Chapter Introduction This chapter will cover the state of the young American nation after the Revolution. It will discuss the weaknesses of the Articles of Confederation as the reasons for a new constitution. Lastly, it will detail the major people and ideas behind the drafting and ratification of the United States Constitution. • Section 1: A Confederation of States • Section 2: Drafting the Constitution • Section 3: Ratifying the Constitution Objectives • Explain how the states’ new constitutions reflected republican ideals. • Describe the structure and powers of the national government under the Articles of Confederation. • Summarize the Congress’s plan for the settlement and governance of western lands. • List the main weaknesses of the Articles. Terms and People • republic – a government in which the people elect their representatives • unicameral legislature – a lawmaking body with a single house whose representatives are elected by the people • bicameral legislature – a lawmaking body with two houses, a Senate and a House of Representatives • Articles of Confederation – the original federal constitution drafted by the Continental Congress Terms and People (continued) • John Dickinson – a member of the Continental Congress and leader of the committee that wrote The Articles of Confederation • federal – national • Northwest Territory – vast territory north of Ohio and west of Pennsylvania to the Mississippi River, which was key to expanding the republic • Land Ordinance of 1785 – plan to dispense and distribute public land in the Northwest Territory Terms and People (continued) • Northwest Ordinance of 1787 – plan for governing and creating new states carved out of the Northwest Territory • Shays’ Rebellion – an uprising of armed farmers marching on a federal arsenal in Springfield, Massachusetts, in protest against higher taxes What form of national government did the Patriots create initially, and what events revealed that a new government was necessary? After the Revolutionary War, the Patriots feared entrusting the Congress with too much power. Most authority remained with the states. But strong state governments and a weak national government led to problems. Congress encouraged the former colonies to create state constitutions. • Although state constitutions varied, each provided for a republic where people voted for their representatives. • Patriots disagreed over the design of these republics, especially over how much power to give the common people. Democratic Patriots like Thomas Paine wanted more power for common people. They favored: • weak state governments with most of their power in a popularly elected legislature. • unicameral or one house legislature with either a weak governor or none at all. • a large House of Representatives with small districts so that the people had more control. Conservative Patriots like John Adams feared giving power to the common people. They favored: • a governor with broad powers. • bicameral legislature, with two houses. • an upper house or senate made up of wealthy, welleducated gentlemen who would balance a lower house elected by the common people. There was also debate over who should vote. • Democratic states like Pennsylvania allowed all male taxpayers over age 21 to vote. • Conservative states preserved colonial requirements of property ownership for voting. • None gave the vote to women or to slaves. • In time, most grew more democratic with the lower house gaining more power. Most new state constitutions guaranteed freedom of religion. Previously, colonies collected taxes for religious institutions. Now, religious freedom and pluralism became the norm. The Virginia Statute of Religious Freedom set the example. It allowed for religious liberty free of state influence. The Articles of Confederation was created by the Continental Congress. • This first national constitution created a loose confederation or league of states in 1777. • Congress drafted the Articles under John Dickinson of Pennsylvania. • Congress’s power was limited to prevent the problems experienced under Britain. With the Articles, government power was limited. • Congress implemented and enforced laws. • Executive power was shared by committees. • Each state had one vote in Congress. • Minor issues were passed by a simple majority. Major issues, like declaring war, required 9 states. • Amendments to the Articles required the agreement of all 13 states. Congress had a limited role. Congress could: Congress could not: Declare war or conduct foreign policy. Tax Administer relations with Indian nations. Regulate commerce between states or states and foreign nations There was also no federal court system. The Articles created a method to settle and govern the Northwest Territory. • Surveyors divided the territory into a N-S and E-W grid to establish hundreds of townships. • Each township was subdivided into one square mile (640 acre) squares to sell at $1 each. • Many farmers couldn’t afford the $1 an acre, and some land speculators got special deals. The Land Ordinance of 1785 established a method to distribute public land. The Land Ordinance of 1785 grid system is still evident today. Northwest Ordinance of 1787 set up a system to govern territories and create states. Congress established a territorial government and appointed a governor. Settlers were guaranteed freedom of religion, trial by jury, and rights of common law. Once there were 5,000 men, an assembly could be elected. The appointed governor retained veto power. Once there were 60,000 residents, a territory could apply for statehood. It abandoned the British model of keeping colonies permanently subordinate. The Northwest Ordinance: • barred slavery. • required a republican constitution. • promised settlers basic freedoms. • ignored the rights of Native Americans. • resulted in five new states: Ohio, Indiana, Illinois, Michigan, Wisconsin, and part of Minnesota. Britain denied American ships access to the British West Indies and the right to export goods to Britain on American ships. European nations did not take the new nation seriously. Spain forbade American trade with New Orleans. Britain kept soldiers in frontier forts located in the Northwest Territory. • The nation’s debt was mounting. Growing problems led to calls for a revision of the Articles of Confederation. • The economic depression was deepening as debts, bankruptcies, and foreclosures grew. • Shays’ Rebellion demonstrated the Federal government’s weakness. • Foreign nations did not respect the United States. Section 2 Objectives • Understand the reasons leaders called for the Constitutional Convention. • Summarize the rival plans of government proposed at the convention. • Describe the compromises made in order to reach agreement on the Constitution. Terms and People • Alexander Hamilton – New York delegate, favored strong central government • James Madison – “Father of the Constitution,” proposed the Virginia Plan • Virginia Plan – Madison’s proposal for a strong federal government divided power between executive, legislative, and judicial branches • New Jersey Plan – William Paterson’s proposal for a unicameral legislature gave each state one vote and retained most features of the Articles of Confederation Terms and People (continued) • Great Compromise – Roger Sherman’s proposal, which included a House based on population and a Senate with two votes per state • federalism – a system that divides power between state governments and the federal government • Three-Fifths Compromise – in return for Southern support of the Constitution, northerners agreed to count each slave as 3/5ths of a person for determining electoral votes and seats in Congress What new system of national government did the delegates agree upon at the Constitutional Convention of 1787? After Shays’ Rebellion, Congress called for a convention to revise the Articles of Confederation. Instead, they created an entirely new constitution. By 1787 most citizens agreed that the Articles were flawed and needed at least two major changes: • The power to regulate interstate and international commerce • The power to tax In May, delegates from 12 states met in Philadelphia to propose Amendments to the Articles. 53 of the nation’s top leaders convened at the Pennsylvania State House. • Most helped to write their state constitutions. • Most were rich. • All were white males. • 21 fought in the Revolution. • 8 were signers of the Declaration of Independence. Who came? Leaders present: James Madison William Paterson Benjamin Franklin Roger Sherman James Wilson Alexander Hamilton George Mason John Dickinson Edmund Randolph Elbridge Gerry Charles Pinckney Gouverneur Morris • Missing: Thomas Jefferson and John Adams. They were serving as diplomats in Europe. • George Washington was chosen as president of the Convention. Framers of the Constitution Alexander Hamilton advocated a powerful central government. Ben Franklin contributed experience, wisdom, and prestige. Framers of the Constitution Called the Father of the Constitution, James Madison already had a plan of government in mind. Called the Father of our Country, George Washington attracted crowds when he arrived in Philadelphia. Hamilton and Madison emerged as leaders. Alexander Hamilton • Conservative; he feared too much democracy • Favored a balance of aristocracy, monarchy, and republicanism James Madison • Favored a large republic with diverse interests to preserve the common good • Favored a system where different interests would “check” each other’s power to ensure liberty James Madison proposed his Virginia Plan: • A strong federal government with power to tax, regulate commerce, and veto state laws • A Senate and a House of Representatives, both based on population • A strong President to command the military and manage foreign relations William Patterson proposed the New Jersey Plan: • An executive by committee rather than one leader • A unicameral legislature with one vote per state regardless of population • States retain sovereignty except for a few powers granted to the federal government Roger Sherman proposed The Great Compromise to break the impasse: • Two Houses in Congress: The lower house was based on a state’s population. In the upper house, each state had two senators. • A system of federalism: Power would be divided between the federal government and the states. Certain powers, such as issuing money, were forbidden to states. Slavery proved to be a divisive issue. • Southern states feared larger free states would dominate Congress and threaten slavery. • They saw slavery as essential for their economy and demanded protections in the Constitution. • Delegates from Georgia and South Carolina threatened to walk out. Solution: Three-fifths Compromise • A slave counted as three-fifths of a person in determining representation in Congress and electoral votes for presidential elections. • Importation of slaves could not be forbidden for twenty years. • Northern states could not pass laws to help runaway slaves. No Bill of Rights Southerners such as Charles C. Pinckney feared the inclusion of anti-slavery phrases, such as “all men are by nature free.” Some delegates refused to sign in protest: • George Mason • Edmund Randolph • Elbridge Gerry, who called it “flawed” On September 17th; 42 delegates remained at the convention. Alexander Hamilton accepted the Constitution as the only alternative to “anarchy and convulsion.” 39 delegates signed and the Constitution was sent to the states for ratification. Objectives • Summarize the arguments for and against ratification of the Constitution. • Describe how the Constitution was ratified. • Explain the principles of the Constitution. Terms and People • ratification – official approval • Federalist – a person who favored ratification of the new Constitution of 1787 • Antifederalist – a person who opposed ratification of the new Constitution • The Federalist – a series of 85 essays, written primarily by Alexander Hamilton and James Madison, that supported ratification (The Federalist Papers) Terms and People (continued) • John Jay – contributed 5 essays to The Federalist arguing for a strong federal government • Bill of Rights – the first 10 amendments to the Constitution guaranteeing individual rights • popular sovereignty – the principle that all government power comes from the people • limited government – where the powers of the government are specifically described and officials may not act above the law Terms and People (continued) • separation of powers – where political power is specifically defined and divided between three branches of government • checks and balances – a system in which each branch of government has the power to monitor and limit the actions of the other two • electoral college – a group of persons chosen from each state who then indirectly elect the president How did Americans ratify the Constitution, and what are its basic principles? Although many delegates to the Constitutional Convention felt the Constitution was imperfect, all but three delegates signed it. Would the states accept the proposed plan? If not, what would become of the new nation? By drafting a new Constitution, the delegates had exceeded their mandate to amend the Articles. Not expecting passage in all 13 states, they changed the rules for ratification: • to be by special conventions in each state, not by state legislatures • required approval of only 9 states • They stressed the weaknesses of the Articles. Federalists favored the Constitution. • They argued that only the proposed Constitution could remedy these weaknesses. • They were led by James Madison and Alexander Hamilton who, along with John Jay, published a series of essays called The Federalist. In Federalist No.10 and Federalist No. 51, Madison argued that a strong national government and the Constitution’s system of checks and balances would strengthen liberty. In Federalist No. 78, Hamilton wrote of the importance of a judicial branch to protect liberty. A copy of The Federalist signed by George Washington The two most trusted Americans George Washington and Benjamin Franklin favored ratification. Frontiersmen felt a stronger government provided protection against the Native Americans and the British in the Northwest. Artisans in the cities and most newspapers supported ratification as well. • They feared a loss of liberties and distrusted the absence of a bill of rights. Antifederalists were opponents of ratification. • They feared concentration of power in a distant elite, believing instead that power should remain in democratically elected state governments. • Leading Antifederalists included Samuel Adams, John Hancock, and Patrick Henry. Antifederalists included many farmers. • They feared the Constitution threatened state debtor relief laws that rescued many from foreclosure. • Farmers also distrusted lawyers, merchants, and the wealthy, who were largely Federalists. The Federalists pushed for fast approval. By midJanuary 1788, five states had ratified, but nine states were needed. Federalists gained the support of Massachusetts Gov. John Hancock by hinting he may be picked as the first vice president. When the Federalists agreed to add a bill of rights, four more states quickly ratified. While nine states were the minimum, the two largest states, Virginia and New York, were necessary for the nation to survive. Virginia finally ratified, despite Patrick Henry’s opposition. New York ratified after New York City threatened to secede from the state. New York City celebrated ratification with a parade. Congress convened in New York’s Federal Hall on March 4, 1789 to: • Elect a first president (George Washington) and vice president (John Adams). • Add a Bill of Rights. The last two states, Rhode Island and North Carolina, now reconsidered earlier rejections and ratified as well, bringing the total to 13 states. • He used Virginia’s Bill of Rights as a model. James Madison was assigned to create a Bill of Rights. • Madison avoided any statements about equality that might offend the slave states. • Ten amendments guaranteed individual freedoms. • To prevent future abuse or limitations on freedom, any unmentioned rights were retained by the people. The Bill of Rights The Constitution established a representative government based on six principles. Chapter Summary Section 1: A Confederation of States In 1777, Congress created the Articles of Confederation. Under this first constitution, Congress planned for the settlement and government of western lands. However, weaknesses of the Articles led to calls for their revision. Section 2: Drafting the Constitution In the summer of 1787, delegates met in Philadelphia to draft a new constitution. The powers of the federal and state governments, representation in Congress, and slavery were key issues. Chapter Summary Section 3: Ratifying the Constitution The new Constitution created a federal system that included the separation of powers, a representative government, and a system of checks and balances. A Bill of Rights was added to ensure individual freedoms.