Creating the Constitution From the Articles of Confederation to the Bill of Rights

Standards SSUSH5 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 (influence of Montesquieu), 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).

Confederation v. Federation Confederation: A confederation is an association of sovereign member states, that by treaty have delegated certain of their competences to common institutions, in order to coordinate their policies in a number of areas, without constituting a new state on top of the member states

Confederation v. Federation Federation: a type of sovereign state characterized by a union of partially self-governing states or regions united by a central (federal) government.

Introductory Video America Gets a Constitution

The Articles of Confederation After independence, states chose how they were to carry out a their own republican form of government 1777 – Continental Congress adopted the Articles of Confederation (Ratified 1781) Some powers granted to central government but MOST were left up to individual states

Problems with the Articles Federal gov’t could declare war and other foreign affairs Federal gov’t have no power to collect taxes, relying only on contributions from states Resolving MAJOR issues required 2/3 of the states to approve (9 total) Any amendments to the Articles took the approval of all 13 states

Governing Western Lands In the Land Ordinance of 1785 Congress laid out plans for peacefully settling Western land ceded from France in the 1763 Treaty of Paris. The Northwest Ordinance of 1787 Outlined the steps for a territory to apply for statehood. OH, IN, IL, MI, WI and parts of MN BANNED SLAVERY in these territories Led to increased interaction with Natives; broke the promise of the Proclamation of 1763 Called for establishment of free public schools

Shay's Rebellion (MA, 1786-87) The wealthy investors that had paid for the Revolution wanted their money back. The states raised taxes to pay the debt. Poor farmers rioted in protest of the raised taxes. Massachusetts didn’t have the money to raise an army to stop the riots. Congress didn’t have the power to tax to raise a national army to stop the riot

Effects of Shay’s Rebellion People would defy any government that acted against their wishes. It showed America that the federal government had to be strengthened to avoid civil unrest.

Call for a stronger central government Shays rebellion forced Americans to reevaluate the effectiveness of a loose confederation in responding to the needs of its citizens.

Constitutional Convention, 1787

Meeting in Philadelphia, 1787 Spring/Summer 1787, leaders from 12 states (except RI) met in Philadelphia at Independence Hall to REVISE the Articles of Confederation Elected George Washington as president of the convention

Federalists vs. Anti-Federalists Two different groups emerged from the debate over whether to revise the Articles or create a brand new Constitution Federalists –favored a strong central government (George Washington, James Madison, Alexander Hamilton) Antifederalists- favored states’ and individual rights, feared a strong central government would lead to tyranny (Thomas Jefferson, Samuel Adams, Patrick Henry)

James Madison Rival to Hamilton at the Convention “Father of the Constitution” Believed a large republic with diverse interests would preserve the common good

Alexander Hamilton Rival to Madison at Convention Favored government ruled by aristocracy and monarchy Looked out for the interests of businessmen and the wealthy

Rival Plans of Government Delegates debated how best to distribute representatives to the new Congress for each state Virginia Plan – proposed by Madison; bicameral (two house) legislature with larger populated states having more members New Jersey Plan – would retain unicameral (one house) legislature and all states have EQUAL number of members

The Great Compromise Proposed by Roger Sherman Proposed bicameral legislature to appease both sides Senate – EQUAL representation; 2 per state House of Representatives – based on population Also divided power between federal and state governments (system known as Federalism)

Slavery and the Three-Fifths Compromise Debate sparked between Northern and Southern delegates South feared domination by North, which had far more free peoples South feared that the institution of slavery would be in jeopardy All knew that the issue of slavery could tear apart the newly formed country

Slavery and the Three-Fifths Compromise 1st – Constitution forbade Congress from blocking the importation of slaves for 20 years (until 1808). 2nd – Slaves counted as 3/5 of a person in allocating state representation 3rd – All states required to return fugitive slaves to their owners

Ratifying the Constitution Founding Fathers decided that ratification by only 9 states would be enough to put into law the new Constitution “The Federalist Papers” – series of essays written by Hamilton, Madison and John Jay (right) promoting the views of the Federalist faction Still many states were Anti-Federalist and refused to ratify

Bill of Rights Only after many state conventions were promised an individual “Bill of Rights” did they ratify the Constitution. Bill of Rights – first 10 Amendments; composed by James Madison Intended to protect individuals from a strong central government and give them certain specified rights Included freedom of religion, petition, assembly, the press, legal rights, right to bear arms, etc.

The Bill of Rights 1. Freedoms of Speech, Assembly, Religion, Press, petition for redress of grievances 2. Right to bear arms 3. No quartering act 4. Privacy, search and seizure 5. Due process, double jeopardy, self incrimination 6. Speedy, public trial 7. Trial by jury 8. Prohibits cruel and unusual punishment 9. Rights not specifically mentioned are also protected 10. All powers not delegated to the Federal government are reserved for the states

Principles of New Constitution (AKA words you need to know) Popular sovereignty – gov’t derives its political authority from the people Limited Government – the central gov’t has ONLY the powers the Constitution gives it Separation of Powers – gov’t divided among three branches (legislative, executive and judicial): Montesquieu!

Principles of New Constitution (AKA words you need to know) Federalism – federal and state gov’ts share power Checks and Balances – each branch has the power to limit actions of the other two Representative democracy (Republic) – citizens elect reps to gov’t to make laws Electoral College – group of people chosen by each state who directly elect the President

President Washington - #1 Established enduring precedents 2 term tenure Cabinet Proclamation of Neutrality Federal Court System (1789) Creation of 13 circuit (one in each state) and 3 courts of appeals throughout nation Warned about development of political parties

Development of Political Parties – Alexander Hamilton Hamilton formed the Federalist Party who believed in a very strong central government Federalists pushed to: Increase Federal power Place a high tax on whiskey Sponsor a protective tariff (Tariff of 1789) to pay off debt from Revolution and operate government Sponsored the creation of a national bank

The Whiskey Rebellion It occurred because of the tax on whiskey. Whiskey was important to western farmers because it was a product of corn that could be shipped east for sale. The poor farmers rebelled against the tax. Washington used the army to put down the rebellion. This demonstrated that the new government was committed to enforcing its laws and that the new Constitution worked.

Development of Political Parties – Thomas Jefferson Jefferson formed the Democratic-Republicans who believed in preserving the power of the states Democratic-Republicans believed: Maintain power among state governments Federalists policies focused on the wealthy at the expense of the common man

President Adams - #2 Only Federalist president Presided over: XYZ Affair France tried to interfere with US trade after the US made a trade agreement with Britain France tried to bully the US into a bribe to resume free trade US remained neutral Alien & Sedition Acts Increased the time for citizenship from 5 to 14 years Made it illegal to speak out against or criticize the President or Congress Virginia & Kentucky Resolutions Push by Dem-Republicans for states to nullify federal laws they considered unconstitutional (in response to Sedition Act)

COMPARE/CONTRAST CHART FEDERALISTS/FEDERALIST PARTY ISSUES ANTI-FEDERALISTS/ DEMOCRATIC-REPUBLICAN PARTY 1)GOVERMENTAL POWER 2) TAXES 3) LAWS/RULES 4) FOREIGN INTERVENTION