1. Chapter 5 Shaping a Nation
Section 1 Experimenting with Confederation
Section 2 Drafting the Constitution
Section 3.Ratifying the Constitution

2. Republicanism Basis for a Republic. Republic: Republican:
The masses of people would not be able to handle a democracy because they were too uneducated to deal with the power.
Republic:
Government in which citizens rule through their elected representatives—who placed the power in the hands of capable and educated leaders.
Republican:
Idea that governments should be based on the consent of the governed people.

3. Continental Congress Debates
Drafting a constitution proved difficult because they had to decide on three important issues:
Issue 1 faced by Continental Congress
Representation by population or by state? Dilemma—if by population some states were going to have the upper hand because populations vary and if by state then too much power would be exercised by smaller populated states.

4. Continental Congress Debates
Issue 2:
Supreme Power: Can it be divided?
Initially the belief was that power could not be divided that either the states or some superior government would have the ultimate power. Chose a confederation. “Articles of Confederation”
What is a confederation?
An alliance limiting the power of the national government, but the states would have the majority of power that affected their individual populations.

5. Continental Congress Issue 3: Who gets the Western lands?
Some states had claims to the land, so agreed on the
Land Ordinance of 1785:
Provided a plan for dividing the land and providing a means for small landowners to afford the land. Thus the Ordinance was a plan for dividing territorial land by providing surveys of the land.
What was the Northwest Ordinance of 1787 and what did it do?
Setting the criteria for new states to be formed out of the territories.
Established a clear, orderly process and guaranteed that all states would be equal

6. Political Problems Faced by the Confederation
(1) Confederation lacked national unity—each state acted independently by pursuing its own interests rather than the interests of the nation as a whole,
(2) Did not recognize the differences in population among the state-- in the new confederation congress, each state given only one vote.
(3) Articles could not be amended without unanimous consent making it impossible to change the government. (Rarely did all delegates attend sessions)

7. Economic Problems Faced by the Confederation
Huge debt having borrowed huge sums of money from foreign countries,
Having printed its own money during the war the money was relatively worthless,
The congress had no power to tax therefore had no method of obtaining the necessary money to pay the debt,
No power to regulate interstate or foreign commerce

8. Problem Between Creditors and Debtors
Creditors wanted high taxes leaving the borrowers more deeply in debt
In a court battle between the two if the creditor won this would leave the farmers exposed to having the creditors take their land as collateral
Could put the farmers out of business and out of livelihood.

9. Problems in Foreign Relations
The US could not pay its foreign debt to British merchants and would not compensate Loyalists for loss of property—British refused to evacuate its forts on the Great Lakes
Spain owned the land to the West where the US would need to expand and in 1784 Spain closed the Mississippi River to trade denying Western farmers the mode of shipping their crops to Eastern markets.

10. Weaknesses under the Articles
Confederation lacked national unity
No cooperation with regard to the need for the whole.
Articles could not be amended without unanimous consent
The congress had no power to tax
No power to regulate interstate or foreign commerce
No central leadership--executive body was a committee
No method of internal security
Shay’s Rebellion

11. Successes Under the Articles
Signed a peace treaty ending the Revolutionary War.
Land Ordinance of 1785
Northwest Ordinance of 1787

12. Section 2 Drafting the Constitution

13. Events Leading to a Change
Shay’s rebellion
Farmer’s protest led by Daniel Shay with an army of farmers forcing the courts to close
Dispute showed the inability of the government to provide national security
General inability to govern.
Conflicts between the states over trade and taxes on exports and imports

14. The Annapolis Convention
Started with George Washington inviting representatives from Maryland and Virginia to discuss money crises between the states
So successful that another meeting was called in Annapolis Convention
Mainly to discuss commerce policy
Persuaded delegates to call another convention in Philadelphia in 1787
Purpose to regulate commerce
Sole purpose was to revise the Articles

15. The Constitutional Convention
Began May 25, 1787
All states but Rhode Island attended
RI--smelled a rat
74 delegates appointed from the states
55 delegates attended (lawyers, merchants , planters – wealthy and educated with experience)
James Madison - Notes source of what we know--Father of the Constitution

16. Organization and Conduct
George Washington chosen to preside
Each state would have only one vote regardless of the size of its delegation
Simple majority votes would decide issues
Meetings had to have at least 7 states represented to conduct business
Meetings were to be closed off

17. Debating Central Issues
All agreed to abandon the Articles of Confederation
Consensus on
Limited and Representative Government
Separation or division of powers among the three branches
Limited state’s powers
Stronger National Government
Had two questions to consider:
How could they strengthen the national government while preserving the rights of the states?
How could it balance conflicting interests of different groups within society?

18. Decisions and Compromises
Big states vs. small states
Virginia Plan – favored large states basing representation on population
New Jersey Plan – favored small states giving each state one vote
Connecticut Compromise (Great Compromise) – Bicameral legislature with two houses, one based on representation and one with equal representation
Three-fifths Compromise
Issue of counting a state’s slave population for representation purposes and for taxing purposes
Agreed to count 3/5 of a state’s slave population when determining overall population
Slavery – agreed not to outlaw slavery until 1808

19. Connecticut Compromise
Bicameral legislature
Lower House--House of Representatives
Representation based upon population
Initiate all revenue bills
Upper House--Senate
Two members from each state
State legislatures would elect senators
Fair and balanced between small and large states

20. The Question of Slavery
Such a hot issue the Constitutional Congress really delayed the slavery question.
North in general had either outlawed slavery or, as in Pennsylvania, taxed it out of existence.
South’s economy depended upon it because it had become entrenched

21. Creating a New Government
Form of Federalism, dividing power between the national government and the states
Delegated powers (enumerated powers) are those given to the federal government
Foreign affairs, providing national defense, regulating trade, coining money
Reserved powers – those not given to the national government are reserved for the states
Ex. Supervising education

22. Separation of Powers Three different branches
Executive – execute or carry out laws
Judicial – courts hearing cases to provide justice
Legislative – make laws
System of checks and balances
Use the electoral college to choose the President – fear of the uneducated masses
Changing the Constitution
Allowed it to pass the test of time through the amendment process

23. Ratifying the Constitution
Under Articles required unanimous consent
Ratification (official approval by the people of the U.S.) required only 9 of 13 to go into effect
What would happen to those who did not ratify it? Independent nations?
New Hampshire was the Ninth to ratify by June 21, became effective – new government a reality in 1789
Although effective, VA and NY (two prominent states) had not ratified it
Required some public debates but both did
RI was the last, May 29, 1790

24. Two Sides Federalist Anti-federalist--did not support ratification
Favored ratification
Consisted of the Founders
Merchants and people in coastal areas supported because of the need to regulate trade
Anti-federalist--did not support ratification
Inland people mainly farmers – saw little benefit in strong central government
Extralegal document
Wanted a Bill of Rights
Federalist Papers – 85 essays written in support of ratification by John Jay, James Madison, Alexander Hamilton