1. Forming A Government
Chapter 5

2. The Article of Confederation
-Two sources of inspiration in forming their new government were the Magna Carta and the English Bill of Rights.

3. Influences of the Magna Carta
Limited power of government
Fundamental rights
Trial by jury
Due process of law

4. Influences from the English Bill of Rights
Limited power of the monarch
No standing army in peacetime
Free elections
Right to petition
Parliamentary checks of power

5. One model of self government followed by the colonists was: -Mayflower Compact

6. A constitution is a set of basic principles and laws that states the powers and duties of the government.
Under British rule, only free white men that owned land could vote.
Now, only white men who paid taxes could vote.
Many states’ constitutions expanded suffrage, or the right to vote, by allowing any white man who paid taxes to vote.

7. Our Nation’s First Constitution
-The Committee of Thirteen was a group assigned to discuss and draft the Articles of Confederation.
The Articles of Confederation
-Congress would become the single branch of the national government.
-Each state had one vote in the Congress.
-Congress could
- Settle conflicts among the states
- Make coins
- Borrow money
- Make treaties
-The Articles of Confederation was weak plan of government. It gave the national government few powers.

8. System of Bring NEW states into The Union
-Congress passed the Northwest Ordinance of 1787 that included areas that are now in Illinois, Indiana, Michigan, Ohio, Minnesota, Wisconsin. Northwest Territory -Settlers could draft their own constitution and ask to join the Union, when the population of a territory reached 60,000. -Had a governor appointed by Congress.

11. The New Nation Faces Challenges
Relations with Other Countries -Under the Articles of Confederation, Congress could not force states to provide soldiers for an army. -Without an army, the US could not defend against foreign threats. -It was also difficult to enforce international treaties such as the Treaty of Paris, The United States also faced problems trading with Great Britain, because American merchants were forced to pay high tariffs, or taxes on imports or exports. (rice, tobacco, tar, and oil)

12. Relations with Britain -Britain was slow to withdraw from the American side of the Great Lakes. (This was a great annoyance.) -After the signing of the Treaty of Paris, Britain closed many of its ports to American ships. No New Orleans Access for U.S. -In 1784, Spanish officials closed the lower Mississippi River to US shipping. -Congress tried to work out an agreement with Spain, but the plan did not receive a majority vote in Congress.

13. -We had no military to persuade the Spanish to cooperate
-We had no military to persuade the Spanish to cooperate. Economic Problems -Unequal trade caused serious economic problems for the US. -The Confederation Congress could not pass tariffs to correct the problems with the market.

14. Weak Economy -After the Revolutionary War challenges, in addition to international trade issues, were trade problems among states, war debts, and a weak economy, plagued the states. -To ease the pain and suffering, some states began printing large amounts of paper money worth very little. The result was inflation. -The loss of trade with Britain combined with inflation created a depression.

15. -Because Massachusetts refused to print worthless paper money, farmers had trouble paying their debts. -The courts began forcing them to sell their property. Shay’s Rebellion -In September 1786, a poor farmer and Revolutionary War veteran, Daniel Shays led hundreds of men to protest high taxes and heavy debt. -They planned to shut down the courts so no one’s property could be taken. -This became known as Shay’s Rebellion. -In the end, Shay’s Rebellion showed the weaknesses of the Confederation government.

17. Calls for Change -More Americans began calling for a stronger central government. -In 1786, the Virginia legislature called for a national conference to discuss economic problems and ways to change the Articles of Confederation.

18. Weaknesses of the Articles of Confederation
-Most power held by the states -One branch of government -Legislative branch has few powers -No executive branch -No judicial branch -No system of checks and balances

19. Creating a Constitution
-The goal of the 1787 meeting of the Confederation Congress was to improve the Articles of Confederation -Three notable attendees were -Ben Franklin -James Madison “Father of the Constitution” -George Washington

20. -Small vs. Big states – representation in Congress, tariffs, slavery
-Two of the major disagreements were:
-Small vs. Big states – representation in Congress, tariffs, slavery
-How strong should the national government be?

21. Two plans were proposed at the Constitutional Convention: The Virginia Plan -More powers to the national government -Bicameral legislature (TWO houses) -Votes based on population in both houses The New Jersey Plan -More power to state governments -Unicameral legislature (ONE house) -Equal number of votes per state

22. The Great Compromise
-In Roger Sherman’s plan, the legislative branch would have two houses. -Each state, regardless of population, would have two representatives in the Senate. -In the House of Representatives, the # of representatives for each state would be determined by the state’s population.

24. Three-fifths Compromise
Regional Differences
-Southern delegates wanted enslaved Africans to be counted as part of their state populations. -Northerners disagreed because it would give southern states more representatives and more power in Congress. -Northerner wanted the number of slaves to determine taxes but not representation.
Three-fifths Compromise
-To resolve this problem some delegates proposed to count three-fifths (3/5) of the slaves in each state as part of the state’s population to decide how many representatives a state would have.

25. Three-Fifths Compromise

26. The Living Constitution -Most delegates wanted a strong national government, but hoped to protect popular sovereignty, the idea that political authority belongs to the people. -The delegates created federalism, or the sharing of power between a central government and the states.

27. Federalism -Under the Constitution, each state must obey the authority of the federal government. -States have control over 6 government functions not specifically assigned to the national government. Powers Reserved for the States -Control of local governments -Control of education -Chartering of corporations -Supervision of religious bodies -Create/oversee civil and criminal laws -Protect welfare of citizens

28. 3 Branches of Government
Three branches of government were created in the constitution to balance power. Legislative -Propose and pass laws -Senate = 2 from each state -House of Representatives = based on population Executive -Includes President -Makes sure the law is carried out Judicial -Made up of all national courts -Interprets laws -Punishes criminals -Settles state disputes

30. Checks and Balances -The framers of the Constitution set up a system of checks and balances to keep any branch from becoming too powerful. -Congress has the power to pass bills into law. -The President has the power to veto, or reject laws that Congress passes. (this is one way the Executive branch checks on the Legislative branch) -Congress can override the President’s veto with a two-thirds (2/3) majority vote. (this is an example of the Legislative branch checking on the Executive branch) -The Supreme Court has the power to review laws passed by Congress and strike down any law that violates the Constitution. (this is an example of the Judicial branch checking on the Legislative branch)

31. Ratifying the Constitution
Federalists vs. Anti-Federalists -When the Constitution was made public, a huge debate began between people who opposed the Constitution (anti-federalists) and supporters of the Constitution (federalists). Anti-Federalists -Many Anti-federalists were small farmers and debtors. But some were wealthy. -The Anti-federalists main problem with Constitution was that there was no section guaranteeing individual rights.

32. Anti-Federalists
George Mason
Samuel Adams
Patrick Henry

33. Federalists -Federalists were supporters of the Constitution
Federalists -Federalists were supporters of the Constitution. -Many Federalists were wealthy planters, farmers and lawyers. -Federalists believed that the Constitution balanced various political powers. -One of the most important defenses of the Constitution appeared in a series of essays that became known as the Federalists Papers.

34. Federalist Papers George Washington
-These essays were written anonymously under the name Publius. -However, they were actually written by Alexander Hamilton, James Madison and John Jay.
George Washington
James Madison
Benjamin Franklin
Alexander Hamilton
John Jay

35. Ratification
-The Constitution needed only 9 votes (states) to pass it. -9/13 states = ¾ of the states -On December 7, 1787, Delaware became the first state to ratify the Constitution. -Several states ratified the Constitution only after they were promised that a bill protecting individual rights would be added to it. Amending the Constitution -This process requires that proposed amendments must be approved by a two-thirds majority of BOTH houses, and the ratified by three-fourths of the states before taking effect.

36. Bill of Rights
-By December 1791, the states had ratified the Bill of Rights (the first 10 amendments to the Constitution) -The Bill of Rights was added to the constitution as amendments, because is added to suit the will of the people