Unit 3: Forming a New
Nation
Standards:
Standard 1: The student will demonstrate an understanding of the
conflicts between regional and national interests in the development
of democracy in the United States.
Indicator 1.4 – Analyze how dissatisfactions with the government
under the Articles of Confederation were addressed with the writing
of the Constitution of 1782, including the debates and compromises
reached at the Philadelphia Convention and the ratification of the
Constitution.
Indicator 1.5 - Explain how the fundamental principle of limited
government is protected by the Constitution and the Bill of Rights,
including democracy, republicanism, federalism, the separation of
powers, the systems of checks & balances, and individual rights.
Objectives & Main Idea
Objective: Describe the successes and failures of the
Articles of Confederation.
Main Idea: With independence achieved, the citizens of the new
United States were faced with the task of building a nation, of
creating laws without renewing tyranny, of representing the will
of the majority without trampling the rights of the minority, and
of proclaiming liberty without bringing down upon themselves
the curse of anarchy.
I. Articles of Confederation (The Basics):
A. What were they?
1. The first set of laws that America operated under from
1777 – 1789.
2. The Continental Congress provided the model for the
Articles of Confederation government (the
Confederation government).
Hey, what’s a
confederation?
A confederation
is a loose alliance
of the states!
B. Goal:
1. To protect the rights they had fought for during the
Revolutionary War.
2. Weak Central Government:
a.The American Revolution was fought to preserve the
rights of their colonial assemblies; therefore the new
states believed sovereignty rested in their state
governments.
i. Thus developed a confederation of the 13 states to
unite to fight the war.
b. Authority rested in the states, not in the central
government.
II. Successes of the Articles of Confederation:
A. American Revolution:
1. The confederation form of government under the Second
Continental Congress proved effective during the American
Revolution when the states had a common cause.
2. The Confederation government was satisfactory at the
state level as states wrote new constitutions and
passed laws that met their needs.
B. Treaty of Paris:
1. The Confederation government was effective in
negotiating the Treaty of Paris to end the Revolutionary
War.
C. The Northwest Ordinance:
1. What were they?
a.Were laws that established a method for distribution
of the national domain.
b. Set the precedent for the creation of new states.
Many historians view the Northwest Ordinance
as the most important piece of legislation to
come out of this period. The Ordinance
provided a method for admitting new states.
The territory includes the present-day states of
Ohio, Indiana, Michigan, Illinois, Wisconsin,
and part of Minnesota.
2. Origins:
a. The controversy between large (New York and Virginia) and small
states (Maryland) over land claims in the west was resolved with the
ceding of state claims to the Confederation government and the
creation of the national domain.
b. Declared slavery illegal in the old Northwest Territory
i. This was the first effort by the national
government to prohibit slavery in the territories.
3. The passing of the Northwest Ordinance was one of the first
acts of the First Congress under the new Constitution of 1787.
a. Thus the system of creating new states on an equal footing with the
original states is recognized as an achievement of the Confederation
government.
III. Failure of the Articles of Confederation:
A. Origins of the Problem:
1. After the Revolutionary War ended in 1781 and their
common cause ended, Americans found that the
Confederation government was too weak to meet the
growing needs of the new nation.
2. The effectiveness of the new Confederation
government was almost immediately called into
question when its ratification was delayed by
competing state interests.
3. Interruption of trade with Great Britain, the colonies
principle trading partner, had led to a depression and
challenges to the Confederation government.
B. Shay’s Rebellion:
1. Some Americans found it increasingly difficult to pay
their mortgages and state taxes.
2. Massachusetts farmers who were losing their farms
because of tax debt; marched to close the local courts
and prevent foreclosure proceedings on their farms.
3. The march turned violent and without the ability to
pay an army the national government had no way to
respond to the crisis.
a.The rebellion was barely stopped.
4. This unrest frightened many of the elite and prompted their
support for a stronger national government that could
preserve the peace.
5. A convention was called together in Philadelphia, to
draw up a law of the land that would address the problems
with the Articles of Confederation.
Shay’s Rebellion led many to believe that there
needed to be a stronger central government in
the United States and ultimately led to the
creation of The Constitution of the United
States of America.
Checking for Understanding:
Checking for Understanding:
1. What was America’s first form of federal
government called?
2. Why was a weak central government established?
3. What treaty ended the Revolutionary War?
4. What was the significance of the Northwest
Ordinance?
5. What was the significance of Shay’s Rebellion?
So how did we go
from being
governed by the
Articles of
Confederation to
the Constitution?
IV. The Constitutional Convention (or The
Philadelphia Convention):
A. Goals:
1. Identify the problems with the Articles of
Confederation.
2. Come up with ideas to fix the problems
3. Compromise if necessary, to create a law system that
worked for the most people.
B. Military Problems:
1. Articles of Confederation:
a. The National government could not tax the states – the national
government could only ask for money; so the national government
could not raise an army.
b. Once the Revolutionary War was over, many states
refused to support the national government with
funds.
c. The government was not able to support an army that would give
the government diplomatic clout.
2. Constitutional Solution:
a. The Constitution gave power to the national government to levy
taxes so they could maintain the army to “maintain domestic
tranquility.” (an army)
C. State Conflicts:
1. The Articles of Confederation:
a.The Confederation government could not resolve
conflicts between the states over interstate trade,
currency, or boundaries.
i. The states did not recognize national power.
ii. There was not a judicial branch (courts) to resolve these issues.
2. Constitutional Solution:
a. The Constitution gave the national government the exclusive power
to control:
i. Interstate Trade
ii.Currency
b. A judicial branch of government was established with the right to
resolve disputes between the states.
D. Diplomatic Problems:
1. Articles of Confederation:
a. Enforcing the Treaty of Paris:
i. The Confederation government had not been able to force the
British government to live up to provisions in the Treaty of
Paris.
ii. British troops stayed stationed at frontier forts on American
soil.
b. International Commerce:
i. The national government could not persuade the British
government to allow the continuation of trade between British
merchants and her former colonies.
ii. The Confederation government could not persuade the
Spanish to allow Americans access through New Orleans to
the sea.
iii. States were attempting to negotiate with foreign
powers separately.
2. Constitutional Solution:
a. Under the new Constitution, the national government was given
the exclusive right to make treaties with foreign powers thus
enhancing their ability to protect the United States’ interests
diplomatically.
3. Constitutional Compromise:
a. Fear among delegates from Southern states that the power to
control international trade might prompt the new federal
government to control the slave trade led to a compromise.
b.The federal government would not attempt to limit the
international slave trade for at least 20 years.
i. Importation of slaves was made illegal in 1808.
E. Control of the States:
1. Articles of Confederation:
a. The biggest problem of the Confederation government was
the lack of power to solve national problems because the
states refused to acknowledge the authority and power of
the central government.
2. Constitutional Solution:
a. The Constitution set up a federal system in which
the power of government was shared between the
states and the national government.
F. Amendments:
1. The Articles of Confederation:
a. Only could be amended if all of the states agreed.
2. Constitutional Solution:
a.The new constitution would make it easier to fix any
unforeseen problems by including a provision for
amendment by ¾ of the states.
G. Separation of Powers:
1.The Articles of Confederation:
a. There was no executive branch of government to carry out the
will of the national congress or a judiciary to resolve disputes.
2.Constitutional Solution:
a. The Framers of the Constitution established three branches of
government, legislative, executive and judicial, each with its
own powers.
powers.
b.To meet the fear that
the executive might
become too strong, a
system of checks
and balances limited
the power of each of
the branches was added.
H. Representation:
1.The Articles of Confederation:
a. The Confederation Congress consisted of one house where a state
delegation had one vote, no matter how big or small the population of
that state might be.
2.Constitutional Solution:
a. Virginia Plan:
i. Large states wanted to be represented based on
population
b. New Jersey Plan:
i. Small states wanted to preserve their power and
continue to have one vote per state
c.The Great Compromise (Or The Connecticut Plan):
i. The compromise was a bicameral legislature:
1. Senate: each state has two votes
2. House of Representatives: based on population.
Representation
RECAP:
Checking for Understanding
1. What was the biggest financial obstacle e faced under the
Articles?
2. What were some international issues America faced under
the Articles?
3. How did the Constitution address the issue power (who
should have it, how was it divided?)
4. What two branches of government were not included in the
Articles?
5. What are the three branches created under the
Constitution?
6. What is the purpose of checks & balances?
7. How did the Great Compromise address the issue of
representation?
3. Constitutional Compromise:
a.Issue:
i. Southern states wanted to count slaves
ii.Northern states, many of which were in the process of
gradually emancipating their slaves, did not want to give
southern states this political advantage.
b. 3/5 Compromise:
i. Slaves were to count as 3/5 of a person
for the purposes of both representation
and taxation.
ii. However, no taxes were ever levied
based on the population of the states.
For every five slaves, three would count towards
the population total & for tax purposes.
I. Authority to Rule:
1.Articles of Confederation:
a. Authority of the Confederation government derived from the states so
delegates to the Confederation Congress were selected by their state
legislatures.
b.The common man had very little say in government.
2.Constitutional Solution:
a. Basic Beliefs:
i. The Philadelphia convention declared that the authority to govern
was granted by “We, the people”
ii. The Framers believed in “no taxation without representation” so
they gave the House of Representatives the right to create taxes.
b.The House of Representative:
i. Directly elected by the voters of their states and now the common
man had a say.
3. Constitutional Compromise:
a. Problem:
i. The Framers also feared the uncontrolled will of
the people.
b. Electoral college:
i. Created to elect the president.
ii.Meant to buffer the impact of the popular will on the
election of the president
c. Indirect Election of Senators
d. Stated that justices of the Supreme Court should be
nominated by the president and confirmed by the
Senate.
V. Ratification of the Constitution:
A.Process:
1.The Constitution was sent to special
state conventions for ratification that
required the vote of 9 states,
rather than unanimous
approval required for
amendment of the Articles
of Confederation.
Scene at the Signing of the
Constitution of the United States
(Independence Hall, Philadelphia)
B. The Debate:
1.Federalists:
a. Were in favor of ratifying the Constitution
b.Wanted a stronger national government, capable of protecting
the rights of the people against local prejudices but not so
strong as to threaten the liberties of the people.
c.Represented the elites of the coastal areas.
d.Who were they:
i. James Madison, Alexander Hamilton and John Jay
e. The Federalist Papers:
i. A series of essays written to influence the New York
ratifying convention to ratify a stronger national
government.
ii.Provided an understanding of the intentions of the framers
of the Constitution.
2. Anti-Federalists:
a.Opponents of the Constitution
b.Concentrated among the backcountry farmers.
c. Feared the power that the elites would have in a strong
national government located far away from the influence of
the people.
d.Believed that state governments would be more responsive
to the needs of the people.
e.Worried about personal rights of the citizens.
Federalist vs.
Anti-Federalist
Strongholds at
the End of the
War
C. Compromise:
1. Bill of Rights:
a. Protected the rights of the individual against an
abusive government.
2. Several states ratified only on the
condition that a bill of rights would be
added.
D. The constitution was ratified and became
the law of the land on June 21, 1788.
The Bill of Rights protects the
nation’s citizens from too much
government interference and
guarantees basic liberties.
Recap:
Checking for Understanding
1. Why did Southern states want to count slaves in
their population total?
2. How did the Three-Fifths Compromise solve
this issue?
3. What is the Electoral College, and WHY was it
created?
4. What were some major differences between the
Federalists and Anti-federalists?
5. Why was the Bill of Rights added to the
Constitution?
VI. Understanding the New Constitution:
A. Limited Government:
1.The idea of limited government is that the government
must be controlled so that it cannot infringe upon the
rights of the people.
a.Under the Constitution, the power of the national
government is limited.
B. Sovereignty:
1.The fundamental principle of democracy is that the
government derives its power from the consent of the
governed.
2. Under the Articles of Confederation, sovereignty lay
with the states.
3. Under the Constitution, the authority to govern derives from
the people as evidenced by the language “We the People…do
ordain and establish this Constitution.”
Hey, what does
sovereignty mean
again?
It is the policy
of having
supreme,
independent
power to rule
and make laws.
C. Republicanism:
1. The United States was never meant to be a true
democracy.
a. It did not recognize the right to vote of several classes of
people.
2. Representative Government:
a. It did recognize that the ultimate governing authority rested
with the voters.
b. Voters were to be represented by elected legislators
who would make decisions in the interests of the
voters.
c. Voters elect the members of the House of Representatives.
3. Limiting the Power of the People:
a. However the Framers also feared
the uncontrolled will of the people
so they devised a system for indirect
election of Senators.
b. Electoral College:
i. Meant to buffer the impact
of the popular will on the
election of the president.
c. The national judiciary is not elected
but appointed by the chief executive
and confirmed by the Senate.
D. Federalism:
1. Origins:
a.The Framers of the Constitution included in the
structure of the government protections that would
limit the power of the national government.
2. What is Federalism?
a.The principle of federalism limits the power of the
national government by only delegating it some
powers.
3. Three Types of Power under Federalism:
a.Federal Powers (reserved for the national government)
i. War; Peace Treaties
b.State Power:
i. Marriage, Education
c. Concurrent Powers (shared powers between the national
government and the states)
i. Taxes
Let’s See what you know…
1. The power to coin money
State or Federal power?
FEDERAL
2. Marriage/Divorce Licenses – State or Federal?
STATE
3. Levy taxes?
STATE Or FEDERAL
It’s both! It is a concurrent power.
4. Declare War – State or Federal?
FEDERAL
5. Punish Crimes – State or Federal?
Both states and the
Federal government
have this authority.
6. Establish the Post Office?
FEDERA
E. Separation of Powers:
1.Origins:
a. The Framers divided the power of the national government
among three branches so no one person or group could control
the whole government.
2.The Three Branches:
a.The Executive Branch:
i. The President of the United States
ii.Enforces the laws of the nation, and is the commander in
chief of the armed forces.
The executive branch consists of the president, vice
president and Cabinet departments. The primary power
of the executive branch rests with the president, who
chooses his vice president, and his Cabinet members
who head the respective departments.
b. The Legislature Branch:
i. Creates laws, approves taxes, and commits to treaties.
ii. The Congress of the United States
1.The Senate
2.The House of Representatives:
1. The House of Representatives was given the exclusive right to
initiate tax bills because they more directly represent the people.
US Capitol Building in
Washington, D.C.
The House of Representatives and the Senate make
up the United States Congress. The job of Congress is
to pass bills and make laws. The Senate meets in one
wing and the House of Representatives meets in the
other.
Congress Hall located in Philadelphia, Pennsylvania,
served as the seat of the US Congress from
December 6, 1790 to May 14, 1800.
c. The Judiciary Branch:
i. The Supreme Court of the United States
ii. Decides if laws are constitutional or not.
The judicial branch consists of the
United States Supreme Court and lower
federal courts. Its primary function is to
hear cases that challenge legislation or
require interpretation of that
legislation. The U.S. Supreme Court has
nine Justices, who are chosen by the
President, confirmed by the Senate,
and have a lifetime appointment.
F. Checks and Balances:
1.Origins:
a.A system of checks and balances further ensured that the
power of each branch was limited by a competing power
in another branch.
b.Example 1:
i. The legislature has the power to pass laws
ii.The executive can veto those laws.
iii.The legislature can override a veto with a
supermajority vote (2/3 vote)
iv.The Judiciary can strike down any law as
unconstitutional.
c. Example 2:
i. The executive branch has the power to make treaties
with foreign governments.
ii. Only the Senate can ratify these treaties.
d. Example 3:
i. Members of the judiciary and the chief executive can be
removed from office with an impeachment procedure
carried out by the legislature
VII. Bill of Rights:
A.Origins:
1.Federalists promised Anti-Federalists that these
amendments would be added to the Constitution if they
agreed to ratify it.
2. Helped convince many Anti-Federalists that the
Constitution should be ratified.
B. What do they do?
1. Limited the national government from infringing on the
rights of the people.
2. Examples:
a. First Amendment: Rights of freedom of speech, religion,
assembly, and the press;
b. Second Amendment: Right to bear arms
c. Fourth Amendment: Protects against unfair trials and
unreasonable search and seizure.
Constitution
RECAP:
Checking for Understanding:
1. What is meant by representative government?
2. What is the Electoral College and why was it created?
3. What is federalism? What are the three types of powers
under federalism?
4. What is the role of the Executive, Legislative, and Judicial
branches of government?
5. What is the purpose of checks & balances? Who can provide
an example of this?
6. Why was the Bill of Rights added to the Constitution? Who
can tell me one right included in the Bill of Rights?