Transcript The Constitution

The Constitution
Chapter 5
“What led to the creation of the
United States Constitution, and what
are its key principles?”
Why do we need a federal
government?
• 1. On what occasions, or for what
reasons, do people turn to the federal
government?
• 2. What do people expect the federal
government to do to help after natural
disasters?
A Confederation of States
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
Standards
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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.
George Washington
• 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.
Problems
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
Wholesale
Price
Index:
1770-1789
Early Government
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
State Constitutions
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.
Federalist vs. Anti-Federalist
Strongholds at the End of the War
Occupational Composition of
Several State Assemblies
in the 1780s
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
Analyzing the Articles of
Confederation
• 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
Weaknesses of the
Articles of Confederation
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
Land Ordinance of 1785
• 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
Land Ordinance of 1785
FOCUS ON
GEOGRAPHY
Settling the Northwest Territory
Northwest Ordinance of 1787
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.
Northwest Ordinance of 1787
• 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
Annapolis Convention (1786)
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.
Shays’ Rebellion: 17861787
Daniel Shays
Western MA
Small farmers angered by crushing
debts and taxes.
TRANSPARENCY
Shays’ Rebellion
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
Shays’ Rebellion: 1786-1787
Shays’ Rebellion
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
Shays’ Rebellion: 1786-1787
There could be no
stronger evidence of
the want of energy in
our governments than
these disorders.
-- George Washington
Results of Rebellion
Need to strengthen the national government
to avoid civil unrest
May 1787 convention in Philadelphia; 12
states (Rhode Island did not come)
Nationalists
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
The Case For A New
Constitution
The Big Idea
Under the Articles of Confederation,
the states had most of the power while the
national government was weak
National government
is weak
States do not
work together
Nationalists fear
nation will fail
Shay's Rebellion
No power to collect
taxes
No executive branch
No national courts
each state prints its
own money
States fight over trade
and other issues
Warn of dangers of
weak gov't
Want the U.S. to be
a model for the world
Shows the disorder
occuring under the
weak government
Shows commitment to defy
Constitutional Convention
• Philadelphia 1787 Independence Hall
– Heat
– Privacy
– Rain
– opened on May 25, 1787
• “convention of the well bred,
well fed, the well read, and the
well-wed.”
– lawyers, landowners,
planters
– educated
– MIA - Thomas Jefferson
and John Adams
– James Madison - “Father
of the Constitution”
The Constitutional
Convention
• “In 1787, delegates to a convention in
Philadelphia created a new plan of
government, the Constitution of the United
States.”
Foundations of the Constitution
• League of Iroquois - state governs
own affairs but unites for defense
• Magna Carta - limit power of governor
• Parliament - 1st representative
legislature
• John Locke - basic human rights
protected
• Montesquieu - separation of powers
Governments after the Revolution
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TRANSPARENCY
Progress Monitoring Transparency
Indian Land Cessions:
1768-1799
The United States in 1787
Drafting the Constitution
Section 2
• What new system of national government did
the delegates agree upon at the
Constitutional Convention of 1787?
• Terms and People:
Alexander Hamilton
Great Compromise
James Madison
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.
Constitutional Convention
• 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
James Madison
• 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.
Divisions Among Men
• 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;
Constitutional Convention
• 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.”
The Virginia Plan
• 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
Provisions of Virginia Plan
• 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
New Jersey 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
The Great Compromise
• 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
Three-Fifths Compromise
• 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
Lasting Document
• 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
Inspiration
• “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”
PREAMBLE –
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
3 Branches Today
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
Federal Government
• 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
Federal System
Separation of Powers
• 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
Vocabulary
Legislative Branch
Congress
Makes the Laws
Vocabulary
Federalism
Veto
Reserved
Powers
Override
Delegated
Powers
Judicial Branch
Supreme Court
Concurrent
Powers
Interprets Laws
Impeach
Electoral
College
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TRANSPARENCY
Progress Monitoring Transparency
Congress
• 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
Congress
• Only Congress can:
• Coin money
• Declare war
• Raise an army, provide a navy
• Regulate commerce
Elastic Clause
• “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
President
• 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
(22nd Amendment, 1951)
President
• 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.
Federal Courts
• 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
Constitution
• 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
Ratifying the Constitution
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
Vocabulary
• 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
Federalists
• Wanted the Constitution to provide a strong
central government
• George Washington, James Madison, and
Alexander Hamilton
The Federalist
• 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
Antifederalists
• 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
Why The Federalists Won
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
Ratification
• 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
Ratification
• 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.
Bill of Rights
• 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)
Bill of Rights
• 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 New Government
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
Thomas Jefferson
Secretary of State
Past Experience: Main writer
of the Declaration of Independence
Ambassador to France
George Washington
President
Past Experience: Commander
of the Continental Army,
President of the
Constitutional Convention
Alexander Hamilton
Secretary of Treasury
Past Experience: Personal Aide
to Washington, author of
many Federalist Essays
Henry Knox
Secretary of War
Past Experience: General in
Continental Army, Sec. Of War
under Articles