Chapter 8

Forming a Government

(1777-1791)

Chapter 8Forming a Government

(1777-1791)

Section 1

The Articles of Confederation

Ideas About Government 1st step after becoming independent was to form governments Influences:

Roman Republic English law

Magna Carta and the English Bill of Rights – limited the power of monarchs

• People’s representatives had stronger voice in government

Enlightenment Called for use of reason and belief in human goodness John Locke – social contract – government has duty to protect

unalienable rights, leaders who don’t should be replaced; rule of law is more important than the authority of any individual

Also looked to own traditions – New England town meetings and the Virginia House of Burgesses – American models of representative gov.

Iroquois League The Fundamental Orders of Connecticut was widely considered to be

the first written constitution in the English colonies (basic principles and laws that state powers and duties of the government) FOC and Mayflower Compact = self-government documents written

by colonists before the Revolution

The State Constitutions

Showed belief in republicanism – support for a system of government called a republic

Limited government – keep individual leaders from gaining too much power All leaders have to obey the laws and no one has

total power – careful not to give governors more power than any one representative

Protected individual rights of citizens Trial by jury, freedom of the press and private

ownership of property Virginia Statute for Religious Freedom – written by

Thomas Jefferson - promoted separation of church and state in Virginia; inspired other states to not create an official church

The State Constitutions (continued)

Expanded suffrage Some states allowed any white man who paid taxes

to vote; other states, only white men who owned property

Most states, people had to own property to hold an elected office

Forming a UnionMany members of the Second Continental

Congress believed that a national government was necessary to hold the country together

Committee of Thirteen (June 12, 1776) – made up of one member from each colony; led by John Dickinson

Articles of Confederation A new Confederation Congress would become

the central national government Each state would have one vote in congress National government did not have a president or

court system

Could make coins and borrow money, negotiate and make treaties with other countries and American Indians, settle conflicts between the states and could ask states for money and soldiers

• Could not force states to provide money or troops, even in emergency

Articles criticized for forming a weak national government

Articles passed by the Second Continental Congress on November 15, 1777 Sent to each state for ratification – all 13 had to ratify Conflicts over western lands slowed the process

Virginia and New York had some of the largest land claims – extending to the Mississippi River

States without land claims wanted the land to belong to the new national government

Maryland was the last state to ratify First national government of the U.S. put into effect

March 1781

The Northwest Territory

New central government had to decide what to do with western lands under its control and raise money to pay war debts

Land Ordinance of 1785 – set up a system for surveying and dividing the public territory First land was split into townships of 36 square

miles Each divided into 36 lots of 640 acres each One lot set aside for public school, 4 lots saved for

Revolutionary War veterans Remaining lots sold to the public

The Northwest Territory (continued) Northwest Ordinance of 1787 – created the

Northwest Territory (included the area that is now Illinois, Indiana, Michigan, Ohio, and Wisconsin) Political system for the region north of the Ohio

River Created a system for bringing new states into

the union Congress agreed to divide the NW Territory into

several smaller territories, each with a governor appointed by Congress

When the population of a territory reached 60,000 its settlers could draft their own constitution, then ask permission to join the Union as a state

Had a bill of rights, required public education be provided, banned slavery

Chapter 8Forming a Government

(1777-1791)

Section 2

Problems in the New Nation

A Lack of Respect Congress could do little to protect citizens Congress could not force states to provide

soldiers for an army Difficult to enforce terms of international

treaties Treaty of Paris called for British to turn over their forts

on U.S. side of the Great Lakes – British were taking their time

Spanish closed lower Mississippi River to U.S. shipping

State leaders began to criticize the weak Confederation Congress

Critics believed that a strong military would help the U.S. put pressure on Spain to open the Mississippi

Trouble With Trade After the Treaty of Paris, Britain closed many of its ports to

American ships (including British West Indies) British forced American merchants to pay high duties on

U.S. exports – applied to goods such as rice, tar, and tobacco Loss of trade with Britain shook U.S. economy Farmers could no longer export goods to British West

Indies Had to hire British ships to carry goods to British markets = very

expensive British were flooding U.S. market with their products at low

prices Confederation Congress could not fix the problem because

they did not have the power to pass tariffs American merchants began looking for other markets –

China, France, Netherlands, etc. British remained the most important trading partner of the U.S.

Economic Problems at Home Confederation Congress had no power to regulate

interstate commerce – trade between two or more states Trade laws differed from state to state Ability of states to print their own money cause more

problems Most states had trouble paying off war debts; struggled

to collect overdue taxes Some states printed large amounts of paper money

resulting in inflation Congress could not stop states from printing money, could do

little to stop inflation Planters in North Carolina began selling tobacco to state

government for paper money Debtors happy = paying back debts with money worth

less than the money they borrowed Creditors upset = being paid back with worthless money Rising inflation combined with the loss of trade with Great

Britain caused a Depression

Debt In Massachusetts

Massachusetts refused to print paper money, tried to pay war debts by collecting taxes on land

Hit farmers hard – landowners who had to pay new taxes Had trouble paying debts Massachusetts courts forced them to sell

property Some served terms in debtors’ prison

Shays’s Rebellion Farmers in western Massachusetts closed down

courts – with courts shut down no property could be taken

Led by Daniel Shays Threats of death to any captured rebel only made

Shays and followers more determined Rebellion helped reveal the weakness of the

Confederation government Led some Americans to admit the Articles of

Confederation were not working Congress could offer little help to Massachusetts in

putting down the rebellion More wanted stronger national government, one that

could protect the nation in times of crisis

A Push for Change Virginia legislature called for a national

conference to talk about changing the Articles of Confederation in 1786

Annapolis Convention – Annapolis, Maryland – only five states sent delegates New England states, the Carolinas and Georgia were not

represented

James Madison and Alexander Hamilton attended

Annapolis delegates called on all 13 states to send delegates to a Constitutional Convention at Philadelphia in May 1787

Chapter 8Forming a Government

(1777-1791)

Section 3

The Constitution

The Constitutional Convention Constitutional Convention was held in May 1787 –

Philadelphia’s State House now called Independence Hall

12 states sent total of 55 delegates – Rhode Island refused to send delegation Most were well-educated, served in state legislatures or the

Confederation Congress Benjamin Franklin was the oldest delegate

James Madison – one of most important delegates

Washington – part of Virginia delegation, elected president of whole Convention

Those not there: John Adams and Thomas Jefferson – ambassadors; Patrick Henry – against the meeting; women, African Americans, American Indians

The Great CompromiseVirginia Plan New Jersey Plan

James Madison Large-state plan New federal constitution –

sovereignty to central government

Three branches of gov. = legislative, judicial, executive

Bicameral legislature Representatives chosen on

basis of state population Larger states more rep

than smaller states

William PatersonSmall-state planUnicameral legislature

Each state equal number of votes

Acts passed by Congress = supreme law of respective statesCentral government given power to tax all citizens; regulate commerce

The Great Compromise (continued)

The Great Compromise was the compromise between large states and small states on how they would be represented (Virginia Plan vs. New Jersey Plan)

Terms of Compromise Upper house of legislature - all states would have

equal vote Lower house – number of representatives based on

population (ex. Alabama = 7, California = 53)

The Three-Fifths Compromise Regional differences regarding representation centered

around slavery Southern states wanted slaves counted as part of their population

to determine number of representatives Northern states wanted slaves counted to determine taxes but

not representation Three-Fifths Compromise – agreed to count 3/5 of the

slaves in each state as part of its population; designed to resolve remaining regional disagreements over the Great Compromise

Another major issue = foreign slave trade George Mason and John Dickinson wanted to end trade Southern delegates threatened to leave the Union if the

Constitution immediately ended the slave trade Compromise = northern delegates agreed to wait 20 years

before seeking to end slave trade if southern delegates would drop the demand that laws in Congress be passed with a 2/3 majority vote

Our Living Constitution Wanted strong national government but wanted

to protect popular sovereignty (political authority belongs to the people)

Looked to federalism – sharing of power between central government and states Federal government has power to enforce its laws in

states – each state must obey; federal government may use military (troops under command of president)

States have control over government functions not specifically assigned to the federal government

Local government, education, chartering of corporations Create and oversee criminal and civil law Protect welfare of citizens

A Delicate BalanceConstitution balances powers within the

federal governmentThree branches of government:

Legislative – Congress – responsible for proposing and passing laws

made up of two houses: Senate (upper house) – 2 members from each state; House of Representatives (lower house) – state represented according to population

Executive – President and departments that help run government – makes sure laws are carried out

Judicial – all national courts – interprets laws, punishes criminals, settles disputes between states

A Delicate Balance (continued) System of checks and balances – to keep

any branch from becoming too powerful Ex. Congress given power to propose and pass

legislation but President has veto power…however, Congress can override veto with 2/3 majority

Supreme Court has power to review laws passed by Congress – court may strike down laws viewed as unconstitutional

Delegates knew constitution was not perfect September 1787 – delegates signed final draft

and sent to states for ratification; only 3 of the 42 who remained refused to sign (Eldridge Gerry of Massachusetts and Edmund Randolph and George Mason of Virginia)

Chapter 8Forming a Government

(1777-1791)

Section 4

Ratification of the Constitution

Federalists Antifederalists

Supported ConstitutionJames Madison, George Washington, Benjamin Franklin, Alexander Hamilton, John JayGood balance of powerCareful compromise between various political views

Opposed ConstitutionGeorge Mason, Richard Henry Lee, Samuel Adams, Patrick HenryGave too much power to central government; insufficient checks and balancesDid not include Bill of Rights

The Federalist Papers Some of the most important arguments in

favor of the Constitution appeared in a series of essays known as the Federalist Papers

All written under the name Publius – Alexander Hamilton, James Madison and John Jay

New federal government would not overpower states

Widely reprinted and strongly influenced the debate over the constitution

The Ratification Fight Articles – all 13 states had to ratify; Constitution 9 of

13 had to ratify Delaware was the first state to ratify – December 7,

1787 Followed by Pennsylvania, New Jersey, Georgia,

Connecticut, Massachusetts, Maryland, South Carolina, and New Hampshire

Went into effect June 1788 after New Hampshire ratified (9th state)

Still debated in New York, North Carolina, Rhode Island and Virginia

John Jay and Alexander Hamilton pushed for ratification in New York

Needed agreement of New York (center for business and trade) and Virginia (largest population in the nation)

Rhode Island was last to ratify in May 1790

Demanding a Bill of Rights Some states ratified only after they were promised a bill

of rights would be added Some Federalists believed they were unnecessary

because people were already promised these rights under state constitutions

Some Federalists believed the Constitution was itself a Bill of Rights because it was written to ensure liberty for all citizens

Added as amendments to the Constitution Proposed amendments had to be approved by a 2/3 majority of both

houses of Congress, then ratified by ¾ of states to take effect Bill of Rights (1st 10 amendments to the Constitution)

were passed in December 1791 Added to the strength and flexibility of the Constitution Set a clear example of how to amend the Constitution to

address the needs of the nation World’s oldest written national constitution