1. UNIT 4 Writing A Constitution
The Philadelphia Convention of 1787 is considered part of the Constitutional Era

2. Key Terms
Constitution, a document that sets out the laws, principles, organization, and processes of a government
Bill of Rights, a list of freedoms that the government promises to protect
Execute, to carry out the laws
Ceded, to give up lands
Articles of Confederation, a very loose alliance of 13 individual states

3. Key Terms Currency, money
Land Ordinance of 1785, a system for settling the Northwest territory
Northwest Ordinance, a government for the territory that guaranteed basic rights to settlers and outlawed slavery
Depression, a period when business activity slows, prices and wages fall, and unemployment rises
Shay’s Rebellion, a 1786 revolt in Massachusetts led by farmers in reaction to high taxes

4. Sequence of Events Second Continental Congress meets
British forces are defeated and Revolutionary War ends
Philadelphia Convention commences
Election of the first President of the United States

5. The States Write Constitutions
Two Reasons
1- spell out rights of citizens
2- limit power of government
Virginia adds a Bill of Rights
1- trial by jury
2- freedom of religion
3- freedom of speech
Other states followed Virginia’s lead

6. Objectives of States and Colonies
Divide power
1- executive, all but Pennsylvania had Governors
2- Legislature, elected by the people
More people had right to vote
1- white males over 21
2- own certain amount of property Or
pay certain amount of taxes
3- for a time, New Jersey allowed some women to vote
4- a few states allowed property owning African Americans to vote

7. Articles of Confederation Problems
Continental Congress was drafting a plan for the nation
Felt it was needed to unite the nation in order to win independence
Problems:
1- hard to write and get all states to approve
2- States did not want to give up power to Central Government
3- did not view themselves as citizens of one nation

8. The Articles of Confederation
First American Constitution- created a loose alliance between the states
CONGRESS COULD:
1- declare war
2- appoint military officers
3- coin money, make
4- take care of foreign affairs

9. The Articles of Confederation
CONGRESS’ POWERS WERE LIMITED
1- nine states had to approve a law in order for it to take effect
2- could not regulate trade
3- had no power to tax, had to ask states
for money
4- states could not be forced to contribute
5- no president to carry out the laws
6- no federal courts to settle conflict
between states
A- states retained sovereignty
B- No President or Chief executive
C- only one representative per state
D- Considered as the League of Friendship

10. Dispute Over Western Lands
Maryland refused to ratify Articles unless states ceded land claims west of the Appalachian Mountains
Feared landed states would become too powerful
One by one states agreed to cede their lands
Virginia was last as Jefferson persuaded lawmakers to give up their claims
Articles of Confederation was ratified by Maryland in 1781 and the New America could at last go into effect

11. Weaknesses of the Confederation
1-By 1783, the United States had won it’s independence
2-The Revolution did not solve the Confederation’s problems
Conflicts Between States
1- disputes continued to develop
2- Central Government had no power to settle state to state problems

12. Weaknesses of the Confederation
MONEY PROBLEMS
1- United States had won its independence but at a cost of millions in debt to individuals and foreign governments
2- there was no way to repay loans
3- states often refused to give to the government
4- Continental dollars had little or no value
5- money was not backed by gold or silver
6- States printed their own money which caused confusion in other states as to the value

13. Weaknesses of the Confederation
OTHER NATIONS TOOK ADVANTAGES
1- Britain did not follow the terms of the Treaty of Paris
2- Refused to withdraw troops from Ohio Valley
3- Spain closed Port of New Orleans to American shipping
4- Port closures were a major set back for western farmers
A- Lack of an executive
B- Lack of Judiciary
C- Unable to collect taxes

14. Admitting New States
Congress passed laws on how to govern Northwest Territory
Lands north of the Ohio River and east of the Mississippi
Defined how they could become states

15. Land Ordinance of 1785
Territory to be surveyed and divided into townships
Townships divided into 36 sections of one square mile each
Sections would be sold for $ each
One section of each township was set aside to support public education

16. Land Ordinance of 1785
Chapter 7, Section 1

17. Northwest Ordinance of 1787
Provide way to admit new states
After 60,000 free settlers were in a territory they could request Congress to become a state
All states had equal footing with original states
In time, Ohio, Indiana, Illinois, Michigan, and Wisconsin were admitted as states from the Northwest Territory

18. A CALL FOR CHANGE
After the revolution the nation was in an economic depression
Farmers were hit hard, the war created a demand for their products and now there was none
Farmers had over borrowed and now they could not repay their loans
In Massachusetts, taxes were raised and courts seized farms for back taxes
Daniel Shays, a Revolution veteran organized a revolt in 1786
They attacked courthouses and prevented the state from seizing farms
Troops was sent in to drive them off

19. A Convention is Called
Shay’s rebellion was a sign that the Articles of Federation did not work
Leaders called for a convention to discuss changes
They met in Philadelphia in May 1787
The convention would create an entirely new framework of government

20. The Constitutional Convention
Philadelphia
May 25, 1787
Main Purpose- revise the Articles of Confederation
The Constitutional Era

21. Ideas Behind the Constitution
What did American leaders learn from studying ancient Rome?
What traditions of freedom did Americans inherit from Great Britain and from their own colonial past?
How did Enlightenment ideas shape the development of the Constitution?

22. the Founding Fathers Learned From Ancient Rome
Founding Fathers —the patriots who laid the groundwork for the United States, such as Madison and Jefferson.
They admired the Roman Republic. They created a republic, a government in which citizens rule themselves through elected representatives.
They admired Roman citizens who served the republic out of a sense of public service.
They saw the collapse of Rome’s republic as a warning. They wanted to avoid a dictatorship, a government in which one person or small group

23. Traditions of Freedom Magna Carta
English monarchs themselves had to obey the law. For example, the king could not raise taxes without consulting the Great Council.
English nobles—and later, other people—had rights, including rights to property and the right to trial by jury
English Bill of Rights
It stated that parliamentary elections should be held regularly.
It upheld the right to trial by jury.
It allowed citizens to bear arms.
It affirmed the right of habeas corpus, the idea that no person could be held without being charged with a specific crime.

24. The American Experience
Constitutional Tradition
Mayflower Compact, the first document of self-government in North America
written colonial charters
Revolutionary Era
memory of grievances against the English king, expressed in the Declaration of Independence
experience of the Second Continental Congress
experience with the Articles of Confederation
experience with state governments and state constitutions

25. Teachings of the Enlightenment
John Locke
Two Treatises of Government
All people have natural rights to life, liberty, and property.
Government is an agreement between ruler and ruled. The ruler must enforce the laws and protect the people.
If a ruler violates the people’s natural rights, the people have a right to rebel.

26. Baron de Montesquieu
The Spirit of the Laws
The powers of government should be clearly defined.
There should be a separation of powers, that is, the powers of government should be divided up among branches of government so no person or group gains too much power.
A government should have three separate branches—legislative, executive, and judicial.

27. Leading Delegates to the Convention
When the Constitutional Convention met on May 25, 1787, to consider a new system of government, every state except Rhode Island sent representatives
The Constitution was written

28. Revolutionary Leaders Present
Benjamin Franklin
1- oldest delegate, age 81
2- signed the Declaration of Independence
George Washington
1- president of the convention
2- lead colonial forces during Revolution

29. New Generation of Leaders
Nearly half of the 55 delegates were in their thirties
Alexander Hamilton
1- Had served as Washington’s private
secretary
2- he despised the Articles of
Confederation
3- he wrote “The Nation is sick and wants
powerful remedies”
4- he wanted a strong central government

30. New Generation of Leaders
James Madison
1- probably the best prepared delegate
2- he worked for months learning about
history, politics, and commerce
3- he was a quiet and shy young man but
very intelligent
4- he influenced others delegates on the
structure of a democratic government
5- Today he is often called the “Father
of the Constitution”

31. Secret Debates of the Constitutional Convention
Delegates wanted to keep debates secret from the general population
Wanted to be able to speak their minds freely
Explore issues without outside influences and pressures
To keep the talks secret, the windows remained shut which made room conditions extremely hot
An obvious precaution against danger would be to divide the trust between different bodies

32. Two Rival Plans
Virginia Plan Proposed by Edmund Randolph and James Madison of Virginia ___________________ Supported by the large states
New Jersey Plan Proposed by William Paterson of New Jersey ___________________ Supported by the small states

33. Two Rival Plans Strong national government with three branches
1- legislative- passes laws
2- executive- carries out laws
3- judicial- courts decide if law are carried out fairly
(SEPERATION OF POWERS)
Supported by small states

34. Two Rival Plans
Legislative- two houses ___________________ Seats awarded on state size __________________ Larger states to have more representatives
Legislative- one house
___________________
Each state gets one vote
Both would be equal representation

35. The Great Compromise
Large states wanted two houses of Congress with a state’s representatives decided based on population
Small states wanted a one house Congress and two senators for each state
The Compromise- a two-house legislature
Members of the lower house- House of Representatives- would be elected by popular vote
Seats would be awarded based on the states population
Members of the upper house- the Senate- would be chosen by state legislatures.
Each state would have two senators

36. The Great Compromise Three-Fifths Compromise
1- Southerners wanted to include slaves in the
population count to determine seats in the House
even though they could not vote
2- Northerners objected since slaves could not vote they should not be counted
3- The Compromise- three fifths of the slaves in any
state could be counted to determine representation and taxation

37. The Great Compromise The Slave Trade
1- Northerners wanted to ban slave trade
2- Southerners said a ban on the slaves
would ruin the economy
3- The compromise- Congress would not
outlaw the slave trade for at least 20
years
4- After 20 years, Congress could regulate
the slave trade
5- No state could stop a fugitive slave from being
returned

38. Signing the Constitution
Many difficult questions faced the delegates
1- How many years should the President serve
2- How should the system of federal courts be organized
3- Should members of Congress be paid

39. Ratification and the Bill of Rights
What were the key issues in the debate between the Federalists and the Antifederalists?
How was the Constitution finally ratified?
How was the Bill of Rights added to the Constitution?

40. Key Issues in the Debate Between Federalists and Antifederalists
for a strong federal, or national, government.
The Constitution gave the national government enough power to function effectively.
The Constitution still protected the rights and powers of the states.
James Madison, Alexander Hamilton, and John Jay wrote a series of essays—The Federalist Papers -to explain, defend, and promote the Constitution.
The Constitution already protected the rights of citizens well enough.
Argued for a strong Central Government
Published anonymonsly

41. Antifederalists Anti-federalists against the Constitution.
The Constitution made the national government too strong.
The Constitution made the states too weak.
Insisted upon a Bill of Rights
Patrick Henry gave a speech saying that, under the Constitution, the President had too much power and that someday a President might try to become king.
The Constitution had no bill of rights to protect natural rights, such as freedom of speech and religion.

42. The first election under the Constitution for President and members of Congress was held in January 1789.
The first Congress met in New York City. Congress turned its attention to a bill of rights.

43. A Bill of Rights Was Added
To amend, or change, the Constitution, Congress followed the process established in the Constitution.
Congress proposed twelve amendments.
The amendments went to the states for their approval/ratification

44. A Bill of Rights Was Added
By December 1791, three fourths of the states had ratified 10 of the 12 amendments.
These 10 amendments became known as the Bill of Rights.

45. First Amendment
Safeguards individual rights —freedom of religion, speech, the press, the right to assemble peacefully, the right to petition the government to change its policies.

46. Second Amendment
“A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”

47. Third Amendment
Congress may not force citizens to put up troops in their homes. A grievance listed in the D.O.I. which resulted from the Quartering Act

48. Fourth Amendment
Citizens are protected from unlawful searches of their homes and property

49. Fifth Amendment
People cannot be forced to incriminate, or give evidence against, themselves.

50. Sixth Amendment
People are guaranteed the right to a speedy and public trial by a fair jury.
The accused have a right to know the charges against them and who is making the charges.

51. Seventh Amendment
Provides for juries in civil, or non criminal, trials.
6th and 7th Amendments over rule pretended offenses

52. Eighth Amendment
Forbids excessive bail or fines and “cruel and unusual punishments.”

53. Ninth Amendment
Makes clear that citizens rights are not limited to those listed in the Constitution.

54. Tenth Amendment
All powers not given to the national government or denied to the states are reserved for the states or for the people.

55. The Writing of the Constitution
CAUSE

56. Articles of Confederation creates weak national government
Trade and money problems arise between states
Foreign nations take advantage of weak government
Shays’ Rebellion breaks out
Convention meets to revise Articles of Confederation

57. EFFECTS

58. New government includes President and two-house legislature
Power is divided between national and state governments
Compromises allow slavery to continue
States debate and ratify Constitution
Bill of Rights is added

59. EFFECTS TODAY

60. United States is world’s oldest continuing constitutional democracy
Debate about federal versus state power continues
Amendments extend rights to more citizens
New democracies look to the Constitution as a model