Chapter 5
“What led to the creation of the
United States Constitution, and what are its key principles?”
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
•
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.
• 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.
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
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
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.
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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
• 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
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
• 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
FOCUS ON
GEOGRAPHY
Settling the Northwest Territory
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.
• 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
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.
Daniel Shays
Western MA
Small farmers angered by crushing debts and taxes.
TRANSPARENCY
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
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
Need to strengthen the national government to avoid civil unrest
May 1787 convention in Philadelphia; 12 states (Rhode Island did not come)
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 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
• 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”
• “In 1787, delegates to a convention in
Philadelphia created a new plan of government, the Constitution of the United
States.”
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TRANSPARENCY
Progress Monitoring Transparency
1768-1799
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.
• 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
• 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.
• 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;
• 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.”
• 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
• 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
• 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
• 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
• 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
• 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
• “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”
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
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
• 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
• 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
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TRANSPARENCY
Progress Monitoring Transparency
• 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
• Only Congress can:
• Coin money
• Declare war
• Raise an army, provide a navy
• Regulate commerce
• “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
• 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)
• 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.
• 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
• 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
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
• 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
• Wanted the Constitution to provide a strong central government
• George Washington, James Madison, and
Alexander Hamilton
• 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
• 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
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
• 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
• 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
.
• 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
• 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 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