Creating a Constitution Chapter 5 Creating a Constitution

Articles of Confederation and Perpetual Union November 1777 adopted by Continental Congress 1st formal government of the US (divided into two levels: state and federal) Plan for a loose union of states under the authority of the Congress

Powers and Weaknesses of the Articles of Confederation Declare war Negotiate peace Sign treaties Set standards for coins, weights & measures Postal service Deal with American Indians Weaknesses No control over trade (interstate or foreign) No power to collect taxes All states had to agree to make changes

Northwest Ordinance 1787 Greatest success of the Articles of Confederation Ordinance that dealt with land north of the Ohio River and east of the Mississippi River Provided for establishment of not less than 3 nor more than 5 territories (Wisconsin, Illinois, Indiana, Michigan, Ohio) Land sold to generate $ for Federal government Slavery not allowed

Problems Call for a Change Trade - duties- taxes on imported goods - protective tariff- tax on imported goods to protect American goods Diplomacy - British debt collectors - Return of Loyalist property - Disputed border of Georgia with Spain 3. Economic - paper money = inflation - Shay’s Rebellion – rebellion led by Daniel Shay in Massachusetts that started over the government raising taxes rather than issuing paper money

Questions to Ponder What do you think was the most serious flaw of the Articles of Confederation? Why? How are the issues faced by the federal government today similar to those that were faced by the Confederation Congress?

The Call for a Stronger Government Nationalists – people who supported a strong central government James Madison – member of the Virginia Assembly that called for a convention (influential nationalist and 4th President) Alexander Hamilton – New York delegate who called for the convention to be held in Philadelphia in May 1787 (leader of Federalist Party)

The Constitutional Convention Convention of 55 delegates from 12 colonies (Rhode Island not present) to establish a firmer national government May 1787- Sept. 1787– Philadelphia, PA George Washington – Presiding officer James Madison – Recorded debates (convention held in private)

Issue of Debate Unicameral - a legislature made up of one house Bicameral - a legislature made up of two houses

Plans Proposed Virginia Plan Edmund Randolph of Virginia Scrapped the A of C Legislative, executive, and Judicial branches of government Legislative = 2 houses 1st house member elected by members of state 2nd house members elected by 1st house Numbers in two houses would reflect state’s population New Jersey Plan William Paterson of New Jersey Kept the A of C Single house legislature Each state has = power Power to raise taxes and regulate trade

Questions to Ponder Which of the two plans do you think the delegates of the convention voted on to keep and proceed with? Why? What was the problem with having the members in both houses of the Virginia Plan reflect each state’s population?

Controversial Issues State Representation Treatment of slavery in the new constitution

Compromises Connecticut or Great Compromise - Roger Sherman House of Reps – represented by state population (435) Senate – equal representation (2 per state = 100) Voters elect members of the House of Reps State legislatures elect senators House of Reps & Senate = Congress Three- Fifths Compromise (1 member per 40,000 elected to the House) Every 5 enslaved people would count as three free persons to determine representation and taxation Could not tax exports Could not ban slave trade until 1808 or impose high taxes on the import of enslaved persons

The Government Checks and Balances Prevents any one of the following branches of government from becoming too powerful. Popular sovereignty – rule by the people Federalism- government power divided by national and state levels Legislative Branch – Congress- lawmaking body of Government Executive Branch – enforces the laws – headed by President Judicial Branch – interprets laws – federal courts

The Legislative Branch Powers Make laws Declares war Approves treaties Approves appointments Raises money Impeach – to bring charges or convicts Raises and supports armed forces Override a veto Checks Executive Override veto Impeach officials Control $ Confirms treaties and appointments Judicial Impeach judges Approves appointments Propose amendments Establish other lower courts Change court size

Executive Branch Powers Enforces, proposes, vetoes laws Prepares US Budget Conducts foreign policy Commands armed forces Appoints Supreme court & federal judges, cabinet members, ambassadors, & federal officials Grant pardons and reprieves Checks Legislative Veto laws Leader of Party Call special sessions Judicial Appoint judges Grant pardons and reprieves

Judicial Branch Powers Interprets laws Determines Constitutionality of laws and acts Decides cases involving treaties w/other nations’ leaders Checks Executive Interprets laws and treaties Legislative Decides constitutionality of laws

Quiz tomorrow over the Checks and Balances of the Three Branches of Government

Ratification 9 of 13 states had to approve the Constitution to put it into effect Debates took place in state legislatures, mass meetings, newspapers, and everyday conversations

Federalists vs. Antifederalists Supporters of the Constitution Large land owners Merchants, artisans, and farmers near coastal areas Wanted strong central government to regulate trade Alexander Hamilton Antifederalists Opponents to the Constitution Western farmers Concern: National or State government supreme Supported a Bill of Rights John Hancock, Patrick Henry, Edmund Randolph

The Federalist or Federalist Papers A collection of 85 essays written by James Madison, Alexander Hamilton, and John Jay arguing for ratification Explained how the Constitution worked and why it was needed Convinced the public to ratify the Constitution

Fight for Ratification Delaware, Pennsylvania, New Jersey, Georgia, & Connecticut approved by 1788 By end of June 1788 Maryland, South Carolina, and New Hampshire ratified the Constitution Massachusetts approves Constitution only after Federalists Promise: 1. Bill of Rights- first ten amendments, limits the power of the federal government 2. State’s Rights- Reserves powers to states not granted to the Fed. government (10th Amendment) Although enough states ratified the Constitution to put it into effect many feared the government would not succeed without the larger states approvals (NY and VA)

Virginia and New York Virginia - ratified Constitution after Madison’s promise to add a Bill of Rights New York - Convinced to ratify after they learned VA and NH had ratified the Constitution - Did not want to operate independently By July 1788 all states except Rhode Island and North Carolina had ratified the Constitution March 4, 1789 – first meeting of the new Congress People’s fears subsided when George Washington was chosen as the first president under the new Constitution

The Bill of Rights One of the most important acts of Congress James Madison responsible for the adding of the Bill of Rights to the Constitution 1st ten amendments of the Constitution First 8 protect rights of individuals against actions of federal government 9th Amendment states that the people have other rights not listed 10th Amendment states that any powers not specifically given to the federal government are reserved for the states

* Test on Thursday