Chapter 7: Creating the Constitution
Chapter 7 Section 1: "Governing a New Nation" (pages 204-209) Government by the States - individual states began creating their own governments in 1776 - 11 of the 13 states (not RI or CT) wrote new constitutions o constitution- a document stating the rules under which a government will operate - the state governments minimized the powers of state governors (like kings) - gave most of the power to state legislatures elected by the people - the governor served as the state’s executive o executive- person who runs the government and sees that the laws are carried out - new state constitutions allowed more people to vote than ever before o not African- Americans or women o in order to vote, you had to be a white male and own property - states wanted to protect individual rights o Virginia- first state to have a bill of rights § Included: freedom of religion, freedom of the press, right to a trial by jury, barred “cruel and unusual punishment”
o called the Articles of Confederation o was adopted in 1777 - while states wrote their constitutions, the Continental Congress created a plan for the nation as a whole o called the Articles of Confederation o was adopted in 1777 - under the Articles, the government had one branch (Congress) o no executive (leader) o no national court system o all states were considered equal and had a single vote in Congress o 9 states had to agree before a law could go into effect - this was a very weak central government o no power to establish taxes or regulate trade o the founders didn’t want it to get too powerful (like Britain’s government) o so, most of the power was given to individual states
Settling the Western Lands - the Articles had to be approved by all 13 states - some states wouldn’t approve it until all states gave up their claims to western lands - land was given to national government and was sold off - Land Ordinance of 1785 o public land was divided into 6 mile X 6 mile townships o resulted in 36 1 mile X 1 mile sections that were sold for no less than $1 an acre o within each township, 1 section was set aside for schools - Northwest Ordinance of 1787 o investors wanted to buy land in the Northwest Territory § land north of the Ohio River o the investors wanted to know how the area would be governed § so, Congress passed the Northwest Ordinance of 1787 it guaranteed basic rights for settlers and banned slavery there o set up a 3-step process for admitting new states 1) Congress would appoint a governor, secretary, and 3 judges 2) elect a legislature once the territory had 5,000 free adult male settlers 3) ask to become a state once the free population reached 60,000 - 5 states were carved out of the Northwest Territory: Ohio, Indiana, Illinois, Michigan, Wisconsin
Growing Problems - the U.S. faced growing problems during the 1780s - many Americans concluded that the Articles of Confederation didn’t give the government enough power to solve these problems 1) Economic Problems - each state had its own trade policy (discouraged trade among states) - each state printed its own money - the national government had no power to tax (little money to run the country) 2) Foreign Affairs - U.S. looked weak- other countries didn’t want much to do with the new nation 3) Shay’s Rebellion - took place in August of 1786 in Massachusetts after the state government seized many farmers’ farms because they couldn’t afford them - Daniel Shays led about 1,000 Massachusetts farmers to seize arms from a state warehouse - the state called out the Massachusetts militia - Shays and other leaders were arrested - people believed a stronger central government was needed o in response, Congress asked the states to send delegates to a convention in Philadelphia in 1787 o their task was to revise the Articles of Confederation
Chapter 7 Section 2: "The Constitutional Convention" (pages 212-217) - the sole purpose of the convention was to revise the Articles of Confederation - there were 55 delegates from 12 states (G. Washington, B. Franklin, A. Hamilton, J. Madison) Virginia Plan - Edmund Randolph proposed a plan for a new, strong central government (written by James Madison) - The plan called for 3 branches of government (legislative, executive, judicial) o Legislative branch- makes the laws o Executive branch- carries out the laws o Judicial branch- interprets the laws - Many delegates thought a strong executive was necessary to correct the weaknesses of the Articles of Confederation (some said needed 3, but voted on 1 executive (president)) - Also called for a two-house legislature (lower house= House of Representatives, upper house= Senate) - Plan said that representation was based on population (bigger population = more representatives) - big states liked the Virginia Plan
New Jersey Plan - The small states came up with it because they thought the Virginia Plan was unfair - The plan called for a single-house legislature and equal representatives for all states (not based on population) The Great Compromise - July 16, 1787 the delegates agreed on a compromise between the two plans - There would be a two-house legislature o Lower house= House of Representatives: based on population o Upper house= Senate: each state gets two senators regardless of population - The Great Compromise made the small states willing to support a strong central government
Debates over Slavery - divided the delegates (North and South) - Southern delegates said slaves should be counted in calculating a state’s population and representatives - Northern delegates disagreed, said they can’t vote, they shouldn’t count - Three-Fifths Compromise- each slave counts as three-fifths of a free person - This was a gain for the South, they gained more seats in the House of Representatives - This was a blow to African Americans- it helped preserve slavery by making a distinction between free persons and “all other persons” - The Three-Fifths Compromise was overturned when slavery was banned in 1865 - Slave trade- The North wanted to end it, but South said it would destroy their economy o They compromised, said ships could bring slaves into the country only for 20 years o This did not affect the slave trade within the United States
` New Constitution - The Committee of Style was appointed to draw up the final wording of the new Constitution - Preamble= the introduction to the document that highlights the major differences between the Constitution and the Articles of Confederation o “We the People……..”= the Constitution gets power from the people as a whole, not separate states, like the Articles of Confederation did Signing the Document - Ben Franklin was sick, but said “I agree to this Constitution with all its faults.” - He urged the other signers to do the same
Chapter 7 Section 3: "Debating the Constitution" (pages 218-221) Federalists vs. Antifederalists - each state needed to have a convention to ratify, or approve, the Constitution - the Constitution would go into effect once it was ratified by 9 states - Federalists: people who supported the Constitution - they favored a strong federal, or national, government - Antifederalists: people who opposed the Constitution - their arguments: 1) weakened the states 2) no bill of rights 3) president or king?
The Ratification Debate - 8 states had ratified (approved) the Constitution- needed 1 more o DE, PA, NJ, GA, CT, MA, MD, SC - all eyes turned to Virginia o if Virginia rejected it, the remaining states might reject it too - while Virginia still debated, New Hampshire ratified it - Virginia finally ratified it o followed by New York, North Carolina, and Rhode Island - July 4, 1788- Philadelphia celebrated the ratification of the Constitution - Benjamin Rush (Philadelphia doctor)- “Tis done. We have become a nation.” - George Washington was elected to be president - John Adams was elected to be vice president The Bill of Rights - many states wanted a bill of rights to be added to the Constitution - first 10 amendments (changes) to the Constitution = Bill of Rights - aims to protect people against abuses by the federal government http://www.history.com/videos/america-gets-a-constitution#america-gets-a-constitution
Branches of Government - Power is separated among 3 branches A) Legislative Branch - Congress - House of Representatives - Senate - MAKES LAWS B) Executive Branch - President - CARRIES OUT THE LAWS C) Judicial Branch - Supreme Court - INTERPRETS THE LAWS *page 256
Branch Branch Branch Laws Laws Laws
Branch Branch Branch Senate Laws Laws Laws Executive Judical Legislative Branch Branch Branch President Supreme Court Congress Carries out Laws Interprets Laws House of Representatives Senate Makes Laws
Answer the following questions. Read pgs. 256-257 Answer the following questions. 1. Why is it revolutionary to think power came from the people? 2. What is popular sovereignty? 3. Where did the idea of limited government come from? 4. How many branches were created to separate the powers of government? 5. What is checks and balances? 6. What is the purpose of checks and balances? 7. What is federalism? 8. Give an example of federalism. 9. How does the Constitution reflect the principle of separation of powers? 10. How can the judicial branch check the powers of the executive and legislative branches? http://www.youtube.com/watch?v=T_foQoCHQq8&safe=active
Checks and Balances - America Book pg. 257 1. The Legislative Branch can impeach and remove a President. 2. The Executive Branch can grant pardons to federal offenders. 3. The Judicial Branch can declare executive actions unconstitutional. 4. The Executive Branch can call special sessions of Congress. 5. The Judicial Branch can declare acts of Congress unconstitutional. 6. The Executive Branch can negotiate foreign treaties. 7. The Legislative Branch controls funding.