UNIT 2 NOTES THE CONSTITUTION State Claims to Western Lands WESTERN EXPANSION Westward expansion continued during and after the Revolutionary War During the Revolutionary War states and Congress had recruited soldiers with promises of land They needed Indian lands to fulfill those pledges Secessionists movements arose in the 1780s when neither Congress or state governments were able to solve western problems Northwest Territory USA ■Grid system was created by Thomas Jefferson… ■Structured and organized policy Northwest Territory land ■Allowed for a peaceful purchase of land. ■Promoted an orderly expansion westward.. ■Confederation Congress convinced states who claimed land out west to cede their land to the US Govt. ■US Govt. was to come up with a fair and reasonable land policy…..Unlike the Proclamation of 1763…. An addition to the Land Ordinance of 1785 Northwest Territory Congress sold land in large blocks, 40, 80, 160, 320 and 640 acres. $1 to 2$ an acre to help pay debt. Encouraged settlers to form townships. New states formed would be = to original 13 Influx of settlers causes violence with Indians Guaranteed settlers “unalienable rights” Ohio 1ST STEP 2nd STEP 3rd STEP WHEN PEOPLE FIRST SETTLE IN THE AREA: 5,000 FREE ADULT MALES: 60,000 SETTLERS: Congress appoints a governor and three judges to govern the territory Landowners elect a congress to make laws and raise taxes with approval of governor. 1 representative is elected to the US Congress who can debate but not vote. Becomes a state, with its own government and constitution. New states admitted with same rights as the original states. No more than 5 states can carved out of this area. The Northwest Ordinance encouraged ideals of the DOI and republicanism (representative democracy) religious freedom, protection of liberty and property, encouraged education, admitted new states and no slavery. EARLY GOVERNMENT The new challenge became – could the new country create a unified national government? Congress was only a loose collection of delegates from 13 separate colonies Many thought of the Congress only as a wartime necessity Most Americans thought of themselves as citizens of states and not a nation •Our first constitution (law of the land) and attempt to create a democratic government based on the ideas of DOI . •Written by 2nd Continental Congress during War and took effect in March 1781… Becomes the Confederation Congress A/C CHART Confederation Government govt. of loosely organized states Each state independent and conducted their own affairs Created a weak national govt. which had little powers to solve US problems Would unite in times of crisis. “Treaty of Cooperation between the states” Major Problem Could not tax, regulate trade or enforce its laws because the states held more power than the National Government. Why? Feared a government like King George THE TROUBLED 1780s THE DIFFICULT 1780’S The economy was in the tank and failed to rebound Personal, debt, and national debt were serious Out of this rose the demand to replace or fix the Articles of Confederation DEBT IS A SERIOUS PROBLEM Americans were still heavily dependent on British goods Private debt became a problem states debt could not address due to their own steep Farmers faced with the loss of crops livestock and their farms looked to state governments for relief instead states passed heavier taxes Foreign Debt $11,710,000 State Debt We owed France, Spain and other countries who helped us with the Revolutionary War. Individual states owed citizens who loaned money to their state. $21,500,000 Federal Domestic Debt $42,414,000 $80 Million US Govt. owed soldier’s for fighting in the war, debts to British and Loyalists. WHO ARE NATIONALISTS? NATIONALISTS By the 1780’s a group called the nationalists wanted to strengthen the national government They felt a weak national government would create chaos Feared that the U.S. would not command respect from the rest of the world However, most Americans felt it was better to have disorder and mistakes than be under the rule of tyrants SOLUTIONS THE ANNAPOLIS CONVENTION In 1786, Nationalists held a convention to discuss economic problems Convention held in Annapolis, Maryland The goal was to develop a federal plan for regulating interstate and foreign trade Only 12 delegates showed by they came to one important decision They decided to organize another convention in Philadelphia in 1787 THINGS CHANGE Before the next convention could take place an important event occurred that would boost support for the Nationalists cause SHAYS Daniel Shays 1785 to 1787, unfair taxes, debt and foreclosure Farmer’s rebellion to overthrow Mass. Govt. In early 1787 a group of small farmers protested against the Massachusetts govt. Why? They were in debt, their homes being repossessed and unfair taxation. They were led by Daniel Shays, a former army captain in the Revolutionary War. The purpose of the rebellion was to prevent foreclosures by keeping the courts from sitting until the next election. Shay’s Rebellion was put down by private army paid for by wealthy merchants from Boston led by Benjamin Lincoln The AOC was unable to put down the rebellion with a national guard or army. EFFECTS OF THE REBELLION The event converts many into nationalists who had until then opposed strengthening the central government It demonstrated to American leaders that steps had to be taken to strengthen the national government The convention in Philadelphia in 1787 was well attended by 12 states (R.I.) •The Constitutional Convention was a large meeting held in Philadelphia, Pennsylvania at Independence Hall from May of 1787 to Sept. to 1787 where 55 delegates representing their states. •They came to revise, change or throw out the AOC and write a new Constitution. Issues of representative government would be argued at Constitutional Convention Virginia Plan proposed by the larger states Establish a bicameral Congress. People elect 1 house That house elects 2nd house Representation in both houses based on state population New Jersey plan proposed by small states Establish a unicameral Congress Each state to have 1 vote Equal representation States equally represented similar to the Articles of Confederation THE GREAT COMPROMISE Great Compromise (Roger Sherman) The legislative branch would have 2 houses of Congress In the Senate each state, regardless of size, would have 2 representatives In the House of Representatives, the number of seats would be determined by state population Compromise approved in July 16, 1787 •2nd major argument between the delegates was how to create an executive (president) which didn’t resemble King George III •How would they be chosen? Created an Electoral College •Placed a “check and balance” on the people’s vote but tried to keep “representative democracy” in principle. Historical Background 1. Why was the Electoral College created by the Framers? Created as an alternative to either popular election or Congress electing the President. Each state chose electors---based on the number of representatives each states has in Congress. 2. Electoral vote was state to state---One vote per candidate. Electors vote with the “will” of the people from the state they represented……….but not required. Candidate with the most votes became President; runner-up became Vice President. 3. In case of a tie, the House of Representatives elected the President. THE ELECTORAL COLLEGE http://www.youtube.com/watch?v=ej4T_y4ov_ k&list=PL50p5uqvRz3YfhU1GclVxq9e_EDJowq 28&index=17&feature=plpp_video •4th major argument between the delegates was over slavery. •Southern states wanted their slaves to be counted as part of their population because it would give them more representation in Congress. •Northern states wanted to abolish slavery •Southern States would have left the Constitutional Convention if there was an attempt to abolish slavery. •Northern states agreed to the 3/5’s Compromise only if the South abolished the Slave Trade by 1807 and agreed to NW Ordinance •Agreement was made….North was hoping slavery would eventually fade away and die out . •This was their step towards Georgia’s Population White = 300,000 Slaves = 100,000 3/5’s of 100,000 3/5’s of 100,000 = 60,000 300,000 + 60,000 = Total Population = 360,000 which would be counted towards representation in Congress. APPROVAL After further debate, the convention approved the final draft of the United States Constitution on September 17, 1787. RATIFICATION Each state would call a special convention to approve it Would go into effect as soon as 9/13 states accepted it This was key to success of the union, create a popularly sovereign government that was legal with all states agreeing to it Main supporters of the Constitution were called Federalists – would have to use persuasion, not force to win approval Federalists A strong national govt over the states was needed to protect “life, liberty, property and the pursuit of happiness” Constitution was a “sound” document which “limited” the power of the national govt. •George Washington • Ben Franklin, •John Adams, Gave it power to settle problems within •James Madison Appealed to more the wealthy, business •Alexander Hamilton the country. owners and educated. Anti-Federalists The national govt was too powerful and it would take away your right to “life, liberty, property and the pursuit of happiness” •Patrick Henry The constitution was a threat to the “rights” we fought for in the Revolution •Thomas Jefferson States” should have more authority than •Sam Adams the national govt. Feared representative democracy was threatened because our rights were not protected. Appealed to the common man, farmers and less educated The Federalist Papers •The Federalist Papers were a series of 85 essays written by Alexander Hamilton, James Madison and John Jay which supported the Constitution and convinced Americans that a stronger national government was needed. •Most comprehensive body of political thought produced by the revolutionary generation •Madison argued a large republic is far more stable than a small one •small factions could gain power and trample rights, constant scramble for power •Constitution forbids hereditary rule •Supported the Constitution and a strong central government FEDERALIST PAPERS http://www.youtube.com/watch?v=oBBhfTabIC I&list=PL50p5uqvRz3YfhU1GclVxq9e_EDJowq2 8&index=16&feature=plpp_video WHY THE FEDERALISTS WON The Federalists had several advantages over the anti-Federalists. These included: (1) The Federalists drew on the widespread feeling that the Articles of Confederation had serious flaws. (2) The Federalists were a united, wellorganized national group, while the anti-Federalists tended to consist of local politicians who did not coordinate their activities on a national level. (3) The Federalists had an actual document and plan which they could defend. The antiFederalists had no constructive plan of their own to offer. (4) The Federalists had the support of George Washington, a respected Revolutionary War hero. Delaware, New Jersey, and Connecticut quickly ratified the Constitution. In June 1788, New Hampshire became the ninth and final state needed to ratify the Constitution. For the Constitution to become law 9 of 13 states had to ratify it. Shown below is the ratification process: 1. Delaware 30 – 0 2. Pennsylvania 46 – 23 3. New Jersey 38 – 0 4. Georgia 26 – 0 5. Connecticut 128 – 40 6. Massachusetts 187–168 7. Maryland 63 – 11 8. South Carolina 149 – 73 9. New Hampshire 57 – 47 10. Virginia 89 – 79 11. New York 30 – 27 12. North Carolina 194 – 77 13. Rhode Island 34 - 22 FEDERALISM http://www.youtube.com/watch?v=uH40aAy1A sg&list=PL50p5uqvRz3YfhU1GclVxq9e_EDJow q28&index=11&feature=plpp_video Delegated Powers given to national govt Expressed Implied Power to tax Make treaties Coin money Establish Post Offices Raise a military Declare war Admit new states Interstate highways Fund NASA Regulate naturalization Recognize new countries Copyright/Patents DIV OF POWERS Concurrent Powers shared by all 3 levels Make/enforce laws Maintain courts Collect taxes Borrow money Charter banks Protect welfare of people Call out the militia Reserved Powers given only to the states Provide for education Establish local govts Protect public safety Build state highways Raise a state militia Issue licenses Incorporate businesses Regulate trade in state Set speed limit Create counties/cities Decide death penalty Marriage definition First 10 Amendments to the Constitution in 1791 Rights and freedoms won in the Revolution are preserved and protected… 1. 2. 3. 4. 5. FREEDOM of Religion, Press, Speech, Assembly, Petition RIGHT TO KEEP AND BEAR ARMS No QUARTERING of soldiers in peacetime NO UNREASONABLE SEARCH and SEIZURE PROTECTION of ACCUSED 6. 7. 8. 9. 10. RIGHT TO A SPEEDY, PUBLIC TRIAL BY JURY TRIAL BY JURY IN CIVIL SUITS NO EXCESSIVE FINES or CRUEL PUNISHMENT POWERS RESERVED TO THE PEOPLE POWERS RESERVED TO THE STATES BILL OF RIGHTS AND AMENDMENT 27 http://www.youtube.com/watch?v=5EN2g9vchU