Forming A Government
Chapter 5
The Article of Confederation
-Two sources of inspiration in forming their new
government were the Magna Carta and the
English Bill of Rights.
Influences of the Magna Carta
-
Limited power of government
Fundamental rights
Trial by jury
Due process of law
Influences from the
English Bill of Rights
-
Limited power of the monarch
No standing army in peacetime
Free elections
Right to petition
Parliamentary checks of power
One model of self government followed by the
colonists was:
-Mayflower Compact
- A constitution is a set of basic principles and laws
that states the powers and duties of the
government.
- Under British rule, only free white men that
owned land could vote.
- Now, only white men who paid taxes could vote.
- Many states’ constitutions expanded suffrage, or
the right to vote, by allowing any white man who
paid taxes to vote.
Our Nation’s First Constitution
-The Committee of Thirteen was a group assigned to discuss and
draft the Articles of Confederation.
The Articles of Confederation
-Congress would become the single branch of the national
government.
-Each state had one vote in the Congress.
-Congress could
- Settle conflicts among the states
- Make coins
- Borrow money
- Make treaties
-The Articles of Confederation was weak plan of
government. It gave the national government few
powers.
System of Bring NEW states into
The Union
-Congress passed the Northwest Ordinance of
1787 that included areas that are now in
Illinois, Indiana, Michigan, Ohio, Minnesota,
Wisconsin.
Northwest Territory
-Settlers could draft their own constitution and
ask to join the Union, when the population of a
territory reached 60,000.
-Had a governor appointed by Congress.
The New Nation Faces Challenges
Relations with Other Countries
-Under the Articles of Confederation, Congress could
not force states to provide soldiers for an army.
-Without an army, the US could not defend against
foreign threats.
-It was also difficult to enforce international treaties
such as the Treaty of Paris, 1783.
-The United States also faced problems trading with
Great Britain, because American merchants were
forced to pay high tariffs, or taxes on imports or
exports. (rice, tobacco, tar, and oil)
Relations with Britain
-Britain was slow to withdraw from the American
side of the Great Lakes. (This was a great
annoyance.)
-After the signing of the Treaty of Paris, Britain
closed many of its ports to American ships.
No New Orleans Access for U.S.
-In 1784, Spanish officials closed the lower
Mississippi River to US shipping.
-Congress tried to work out an agreement with
Spain, but the plan did not receive a majority
vote in Congress.
-We had no military to persuade the Spanish to
cooperate.
Economic Problems
-Unequal trade caused serious economic problems
for the US.
-The Confederation Congress could not pass tariffs
to correct the problems with the market.
Weak Economy
-After the Revolutionary War challenges, in addition
to international trade issues, were trade
problems among states, war debts, and a weak
economy, plagued the states.
-To ease the pain and suffering, some states began
printing large amounts of paper money worth
very little. The result was inflation.
-The loss of trade with Britain combined with
inflation created a depression.
-Because Massachusetts refused to print worthless paper
money, farmers had trouble paying their debts.
-The courts began forcing them to sell their property.
Shay’s Rebellion
-In September 1786, a poor farmer and Revolutionary War
veteran, Daniel Shays led hundreds of men to protest
high taxes and heavy debt.
-They planned to shut down the courts so no one’s
property could be taken.
-This became known as Shay’s Rebellion.
-In the end, Shay’s Rebellion showed the weaknesses of
the Confederation government.
Calls for Change
-More Americans began calling for a stronger central
government.
-In 1786, the Virginia legislature called for a national
conference to discuss economic problems and
ways to change the Articles of Confederation.
Weaknesses of the Articles of
Confederation
-Most power held by the states
-One branch of government
-Legislative branch has few powers
-No executive branch
-No judicial branch
-No system of checks and balances
Creating a Constitution
-The goal of the 1787 meeting of the
Confederation Congress was to improve the
Articles of Confederation
-Three notable attendees were
-Ben Franklin
-James Madison “Father of the Constitution”
-George Washington
-Two of the major disagreements were:
-Small vs. Big states –
representation in Congress, tariffs,
slavery
-How strong should the national
government be?
Two plans were proposed at the Constitutional
Convention:
The Virginia Plan
-More powers to the national government
-Bicameral legislature (TWO houses)
-Votes based on population in both houses
The New Jersey Plan
-More power to state governments
-Unicameral legislature (ONE house)
-Equal number of votes per state
The Great Compromise
-In Roger Sherman’s plan, the legislative branch
would have two houses.
-Each state, regardless of population, would
have two representatives in the Senate.
-In the House of Representatives, the # of
representatives for each state would be
determined by the state’s population.
Regional Differences
-Southern delegates wanted enslaved Africans to be
counted as part of their state populations.
-Northerners disagreed because it would give southern
states more representatives and more power in
Congress.
-Northerner wanted the number of slaves to determine
taxes but not representation.
Three-fifths Compromise
-To resolve this problem some delegates
proposed to count three-fifths (3/5) of the slaves
in each state as part of the state’s population to
decide how many representatives a state would
have.
Three-Fifths
Compromise
The Living Constitution
-Most delegates wanted a strong national
government, but hoped to protect popular
sovereignty, the idea that political authority
belongs to the people.
-The delegates created federalism, or the sharing
of power between a central government and
the states.
Federalism
-Under the Constitution, each state must obey the
authority of the federal government.
-States have control over 6 government functions not
specifically assigned to the national government.
Powers Reserved for the States
-Control of local governments
-Control of education
-Chartering of corporations
-Supervision of religious bodies
-Create/oversee civil and criminal laws
-Protect welfare of citizens
3 Branches of Government
Three branches of government were created in the constitution to
balance power.
Legislative
-Propose and pass laws
-Senate = 2 from each state
-House of Representatives = based on population
Executive
-Includes President
-Makes sure the law is carried out
Judicial
-Made up of all national courts
-Interprets laws
-Punishes criminals
-Settles state disputes
Checks and Balances
-The framers of the Constitution set up a system of checks
and balances to keep any branch from becoming too
powerful.
-Congress has the power to pass bills into law.
-The President has the power to veto, or reject laws that
Congress passes. (this is one way the Executive branch
checks on the Legislative branch)
-Congress can override the President’s veto with a two-thirds
(2/3) majority vote. (this is an example of the Legislative
branch checking on the Executive branch)
-The Supreme Court has the power to review laws passed by
Congress and strike down any law that violates the
Constitution. (this is an example of the Judicial branch
checking on the Legislative branch)
Ratifying the Constitution
Federalists vs. Anti-Federalists
-When the Constitution was made public, a huge
debate began between people who opposed the
Constitution (anti-federalists) and supporters of the
Constitution (federalists).
Anti-Federalists
-Many Anti-federalists were small farmers and
debtors. But some were wealthy.
-The Anti-federalists main problem with Constitution
was that there was no section guaranteeing
individual rights.
Anti-Federalists
George
Mason
Samuel Adams
Patrick Henry
Federalists
-Federalists were supporters of the Constitution.
-Many Federalists were wealthy planters,
farmers and lawyers.
-Federalists believed that the Constitution
balanced various political powers.
-One of the most important defenses of the
Constitution appeared in a series of essays
that became known as the Federalists Papers.
Federalist Papers
-These essays were written anonymously under
the name Publius.
-However, they were actually written by
Alexander Hamilton, James Madison and John
Jay.
James Madison
George
Washington
Benjamin
Franklin
Alexander
Hamilton
John Jay
Ratification
-The Constitution needed only 9 votes (states) to pass it.
-9/13 states = ¾ of the states
-On December 7, 1787, Delaware became the first state
to ratify the Constitution.
-Several states ratified the Constitution only after they
were promised that a bill protecting individual rights
would be added to it.
Amending the Constitution
-This process requires that proposed amendments must
be approved by a two-thirds majority of BOTH houses,
and the ratified by three-fourths of the states before
taking effect.
Bill of Rights
-By December 1791, the states had ratified the
Bill of Rights (the first 10 amendments to the
Constitution)
-The Bill of Rights was added to the constitution
as amendments, because is added to suit the
will of the people