A New Government
New Government
The United States had won the war and
now the states needed to make a central
government.
New Government
The leaders of the new nation had questions
and problems to solve.
– What kind of government to make?
– How would it be set up?
– Where would power be located? The states
or the central government?
New Government
John Dickinson from Delaware had 2 rules which
became the guiding principles for leaders in
the Continental Congress.
1. To keep separate personal interests in
favor of the new nation
2. To go with public opinion, even if it is
different from their own
John Dickinson
Problems
1. Relationship between the states and the
national government
– Each state was a distinct and self-governing
– Challenge to develop a system that balanced the
states with the nation
Problems
What is a “good” republic?
– All agreed that a democracy placed too
much power in the hands of the people- the
uneducated masses
– But what kind of republic to have?
• Only can succeed if people put the
government above their personal interests
• Adam Smith- benefit from self-interest
–Pursue own economic and political
goals
Problems
2. How to put republicanism into the government
– Emphasized liberty rather than equality
– A fear of centralized government
– Similarities
• Limited the powers of government leaders
• Guaranteed rights for citizens
–Speech, religion, and press
– Differences
• Who can vote–property or no property
–women in New Jersey
Problems
3. No model- there were no other governments
like this in history to study
Continental Congress
I. Draft constitution for the states as a whole
– There was disagreement over role of
government
– Three basic questions to answer
1. Representation by population or by
state
• They agreed by state- 1 vote
regardless of population
Continental Congress
2. Supreme Power- how to divide it?
–Articles of Confederation- two levels
of government share powers
• States are supreme in some
matters, national in other
Continental Congress
2. Supreme Power- how to divide it
– Articles of Confederation- two levels of
government share powers
• Gave national government power to:
– declare war
– make peace and sign treaties
– borrow money
– set standards for coins, weights and
measures
– est. a postal service
– deal with Native Americans
Continental Congress
3. Western Lands
–Delayed ratification until March 1781
–Some states claimed lands west of the
Appalachian Mountains.
–Maryland worried these states would
overpower smaller states
–All states gave up western claims to
National government
Articles of Confederation
–How to govern the western lands
• Land ordinance of 1785- plan to
survey the land
• Northwest Ordinance of 1787–procedure to divide land into
territories
Articles of Confederation
• How to govern the western lands
– Northwest Ordinance of 1787–requirement for admission of new states
»Congress would appoint a territorial
governor and judges
»When there were 5,000 voting residents
temporary constitution could be made
and the people could elect own their
government
»When total population reached 60,000
free inhabitants they could write a state
constitution to be approved by Congress
Problems with the Articles of
Confederation
A. No national unity- each state pursued own
interests
B. Differences in population among the states
C. Congress could not regulate interstate of
foreign trade
D. Needed 2/3 majority to pass any law- 9 out
of 13
E. Amending the confederation- had to have
every state consent
Problems with the Articles of
Confederation
F. No executive branch to enforce the laws of
Congress
G. No national court system to interpret laws or
settle legal disputes
H. No power to tax- huge debt from war and no way
to pay it
- Wanted to put a tariff on imported goodsRhode Island voted no
I. Foreign relations problems- problems with Spain
and Britain
• ..\Videos\Articles of Confederation
(Celebration Parody Song) @MrBettsClass.mp4
The End of the Articles
Shay’s Rebellion- demanded that courts be
closed to stop farmers losing farms to creditors
– Sept. 1786- army led to close the courts the
militia was called in 4 rebels were killed
– Caused panic in nation
– Made delegates from every state come to
meeting in Philadelphia to revise Articles of
Confederation
Facts about the Articles of
Confederation
• No separate
•
executive
• Land Ordinance
of 1785
•
• One vote per
state in Congress
• No federal
•
courts
• Boundary
disputes
between states •
• Shays’ Rebellion
No regulation of • States taxed
interstate
each other’s
commerce
goods
No power by
• Inability to
national
protect settlers
government to
from Indian
tax
• Spain’s denial of
Northwest
right to use the
Ordinance of
port of New
1787
Orleans
No national
currency
Northwest Ordinance of 1787
One vote per state in Congress
Good vs Bad
No federal courts
Boundary disputes between states
Shays’ Rebellion
No regulation of interstate commerce
No power by national government to tax
No national currency
States taxed each other’s goods
Inability to protect settlers from Indians
Spain’s denial of right to use the port of New
Orleans
• ..\Videos\Articles of Confederation (Kelis's
Milkshake Parody) - @MrBettsClass.mp4
Constitutional Convention
• The Constitutional Convention was held
between May and September, 1787.
• It included 55 delegates from all states
except RHODE ISLAND.
• They were sent by their states to revise the
ARTICLES OF CONFEDERATION
I. Delegate Characteristics
• EXPERINCED IN STATE AND NATIONAL
GOVERNMENT --many had written their
states’ constitutions.
• Many had fought in the REVOLUTION
• Most were WEALTHY
• Most were well –EDUCATED
I. Delegate Characteristics
• The average age was 42 – they were
young.
• Those NOT present included Thomas
JEFFERSON Patrick HENRY, Sam
ADAMS, Thomas PAINE, and John
ADAMS
Early Agreements
• The proceedings would be held in SECRET.
• - The issues they were discussing were
CONTROVERSIAL They didn’t want to be
held to a publicly stated opinion if they
needed to COMPROMISE later.
• They agreed that George WASHINGTON
would chair the convention.
Early Agreements
• They agreed they would write a new
CONSTITUTION rather than revise the Articles.
• They decided each STATE would have one vote in
the convention and agreements would need only
a simple MAJORITY to pass.
• They agreed on a SEPERATION of powers, a
REPUBLICAN form of government and a federal
sharing of powers between the states and
NATIONAL government
III. The Virginia Plan
• James MADISON wisely chose to prepare a
plan for the new government LONG before
the convention began.
• His plan, The Virginia Plan became the basis
for the DEBATES.
IV. The New Jersey Plan
The SMALL states felt they would be
overwhelmed by the LARGER states under the
Virginia Plan. They proposed a different plan.
• The New Jersey Plan had 3 branches.
a. LEGISLATIVE-- ONE house legislature,
each state with an EQUAL number of votes.
B. EXECUTIVE-- COMMITTEE, chosen by
Congress.
C. JUDICIAL--Court system with judges
chosen by CONGRESS.
The Great Compromise
The GREAT COMPROMISE--Roger Sherman of
CONNECTICUT proposed a compromise
between the two plans as it related to the
CONGRESS.
The Great Compromise
• Two House legislature –
House of Representatives (435)
–elected by the PEOPLE
–number of delegates determined by
POPULATION
–serve 2 year term
–all spending bills must pass House of
Representatives first
Senate
–elected by state legislature
–2 per state (EQUAL)
–APPROVE treaties and appointments made
by the President
VI. The 3/5 Compromise
Since the number of representatives each state got was
to be determined by population, the question arose
of whether the SOUTH would be allowed to count
SLAVES as part of their population.
• The South wanted:
- Slaves to be counted when determining number
of REPRESENTATIVES
-Slaves not counted when determining the
amount of TAX each state would have to pay.
VI. The 3/5 Compromise
The compromise: Slaves would count as
3/5 a person for both taxation and
representation
VII. The Commerce Compromise
• Tariffs (TAX) – IMPORT/EXPORT
• The South wanted no tariffs on EXPORTS
and IMPORTS.
• The North wanted a tariff on IMPORTS to
protect their manufacturers from
FOREIGN competition.
VII. The Commerce Compromise
• The compromise: No tariffs on EXPORTS.
A tariff on IMPORTS.
• SLAVES would be allowed to be imported
until 1808, with no more than a $10 per
slave tariff.
VIII Presidential Election
Some delegates wanted the President to be
selected by CONGRESS, other wanted the
selection to be made by the STATE
legislatures, and the most democratic
wanted the President to be elected directly
by the PEOPLE.
VIII Presidential Election
1. The compromise: The President would be
elected by and ELECTORAL COLLEGE, where
each state would have a number of electors
equal the number of SENATORS plus the
number of REPRESENTATIVES that state
would have in Congress.
2. The President would serve a 4year term,
with NO LIMIT on the number of terms.
• We the People of the United States, in Order to
form a more perfect Union, establish Justice,
insure domestic tranquility, provide for the
common defense, promote the general
Welfare, and secure the Blessings of Liberty to
ourselves and our Posterity, do ordain and
establish this Constitution for the United States
of America.
•
• ..\Videos\The Preamble to the U.S.
Constutution.mp4
Ratification
• Each state would hold a special convention
where voters would elect the delegates to
the convention to accept of reject the
Constitution
–This bypassed the state legislatures who
probably would have opposed it because
it reduced the power of the states
• Ratification required 9 states
• Allowed framers to campaign for support
of ratification
To Support?
• Federalists were supporters of the
Constitution
–Supported balance of power
• Anti-federalists were against a strong
national government
Federalists
Federalists
• Believed checks and balances and division
of powers would protect from tyranny
• Included George Washington, James
Madison, and Alexander Hamilton
• Had support from urban areas
Anti-Federalists
Anti-Federalist
• Showed long list of abuses by central
governments, ignore majority
• Lack of protection for individual rights
• Patrick Henry, Samuel Adams, and
Richard Henry Lee
• Support from rural areas- tax burden
Federalist Paper
Federalist Papers
• Public debate in a series of 85 essays
defending the Constitution 17871788
• Written under Publius believed to be
Hamilton, Madison and John Jay
• They explained the Constitution
Bill of Rights
People wanted a Bill of Rights
• Jefferson saw the lack of one as a
drawback to the Constitution
• Federalists gave in and added it if
states promised to ratify the
Constitution
Bill of Rights
The Bill of Rights were the first ten
amendments to the Constitution
• ..\Videos\Bill of Rights (I'm Gonna Be (500
Miles) Parody) - @MrBettsClass.mp4
• The Bill of Rights (1st 10 Amendments to the
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Constitution)
Amendment 1
Congress shall make no law respecting an
establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people
peaceably to assemble, and to petition the
government for a redress of grievances.
Amendment 2
A well regulated militia, being necessary to the
security of a free state, the right of the people to
keep and bear arms, shall not be infringed.
• The Bill of Rights (1st 10 Amendments to the
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Constitution)
Amendment 3
No soldier shall, in time of peace be quartered in any
house, without the consent of the owner, nor in time
of war, but in a manner to be prescribed by law.
Amendment 4
The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no
warrants shall issue, but upon probable cause,
supported by oath or affirmation, and particularly
describing the place to be searched, and the persons
or things to be seized.
• The Bill of Rights (1st 10 Amendments to the Constitution)
• Amendment 5
• No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of a grand
jury, except in cases arising in the land or naval forces, or in the
militia, when in actual service in time of war or public danger; nor
shall any person be subject for the same offense to be twice put in
jeopardy of life or limb; nor shall be compelled in any criminal case
to be a witness against himself, nor be deprived of life, liberty, or
property, without due process of law; nor shall private property be
taken for public use, without just compensation.
• Amendment 6
• In all criminal prosecutions, the accused shall enjoy the right to a
speedy and public trial, by an impartial jury of the state and district
wherein the crime shall have been committed, which district shall
have been previously ascertained by law, and to be informed of the
nature and cause of the accusation; to be confronted with the
witnesses against him; to have compulsory process for obtaining
witnesses in his favor, and to have the assistance of counsel for his
defense.
• The Bill of Rights (1st 10 Amendments to the
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Constitution)
Amendment 7
In suits at common law, where the value in
controversy shall exceed twenty dollars, the right
of trial by jury shall be preserved, and no fact
tried by a jury, shall be otherwise reexamined in
any court of the United States, than according to
the rules of the common law.
Amendment 8
Excessive bail shall not be required, nor excessive
fines imposed, nor cruel and unusual
punishments inflicted.
• The Bill of Rights (1st 10 Amendments to the
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Constitution)
Amendment 9
The enumeration in the Constitution, of
certain rights, shall not be construed to deny
or disparage others retained by the people.
Amendment 10
The powers not delegated to the United
States by the Constitution, nor prohibited by
it to the states, are reserved to the states
respectively, or to the people.
Ratification
Ratification
• Delaware 1st in 1787 New Hampshire in
1788 was 9th and filled the requirement
• Virginia and New York had not voted and
government needed their support
–They were large and powerful
Ratification
Ratification
Rhode Island was the last to ratify in 1790-
 one year after new government
was instituted
NO Confusion!!
• ..\Videos\How NOT to Confuse the
Declaration, Articles, and Constitution @MrBettsClass.mp4
• ..\Videos\The Constitution, the Articles, and
Federalism Crash Course US History #8.mp4