Forming a New Government

Chapter 5

“ The American War is over: but this is far from being the case with the

American revolution. On the contrary, nothing but the first act of

the great drama is closed. It remains yet to establish and perfect

our new forms of government”- Dr. Benjamin Rush (January 1787)

The BIG picture

When the United States declared independence in 1776, Americans talked about these united States, not the United States. They saw the 13 states as individual nations that had joined together in a loose alliance.

The Continental Congress drew up a government for these united States. Under that government, the states had more power than the national government. Nearly 10 years and many crises later, Americans realized that the country needed a stronger central (national) government. In 1787,

delegates met to draw up a new constitution.

IDEAS ABOUT GOVERNMENT

• Rule of Law- established under the Magna Carta made the king subject to the law

• English Bill of Rights declared the supremacy of the legislative body over the monarch. This gave the PEOPLE a strong voice in the government

• The Enlightenment- a philosophical movement that emphasized the use of reason to examine old ideas and traditions. John Locke (social contract) and Baron de Montesquieu (liberty through separation of government powers)

Documents which established the rights of Englishmen

Social contract exists between the rulersand the people they rule

Separation of powers

State Constitutions• A constitution is a written plan of government• Cautious about giving too much power in the hands of

a single ruler (remember King George?)• Limited the powers of the governor. The legislative

branch became the most powerful.• Adopted bi-cameral legislatures• Frequent elections • Suffrage -right to vote +21, male, own property or pay taxes, some free African- Americans)

Principle of State Constitutions during the Revolutionary War

• Principle 1: The PEOPLE hold the power of government

• Principle 2: LIMITED GOVERNMENT. ALL LEADERS have to obey the laws

Shared features of state constitutions

1. THREE branches of government: legislative (most bi-cameral), executive (weak governor) and judicial

2. Property qualifications for voting (some exceptions) and holding office.

3. A bill of rights to guarantee personal liberty

Creating a Republic

• Creating a central (national) gov’t would be difficult

• Most Americans favored a republic (citizens rule through elected officials) but with a weak national gov’t

• The states were like small independent countries

America’s first constitution:The Articles of Confederation

• Drafted by the Continental Congress in 1777 but not ratified until 1781

• What took so long? Western Land Claims• Established a “firm league of friendship”

among the states• Each state kept “its sovereignty, freedom, and

independence.”

Setting up the government

• Only one branch of government… the legislative branch (no executive or judicial)

• Each state had between 2 and 7 delegates depending on its population which voted as a unit.

• Each state had only ONE vote.• 2/3 rd’s of the states need to approve laws• All 13 states had to approve of the Articles or

any amendments (changes) made to it

Powers of Congress

Designed to be weak, Congress had these powers:• Declare war• Make treaties • Manage Indian affairs• Maintain an army and navy• Coin and borrow money• Regulate weights and measures• Establish a postal service

What two BIG powers did Congress lack ????

•TAX•REGULATE TRADE• No chief executive to enforce the laws (up to the

states)• No court system to settle disputes between

states• Could not force citizens to join the army.WEAKNESSES of the Articles

Accomplishments under The Articles of Confederation

Despite its weaknesses, under the AC:1. US won the war for independence from

Britain2. Trade was expanded3. A framework was established for settling and

governing western territories

WESTERN LAND POLICIES

• By 1790, over 120,000 people lived west of the Appalachian Mountains

• The Articles of Confederation had no provision for adding new states

The Ordinance of 1785

• Established a procedure for surveying and selling western lands

• Divided territory into townships• Townships were divided into 36 sections of

640 acres (1 sq. mile)• Sold land for a minimum of $1 per acre

THE NORTHWEST ORDINANCE (1787)

• Provided an orderly settlement for western territories

• Created a single NORTHWEST TERRITORY from the lands north of the Ohio River and east of the Mississippi River.

• The NW Territory could be further divided into between 3 and 5 smaller territories

The Northwest Ordinance 1787

• When the population of a territory reached 60,000 the territory could petition for statehood

• Each state constitution had to include a bill of rights which included trial by jury and freedom of religion

• NO SLAVERY (first attempt to stop the spread of slavery)

OK….So we have a government in place.

What problems do you think this new country of ours might face?

New Nations Faces Challenges (5-2) TROUBLES WITH OTHER COUNTRIES

• US perceived as weak and the gov’t ineffective• Troubles with Britain

1. Still kept soldiers in US territory 2. GB kept US out of the West Indes and other markets and charged high tariffs (import tax)

on American goods 3. John Adams sent to London…GB unwilling to

talk because US had not re-paid loyalists for their lost property

TROUBLES WITH OTHER COUNTRIES

• Troubles with Spain1. Spain closed lower Mississippi River to shipping in hopes of halting American expansion into Spanish Florida and lands west of the Mississippi River2. Western settlers could not get their goods to markets in the East3. A compromise was reached with Spain but rejected by the Southern states.

Impact of Closed Markets

• Farmers could no longer export their goods to the West Indes and had to hire expensive British ships to carry their goods to British markets.

• British merchants could sell their manufactured products at lower prices than locally made goods

• Tariffs and state problems• Dis-United States

LEARNING ACTIVITY #1ASSESSMENT

• DISCUSS WITH YOUR SHOULDER PARTNER:

How did the weaknesses of the Articles of Confederation affect relations with other countries?

TROUBLES…FINANCES

• Troubles with Britain and Spain over landholdings and trade

• Gov’t had a large debt from the war• Interstate trade• Money was almost worthless (not worth a

Continental)• States printed their own money• High inflation and depression• Robert Morris’ plan (5% tariff on imports—failed)

ECONOMIC DEPRESSION

• After the war, the US went through a depression, a period when economic activity slowed and unemployment increased.

• Inflation due to states printing of money that had no real value….higher prices

• Southern plantations damaged• Rice exports dropped• Britain closed West Indies ports

Learning Activity #2ASSESSMENT

Write a SUMMARY PARAGRAPH (4 or 5 GOOD sentences) that explains the following:

What economic problems did the new nation face and what role did the Articles of Confederation play in these problems?

YOU HAVE 5 MINUTES…consult your book and/or any notes you have…

Difficult Times for Farmers

• Could not sell their goods• Couldn’t pay taxes and debts• Many farmers went to jail• Resentment grew…farmers viewed the new

gov’t as just another form of tyranny• They wanted the gov’t to issue paper money

and make new policies to relieve debtors.

Shay’s Rebellion (1787)

• Angry farmers lashed out in Western Massachusetts.

• Led by Daniel Shays, a former Continental Army captain, they forced Massachusetts courts to close so judges could not confiscate farmers lands.

• In 1787, Shays led more than 1,000 farmers toward the federal arsenal in Springfield

Shay’s Rebellion

• The state militia was ordered out to stop the uprising.

• The state militia ordered the advancing mob to stop.• As a warning they fired a shot over their heads…

they continued on.• When the mob did not stop, they fired into them

killing four rebels. • Shays and his followers scattered and the uprising

was over

LEARNING ACTIVITY #3ASSESSMENT

• Answer the following…• 1. POINT OF VIEW: Why do you think Daniel

Shays and his followers took the actions they did?

• 2. MAKING JUDGEMENTS: Do you think Daniel Shays’ and his followers were justified? Explain your answer

Effects of Shays Rebellion

• Many Americans worried that the gov’t could not control unrest and prevent violence.

• It was seen as a sign that the Articles of Confederation did not work.

• Leaders from several states called for a convention to discuss ways of revising the Articles of Confederation.

• Failed Annapolis Convention (9/86- CT, GA, MD,SC)• They decided to meet in Philadelphia in May 1787

LEARNING ACTIVITY #4 ASSESSMENT

• Evaluate:

With all the weaknesses of the Articles of Confederation that you have learned

about, why do you think some states chose not to send delegates to the Annapolis Convention?

Creating the Constitution (5-3)Creating the Constitution

• May- September 1787 in Philadelphia, PA…one of the hottest summers on record

• 55 delegates included planters, lawyers, physicians, generals, governors, and a college president.

• 3 of the delegates were under 30 years old and one, Ben Franklin, was over 80.

• At a time when only 1 of 1,000 men went to college, 26 of the delegates had college degrees

Delegates to the Convention

• Several men stood out as leaders…• The presence of George Washington and

Benjamin Franklin ensured that many people would trust the Convention’s work.

• Two Philadelphians played key roles (James Wilson and Gouverneur Morris)

• From Virginia came Edmund Randolph and James Madison both strong supporters of a strong national government

Who was NOT at the Convention ???

• Some influential colonial leaders…- John Adams (was in England)- Thomas Jefferson (was in France)- Patrick Henry (smelled a rat)- Sam Adams- anyone from Rhode Island

• Women• African-Americans• Poor people

James Madison- Father of the Constitution

• He was the best prepared of the delegates.• Read the latest books on government and

political philosophy• Arrived a week early and organized his

thoughts• Took detailed notes on the debates

The Constitutional Convention

• Delegates decided to keep their talks secret• Hot summer…windows closed, curtains

drawn, candlelight, woolen suits• George Washington was unanimously chosen

as the president of the Convention• Each state had one vote…majority rules

Big States vs. Small States

• Proposed by Edmund Randolph from Virginia but largely the work of James Madison

• Known as The Virginia Plan• Called for a 2 house (bicameral) legislature. In

both houses the number of representatives would be proportional (based on the population of the state)

• Chief executive and a court system

Big States vs. Small States

• Delegates from Delaware, New Jersey and other smaller states immediately objected to the plan.

• On June 15, William Paterson from NJ introduced an alternate plan that revised the Articles.

• The New Jersey Plan kept the Article’s one-house legislature with one vote for each state

• Congress could set taxes and regulate trade (2 important missing powers from the Articles)

• Congress could elect a weak chief executive branch

Tony Picard 6’4” 400+ high school running back

Compromise…compromise…compromise

• Had to decide on whether to revise the Articles or write a new constitution

• On June 19th voted to work toward a national gov’t based loosely on the Virginia Plan

• Still many issues had to be worked out• As the delegates struggled to deal with

difficult questions, tempers and temperatures grew hotter

Compromise…compromise…compromise

• The greatest sticking point was on representation in Congress

• A committee was formed under the leadership of Benjamin Franklin to resolve the disagreements between big and small states.

• Roger Sherman from Connecticut suggested what would be known as the GREAT COMPROMISE

• A compromise is an agreement in which each side gives up something they want

The Great Compromise

• Sherman proposed a two-house legislature.• In the lower house- The House of

Representatives- the number of seats would vary according to the states population (favored larger states)

• In the upper house- The Senate- each state would have equal representation…2 senators from each state (favored smaller states)

Read page 166 of text Three-Fifths Compromise

• While you read fill out your two column notes section titled:

Northern States vs. Southern States

Compromise between Northern states and Southern states

• Southern states wanted to count slaves toward their population and representation in Congress

• Northern states objected since legally slaves were considered property and not “people”

• Northern states did want to count this “property” for purposes of taxation

• Neither side considered giving enslaved African-Americans the right to vote

The Three-Fifths Compromise

• Counted each enslaved person as 3/5th of a free person for both taxation purposes and for representation in the House of Representatives

Compromise on slavery…

• Slavery was also another issue that divided the Northern and Southern states

• Northern states had already banned slavery within their borders…many wanted to ban slavery throughout the nation.

• Southern states considered slavery and the slave trade essential to their economies

• COMPROMISE….Congress would not interfere in the slave trade until 1808

Read pages 167-168 of text

COMPLETE THE FOLLOWING SECTIONS OF THE TWO COLUMN NOTES WHILE YOU READ• Federalism (definition)• Supreme Law of the Land• Checks and Balances (definition)• Three Branches of Government (make-up and

purpose of all three branches?

A FEDERAL SYSTEM• The new Constitution shifted the power from

the states to sharing of power between the states and the national government known as federalism.

• The U.S Constitution is the supreme law of the land and the final authority in any dispute.

IMPORTANT THINGS TO KNOW ABOUT THE U.S. CONSTITUTION

A. Sets up a republic gov’t (citizens rule through elected representatives)

B. 4 GUARDS AGAINST TYRANNY1. federal system (sharing of powers between the national

and state governments)2. Big States vs. Small States- both are represented in our 2

house system3. Separation of Power- power is divided among three

branches of government4. Checks and balances- Each branch can check on or limit

the power of the other two

System of Checks and Balances

• Each branch has some way to check, or control, the other two branches.

• Checks and balance is another way in which the Constitution limits the power of government

IMPORTANT THINGS TO KNOW ABOUT THE U.S. CONSTITUTION

3. THREE BRANCHES OF GOVERNMENTa. The Legislative Branch [bi-cameral; House of Representatives (population)and The Senate (equal)] which makes the lawsb. The Executive Branch (The President and federal agencies) that enforce and carry out the laws made by the legislature.c. The Judicial Branch (The Supreme Court and other federal courts) which interprets the laws and actions of the other two branches.

Bill of Rights

• George Mason of VA proposed a bill of rights to be included in the Constitution.

• Some delegates worried that the new gov’t with its new powers might abuse its authority.

• Most of the delegated believed that the Constitution with its specifically listed powers provided adequate protection of individual rights.

• Mason’s proposal was defeated

Approving the Constitution

• The delegates met on September 17th (1787) to sign the new constitution.

• “I consent to this Constitution because I expect no better and because I am not sure, that it is not the best” – Benjamin Franklin

• 3 delegates refused to sign- Elbridge Gerry from Mass., Edmund Randolph and George Mason from VA because it did not include a bill of rights

Ratifying the Constitution (5-4) Amending the approval process

• To amend the Articles required unanimous consent of the states

• The delegates decided that once 9 states approved of the new Constitution it would go into effect

• Delaware the first (Dec. 1787)…On June 21, 1788, New Hampshire.

• BUT, without the approval of New York and Virginia, the future of the new government was not promising

Ratifying the Constitution (5-4)

• Both New York and Virginia had strong anti-Federalists groups.

• Patrick Henry in VA gave fiery speeches against the proposed Constitution claiming that it did not sufficiently limit the power of the federal gov’t

• Still, VA ratified the Constitution after being assured that it would include a bill of rights amendment (something added or change to a document)

Ratifying the Constitution

• After VA’s ratification, three states were left to ratify

• New York ratified by a narrow margin (July 1788)

• North Carolina (November 1788)• Rhode Island (May 1790)• THE BILL OF RIGHTS WOULD BE ADDED in

1791

End of Chapter 5

ASSIGNMENT• ON the LINED SIDE OF YOUR INDEX CARD write

a summary of information on the Federalist position on the ratifying the Constitution. It should include the following information:

• Their view of the Constitution• Leaders • Supporters• Federalist Papers• On the BACK SIDE do a similar summary for

the Anti-Federalists

Separation of Powers- The Legislative Branch (Congress)

PASSES LAWS◊ Can override President’s veto◊ Approves treaties/presidential appointments◊ Creates lower federal courts◊ Appropriates money◊ Prints and coins money

◊ Raises and supports the armed forces◊ Can declare war◊ Regulates foreign and interstate trade

The U.S. Capitol Building

Separation of Powers- The Executive Branch (The President)

Carries out or enforces laws- Proposes laws- Can veto laws- Negotiates foreign treaties- Commander-in-Chief of armed

forces- Appoints federal judges,

ambassadors etc.- can grant pardons to federal

offenders

The White House

Separation of Powers- The Judicial Branch (The Supreme Court and

other federal courts)

Interprets laws- Can declare laws unconstitutional- Can declare executive

actions unconstitutional

THE BILL OF RIGHTS

• The first ten amendments to the Constitution are known as the Bill of Rights.

• Protection of individual freedoms from government abuse

END OF CHAPTER 5

Bill of Rights

• 1st Amendment- Freedom of religion, press, speech and assembly and the right to petition

• 2nd Amendment- the right to keep and bear arms• 3rd Amendment- no quartering of troops• 4th Amendment- right against unreasonable

searches and seizure• 5th Amendment- rights of the accused (trial by

jury, double jeopardy, self-incrimination, due process)

Bill of Rights

• 6th Amendment- Right to a speedy trial and a trial by jury, confront witnesses, compel witnesses to testify, and the right to an attorney in criminal trials.

• 7th Amendment- Right to a jury trial in civil cases

• 8th Amendment- No excessive bail/fines and no cruel and unusual punishment

Bill of Rights

• 9th Amendment- The people have rights not listed in the Constitution

• 10th Amendment- Powers not given to the federal government go to the states