Chapter 7
Creating the Constitution
(1776-1790)
(American Nation Textbook Pages 200-251)
Powerpoint
by Mr.
Zindman
1
Benjamin Rush
Thomas Paine
Chapter Setting
Benjamin Rush’s words were spoken in January 1787. It reflected
many Americans feelings on the American Revolution.
1-Rush was a respected doctor that set up the nations first free
clinic.
2-He was very outspoken and earlier he convinced Thomas Paine to
write his pamphlet, Common Sense.
“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 government,”
3-It means we need establish a new government!
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1.Governing a New Nation
With the
signing of the
Declaration of
Independence
and the Treaty
of Paris their
now was a
need to set up
a form of
government for
the American
people.
3
4-On May 1776, the
Continental
Congress asked
each colony to set
up a government to
protect the “lives,
liberties, and
properties” of its
citizens.
In July, the
Congress set about
to set up and
organize a new
national
government.
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5-During the Revolution most states wrote their own
Constitutions.
6-A constitution is a document that sets out the laws
and principles of government.
State Constitutions
States wanted a
constitution for two
reasons.
7-First, it would spell
out all the rights of all
citizens. Secondly, it
would set limits on
the power of
government.
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8-Colonists were too
concerned about
putting too much
power in the hands of
a few people.
To avoid this they
divided the powers of
government between
an executive and the
legislative part.
9-Every state had a
legislature that passed
laws. The voters
elected lawmakers.
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Power in the legislature
was divided between the
upper house called the
Senate and a lower house
called the House of
Representatives . All
states except
Pennsylvania had a
governor or executive.
10-An executive is a
person who runs the
government and sees
the laws are carried
out.
House of
Representatives
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Virginia further limited the power of
government by including a Bill of Rights in its
constitution.
11-A Bill of Rights lists freedoms that the
government promises to protect.
The Bill of Rights protected the rights of religion and
freedom of the press, trial by jury, limits on searches
and arrests. Other states soon followed Virginia’s
examples and created their own Bill of Rights.
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The state constitutions also expanded the
right to vote.
12-Now under the constitution you could vote
if you were a white male over the age of 21.
In a few states women and free African
Americans could vote.
Fannie Lou Hamer Links
by Mr. Zindman
Susan B. Anthony and
Elizabeth Cady Stanton
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The American Revolution did not prompt a radical
redefinition of the right to vote. In 1786, only two of
the original thirteen states (Georgia and South
Carolina) expressly restricted voting privileges to the
eligible white population.
13-The U.S. Constitution, written in 1787, recognized
the authority of the states to define the right to vote.
Between 1776 and 1860, about one-third of the states
permitted voting by free African-American adult males.
10
Forming a National Government
Although the states have formed 13 separate
governments, the Continental Congress drafted a
plan for the nation as a whole.
14-In order for America to be successful all of the
states must be united by a national government.
11
Writing a constitution that all the states would
approve was difficult. The states were unwilling to
turn over their power to a national government.
15-After many debates, the Continental Congress
completed the first American Constitution, The
Articles of Confederation.
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Under the Articles of Confederation:
1. All states agrees to send delegates to Congress to
vote on proposals
2. Congress would pass the laws, but at least 9 of the
13 states had to approve of the law before it can
pass.
3. Congress could not pass taxes, the states had to
control over taxes.
4. Congress had the right to declare war, appoint
military officers, and create and control coin
money.
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Disputes Over Western Lands
The first dispute arose over the Articles of the
Confederation. All the states ratified the Articles with
the exception of Maryland.
16-They disputed of the land between the
Appalachian Mountains and the Mississippi River.
Virginia and some other states claimed all the land to
the West. Soon afterwards one state at a time they
gave up their claims to the western lands.
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Serious Charges Over the Articles of Confederation
By 1783, the United States had won their independence. The new
nation faced many problems. From 1783 to 1787, the Americans
had reason to doubt whether their country would survive.
17-The biggest problem that the states faced was
money. As a result of borrowing during the
Revolution, the United States owed millions of dollars
It had no way to pay its debts. Under the Articles of Confederation,
Congress would ask for money to repay these debts. However, the
states had the right to turn down the requests of Congress.
15
18-During the Revolution Congress
solved their problems by printing
paper money. This paper money was
called Continental dollars.
Without gold or silver to back up the
paper money, the paper money
retained little or no value. As the
Continental dollars became
worthless the states printed up their
own paper money.
19-The problem with this was that
most states refused to accept money
from another state. This made trade
between states difficult.
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Settling the Western Lands
Settlers in the western lands posed still another
problem. The
20-Articles of the Confederation said nothing about
admitting new states to the United States.
Congress saw a great
need for a local
government in the
western lands or
Northwest Territory as
thousands of settlers
moved there. To meet this
need Congress passed
two laws. Here are the two
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laws:
21-• Land Ordinance of 1785- this law set up a system for settling
the Northwest Territory. The law called for the territory to be
divided into sections or townships.
21-• Northwest Ordinance- This law set up the government of the
Northwest Territory. This law also outlawed slavery in these lands. When
the population in a territory or section reached 60,000 they can apply to
the United States to become a state.
22-In time five states were carved out of the Northwest Territory.
The new states were Ohio, Indiana, Illinois, Michigan and
Wisconsin.
Northwest
Ordinance
Land Ordinance of 1785
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Growing Problems
After the Revolution, the nation
suffered an economic depression.
23-An economic depression is a
period when business activity
slows, prices and wages drop,
and unemployment rises.
The depression hit the farmers hard. During
the Revolution the demand for farm products
was high. The farmers were eager to produce
more food. They borrowed money to buy
more land, seed and animals. their loans.
As the soldiers returned to their homes the
demand for farm goods fell. Many farmers
could not repay their loans.
24-The banks and courts seized the
farms of the people that did not repay
19
Shay’s Rebellion
In 1786 the unhappy farmers
flared into a rebellion. They were
determined to save their debtridden farms.
25-Daniel Shays, an unhappy
farmer gathered a force of 2,000
farmers and led them into a
rebellion attacking court houses
and preventing the sale of their
property for payment of debts.
When the farmers tried to raid a
warehouse full of rifles and
Gunpowder the Massachusetts army
drove them off. This uprising was
called Shays' Rebellion.
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26-George Washington
spoke out on behalf of
the farmers.
He felt that the Articles
of Confederation had
to be changed to help
meet the needs of the
farmers during this
crisis. On May 1787
the leaders of several
states met to discuss
this issue in a
convention.
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2. A Constitutional
Convention
27-The convention was
called the Constitutional
Convention was held in
Philadelphia.
Among the delegates to the convention was a 36-year-old,
short and thin man.
28-He was James Madison. James Madison was the youngest
and most prepared man at the Constitutional Convention.
29-Madison kept a full and clear record of the proceedings.
Benjamin Franklin, at age 81, was the oldest man at the
convention.
In the hot summer of 1787, the framers of the Constitution created
a strong and enduring government. They revised the Articles of
Confederation.
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Hopelessly Divided
Soon after the meetings began the
delegates decided to do more than
revise the Articles of Confederation.
Edmund Randolph
James Madison
30-They decided to instead write a
brand new constitution for the
nation.
Many delegates disagreed what form this
government should take.
Edmund Randolph and James Madison,
both from Virginia, made a proposal to
the Convention.
31-The plan was called the Virginia
Plan. The plan called for a strong
national government with three
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(see the next slide)
branches.
• 32A-The Legislative Branch of government passes the laws.
• 32B-The Executive Branch of government carries out the laws.
• 32C-The Judicial Branch or system of courts decides if the
laws are carried out fairly.
Click to visit a computer activity on the
three branches of government created by
Mr. Zindman
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33-The Virginia Plan
also called for a twohouse legislature.
Seats to each house
will be awarded based
on population.
Previously under the
Articles of the
Confederation each
state had the same
number of
representatives
regardless of the
population.
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Many small states objected strongly to the
Virginia Plan. Large states could easily
outvote small states. After two weeks of
debate,
34-William Patterson, of New Jersey
presented a new plan called the New
Jersey Plan.
Under the New Jersey Plan, the
legislature would only have one
house.
The Great
Compromise
William Patterson and Roger
Sherman
35-Each state no matter the size of the
population would have only one vote in the
legislature. The two sides were deadlocked
A delegate named Roger Sherman, of
Connecticut, worked out a compromise
between the large and small states.
36-A compromise is a settlement in which one side agrees to
give up part of what it wants.
26
The
Senate
House of
Representatives
Sherman’s compromise called for a legislature with a lower and
upper house. The Lower House was known, as the House of
Representatives would have representatives based on that state’s
population.
37-The members of the upper house known as the Senate would
have two senators per state no matter what the size of the state.
On July 16th the delegates approved the plan. It became known as
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The Great Compromise.
Debates over Slavery
The issue of slavery was also raised at the convention.
Southerners wanted to include slaves in the population count but
they did not want to let them vote. If the slaves were counted the
South would have a majority of representatives.
Northerners protested, they said if they could not vote they could
not be counted. They did not want the South to have a majority of
the representatives. Once again the delegates compromised.
38-They agreed that three fifths of the slaves would be counted as
part of the population.
In other words, if a state had 5,000 slaves, 3,000 of them would
be counted in the state’s population. This was called the ThreeFifths Compromise.
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The Slave Trade
39-Northerners and Southerners
also disagreed on another issue
relating to slavery.
By 1787, some northern
states banned the slave trade
within their borders.
They wanted the new
Congress to ban the slave
trade in the entire nation.
Southerners warned that if
the slave trade was
banned it would ruin the
southern economy.
Click on
the
pictures
to learn
more
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In the end, the two
sides compromised.
They said:
Congress could not
outlaw slavery for
at least twenty
years. Northerners
agreed that no state
could stop a
fugitive slave from
being returned to
an owner who
claimed him/her.
Click on the picture to learn more
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3. Debating the Constitution
Finally, on September 17, 1787, the
Constitution was ready. The
delegates one by one signed the
Constitution. They had done
something remarkable. In just a few
months, they had set up the
framework for a lasting government
for our country. At the end of the
Convention, a Republic was set up.
40-A Republic is a nation in which voters
elect representatives to govern them.
Benjamin Franklin said, “It is now up to the
people of the United States to make their
own new government work.”
31
Ideas that Shaped the Constitution
Many ideas from the Constitution were inspired from
other sources. Here are some of the ideas that
shaped the Constitution.
32
• 41-The League of the Iroquois-early American leaders
was inspired by the Iroquois system of government.
The League of the Iroquois was a model for unity.
The Indian nations governed separately but joined
in unity in their defense.
• 41-Ideas from Europe- Ideas limiting the power of a
ruler came from the Magna Carta in England.
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• 41-John Locke- In 1690, John Locke published Two treaties of
Government. He stated in this work that all people had the natural
rights to life liberty and property.
• Montesquieu- In 1748 Montesquieu published The Spirit of the Laws.
In it he said that the power of government should be divided among
three branches: legislative, executive and judicial. This was designed
to keep any person or group from gaining too much power. This idea
became known as the separation of powers.
Montesquieu also said that the powers of government should be clearly
defined.
Click here to visit a
computer activity
on the ideas that
shaped the
Constitution created
by Mr. Zindman
John Locke
Montesquieu
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A Federal System
Under the old Articles
of Confederation, the
states had more power
than Congress. With
the new Constitution,
the states gave up
some of their power to
the national
government.
42-The division of
power between the
states and national
government is called
Federalism.
35
Under the Federal system the following rules of power
apply:
• The Constitution spells out the powers of the
Federal Government. For example, the Federal
Government can coin money or declare war.
• Under the Constitution, states have the power to
regulate trade between their borders. The states
decide who can vote in elections. The states have the
power to establish schools and local governments.
36
Many of the powers
between the
government and states
are shared. For
example, both
governments can build
roads or raise taxes.
The Constitution is the
“final law of the land.”
In a dispute between
the state and Federal
Government, the
Federal Government
has the final authority.
37
Separation of Powers
43-The Constitution set up three branches of government. They
defined the powers of each branch.
1. The Legislative Branch- Congress is the legislative branch of
government. It is made up of the House of Representatives and
the Senate.
44-The main function of the legislative branch is to make laws.
The legislative branch has the power to collect taxes and the
power to regulate foreign and interstate trade.
In foreign affairs Congress has the power to declare war and to
“raise and support armies.”
Click on the picture to learn more.
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2. The Executive BranchThe Executive Branch is
headed by the President.
The Executive Branch
also includes the VicePresident and any
advisors appointed by the
President.
45-The President from the
executive branch is
responsible for carrying
out all the laws passed by
Congress.
Click on the picture.
The President is also the
commander and chief of
the armed forces and is
responsible for all foreign
relations.
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3.The Judicial Branch- Article 3 of the Constitution
calls for a Supreme Court and other federal courts.
46-These courts hear cases that involve the
Constitution and any laws passed by Congress. They
also hear cases arising between two or more states.
Click on the picture to
learn more.
40
Electing a President
Delegates wanted to be sure that the President would not become
too strong. Delegates also wanted to know how a voter would get
to know a candidate if they lived far away. To solve these
problems, delegates set up the Electoral College. The Electoral
College would be made up of electors from every state.
47-Every four years, the Electoral College would meet
as a group and vote for the President and VicePresident of the United States.
The founders of the Constitution felt that the well-informed
citizens familiar with the national government would be able
to choose a President and Vice-President wisely.
41
A System of Checks and Balances
The Constitution set up a system of checks and
balances.
48-Under this system, each branch of the government
has some way to check, or control the two other
branches. This is also another way that the
Constitution limits the power of government.
42
Checks on Congress
• 49-The President can check the power of
Congress by vetoing, or rejecting
50-a proposed law (or bill.)
• Congress can then check the President by
overriding, or overruling, the president’s
veto.
43
2. Checks on the President
• The President has the power to
appoint officials in our government.
However, the Senate must approve his
appointments.
• The President can approve a treaty
from another nation, but the Senate
must approve it by a two-thirds
majority vote.
• Congress has the power to remove a
president from office if they find the
President guilty of a crime.
•51-When a President is charged with a crime or
misbehavior it is called an impeachment.
44
3. Checks on the Courts
• The President and Congress have checks on the
courts. The President appoints the judges in the
courts but the Senate must approve them.
• If a judge misbehaves Congress can remove
them from office.
Click on the picture to learn
more.
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A Living Document
This document has been working for more than
200 years, longer than any other Constitution in
the world. This Constitution has lasted because it
is a living document.
The original document can be seen at the National Archives in
Washington, D.C.
Click on the picture to learn
more.
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4.Ratifying the Constitution
At home in the town
squares, Americans
discussed the Constitution.
Many people supported it.
Many others did not. The
convention was over. Now
the states had to decide
whether or not to ratify this
new frame of government.
47
The Constitution was sent to George Washington for his
examination. He called upon Congress to support the
plan. In order for the document to be ratified (or
accepted) nine of the thirteen states had to agree with it.
In every state there were debates over the Constitution.
52-People that supported the Constitution were
called Federalists..
53-The people who opposed the Constitution were
called Antifederalists
Federalists
48
The Antifederalists were against the
Constitution because it did not have a Bill of
Rights.
54-The Bill of Rights would spell out the
basic freedoms (or rights) for all of the
American people.
The states then held a vote and one by one, the
states voted to ratify the Constitution. In June
1788, New Hampshire became the ninth state to
ratify the Constitution. Now the new government
could go into affect. By 1790, the last state of
Rhode Island approved the Constitution. The
people celebrated in festive parades and parties.
55-Americans then voted in George Washington
as the first President. 56-John Adams was
elected the first Vice-President.
57-New York City became the nation’s first Capital.
49
Adding a Bill of Rights
The first Congress quickly turned its attention to
adding the Bill of Rights.
58-They also set up a way to amend, or change the
Constitution.
They wanted the Constitution to change as the times
changed. They called the changing of the Constitution
the Amendment Process.
50
The Amendment Process
Click on the picture to learn more.
59-To start the amendment process, an amendment
must be proposed.
This can be done in two ways. Two thirds of both
houses of Congress can vote to propose an
amendment. Or two thirds of the states can request
special conventions to propose the amendments.
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• 60-Next the amendment must be ratified (or accepted.)
Three fourths of the states must vote for the amendment
before it becomes part of the Constitution.
• In more than 200 years since the adoption of the
Constitution, only 27 amendments have been approved.
Ten of these were added in the first years of the
Constitution.
61-19th
Amendment:
Woman’s
Suffrage
Click on the picture to learn more.
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62-The first ten amendments to be approved were
called the Bill of Rights.
The Bill of Rights assures that the government does
not take away the peoples basic rights. Here are
some of the first few Amendments:
53
•63-Amendment 1 guarantees freedom of religion, freedom of speech,
freedom of press, freedom of petition and freedom of assembly.
•Amendment 2 and Amendment 3 prevents Congress from forcing
citizens to quarter, or house troops in their homes.
•Amendment 5-8 protects citizens accused of crimes and brought to trial.
Every citizen has the right to due process. Due process means the
government must follow the same fair rules in all cases brought to trial.
Among these rules are the right to trial by jury, the right to being
defended by a lawyer, and the right to a speedy trial.
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This Powerpoint slide
show was made by Mr.
Zindman. Visit Mr.
Zindman’s web page at
www.mrzindman.com
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