The Constitution

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The Constitution

Chapter 5

“What led to the creation of the

United States Constitution, and what are its key principles?”

Why do we need a federal government?

• 1. On what occasions, or for what reasons, do people turn to the federal government?

• 2. What do people expect the federal government to do to help after natural disasters?

A Confederation of States

Section 1

• What form of national government did the

Patriots create initially, and what events revealed that a new government was necessary”

• Terms and People: republic Northwest Territory unicameral legislature bicameral legislature

Articles of Confederation John Dickinson federal Shays’ Rebellion

Land Ordinance of 1785

Northwest Ordinance of 1787

Standards

SSUSH 5 The student will explain specific events and key ideas that brought about the adoption and implementation of the United States Constitution.

• a. Explain how weaknesses in the Articles of Confederation and Daniel Shays’

Rebellion led to a call for a stronger central government.

• b. Evaluate the major arguments of the anti-Federalists and Federalists during the debate on ratification of the Constitution as put forth in The Federalist concerning form of government, factions, checks and balances, and the power of the executive, including the roles of Alexander Hamilton and James Madison .

• c. Explain the key features of the Constitution, specifically the Great Compromise , separation of powers , limited government , and the issue of slavery .

• d. Analyze how the Bill of Rights serves as a protector of individual and states’ rights.

• e. Explain the importance of the Presidencies of George Washington and John

Adams; include the Whiskey Rebellion , non-intervention in Europe , and the development of political parties (Alexander Hamilton).

• SSUSH 6 The student will analyze the impact of territorial expansion and population growth in the early decades of the new nation.

• a. Explain the Northwest Ordinance’s importance in the westward migration of

Americans, and on slavery, public education, and the addition of new states.

A Confederation of States

Early State Governments

Main Idea: In 1776, each new state created a constitution and called for a republic, or government in which the people elect representatives. However, people thought differently about how to design a republic.

Congress Creates the Articles of Confederation

Main Idea: In 1777, the Continental Congress drafted the original constitution for the union of the states. This constitution was known as the Articles of

Confederation.

Congress Creates a Plan for Western Lands

Main Idea: The national congress created plans for settling and governing the

Northwest Territory. By selling this land to speculators and farmers, the Congress hoped to raise revenues and extend America’s republican society westward.

Conflicts With Spain and Britain

Main Idea: During the mid-1780s, the Spanish and British did not take the new

United States seriously. The Spanish forbade American trade with New Orleans, and Britain rejected Adam Smith’s new doctrine of free trade in favor of traditional mercantilism.

George Washington

• After the Revolutionary War ended,

Washington gave up command of the army and went home

• The years after the American Revolution were difficult due to disorganization and economic and political problems.

• Strong state governments versus strong central government?

• Nationalists wanted a stronger national government, while other people wanted to block any attempt to form a strong central government.

Problems

 Wealthy, educated gentlemen felt ordinary citizens had too much power

 Economic problems: debt of $50 million, owed by states and national governments

 Excessive debt resulted in inflation, heavy taxes on goods going to other states, powerful state legislatures

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Price

Index:

1770-1789

Early Government

 13 separate states

 Confederation: an alliance of separate governments that work together

 Democracy: a government by the people

 People wanted a republic: a government run by the people through their elected representatives

State Constitutions

Republicanism.

Most had strong governors with veto power.

Most had bicameral legislatures.

Property required for voting.

Some had universal white male suffrage.

Most had bills of rights.

Many had a continuation of stateestablished religions while others disestablished religion.

Federalist vs. Anti-Federalist

Strongholds at the End of the W

ar

Occupational Composition of

Several State Assemblies in the 1780s

FEATURES OF THE

ARTICLES OF

CONFEDERATION

 No Chief Executive

 Each state had one vote in

Congress

 Laws needed approval by 9 of

13 states

 Congress did not have the power to tax

 Congress could not draft an army

 No national court system

 Any changes (amendments) to the Articles required a unanimous

13 vote

 Congress did not have the power to collect states debt owed to national government

 Congress did not have the power to settle disputes among states

Analyzing the Articles of

Confederation

• Why was this included ?

• Did not want to have another powerful executive like King George

• Wanted to protect Individual States power, feared a strong central government

• Fear of being unfairly taxed as they had been by the British

• Fear of a central government with a strong army that might take away rights

• Fear of a central Government with a court system that might be unfair to states

• Wanted to make sure states had a strong say in the shaping of our government

• Fear of a strong central government that could force states to pay for things they did not want

• Wanted states to have ultimate authority in resolving disputes

Weaknesses of the

Articles of Confederation

Created a loose confederation of strong state governments

A unicameral Congress

[9 of 13 votes to pass a law].

13 out of 13 to amend.

Representatives were frequently absent.

Could not tax or raise armies.

No executive or judicial branches.

QUICK STUDY

Weaknesses of the Articles of Confederation

Land Ordinance of 1785

• Law passed by Congress that developed a system of dividing the lands northwest of the Ohio River, known as the Northwest Territory

• It divided the land into 36 square mile townships

• Each section of a township was 1 square mile or 640 acres and sold for a minimum of $1.00 an acre

• A typical farm was 160 acres

Land Ordinance of 1785

FOCUS ON

GEOGRAPHY

Settling the Northwest Territory

Northwest Ordinance of 1787

Plan for governing western lands

One of the major accomplishments of the

Confederation Congress!

Statehood achieved in three stages:

1.

Congress appointed 3 judges & a governor to govern the territory.

2.

When population reached 5,000 adult male landowners  elect territorial legislature.

3.

When population reached 60,000  elect delegates to a state constitutional convention.

Northwest Ordinance of 1787

• Law that stated how new states would be created out of the territory

• Ohio 1803

• Indiana 1816

• Illinois 1818

• Michigan 1837

• Wisconsin 1848

• Congress would appoint a territorial governor and judges

• When a territory had 5000 voting residents, they could write a temporary constitution and elect a government

• When a territory had 60,000 in population, they could write a state constitution, which had to be approved by Congress

NOTE TAKING

Reading Skill: Identify Main Ideas

TRANSPARENCY

Changing the Government

Annapolis Convention (1786)

12 representatives from 5 states

[NY, NJ, PA, DE, VA]

GOAL  address barriers that limited trade and commerce between the states.

Not enough states were represented to make any real progress.

Sent a report to the Congress to call a meeting of all the states to meet in Philadelphia to examine areas broader than just trade and commerce.

Shays’ Rebellion: 1786-

1787

Daniel Shays

Western MA

Small farmers angered by crushing debts and taxes.

TRANSPARENCY

Shays’ Rebellion

Shays’ Rebellion

 To repay war debt,

Massachusetts passed highest tax ever to be paid in specie

 Specie: gold or silver coin; worth more than paper money

 Farmers in western part hit hard as courts seized their possessions

 Daniel Shays, war vet, led a rebellion that drove off tax collectors and forced courts to close

Shays’ Rebellion: 1786-1787

Shays’ Rebellion

 Fighting broke out, but Congress had no money for an army

 The state government finally gathered an army and quieted the rebellion in January

1787

 Demonstrated that rebels would defy any government if it acted against people’s wishes

 Many farmers left for Vermont or New York

 Shays, sentenced to death, eventually gets freedom

Shays’ Rebellion: 1786-1787

There could be no stronger evidence of the want of energy in our governments than these disorders.

-- George Washington

Results of Rebellion

 Need to strengthen the national government to avoid civil unrest

 May 1787 convention in Philadelphia; 12 states (Rhode Island did not come)

Nationalists

 Nationalists were men who wanted to strengthen the national government

 Washington, Franklin, James Madison, and

Alexander Hamilton were famous nationalists

 Believed that America was a model for the world

National government is weak

No power to collect

taxes

No executive branch

No national courts

The Case For A New

Constitution

The Big Idea

Under the Articles of Confederation, the states had most of the power while the national government was weak

States do not work together each state prints its

own money

States fight over trade

and other issues

Nationalists fear nation will fail

Warn of dangers of

weak gov't

Want the U.S. to be a model for the world

Shay's Rebellion

Shows the disorder occuring under the weak government

Shows commitment to defy

Constitutional Convention

• Philadelphia 1787 -

Independence Hall

– Heat

– Privacy

– Rain

– opened on May 25, 1787

• “convention of the well bred, well fed, the well read, and the wellwed.”

– lawyers, landowners, planters

– educated

– MIA - Thomas Jefferson and John Adams

– James Madison - “Father of the Constitution”

The Constitutional

Convention

• “In 1787, delegates to a convention in

Philadelphia created a new plan of government, the Constitution of the United

States.”

Foundations of the Constitution

League of Iroquois - state governs own affairs but unites for defense

Magna Carta - limit power of governor

Parliament - 1st representative legislature

John Locke - basic human rights protected

Montesquieu - separation of powers

Governments after the Revolution

PM

TRANSPARENCY

Progress Monitoring Transparency

Indian Land Cessions:

1768-1799

The United States in 1787

Drafting the Constitution

Section 2

• What new system of national government did the delegates agree upon at the

Constitutional Convention of 1787?

• Terms and People:

Alexander Hamilton

James Madison

Great Compromise federalism

Virginia Plan New Jersey Plan

Three-Fifths Compromise

Drafting the Constitution

The Constitutional Convention

Main Idea: Many Americans believe the Articles of Confederation needed revisions. Consequently, 12 of the 13 states sent delegates to a special convention in Philadelphia in May 1787. The delegates’ goal was to design a new and improved plan of government.

Rival Plans of Government

Main Idea: Before a constitution could be written and approved, the delegates needed to come to an agreement about what it should contain.

To achieve this goal, they advanced and debated a number of proposals for several months, including the Virginia Plan and the New Jersey Plan.

Settling Differences Through Compromise

Main Idea: The delegates were far from a unanimous decision concerning a structure of a new government. The Great Compromise, which drew points from both the Virginia and New Jersey plans, outlined a potential solution.

Constitutional Convention

• First met in Annapolis in 1786

• 55 men met in May 1787 in Philadelphia to revise the Articles of

Confederation

• Every state sent delegates except Rhode

Island

• George Washington elected president of the

Convention

• Wrote the U.S.

Constitution

James Madison

• Educated man who studied for a year about how to craft a new government

• College of New Jersey

(Princeton); shy man

• He believed that people are naturally selfish and that man could control himself through a proper government.

• He believed that a proper government required a

Constitution.

Divisions Among Men

• Disputes among states and violence such as Shays’

Rebellion raised fears that the fragile nation might collapse

• Choice: to amend or revise the Articles of Confederation or to form a new government

• James Madison brought a plan with him;

Constitutional Convention

• Madison had spent a year studying books on history, government, and law

• James Madison kept a record of the proceedings. He will become president in

1809. He is known as the “Father of the

Constitution.”

The Virginia Plan

• Edmund Randolph of

Virginia; called for a bicameral legislature

• The number of representatives would be based on population

• Critics of the plan were concerned that a strong

President would gain king-like power

Provisions of Virginia Plan

• 1. Added powers, including the right to tax to raise revenue and the right to regulate foreign and interstate commerce

• 2. Veto power over any state legislature

• 3. The proposed government would have three branches: executive, legislative, and judicial

• The states with large populations supported the Virginia Plan

New Jersey Plan

• Proposed by William Paterson of New Jersey and favored by small states

• 1. Would give Congress the power to tax and regulate foreign and interstate commerce

• 2. Would create executive and judicial branches

• 3. Would give every state an equal vote in a unicameral Congress

The Great Compromise

• Created a legislative branch of 2 houses –

Senate with two representatives per state, and a House of

Representatives, with seats based on each state’s population

DIAGRAM

Compromise Leads to a Plan of Government

Three-Fifths Compromise

• Question of how to count slaves to determine a state’s population?

• If all slaves were counted, the Southern states would be very powerful; if none counted the Southern states would be very weak

• Compromised to count three-fifths of a state’s slave population to determine representation; resulted in more representation for southern states

NOTE TAKING

Reading Skill: Identify Supporting Details

TRANSPARENCY

Dissenters to the Constitution

Lasting Document

• September 17, 1787, final draft approved

• Specific enough to not be misinterpreted

• Flexible enough to adapt to social, economic, political, and technological changes

• Amended just 27 times

• Many nations have modeled their governments after our Constitution

Inspiration

• “We the People of the

United States, in Order to form a more perfect

Union, establish

Justice, insure domestic Tranquility, provide for the common defence, 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”

PREAMBLE –

a preliminary statement of purpose

Preamble (Goals)

• Form a more perfect union

• Establish justice

• Ensure domestic tranquility

• Provide a common defense

• Promote general welfare

• Secure liberty

3 Branches Today

 Legislative : Congress, makes laws

 Executive : President, enforces laws

 Judicial : courts and judges who interpret laws

 Constitution: Plan of government that describes the different parts of the government and their duties and powers

Federal Government

• Power is shared among state and national authorities

• Reserved Powers : reserved for the states; example —education

• Delegated Powers : powers delegated to the federal government —declaring war

• Concurrent powers : federal and state governments hold powers —taxation

Federal System

Separation of Powers

• Legislative, executive, and judicial branches would all have their own areas of authority

• Checks and balances : each branch checks or stop others

• The Senate is more removed from people

• Senate: give advice and consent to President

• House: bills regarding taxes introduced there

Separation of Powers (Defines responsibilities for each branch)

P.136 in

Checks and Balances

Text

Can remove president from office

Can Override Presidential Veto

Executive Branch

President

Carries out the Laws

Can veto acts of congress

Legislative Branch

Congress

Makes the Laws

Vocabulary

Federalism

Reserved

Powers

Delegated

Powers

Concurrent

Powers

Judicial Branch

Supreme Court

Interprets Laws

Vocabulary

Veto

Override

Impeach

Electoral

College

PM

TRANSPARENCY

Progress Monitoring Transparency

Congress

• House: determined by population; representatives serve two-year terms; makes them more responsible to the people

• Senate: elected by state legislatures, not voters; serve six-year terms; every two years, only

1/3 are up for elections; give advice and consent to the president

Congress

• Only Congress can:

• Coin money

• Declare war

• Raise an army, provide a navy

• Regulate commerce

Elastic Clause

• “Make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution of the U. S…”

• U.S. Constitution, Article 1, Section 8, Clause

18

• Congress would have the authority to pass any laws necessary to carry out its duty

President

• Executive officer

• Commander of the armed forces

• Power to veto acts of Congress

• Term of four years; could be reelected

• The President is limited to two terms today

(22 nd Amendment, 1951)

President

• Chosen by a vote of electors from each state – indirect election

• Electors equal same number as in Congress

• Electoral College

• The House of Representatives would make the decision if there was no clear winner with each state getting one vote.

• This situation occurred in 1800 and 1824.

Federal Courts

• National court system: members chosen by the President with advice and consent of the

Senate

• President chooses the judges

• Judges hold office for life

• Supreme Court – details are left vague in the

Constitution; Congress developed the federal court system

Constitution

• Writing of the Constitution finished in 1787

• Required the approval of nine of the thirteen states

DECISION POINT

Should delegates to the Constitutional Convention ratify the Constitution

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TRANSPARENCY

Progress Monitoring Transparency

Ratifying the Constitution

Section 3

• How did Americans ratify the Constitution, and what are its basic principles?

• Terms and People: ratification

Federalist

Antifederalist

The Federalist

John Jay

Bill of Rights popular sovereignty limited government separation of powers checks and balances electoral college

Ratifying the Constitution

The Struggle Over Ratification

Main Idea: Two groups quickly emerged in the debate over the Constitution: the Federalists who favored ratification of the Constitution and the Antifederalists who opposed it. Initially, the

Federalists gained more support than the Antifederalists.

Ratifying Conventions

Main Idea: By mid-January of 1788, the Federalists had won ratification in five states. However, the Antifederalists mounted a strong fight in the remaining states whose support the Federalists sought.

Principles of the New Constitution

Main Idea: The Republic established by the Constitution of the United States became a symbol of freedom to countries around the world. Key principles of the Constitution included: popular sovereignty, limited government, separation of powers, federalism, checks and balances, and representative government.

The Constitution Endures

Main Idea: The Constitution is a relatively brief document, consisting of only 7,000 words. Some politicians, like Thomas Jefferson, argued that it should be interpreted literally to restrict federal power. Most Federalists, including George Washington, insisted that the Constitution be read broadly to allow for the expansion of federal power when necessary.

NOTE TAKING

Reading Skill: Identify Main Ideas

Vocabulary

• Ratify : to approve; 9 of 13 states had to approve it

• Federalists : supporters of the Constitution during the debate over its ratification; favored a strong central government

• Antifederalists : An opponent of the Constitution during the debate over ratification; opposed the concept of a strong central government

• Faction : a group that is concerned only with its own interests

• Bill of Rights : the first ten amendments to the

Constitution

• Federalism : state and national governments share power

Federalists

• Wanted the Constitution to provide a strong central government

• George Washington, James Madison, and

Alexander Hamilton

The Federalist

• Articles that appeared in New York newspapers in 1787 & 1788

• Written by Hamilton, Madison, and John Jay

The Federalist, No. 10, written by Madison, stated that no one group or faction could control the government due to the size of the

United States.

• The purpose of the essays was to persuade the New York State convention to ratify the

Constitution

Antifederalists

• Opposed the Constitution; believed that the

Federalists’ plan threatened state governments and the rights of individuals by concentrating too much power in the hands of a few

• Patrick Henry; no real plan

• People in more isolated regions had less need for a strong national government

• Feared that a President would be like a king

Antifederalist vs. Federalist Factions

Antifederalist concern

 Constitution will give national gov’t too much power

 President will be just like a king

 Individual liberties will be threatened by a powerful gov’t

 Federal gov’t could come under control of one powerful faction

Federalist response

 enough power to solve the country’s problems

 system of check’s and balances will limit president’s power

 Bill of Rights will protect citizens freedom

 Country is too big to be dominated by on faction

Why The Federalists Won

1. The Federalist Papers

– written to persuade the

NY state assembly to ratify the Constitution

2. Focused on the serious flaws of the Articles of

Confederation

3. The Federalists were united around a plan -

The Constitution

4. Well organized national group

5. George Washington

Ratification

• Delaware, New Jersey, and Connecticut ratified quickly (small states who would benefit from a strong central government)

• Georgia (feared a war with Native Americans) and Pennsylvania (whose leaders were

Federalists) – all signed right away

• Massachusetts, Maryland, South Carolina, and New Hampshire ratified by June, 1788.

• Had the necessary nine states, but wanted

Virginia and New York, two large states

TRANSPARENCY

Ratification of the Constitution

Ratification

• December 15, 1791, the states ratified the ten amendments

• Virginia and New York ratify the Constitution during the summer of 1788.

• North Carolina and Rhode

Island both initially reject the

Constitution, but then ratify it to make it unanimous – 13 states sign

.

Bill of Rights

• Federalists agreed to a bill of rights

– 1st ten amendments to the constitution

• 1st - freedom of speech, press, assembly, petition, religion

• 2nd-4th - right to bear arms, no lodging troops, no illegal search and seizure (these amendments came from British abuses)

• 5th-8th - protects citizens accused of crimes

• 9th and 10th - limits powers of government (protects people and state governments

)

Bill of Rights

• First ten amendments to the Constitution convinced reluctant states to ratify the

Constitution. The ten amendments were ratified and took effect on December 15, 1791

• Thomas Jefferson wanted the Bill of Rights.

He had been in Paris as ambassador and sent letters regarding his support.

• Jefferson wanted “unalienable rights” expressed in the Declaration written into the

Constitution

• Page 142 lists the 10 amendments.

The New Government

THE BIG IDEA: George Washington had to establish the

Executive Branch of the new government.

John Adams

Vice-President

Past Experience: Revolutionary

Leader, Lawyer, influential

Federalist

George Washington

President

Past Experience: Commander of the Continental Army,

President of the

Thomas Jefferson

Secretary of State

Past Experience: Main writer of the Declaration of Independence,

Ambassador to France

Alexander Hamilton

Secretary of Treasury

Past Experience: Personal Aide

Constitutional Convention to Washington, author of many Federalist Essays

Henry Knox

Secretary of War

Past Experience: General in

Continental Army, Sec. Of War under Articles

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