1. Creating a New Government
Chapter 5
Creating a New Government

2. Shay’s Rebellion Sept 1786-Jan 1787
Mass demanded taxes be paid in hard currency, hurt farmers who used barter and paper money
Many lost farms because of taxes, some thrown in prison
Farmers marched on state buildings, closed courthouse, tried to overtake arsenal, (retreated, 4 men died)
Called attention to problems of Articles

3. Population of States/Territories in 1787 (free and slave)

4. Constitutional Convention
Purpose was to REVISE Articles of Confederation – realized they needed to start over
Philadelphia – May, 1787
55 men from 12 states (none from RI)
Well educated, white, land owners, 30s and 40s
President - George Washington
James Madison – Father of Constitution (kept records)

5. Purposes of Constitution
Establish Legitimacy (in preamble, states all accept it)
Create Appropriate Structures (establish 3 branches)
Describe & Distribute Power (separation of powers)
Limit Government Power (federalism)
Allow for Change (amendments)

6. Underlying Principles
Popular Sovereignty – people control
Limited government – gov must obey and is NOT above law
Separation of Powers – 3 branches
Checks and Balances – each checks other
Federalism – power divided between fed and state go (expressed, reserved and concurrent)
Judicial Review – power to decide if laws are Constitutional

7. Preamble WHY are we writing the Constitution?
WHAT do we want it to do?
Review Do No Activity

8. Preamble – why is it written?
Form a more perfect union
Establish justice
Ensure domestic tranquility
Provide for the common defense
Promote the general welfare
Secure the blessings of liberty

9. Proposals VA Plan NJ Plan proposed many changes including 3 branches
executive appointed by Congress
Wanted representation by population
NJ Plan
closer to Articles
additional powers to Congress
Wanted equal representation for all states

10. Key Decisions – discussions kept secret
Set up 3 branches of government
Executive selected by Electoral College
Gave federal gov more power
Great Compromise – proposed by Sherman
Senate (equal for all states) NJ plan
House (based on population) VA plan
3/5 Compromise – slaves count as 3/5 of a person for population
Congress can’t outlaw slave trade until 1808

11. Final Document: Preamble – articulated purpose
Article 1 – sets up Legislative Branch
Article 2 – sets up Executive Branch
Article 3 – sets up Judicial Branch
Article 4 – states must respect one another, outlines how states created
Article 5 – allows for amendments
Article 6 – federal law rules
Article 7 – terms for ratification

12. Separation of Powers: 3 Branches
Legislative – Congress (create laws) 535 members, 25+, U.S. citizen, 2-6 year terms no limit
Executive – President, VP, cabinet, departments (enforce laws) 35+, US citizen at birth, 4 year terms 2 terms max
Judicial – Supreme and lower courts (interpret laws) no requirements, life term

13. Checks and Balances
Each has specific jobs and can “check” one another to ensure no one branch is too powerful
Examples: veto laws, congressional approval of presidential appointments, Congress declares war
Review chart

14. Federalism
Expressed Powers - (delegated) given to federal gov by Constitution
Reserved Powers – powers held for states by Constitution; anything not listed
Concurrent or shared – both federal and state can do

15. Fill in examples of federalism:
Expressed Reserved Concurrent

16. What next? Ratification
Sent to states on Sept. 17, 1787
Ratification required 9 states
Federalists supported (Washington, Madison)
Anti-Federalists opposed (Patrick Henry, Sam Adams)
The Federalist – series of essays supporting Constitution published in NY papers (Madison, Hamilton & jay)

17. To ensure Ratification
Created a Bill of Rights to get Anti-Federalists to support ratification
BOR protects individual freedoms from strong federal government (What are those rights??)
DE was 1st, NJ 3rd (Dec 18, 1787)
June 21, 1788 – when NH ratified
RI was last state to ratify on May 29, 1790

18. Amendments
Bill of Rights – added in 1791 to make Anti-Federalists happy (First 10 amendments; guarantees rights of citizens)
Amendments – added since 1791, change structure of government or protect rights

19. How are amendments made?
Proposal by:
2/3 of Congress OR
2/3 of delegates to a special convention, called for by Congress
Ratification by:
3/4 of states legislatures
3/4 of special ratifying conventions held in each state