Post War Governance: The
Articles of Confederation &
Constitution
US History Honors - Libertyville HS
Declaration of Independence
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What do you
remember from the
webquest?
Background
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April 1775: Rev. War
started
1776: Continental
Congress convened in
Philadelphia
Declaration of Independence
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“Committee of Five” to
draft Declaration
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Ben Franklin
John Adams
Thomas Jefferson
(primary author)
Robert Livingston
Roger Sherman
Declaration of Independence
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Brainstorm: What was the purpose of the
Declaration of Independence?
Mr. Duffy’s purposes
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Lay out principles of government of new state
Voice independence of 13 colonies from
England
Explain WHY colonies were breaking away
from England
Declaration of Independence
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Review the first two
paragraphs of the
Declaration . . .
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What is self-evident?
What is inalienable?
Life? Liberty?
Pursuit of happiness?
What are the
principles this new
government will
follow?
Results of the Revolution
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Political independence
from Britain – Treaty of
Paris, 1783
Economic freedom from
mercantilism
Social advancement of
AMERICANS into
positions of leadership
Western migration
(more land holders =
more voters!)
Religious separation of
church and state
Surrender of British at Yorktown, 1781
Map, US 1783
Challenges, post Revolution
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Economic
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Political
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Impressment of American Sailor
British exclude US from
trade with Empire
Agr. Prices decline
Unemployment in cities
Soldiers unpaid, often for
years
Businessmen refused to
trade outside their own
state
No respect overseas
British troops still occupy
American soil
Government, Post War
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Local Government (towns) same as
colonial era
State Governments
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Written constitutions
Three branches of gov’t, with house / senate
legislatures
Governors w/ limited powers (why?)
Right to vote limited (property owner, etc)
Rights of people specified by constitution
National Government
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Second Continental
Congress (1776-81) ran
US during war
Articles of
Confederation (17811789)
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Independence Hall, Philadelphia
Formed first national
government
First experiment of
colonies to have a
document governing
their interactions
Established a “firm
league of friendship”
Articles of Confederation
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Three words to remember about AOC . . .
IT
DIDN’T
WORK
Articles of the Confederacy
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Why didn’t it work?
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States maintain their independence and sovereignty
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Weak central government
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no reg of interstate trade; no central foreign policy
no executive branch; unicameral legis; no national judiciary
no national taxing power; no national currency
Difficult to make changes or get things done
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1 vote / state; supermaj (9/13) to pass law, unanimous to
amend AOC
Accomplishments of AOC
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Managed revolution
Negotiated Treaty of
Paris (1783)
States kept unified in
name during
challenges
Passed Land
Ordinance of 1785
and Northwest
Ordinance of 1787
Signature Page, Treaty of Paris (1783)
Land Ordinance, 1785
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Western lands surveyed,
divided into square townships
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36 sections each
1 section = 1 square mile (640
acres)
Income from one section used to
support public education
(RADICAL!)
Land to be sold in 640 acre
sections, not less than $1.00 /
acre
Money from sales to central
government to pay war debt,
general revenue
Significance: est/ nat’l policy
for sale of Western lands
Encouraged public education
Townships of Lake
County, IL
Northwest Ordinance of 1787
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Territory to be made into 3
to 5 states
When population=5k
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When population = 60k
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Draft constitution
Apply for statehood
Equal “in all respects
whatsoever”
Major issues
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America, 1790
Territorial leg.
Governor, judges appointed
by Congress
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Slavery prohibited in NWT
Bill of Rights guaranteed
Public education encouraged
Creating the US Constitution
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After the War for Independence ended, people
agreed that the AOC needed to be changed
(Structural problem, Shay’s Rebellion)
Met in Annapolis in 1786 (5 of 13 states)
Met in Philadelphia in 1787 (12 of 13 states)
US Constitution
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Document of
Compromises
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Legislature: how
composed?
Executive: direct
or indirect
election?
Judicial: power +
life appointments?!
Slavery: how to
avoid disunion with
South?
At the Constitutional Congress, 1787
Composition of the Legislature
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Virginia Plan
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New Jersey Plan
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Base representation on
population
Favored big states
Base representation
equally, by state
Favored small states
Connecticut Compromise
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Bicameral (two chamber)
legislature
Executive: Direct Election or
Indirect Selection?
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Why didn’t the Founders
want direct election?
(Brainstorm)
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Difficulty for nationwide
vote (distance, travel
problems, corruption)
“Favorite Son” (vote for
local candidate, not best)
Fear of direct democracy
Executive (s)election
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Why didn’t founders want President
selected by both chambers of Congress?
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Political parties
President would owe Congress for job
Too much power to Congress
Executive (s)election
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So why the Electoral
College?
 Requires President to
have support across the
country, not just one
region
 Contributes to political
stability of country by
favoring two party
system
 We ARE a federal system
… (50 state elections,
plus one election by
Electoral College =
President)
Electoral College allocation, 2000
Judicial Compromise
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United States
Supreme Court
(USSC) the supreme
law in country
BUT Congress creates
all other courts and
establishes which
courts get jurisdiction
And the Executive
appoints all justices /
judges
Slavery
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New England states
wanted to outlaw
slavery completely
Southern states
wanted to count every
slave a person for
representation in
national legislature
3/5 Compromise
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Slaves would count as
3/5 a person for
purposes of counting
population to determine
how many House of
Representatives a state
received
Congress could not pass
a law outlawing slavery
until after 1808
Fugitive slaves escaping
to a non slave state had
to be returned to their
home state, if captured
Structure of Constitution
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Seven Articles
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1st article = powers of Legislative branch
2nd article = powers of Executive branch
3rd article = powers of Judicial branch
4th article = Relations among the states
5th article = How to amend the Constitution
6th article = Supremacy of National Law; Oaths
7th article = Ratification (approval) of Constitution
Structure of Constitution:
Separation of Powers (SOP)
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The Constitution separates powers of government
among three co-equal branches of government
Article I, section I = “All legislative powers herein
granted shall be vested in Congress…”
Article II, Section I = “The Executive power shall be
vested in a President of the USA”
Article III, Section I = “The judicial power of the US
shall be vested in one supreme court . . .”
Structure of Constitution: Checks
and Balances (C&B)
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Further limits on each
branch’s powers are
explicit restraints, held
by other branches
Idea of framers was to
balance the operations
of government by
dividing power up
among branches, to
check each other (no
one branch had too
much power)
Structure of Constitution:
Examples of C&B
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Congress makes law ...
. . . But president can veto!
President declares
war...
. . . But Congress must
approve AND fund!
President enters into
treaty…
. . . But Senate ratifies!
President names federal
judge...
. . . But Senate “advises and
consents” to choice!
Distribution of Powers in a Federal
System
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Express Powers = contained in Constitution
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Implied Powers = reasonably suggested within
Constitution
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Example: Congress’ power to create the Internal Revenue
Service (I, VIII, xviii)
Inherent Powers = belong to national government
because it is a sovereign nation
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Example: Congress’ power to tax (I, VIII)
Example: Central government’s power to enter into treaties,
control borders
What are Reserved Powers? Powers of the States – all
power that doesn’t go to central government as express,
implied, or inherent power
Federalist vs. Anti-Federalist
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Who were the Federalists?
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Believed in a strong
central (“Federal”)
government
Separation of power into
3 equal branches
No enumerated Bill of
Rights (listing rights is
dangerous…)
Led by George
Washington, John Adams,
Ben Franklin
Federalists vs. Anti-Federalists
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Who were the Anti-Federalists?
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Constitution gave too much power
to the central government
No bill of rights
Maintenance of an army during
peacetime
Congress was too strong
(necessary & proper)
Executive branch too strong
Led by Thomas Jefferson, James
Monroe, Patrick Henry
Federalist Papers (1787-88)
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With Constitution complete,
persuasion began . . .
Essays published in NYC
newspapers during debate to
ratify Constitution
Written by Hamilton (52), James
Madison (28), John Jay (5)
Essays outlined how the new
government would function
under the constitution, and why
this was best for the US
Ratification
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Constitution completed on September 17, 1787
Framers decided only 9 of 13 states needed to ratify
Date
State
Yes
No
Constitution
1 December 7, 1787
Upon 9th ratification,
elections set so
government could start
operations on March 4,
1789
Delaware
30
0
2 December 12, 1787 Pennsylvania
46
23
3 December 18, 1787 New Jersey
38
0
4 January 2, 1788
Georgia
26
0
5 January 9, 1788
Connecticut
128
40
6 February 6, 1788
Massachusetts
187 168
7 April 28, 1788
Maryland
8 May 23, 1788
9 June 21, 1788
63
11
South Carolina
149
73
New Hampshire
57
47
10 June 25, 1788
Virginia
89
79
11 July 26, 1788
New York
30
27
194
77
34
32
12 November 21, 1789 North Carolina
13 May 29, 1790
Rhode Island
Civil Liberties in Constitution
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Prohibited ex post facto
laws
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Prohibited bills of
attainder
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laws that punish acts that,
when committed, weren’t
criminal
Law that punishes person
who did not have a trial in
a court of law
Guaranteed habeus
corpus
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Protect against illegal
detention
Person must be told why
they are being held
Bill of Rights
 Federalists did not
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Signing the Constitution, 1787
include a list of rights of
citizens
This was Anti-Federalists’
best argument against
ratification
Several states demanded
a bill of rights as a
condition of ratification
(Mass., NH, VA, NY, NC)
Bill of Rights
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First Congress met in 1789
James Madison, a
Federalist, wrote the Bill of
Rights
Madison wrote 12
amendments; 11 were
ratified (first 10
amendments ratified by
1791; 27th Amendment,
limiting congressional pay
raises, ratified in 1992)
Copy of Bill of Rights
James Madison