Chapter 7 - Monmouth Regional High School

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Chapter 7, Section 1
Creating a Republic
The States Write Constitutions
• Constitution – a document that sets out the laws, principles, organization,
and processes of a government.
• States wrote a constitution for two very important reasons.
 1. It would spell out the rights of all citizens.
 2. It would limit the power of government.
• Virginia’s constitution included a bill of rights, or list of freedoms the
government promised to protect.
• Virginia’s Bill of Rights guaranteed:
 The freedom of religion
 Trial by Jury.
 Freedom of the Press.
The States Write Constitutions
• States divided power between an executive and legislative
branch.
• The legislatures were elected by the voters to pass laws.
• Every State but Pennsylvania had an executive to carry out or
enforce the laws.
• Under the state constitutions more people had the right to
vote than in colonial times.
The Right to Vote
 A citizen had to be white
 Only males could vote
 Must be over the age of 21
 Own a certain amount of property or pay a certain amount of
taxes.
 Some women could vote in New Jersey.
 In some states free African Americans who owned land could vote.
The Articles of Confederation
The Articles created a very loose alliance between the
13 States.
The Articles of Confederation
 The Continental Congress believed that the colonies needed
to be united by a national government.
 Some states were reluctant to give up power to a central
government.
 Few people saw themselves as a citizen of one nation, instead
they felt loyal to their own state.
 People feared replacing the “Tyranny” of British rule with
another strong government.
The First Continental Congress
 The Continental Congress
approved the first
American constitution in
1777.
 The Articles of
Confederation created a
very loose alliance among
the 13 colonies.
Limited Powers
 Each State had one vote under the Articles of Confederation.
 Congress could declare war, appoint military officers, and
coin money.
 Congress was also responsible for foreign affairs.
 Congress could pass laws, but nine states had to approve a
law before it could go into effect.
Limited Powers continued
 Congress could not regulate trade between states or foreign
countries.
 Could not tax ( to raise money, Congress had to ask the states for
it or borrow it).
 The Articles of Confederation had no President to execute laws.
 It was up to the States to enforce the laws passed by Congress.
 No court system to settle conflicts between states.
Dispute Over Western Lands
 Before the Articles of Confederation came into effect
Maryland refused to ratify the Articles unless Virginia and
other states ceded, or gave up their claims to the land west
of the Appalachian mountains.
 The states agreed to ceded their land except Virginia.
 Thomas Jefferson and other leading Virginians recognized the
need for a central government and persuaded state
lawmakers to give up Virginia’s land claims.
Weaknesses of the Confederation
 Conflicts between States:
 New Hampshire and New York both claimed Vermont, but the
Articles did not give Congress the power to resolve such conflicts.
 Money Problems:
 After the war, the United States owed millions of dollars to
individuals and nations.
 Under the Articles Congress did not have the power to tax.
 Congress had to ask the states for money, but they often refused.
Money Problems
 During the war, the Continental Congress solved the
problem of raising money by printing paper currency, or
money.
 The Continental dollar had little value because it was not
backed by silver or gold.
 As the Continental dollar because useless states began
printing their own money, which caused great confusion.
 States refused to accept other states money.
 Trading became difficult.
The Currency of New Jersey
Other Nations Take Advantage
 Ignoring the Treaty of
Paris, Britain refused to
remove troops from the
Ohio Valley.
 Spain closed its ports in
New Orleans to American
shipping.
Admitting New States
 Congress was however able to establish laws on how
territories would be governed and how they could become
states.
 Land Ordinance of 1785- set up a system for settling the
Northwest Territory.
 The land would be surveyed and divided into townships.
 Each Township would be divided into 36 sections of 1 square
mile each.
 Congress would sell sections to settlers for 640 a piece.
 One section in each town was set aside to support public
schools.
Admitting New States continued
 Northwest Ordinance of 1787:
 Set up a government for the Northwest territory
 Guaranteed basic rights to settlers,
 Outlawed slavery
It provided a way to admit new states to the Nation:
 One a territory had a population of 60,000 free settlers, it could ask
Congress to admit them as a new state.
 Each new state would have the same rights as all the other states.
 Ohio, Indiana, Illinois, Michigan, and Wisconsin were all formed from the
Northwest Territory.
A Call for Change
 The Northwest Ordinance was the greatest achievement the
Articles of Confederation had.
 However, the Articles were still unable to solve the nations
economic problems.
 After the Revolution, the nation suffered a Depression.
 A period when business activity slows, prices and wages fall,
and unemployment rises.
Farmers Revolt
 Farmers impacted the most from the war.
 Farmers borrowed money for land, animals, seeds, and tools.
 After the war, the demand for farm goods went down and as a
result farmers could no repay their loans.
 In Massachusetts, matters worsened and the state raised taxes.
 The courts seized the farms of those who could not pay back their
loans.
Shay’s Rebellion
 Daniel Shay, from
Massachusetts.
 Fought at Bunker Hill and
Saratoga.
 Organized an uprising in
1787.
 1,000 farmers attacked
court houses and prevented
the state from seizing
farms.
A Convention is Called
 After Shay’s Rebellion, Americans realized that the Articles of
Confederation were not working.
 Leaders from several states called for a convention to revise
the Articles of Confederation.
 They met in Philadelphia in May 1787.
 In the end this convention would create an entirely new form
of government.
Chapter 7, Section 2
The Constitutional Convention
The Delegates to the Convention
 Constitutional Convention
 Opened on May 25, 1787.
 Its goal was to revise the Articles of
Confederation.
 Every state except Rhode Island
sent representatives.
An Amazing Assembly
 55 delegates met and of those 55 eight of them had signed
the Declaration of Independence.
 The oldest delegate there was 81 year old Benjamin Franklin.
 George Washington also attended the convention,
representing Virginia.
 He was so well respected the delegates elected him president
of the convention almost immediately.
An Amazing Assembly continued
 Half of the delegates were in their thirties including
Alexander Hamilton.
 During the war, he served as Washington’s secretary.
 Hamilton hated the Articles of Confederation.
 He believed the nation needed a strong central government.
Alexander Hamilton
James Madison
 36 years old from Virginia.
 His ideas on how to
structure government
influenced other delegates.
 Today he is known as the
“Father of the
Constitution.”
Two Rival Plans
 The delegates realized that
the Articles of
Confederation weren’t
working, so they came up
with an entirely new
constitution.
The Virginia Plan
 Edmund Randolph and James Madison proposed a new form
of government.
 It was called the Virginia Plan, which called for a strong
national government with three branches.
 The Legislative Branch – would pass laws.
 The Executive Branch- would carry out the laws.
 The Judicial Branch- system of courts, would decide if laws
were carried out fairly.
The Virginia Plan continued
 The Legislature consists of two houses.
 Seats would be awarded based on population.
 As a result, in both houses, larger states would have more
representatives than smaller ones.
 Under the Articles of Confederation, each state, regardless of
population got on vote in Congress.
The New Jersey Plan
 Small states opposed the Virginia Plan because they believed
large states could out vote them in Congress.
 After serious debate, William Patterson of New Jersey came
up with a plan for the smaller states.
 The New Jersey Plan – called for three branches of
government, Each state regardless of population would
receive one vote
William Paterson
 William Paterson
 The New Jersey Plan
The Great Compromise
 Roger Sherman.
 From Connecticut.
 Came up with the Great
Compromise
The Great Compromise
 Compromise- a settlement in which each side gives up
some of its demands in order to reach an agreement.
 Sherman’s plan called for the creation of a two house
legislature.
 House of Representatives (Lower House)
 Members would be elected by popular vote.
 Seats would be awarded in the lower house based on
population.
The Great Compromise
 The Senate ( Upper House):
 Members would be chosen by state legislatures
 Each State no matter the size would have two senators.
 This part of Sherman’s compromise appealed to the smaller
states.
 On July 16, the delegates approved Sherman’s plan.
It was known as The Great Compromise.
Northern and Southern States Compromise
 The debate between large and small states had ended but a
new controversy emerged between Northern and Southern
states, slavery.
 The two biggest questions regarding slavery would be:
 Would slaves be counted as a part of a state’s population?
 Would the slave trade continue?
The Three-Fifths Compromise
 Southerner's wanted slaves to be counted in the population
yet slaves were not allowed to vote.
 If slaves were counted, southern states would have more
representatives in the House of Representatives.
 Northerner’s believed since they could not vote, they should
not be counted when assigning representatives.
The Three-Fifths Compromise
 Delegates came to another
compromise:
 three-fifths of the slaves in
each state would be
counted.
 For example of a state had
5,000 slaves only 3,000
would be counted.
 This was known as the
Great Compromise.
The Slave Trade
 By 1787 some northern states had banned the slave trade
within their borders.
 Delegates from these states wanted to banned slavery all
together.
 Delegates from the south stated that ending slavery would
ruin their economy.
The Slave Trade continued
 Northern and Southern states came up with another
compromise.
 Congress could not outlaw slavery for 20 years.
 After 20 years congress could regulate the slave trade if they
wished.
 Northerners agreed that no state could stop a fugitive slave
from being returned to an owner who claimed that slave.
Signing the Constitution
 The Constitution was signed on September 17, 1787.
 Delegates lined up one by one to sign the constitution.
 All except three delegates signed the constitution.
 1. Edmund Randolph
 2. George Mason
 3. Elbridge Gerry
*They feared that the new constitution gave to much power to the national
government.
 Each state had to have a convention to either approve or reject the Constitution.
 Once nine states approved the constitution it would go into effect!
Compare and Contrast
Chapter 7, Section 3
Ideas Behind the Constitution
Setting the Scene
 Thomas Jefferson did not attend the Constitutional
Convention because he was in Paris, France.
 Today, we refer to these men such as Madison, Jefferson, and
the other leaders who laid the groundwork of the United
States as the Founding Fathers.
 Although creating a new form of government for their nation
was a bold experiment, they did not invent a government
from scratch.
The Lessons of Rome’s Republic
 John Adams asked Americans to investigate on how
governments worked.
 The Constitutional Convention wanted to create a
republic, a government in which citizens rule themselves
through elected representatives.
 In order to create a lasting government, American leaders
looked at the ancient Rome.
The Roman Example
 Independence and Public
service were virtues the
Founding Fathers saw in
the citizens of Rome.
 Romans were willing to
serve in office, not for
money, but because they
were devoted to their
republic.
The Roman Warning
 The Founding Fathers saw the collapse of the Roman Empire
as a warning.
 No republic could survive unless its citizens remained
independent and devoted to public service.
 Under Ceaser Augustus, Rome eventually became a
dictatorship, a government in which one person or a small
group hold complete authority.
I.Freedom of Speech, Press, Religion and Petition
II.Right to keep and bear arms
III.Conditions for quarters of soldiers
IV.Right of search and seizure regulated
V.Provisions concerning prosecution
VI.Right to a speedy trial, witnesses, etc.
VII.Right to a trial by jury
VIII.Excessive bail, cruel punishment
IX.Rule of construction of Constitution
X.Rights of the States under Constitution
Magna Carta
 Despite their quarrel with Great Britain, the Founding
Fathers called British traditions of freedom as well.
 King John of England signed the Magna Carta in 1215.
 The Magana Carta contained two basic ideas.
 1. Made it clear that English monarchs themselves had to obey
the law.
 2. Nobles had certain rights- rights that were later extended to
other classes of people as well
The English Bill of Rights
 In 1689, the English Bill of Rights, went even further in
protecting the rights of citizens.
 Stated that parliamentary elections should be held regularly.
 It upheld the right to trial by jury and allowed citizens to
bear arms.
 It affirmed the right of habeas corpus, no person could be
held in prison without first being charged with a specific
crime.
A Constitutional Tradition
 The Mayflower Compact,
written in 1620, was the
first document of selfgovernment in North
America.
 Each of the 13 colonies
wrote their own charter
granted by the monarch or
Parliament.
The Revolutionary Era
 The Declaration of Independence accused the King of
placing military power above civilian authority and protested
that the king had made judges “dependent on his will alone.
 The Constitution did two things to prevent this from
happening.
 1.The Constitution made the elected President “Commander
and Chief of the Army and Navy.
 The Constitution set up a court system independent of
President Legislature.
Teachings of the Enlightenment
 Enlightenment thinkers believed that people could improve
society through the use of reason.
 English writer, John Locke published the Two Treatises of
Government in 1960.
 Two important ideas came from Locke’s work.
1.All people had natural rights to life, liberty, and
property.
2. Government is an agreement between the ruler and
the ruled.
John Locke
 English Philosopher.
 He believed a ruler must
enforce the laws and
protect the people.
 If a ruler violates the
peoples natural rights, the
people have the right to
rebel.
Baron de Montesquieu (MOHN tehs kyoo)
 Author of The Spirit of Laws in 1784 stressed the importance
of rule of law. That governments should be clearly defined
and divided up.
 Separation of Powers was designed to any person or
group form gaining too much power. He suggested a three
branch form of government.
John Adams, Out with old, in with the new
 When John Adams heard the news that the Constitution had
passed he wrote, “As we say at sea, huzza for the new world
and farewell to the old one!”
 He called the Constitution “the greatest single effort of
national deliberation that the world has ever seen.”
Ratification and The Bill of Rights
Chapter 7, Section 4
The Ratification
The
Constitution is
now signed, but
the states have to
approve the
document to be
ratified.
In order to ratify
the Constitution
9 of the 13 states
had to approve
it.
Federalist vs. Antifederalist
The Federalist
The Antifederalist
The Debate
Federalist
Antifederalist
 Supporters of the
 Felt the Constitution gave
Constitution
 Strong government,
 Articles of Confederation
left too much power is
states hands
 The new Constitution gave
the Federal government
power it needed to be
effective.
too much power to the
federal government
 States should retain more
power
 The Office of President
was too strong.
 Washington OK, but who
after?
The Federalist Papers
The Federalist Papers were a series of essays written by
James Madison, Alexander Hamilton, and John Jay. Their
purpose was to defend the Constitution. They used pen names,
often of Roman names, but everyone knew who they were.
Key Issue: Need for a Bill of Rights
The chief issue of
the Antifederalist
was that the
Constitution had no
Bill of Rights.
The argued that a
Bill of Rights
protected such basic
liberties as freedom
of speech and
religion.
Federalist believed
the Constitution
provided this
enough.
George Mason, VA
The author of the
Virginia Bill of
Rights, Mason was
the strongest
supporter of a Bill of
Rights. He joined
the Antifederalist.
Federalist believed it
was impossible to
list all natural rights
of people, and that
the Constitution
provided enough
protection.
States Vote to Ratify
DE, PA, and NJ all
signed almost
immediately with
GA, CT not far
behind.
MA was a
battleground state.
The leaders of MA
were in no rush, and
wanted a Bill of
Rights to be
included.
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Delaware - December 7, 1787
Pennsylvania - December 12, 1787
New Jersey - December 18, 1787
Georgia - January 2, 1788
Connecticut - January 9, 1788
Massachusetts - February 6, 1788
Maryland - April 28, 1788
South Carolina - May 23, 1788
New Hampshire - June 21, 1788
Virginia - June 25, 1788
New York - July 26, 1788
North Carolina - November 21, 1789
Rhode Island - May 29, 1790
Holding Back Support
These men were
insistent that a Bill
of Rights be added
before MA could
ratify the
Constitution.
One delegate was
quoted as saying,
“Some gentlemen
say, don’t be in a
hurry… don’t take a
leap into the dark.”
 Samuel Adams
John Hancock
The Last Holdouts
 After Massachusetts ratified as the 6th state to do so, three
more were need to complete the ratification process.
 New Hampshire would become the 9th state to approve and
give the states needed to Ratify. However, the holdouts of
New York and Virginia worried the nation about the unity.
 In VA, Patrick Henry, George Mason, and Edmund Randolph
were the holdouts, but when Gov. Randolph changed his
mind Virginia voted yes. The Federalist had promised to add
a Bill of Rights. New York would join a month later.
The Nation Celebrates
Throughout the land celebrations were being planned for the Ratification of the Constitution.
Philadelphia planned a large scale celebration for July 4th, 1788.
First Election Under the New
Constitution
As expected,
George Washington
was elected
President and John
Adams VP.
The First Congress
met in NYC, the
first capital of the
US, and quickly
turned its attention
to adding a Bill of
Rights to the
Constitution.
Proposed an Ratified
The Framers of the
Constitution
established a way to
amend, or change,
the Constitution.
They did not want
people to do in
lightly , therefore
they made the
process difficult to
do.
In 1789 congress
proposed 12
amendments, in
1791 3/4ths of the
states ratified 10 of
the 12.
James Madison
Madison insisted that the Bill of Rights does not give Americans any rights. The rights listed, he
said, are natural rights that belong to all human beings.
Bill of Rights cont.
 Many of the 10 amendments in the Bill of Rights were
intended to prevent the kind of abuse Americans had suffered
under English rule.
 Quartering troops
 Trial with no jury- both Amendments 6&7 protect trial by jury
 Other amendments protected individual rights.
 Most notably freedom of Religion. The Virginia Statute of Religious
Freedom, 1786 states, “No man shall be compelled to frequent or support
any religious worship…or otherwise suffer, on account of his religious
opinions of beliefs.” Religious freedoms became the very first listed in the
First Amendment.
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