A MORE PERFECT UNIONArticles of Confederation and the Constitution

War is over – Now what – Continental Congress debates……

Tried to draft one constitution for the states as a whole

Articles of Confederation – a document adopted by the second continental congress in 1777 and finally approved by the states in 1781, that outlined the form of government of the new United States

State Governments were supreme in some matters

National government was supreme in some matters

Delegates called this new form of gov’t a confederation or alliance

Articles of Confederation

IN 1777 THE ARTICLES OF CONFEDERATION WERE WRITTEN BY THE SECOND CONTINENTAL CONGRESS AS THE FIRST INDEPENDENT GOVERNMENT IN THE UNITED STATES OF AMERICA. IT WAS OFFICIALLY ADOPTED IN 1781.

Articles of Confederation

Gave the new national gov’t the power to declare war

Make peace & sign treaties Borrow money Set standards for coins

and for weights & measures

Establish a postal service Deal with Native American

peoples

Congress could not enact and collect taxes

Congress could not regulate interstate/foreign trade

Regardless of population, each state had ONE vote in Congress

2/3 majority – 9 out of 13 states needed to agree to pass any law

Articles could be amended only if all states approved

There was no executive branch to enforce the laws of Congress

There was no national court system to settle legal disputes

There were 13 separate states that lacked national unity

Accomplishments Weaknesses

ARTICLES OF CONFEDERATION..

States Disagree..

Westward Expansion - - THE NW TERRIOTORY

Ordinance of 1785 – dealt more with selling the property than governing it - Government needed money to pay off nation’s debts)- Called for the land to be surveyed and sold to the highest bidder

HOW TO BECOME A STATE…. Northwest Ordinance – dealt with governing the

territory - Congress would choose a Governor and 3 judges to rule the territory- Over time the territory would be divided into no fewer than 3 and no more than 5 states- Citizens had freedom of religion and speech, right to trial by jury, and protection from unfair punishments- Settlers had to treat Indians fairly- Slavery was banned in the territory

Northwest Ordinance became a model used for the settlement of other territories

SHAY’S rebellion – showed the weaknesses in the Articles…

DANIEL SHAY LEFT HIS FARM IN WESTERN MASSACHUSETTS TO SERVE AS A CAPTAIN IN THE REVOLUTIONARY ARMY. UPON HIS

RETURN IN 1787 HE WAS FORCED TO IMMEDIATELY PAY BACK DEBTS. HE AND OTHERS PETITIONED THE GOVERNMENT FOR AN EXTENSION WHICH WAS DENIED. IN RESPONSE HUNDREDS OF FARMERS, WITH

SHAY AS THEIR LEADER, MARCHED TO THE COURTHOUSE TO DISRUPT THE PROCESS OF SEIZING FARMS FROM PEOPLE UNABLE TO

PAY BACK DEBTS. ABOUT 1200 MARCHED TO SPRINGFIELD WHERE THE STATE ARSENAL WAS LOCATED. MILITIA WAS PRIVATELY HIRED

AS THE GOVERNMENT WAS UNABLE TO ACT DIRECTLY UPON CITIZENS. FIGHTING BROKE OUT BETWEEN SHAY’S FOLLOWERS AND

THE MILITIA, RESULTING IN THE DEATHS OF FOUR FARMERS. SHAY WAS SENTENCED TO DEATH FOR HIS PARTICIPATION IN THE

REBELLION. THIS EVENT INDICATED THAT THE NEW GOVERNMENT WAS

POWERLESS TO ACT IN A TIME OF CRISIS. IT LED TO THE CONSTITUTIONAL CONVENTION HELD THE NEXT YEAR.

Shay’s rebellion…

Constitutional convention

1st time, held in Annapolis, Maryland

Because of poor turnout, Delegates called another meeting. It was held in Philadelphia

Key Players : James Madison, Roger Sherman, Alexander Hamilton, Benjamin Franklin, and George Washington

Because of the disturbing Shays’s Rebellion, 12 states sent delegates to Philly

55 DELEGATES MET IN PHILADELPHIA IN SEPTEMBER 1787 AND DECIDED TO DRAFT A NEW CONSTITUTION RATHER THAN REVISE THE ARTICLES

George Washington… President of the Convention…

THOMAS JEFFERSON…..

Summer 1787 – Independence Hall in Philadelphia12 states sent delegates (Rhode Island didn’t send delegates)Original; purpose was to discuss way to fix the Article of Confederation The 55 delegates were among the most educated in America

- Called the “Founding Fathers”

THE CONVENTION….

Different Ideas….

DIFFERENT FACTIONS AT

THE CONVENTIO

N

FACTIONS ARE GROUPS OF PEOPLE UNITED BY A COMMON BELIEF, LIKE AN INTEREST GROUP

SMALL STATES VERSUS LARGE STATES

SLAVE HOLDERS VERSUS ANTISLAVERY ADVOCATES

STRONG CENTRAL GOVERNMENT VERSUS WEAK

Constitutional Convention…

Delegates decided to keep all of their discussions secret (nailed the windows shut)

Most of our records come from James Madison’s notes

James Madison – known as the “Father of the Constitution” - Many of its principles are based on his ideas

Delegates had to develop a strong government without infringing on people’s liberties

Round 1…… How to set up the Government…

Virginia PlanEdmund RandolphBicameral

Legislature.State representation

was based upon population.

Power to taxPower to regulate

trade.Define: VETOProposed executive

and judicial branches

New Jersey PlanWilliam PatersonUnicameral

Legislature.One state – one vote

concept. (Like Articles)

Power to taxPower to regulate

trade.National executive &

judicial branches

Composing the Constitution….

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THE GREAT COMPROMISE

THE DELEGATES AGREED ON TWO HOUSES IN CONGRESS, THE SENATE

AND THE HOUSE OF REPRESENTATIVES.

THE SENATE WOULD HAVE EQUAL REPRESENTATION, MEANING EVERY STATE WAS ALLOTTED 2 SENATORS.

THE HOUSE OF REPRESENTATIVES WOULD BE BASED ON POPULATION

AND THEREFORE THE NUMBER WOULD VARY FROM STATE TO

STATE.

The Great Compromise

Developed by Roger Sherman from Connecticut Legislature would have 2 houses People would be represented in the lower house

(House of Representatives)- Based on population (larger states have more representatives)- 2 year terms

States would be represented in the upper house - every state would have the same number of representatives (2 per state) 6 year terms

The new power of congress….

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SLAVERY:

REPRESENTATION AND THE SLAVE TRADE

SOUTHERN DELEGATES INSISTED THAT SLAVES SHOULD COUNT AS PART OF A STATE’S POPULATION

THIS WOULD HAVE GIVEN THEM THE ADVANTAGE IN CONGRESS AS THEIR POPULATION WOULD HAVE BEEN GREATER AS A REGION

NORTHERN DELEGATES DISAGREED AND REFUSED TO COUNT SLAVES AS PART OF THE STATE’S POPULATION FOR PURPOSES OF REPRESENTATION

MOST STATES WANTED TO END THE AFRICAN SLAVE TRADE HOWEVER SOUTH CAROLINA AND GEORGIA LOBBIED HARD TO KEEP THE SLAVE TRADE INDUSTRY ACTIVE

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THREE-FIFTHS COMPROMISE, SLAVE TRADE, AND FUGITIVE SLAVES

THE SOUTHERN STATES WERE ALLOWED TO COUNT SLAVES AS 3/5

OF A PERSON FOR REPRESENTATION PURPOSES IN THE

HOUSE. SLAVES WERE ALSO COUNTED TO DETERMINE THE

AMOUNT OF FEDERAL TAXES OWED BY EACH OF THE SOUTHERN

STATES.

THE SLAVE TRADE WAS ALLOWED TO CONTINUE UNTIL 1808,

HOWEVER ALL OF THE NEW STATE CONSTITUTIONS EXCEPT

GEORGIA’S BANNED OVERSEAS SLAVE TRADE.

ARTICLE I Section 9. The Migration or Importation of such Persons as any of the

States now existing shall think proper to admit, shall not be prohibited by the Congress prior to

the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on

such Importation, not exceeding ten dollars for each Person.

ARTICLE IV SECTION 2 No Person held to Service or Labour in one State, under the

Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation

therein, be discharged from such Service or Labour, but shall be delivered up on Claim of

the Party to whom such Service or Labour may be due.

ARTICLE I SECTION 2 Representatives and direct Taxes shall be apportioned among the several States which may be included within

this Union, according to their respective Numbers, which shall be determined by

adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three

fifths of all other Persons.

CLAUSE ON ESCAPED SLAVES

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A FORM OF GOVERNMENT WHERE POWER IS SHARED BETWEEN DIFFERENT LEVELS OF GOVERNMENT.

IN THE UNITED STATES THIS TRANSLATES TO A FEDERAL GOVERNMENT IN WASHINGTON D.C., STATE GOVERNMENTS, AND LOCAL GOVERNMENTS. IN THE

U.S. THE FEDERAL GOVERNMENT IS MORE POWERFUL THAN THE STATE GOVERNMENTS, ALSO KNOWN AS

NATIONAL SUPREMACY.

THE DELEGATES AGREED THE BEST FORM OF GOVERNMENT WOULD BE FEDERALISM

G overnm ent Structure

DELEGATED POW ERSP o w e rs d e le ga ted to then a tion a l g o ve rnm e nt by

th e C o ns titu t io n .

RESERVED POW ERSP o w e rs n o t g ran ted to the

n a tion a l g o ve rnm e nt o rd e n ie d to the sta te s.

CONCURRENT POW ERSP o w ers h e ld a nd e xe rc ise d by

b o th th e n a tion a l an d thes ta te g ove rn m en ts.

Controlled power….

National Government powers- Coin money- Make treaties- Declare war

State Powers- Set punishment for crimes- Make education laws - Regulate trade within the state

Concurrent Powers (Both have these powers)- Power to tax- Build roads- Set up courts

In case of conflicts between Federal and State laws – States must follow national laws

Power….

Separation of PowersStates limited the

authority of the national gov’t

3 branches for gov’t were created:

Legislative – makes laws

Executive – to carry out laws

Judicial – to interpret the law

Delegates established a system of checks and balances – prevents one branch of gov’t from dominating the others.

System of Checks and Balances

EXECUTIVEBRANCH

LEGISLATIVEBRANCH

JUDICIAL BRANCH

*President

*Carries out laws.

*Congress

*Makes the laws.

*Supreme Court

*Interprets the laws.

Can veto acts of Congress.

Can remove the President from office.

Can declare acts of the President “unconstitutional”.

Can appoint judges to the Supreme Court.

Can refuse to appoint judges.

Can declare acts of Congress “unconstitutional”.

Regulation of trade…

Delegates debated how much control the national government should have on trade

Delegates agreed that national government should control trade between states

North also wanted National Gov. to control foreign trade- Gov. allowed to tax imports (tariff)

Congress could end slave trade in 20 years

Power of the president…

Decided that the Executive branch would be headed by one person

Congress had power to impeach President if needed

President would be chosen by the Electoral College- Many delegates didn’t trust the judgment of the people to elect the President

States Electoral votes = number of Senators + Number of representatives in the House

Creating the Constitution4 months of debate

and compromise, delegates succeeded in creating a flexible constitution.

Constitution sent to congress, which submitted it to states for approval

Procedure for electing the President

Each state chooses a # of electors equal to the # of senators and representatives the state had in Congress. Electors are chosen by the states.

Electoral College – casts ballots for presidential candidates

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CONSTITUTION SIGNED 1787 IN PHILADELPHIA, PENNSYLVANIA

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DEBATE OVER RATIFICATION

FEDERALISTSADVOCATED A STRONG CENTRAL GOVERNMENT

NATIONAL SUPREMACY

IN FAVOR OF RATIFICATION

BILL OF RIGHTS UNNECESSARY SINCE

GOVERNMENT HAD LIMITED POWERS

MADISON, HAMILTON, JAY

ANTIFEDERALISTSIN FAVOR OF STRONG STATE GOVERNMENTS

STATE SUPREMACY

AGAINST RATIFICATION

BILL OF RIGHTS ESSENTIAL TO GUARANTEE CITIZEN’S

RIGHTS

MASON, CLINTON, HENRY

Federalists vs. Anti-Federalists

Anti-Federalists Concern: Constitution will give

national govt. too much power.

President will be just like a king.

Individual liberties will be threatened by a powerful govt.

Federal govt. could come under control of one powerful faction.

Federalist Response: Constitution will give

national govt. enough power to solve the country’s problems.

System of checks and balances will limit President’s power.

Bill of Rights will protect citizens’ freedom.

Country is too big to be dominated by any one faction.

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THE FEDERALIST PAPERS

A SERIES OF 85 ESSAYS ORIGINALLY PUBLISHED IN NEW YORK NEWSPAPERS FROM OCTOBER 1787 TO

AUGUST 1788 AUTHORED BY PUBLIUS, THE PEN-NAME FOR JAMES MADISON, ALEXANDER HAMILTON, AND JOHN JAY. THE ESSAYS EXPLAINED THE NEW CONSTITUTION AND ARGUED

FOR RATIFICATION CITING SUCH THEMES AS THE NEED

FOR SEPARATION OF POWERS, STRONG CENTRAL

GOVERNMENT, AND GOVERNMENT CONTROL OVER

FACTIONS.

JAY

HAMILTON

MADISON

States decide for themselves!! Delaware – 1st state to ratify the

constitution New Hampshire was the 9th state (made

it law) Virginia and New York were 10th and 11th Government couldn’t succeed without

these two states Rhode Island – last state to ratify the

constitution Federalist had to promise to add a Bill of

Rights to convince states to ratify Constitution

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IN ORDER TO RATIFY THE CONSTITUTION TWO-THIRDS OF THE STATES, NINE, HAD TO APPROVE IT. THE PROCESS BEGAN IN

DECEMBER OF 1787 WITH STATE CONVENTIONS SOME OF WHICH WERE HEATED DEBATES AND OTHERS WERE UNANIMOUSLY IN

FAVOR.

STATE DATE VOTE IN CONVENTION

DELAWARE DECEMBER 7, 1787 UNANIMOUS

PENNSYLVANIA DECEMBER 12, 1787 46 TO 23

NEW JERSEY DECEMBER 18, 1787 UNANIMOUS

GEORGIA JANUARY 2, 1788 UNANIMOUS

CONNECTICUT JANUARY 9, 1788 128 TO 40

MASSACHUSETTS FEBRUARY 7, 1788 187 TO 168

MARYLAND APRIL 28, 1788 63 TO 11

SOUTH CAROLINA MAY 23, 1788 149 TO 73

NEW HAMPSHIRE JUNE 21, 1788 57 TO 46

VIRGINIA JUNE 26, 1788 89 TO 79

NEW YORK JULY 26, 1788 30 TO 27

NORTH CAROLINA NOVEMBER 21, 1789 195 TO 77

RHODE ISLAND MAY 29, 1790 34 TO 32

Need some help…

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THE BILL OF RIGHTS

IN THE BATTLEGROUND STATE OF MASSACHUSETTS

THERE WAS MUCH SKEPTICISM ABOUT THE CONSTITUTION. ANTI-

FEDERALISTS LOBBIED HARD AT THE CONVENTION TO

REQUIRE A BILL OF RIGHTS BE ADDED IN ORDER TO

GUARANTEE RATIFICATION. THIS STARTED A MOMENTUM

WHICH LED TO THE EVENTUAL ADDITION OF THE BILL OF RIGHTS, WRITTEN IN

1789 BY MADISON AND RATIFIED BY THE STATES

OVER THE NEXT TWO YEARS.

1st Amendment

The Bill of Rights

Anti-federalists felt that because the Constitution weakened the States, a national Bill of Rights was needed

It contained the first 10 amendments to the Constitution

Added in 1791, it consisted of a formal list of citizens’ rights and freedoms