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Ch5: Creating the Constitution
1781-1789
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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.
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Congress encouraged the former colonies to
create state constitutions.
• State constitutions
each provided for a
republic where
people voted for their
representatives.
• Patriots disagreed over
the design, especially
over how much power
to give the common
people.
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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.
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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.
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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.
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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.
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The Articles of
Confederation
was created by
the Continental
Congress.
• This first national
constitution created a
loose confederation 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.
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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.
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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.
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The Articles
created a
method to
settle and
govern the
Northwest
Territory.
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• 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 sections to sell at $1
each.
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The Land
Ordinance
of 1785
established
a method to
distribute
public land.
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The Land Ordinance of 1785 grid system is still
evident today.
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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.
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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.
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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.
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• 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.
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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.
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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.
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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.
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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.
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Framers of the Constitution
Alexander
Hamilton
advocated a
powerful
central
government.
Ben
Franklin
contributed
experience,
wisdom,
and prestige.
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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.
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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
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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
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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
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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.
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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.
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Solution:
Three-fifths
Compromise
• Slaves states were allowed to
count 3/5 (60%) of their slave
population toward
representation in Congress
and as 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.
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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.
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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?
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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
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• 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.
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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
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• 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
state governments.
• Leading Antifederalists
included Samuel Adams,
John Hancock, and Patrick
Henry.
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Antifederalists included many farmers.
• They feared the Constitution threatened state
debtor relief laws that rescued many from
foreclosure.
• Farmers distrusted lawyers, merchants, and
the wealthy, who were largely Federalists.
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The Federalists pushed for fast approval.
By midJanuary
1788, five
states had
ratified, but
nine states
were needed.
Federalists
gained the
support of
Massachusett
s Gov. John
Hancock by
hinting he
may be
picked as the
first vice
president.
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When the
Federalists
agreed to add
a bill of
rights, four
more states
quickly
ratified.
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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.
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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.
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• 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.
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The Bill of Rights
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The Constitution established a representative
government based on six principles.
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