
o To raise revenue and extend America westward.
o Settlers would accept the rule of the Federal government.
Northwest Ordinance of 1787
• Congress would appoint a territorial government.
• Led by a governor, secretary, and three judges.
• The citizens would enjoy freedom of religion.
• Trial by jury.
• The rights of common law, including habeas corpus.
• Once a territory had 5,000 men, they could establish an elected assembly.
• But the governor retained an absolute veto over its laws.
Northwest Ordinance of 1787
• The people could request admission as a State to the Union once the population reached 60,000.
• The new state would be equal to the original 13.
• But the new state must adopt a republican constitution.
• Ohio, Indiana, Illinois, Michigan, Wisconsin, and parts of Minnesota would later become states from this territory.
• Slavery was banned in these territories.
• Five of these States would become non-slave states.
Activity: How The Articles of Confederation work.
o Have students follow my direction of stand up and sit down.
o This is example of national government.
o Name each row as a State. And have each row do your own thing.
o That is the example of the articles of confederation.
WEAKNESS OF THE ARTICLES OF CONFEDERATION:
• Could not establish a common currency.
• Could not regulate interstate commerce.
• Could not regulate foreign trade.
• Could not tax.
• States voluntarily contributed financial support to Congress (unreliable).
WEAKNESS OF THE ARTICLES OF CONFEDERATION:
o Each state had only one vote in
Congress, regardless of its size.
o A two-thirds majority (9 out of 13
states) was required to pass laws.
o All 13 states needed to agree to
amend the Articles.
o No separate executive branch to
enforce acts of congress.
o No system of Federal Courts.
WEAKNESS OF THE ARTICLES OF CONFEDERATION:
What event showed the weakness of the
Articles of Confederation?
WEAKNESS OF THE ARTICLES OF CONFEDERATION:
o What event showed the weakness of the
Articles of Confederation?
o Shays rebellion caused Americans to
agree for a need of a strong central
government.
SHAYS REBELLION (1787):
• Led by Revolutionary War veteran Daniel
Shays.
• Shays and many farmers in Western
Massachusetts were angry.
• Because they could not afford to pay off the
money they borrowed from the banks
(debts) to keep their farms.
• The banks would then take back the farms
since the farmers no longer could pay what
they owed the banks (foreclosure).
SHAYS REBELLION (1787):
• Shays led a 1,000 armed farmers to take
control of the courts to prevent banks the
power to take away their farms.
• Because there was no national army, there
was no one that could free the courts from the
farmers.
• In eastern Massachusetts, the States raised
an militia to finally defeat Shay and his armed
rebellion.
• Shays rebellion caused Americans to agree
for a need of a strong central government.
ACTIVITY:
Have a student travel to each row, each row
acts like a colony. Student tries to buy
something with his paper money but the colony
does not accept his money and he/she needs
to get their paper money.
Discussion:
What do you see as both strengths and
weaknesses of the Articles of Confederation?
Chapter 5:2
o WHAT: The reasons leaders called for the Constitutional Convention.
o WHAT: The compromises made in order to reach agreement on the constitution.
o WHAT: The principles of the Constitution and their significance.
o WHY: 11.1(2) Explain the debates on the drafting and ratification of the Constitution, and the addition of the Bill of Rights.
Rom_13:10 Love worketh no ill to
his neighbour: therefore love is the
fulfilling of the law.
Drafting the Constitution
• Many Americans now agreed that they needed a stronger Federal Government to preserve the union.
• Congress called for a convention meeting in Philadelphia in 1787 for the sole purpose of revising the articles of confederation.
Alexander Hamilton:
• Disliked democracy and believed in a
strong central government.
• Hamilton believed that the British
Constitution including the King and the
House of Lords was the best model.
• A balanced government should have
elements of aristocracy and monarchy
as well as of republicanism.
Hamilton and Madison
• James Madison favored
republicanism.
• He believed a large republic with
diverse groups was good.
• These diverse groups would check
and balance each other with no
group becoming dominant.
Hamilton and Madison
• Madison hoped that the nation’s
most learned men to govern the
new national republic.
• Rather than the many local political
leaders he saw in the states.
Discussion:
Do you agree with Madison that our political
leaders should be the most “learned” or most
educated men?
Which view do you prefer based on your
reading, the position of Hamilton or the position
of Madison. Explain Why?
RIVAL PLANS FOR NATIONAL GOVERNMENT: Virginia Plan (Madison)
o Securing the power to tax and to regulate commerce.
o The National Government is divided into three branches: Legislative, Executive, and Judicial.
o The plan proposed a bicameral legislature with a House of Representatives and the Senate.
o In both houses, the states with larger populations would have more members.
o National Government has the power to veto state law.
Veto: right to reject a decision
or proposal made by a law-
making body.
RIVAL PLANS FOR NATIONAL GOVERNMENT
o Strong presidency.
o President serves one term for seven
years.
o President would command the armed
forces and manage foreign relations
o He would appoint all executive and
judicial officers.
o Subject only to approval by the
Senate.
RIVAL PLANS FOR NATIONAL GOVERNMENT: New Jersey Plan
(William Paterson)
• Gave congress the powers to
regulate commerce and to tax.
• It retained a unicameral legislature
representing the states as equals
no matter how large or small.
• Executive committee rather than a
single president like the articles of
confederation.
RIVAL PLANS FOR NATIONAL GOVERNMENT
• It preserved an executive committee
rather than adopting a singular
President.
• The states remained sovereign
except for those few powers
specifically granted to the national
government.
• Would remain a loose confederation.
Compromise: Roger Sherman
• The Senate would equally represent every state, regardless of size, by allowing two senators per state.
• The House of Representatives would be based upon population, granting more representation and power to the larger states.
• Madison abandoned his cherished national veto over state laws.
• States could no longer issue and print money.
Compromise
• This compromise led to a
system known as federalism.
• Federalism divided government
power between the federal
(National) and State
governments.
ILLUSTRATION:
GOVERNMENT AT SGA
Discussion:
Do you think States with more people should
have more say on how the country is run?
The Slave Issue
o South Carolina and Georgia demanded that the Constitution protect slavery.
o They also wanted slaves to be counted as free people so they can have more representatives in Congress.
o A compromise was reached to count each slave as 3/5ths of a man that allowed the South more representatives in Congress and more electoral votes.
o The Constitution forbade Congress from blocking the importation of slaves for twenty years.
o Slavery was protected.
Discussion:
o What is your reaction to the three-fifths compromise? Should the slave issue been addressed and solved during this time or was it wise to not deal with it and let it be dealt with in a later time which resulted in the bloodiest war in American History?
o Assignment: Creating your own Bill of Rights. Due Wednesday.
Chapter 5:3
WHAT: The arguments for and against ratification of the Constitution.
WHAT: How the Constitution was ratified
WHAT: Study the principles of the Constitution.
WHY: 11.1(2) The debates on the drafting and ratification of the Constitution, and the addition of the Bill of Rights.
o Isa_1:18 Come now, and let us
reason together, saith the LORD:
though your sins be as scarlet,
they shall be as white as snow;
though they be red like crimson,
they shall be as wool.
Ratifying the Constitution:
• The original purpose of the constitutional convention was to amend the Articles of Confederation.
• But they drafted a new document (The Constitution) to replace the Articles of Confederation.
• Now the Constitution goes to the States for ratification.
• Ratification is the official approval.
• The delegates changed the rules and now 9 states could approve the document rather than all 13 from the Articles of Confederation.
Two Sides: Federalists
• Favored a strong national government.
• They favored ratification.
• This group included Washington and Hamilton.
• They stressed the weakness of the Articles of Confederation.
• They argued that only a new government based on the proposed Constitution could overcome the difficulties facing the new nation.
Two Sides: Antifederalists:
• Feared a strong government and were critics of the Constitution.
• They wanted State governments to be stronger than the National Government.
• A strong national government would favor the elites.
• They felt that it was a retreat from the liberty won by the Revolution.
Two Sides: Antifederalists:
• They disliked the lack of a Bill of Rights.
• That would provide basic liberties, protecting the people from the powers of the government.
• Prominent antifederalists included Patrick Henry, Samuel Adams, and John Hancock.
ILLUSTRATION:
o Each row will be States and will write out
suggestions for rule changes for class or
suggest removing certain requirements for
class (e.g., no more tests, quizzes, can sleep
in class, etc.) Illustrate the Federalist and
Antifederalist position.
Discussion:
What political side would you most likely agree
with, Federalists or Antifederalists? Explain
why you chose that side.
Federalist Papers Outline Key Ideas:
• 85 essays written by Alexander Hamilton, James Madison among others.
• In their support for the constitution.
• The essays argued that the separation of powers in three branches of government would prevent the concentration of power dreaded by the Antifederalists.
• Checks and balances would prevent any branch of the government to be dominant.
Triumph
• The promise of a Bill of Rights helped the Federalists win most of the remaining states.
• James Madison wrote the Bill of Rights.
• The Constitution was ratified on May 29, 1790 when Rhode Island was the last state to vote it in.
Triumph
• Antifederalists deserve credit for
the federal Bill of Rights, the
first ten amendments to the
Constitution.
• Only the forceful resistance of
the Antifederalists obliged the
Federalists to add a Bill of
Rights.
Bill of Rights:
• Madison drafted the Bill of Rights, basing it on the earlier Virginia Bill of Rights.
• Madison limited the amendments to guarantees of individual rights.
• Leaving the federal framework the same.
• He also avoided any sweeping preamble that declared all men equal in their creation and rights.
• That omission enabled slave owners to persist in denying rights to their slaves.
Bill of Rights: First Ten Amendments to the Constitution
o The protected rights included freedom of religion, speech, press, assembly, and petition (First);
o Right to bear Arms (Second)
o Protection from unreasonable searches and seizures (Fourth),
o Right to not incriminate oneself (Fifth)
o Right to a speedy and public trial (sixth).
o Protection against cruel and unusual punishment (eighth).
o Madison feared that any finite list of rights would later be abused to deny any left unmentioned.
o So the Ninth Amendment left open subsequent development of additional rights.
• “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.” First Amendment.
• The National Government could not establish a national religion (Establishment Clause).
• The National government could not restrict the free exercise of religion (Free Exercise Clause).
• You can worship how you please without fear of restriction from the government as long as it does not endanger others and is not illegal activity.
• Joh_18:36 Jesus answered, My kingdom is not of this world: if my kingdom were of this world, then would my servants fight, that I should not be delivered to the Jews: but now is my kingdom not from hence.
• (2Ch 19:11) And, behold, Amariah the chief priest is over you in all matters of the LORD; and Zebadiah the son of Ishmael, the ruler of the house of Judah, for all the king's matters: also the Levites shall be officers before you. Deal courageously, and the LORD shall be with the good.
• 2 Chronicles 26:17-26.
o Bill of Rights Presentations.
o What amendment of the Bill of Rights is most
important to you and why? (Note you can
find the Bill of Rights in your textbook).
o ACTIVITY.
o Three volunteers to be the three branches of government.
o Congress passes a law (have student make up a law)
o Have president chose to either sign or not sign the law. (veto)
o Congress can override veto.
o Supreme Court has final say.
Principles of the Constitution
• All government powers/political
authority comes from the people
(Popular Sovereignty).
• Government’s power is restricted or
limited by the rule of law and the
Constitution states what power the
government has (Limited
Government).
Separation of Power:
• The Constitution assigns certain specific powers to each of the three branches of the federal government.
• The legislative branch (Congress) enacts laws.
• The executive branch (president) carries out the laws, negotiate treaties, and commands the armed forces.
• The judicial branch interprets the Constitution and applies the law.
• The constitution establishes a Supreme Court and authorized Congress to establish other courts as needed.
• This prevents any misuse of power of any of the three branches.
Federalism:
• Division of power between the states and the nation.
• States no longer could print their own money.
• These delegated powers belonged exclusively to the Federal Government.
• Federalism also reserves some powers to the state governments.
• For example, states regulate all elections.
• Both Federal and state government hold overlapping concurrent powers, among them parallel court systems.
Checks and Balances:
• Limits the power of government by creating a system designed to prevent one branch from seizing too much power.
• Congress has power to enact laws.
• President can veto a law.
• However, a two-thirds majority of both houses can overturn the veto.
• The president nominates judges but the Senate must approve them.
o Activity:
o In your groups act out the following concepts.
o Federalism
o Checks and Balances.
Principles of the Constitution
o Instead of creating a direct democracy in which all citizens vote on every matter the Framers created an indirect democracy.
o In which voters elect representatives to be their voice in government.
o The writers of the Constitution distrusted a direct democracy where all citizens directly led the government.
Principles of the Constitution
o At that time the people only voted for the House of Representatives and the state legislature appointed members of the senate.
o The electoral college or group of persons chosen from each state, would indirectly elect the President.
o Each state legislature would determine whether to choose those electors or let the citizens elect them.
o In addition, the indirectly elected President and Senators would choose the least democratic branch of all: the judiciary.
o By giving the federal judges life terms, delegates meant to insulate them from democratic politics.
Influenced By The Enlightenment:
• John Locke wrote that government was
meant for the good of the people.
• If the government did not fulfill this good,
then the people, based on their popular
will can remove that government and
replace it with a new one.
• Montesquieu wrote on the importance of
the separation of powers which we see in
the American government.
Constitution Endures
• And the Constitution guarantees to the people the right of self-government, providing that representatives elected by the popular vote shall enact and administer the laws. Freedom of religious faith was also granted, every man being permitted to worship God according to the dictates of his conscience. Republicanism and Protestantism became the fundamental principles of the nation. These principles are the secret of its power and prosperity. The oppressed and downtrodden throughout Christendom have turned to this land with interest and hope. Millions have sought its shores, and the United States has risen to a place among the most powerful nations of the earth. {GC 441.1}
DEBATE:
o What do you think is more important, a strong
national government or a weak national
government where the States can have
greater power to rule their own territory.
