1. Shaping a New Nation
Chapter Five

2. Section One: Experiment with Confederation
Colonists ….
Fear strong central government
Believe democracy gives too much power to uneducated
Prefer republican form of government-citizens rule through representatives
-The task of creating a new gov’t was a challenging one. One of the main issues was the relationship b/t the new states and the national govt
-As the colonies become states they were reluctant to unite under a strong central govt. The challenge was to form a central govt that balanced the interests of the states
-18th century Americans believed a democracy placed too much power in the hands of the uneducated masses. Therefore, they favored a republic—a govt in which the citizens rule through their elected representatives.
-Republic where citizens rule through representatives—write it in

4. State Constitutions Limit power of the government
Guarantee specific rights
Stress liberty not equality
As states created their own constitutions, they debated with how to put republican ideals into practice.
-Many limited the powers of govt leaders.
-They gave certain rights to citizens including freedom of speech, religion, and the press.
-They emphasized liberty rather than equality and reflected a fear of centralized authority.

5. Important issues…….. Representation – by state or population?
Supreme Power – can it be divided?
Western Lands – who gets them?
-The Continental Congress debated on several important issues in writing the 1st constitution.
-These issues will be addressed further in the following slides.
-States were unequal by size, wealth, and population. These differences posed a serious problem. Should delegates to a new govt represent people or states? Should each state elect the same number of delegates regardless of its population? Or should states with larger populations have more representatives than states with smaller populations?
-Supreme power-can it be divided? Most people at this time assumed that a govt could not share supreme power with smaller units like states. However, the Congress proposed a new type of govt in a set of laws called the Articles of Confederation.
-By 1779, 12 states had agreed to accept the new govt, but the conflict remained over western lands remained. Some states had claims to lands west of the Appalachian mts. Maryland had no such claims but feared the states with land claims would expand and overpower smaller states.
-We will talk about each of these issues that were discussed by the Continental Congress.

6. Representation
Congress believed that it spoke for every state - each state gets one vote
-States were unequal by size, wealth, and population. These differences posed a serious problem. Should delegates to a new govt represent people or states? Should each state elect the same number of delegates regardless of its population? Or should states with larger populations have more representatives than states with smaller populations?
For the time being, the CC decided they were representing individual states and made the decision that states would have one vote regardless of population.

7. Articles of Confederation
Articles of Confederation – 1st plan of government
Confederation – loose union of states – power remains shared b/t state and central gov’t (alliance)
National government handles war, treaties, weights and measures, mail
No executive branch or court system
--Supreme power-can it be divided? Most people at this time assumed that a govt could not share supreme power with smaller units like states. However, the Congress proposed a new type of govt in a set of laws called the Articles of Confederation. One law was in which two levels of govt shared fundamental power. State govts were supreme in some matters, the national govt in others. The delegates called this new type a govt a confederation or alliance.
The Articles of Confederation was a document that was adopted by the 2nd Continental Congress in 1777 and finally approved by the states in 1781 that outlined the form of govt of the new nation. This govt had to deal with the Supreme Power issue.
-STRENGHTS: The Articles of Confederation gave the new national govt the power to declare war, make peace, sign treaties, borrow money, set standards for coins, weights and measures, establish a postal service, and deal with Native Americans.
-The Articles gave no separate executive dept to carry out and enforce the acts of Congress and no national court system to interpret the meaning of laws
A confederation is an alliance—

8. Western Lands
Land Ordinance of 1785 creates plan for surveying western lands
Northwest Ordinance of 1787 – plan for statehood out of territories
land_ceded.pdf
landord_1785.pdf
-By 1779, 12 states had agreed to accept the new govt, but the conflict remained over western lands remained. Some states had claims to lands west of the Appalachian mts. Maryland had no such claims but feared the states with land claims would expand and overpower smaller states. It refused to approve the Articles until all the states turned over their western lands to the U.S.
-The landed states gave up their western claims and the Articles of Confederation went into effect in March 1781.
-The Congress then faced the problem on how to govern these western lands. Congress passed the Land Ordinance of 1785 which established a plan for surveying and dividing up the land to sell. The ordinance made the land parcels small enough so people could afford to buy them and the govt could use this money from selling the land to fund programs like public education. One section of the 36 square mile area was set aside for a teacher and a school.
-The govt would 1st survey the land, divide it into townships of 36 square miles, and then divided into 36 sections of one square mile (about 640 acres). An individual or family could purchase a section and divide it into farms or smaller units. A typical farm was about 160 acres. The minimum price for an acre was one dollar.
-The Northwest Ordinance further helped the Land Ordinance’s development by establishing how states would be created from the territory.
It dealt with the land west of the Appalachians and above the Ohio River. There were 3 stages for becoming a state: 1) Congress would appoint a territorial governor over judges. 2) When a territory had 5,000 voting residents, the settlers could write a temporary constitution and elect their own govt. 3) when the total population reached 60,000 free inhabitants, the settlers could write a state constitution which had to be approved by Congress before it was granted statehood.
-The Land Ordinance of 1785 and the Northwest Ordinance of 1787 became the Articles of Confederation’s greatest achievements. These laws established a blueprint for future growth of a nation.

9. THIS MAP SHOWS HOW LAND WAS DIVIDED IN PACELS

10. Weaknesses with the Articles of Confederation…
Problems:
Cannot unify states
Large debt from the war
weaknessconfed.pdf
-The biggest problem with the Articles was that it could not bring national unity.
-Each state functioned independently by seeking its own interests rather than those of the nation as a whole. In addition, the Confederation didn’t recognize the differences in state populations.
-The Articles couldn’t be amended unless all states agreed (13 votes) so changes in govt were difficult to achieve.
-The most serious economic threat with the Articles was the huge debt that Congress had amassed during the Revolutionary War. The war had cost $190 million and Congress had borrowed from other countries and printed its own paper money. After the war, Continental currency became worthless. The Congress lacked the power to tax and the Congress had to ask the states approval to impose a tariff or tax on imported goods. It planned to use the money to repay foreign loans. However, one state, Rhode Island, rejected the proposed tax, so it was not adopted. Unable to impose taxes, the CC had no control over interstate or foreign trade.
More problems…..
Foreign relations….
Cannot pay debts to British merchants
British refuse to leave forts on Great Lakes
Spain closes Mississippi River to U.S. ships—halts westward expansion because western farmers couldn’t ship their crops to Eastern markets through New Orleans.
-These foreign problems helped reveal the weaknesses of the Articles of Confederation. American’s fear of giving the national govt too much control had resulted in a govt that lacked sufficient power to deal with the nations problems. The forthcoming Constitutional Convention would change this.

11. Section Two: Drafting the Constitution
Articles of Confederation are too weak to hold the states together
No executive
Cannot levy or collect taxes
No court system to settle disputes between states
All states must agree to amend
Tell Students to write some of these in their notes where as Problems with the Articles are
No power to regulate trade
One vote per state regardless of population

12. United States of America Articles of Confederation

13. Why did the Articles of Confederation fail? Courts (Judicial Branch)
The nation lacked a national court system.
Supreme Court

14. Why did the Articles of Confederation fail?
President (Executive Branch)
The nation did not have a President, or Chief Executive.
White House

15. Shays’s Rebellion (p.140) Q. What was Shays’s problem?
Heavy debt that he blamed on high taxes and he was about to lose his farm.
What did he try to do about it?
Led an army to close the courts and to try to capture the arsenal to begin a revolt.
What was the result?
A. It failed, however, it did call attention to the fact that the government (central) was too weak and needed to be changed.
-Daniels Shays led an army of farmers to close the courts so they wouldn’t take their farms for not being able to pay the high taxes on them. In 1787, Shays’s army of 1,200 marched toward the arsenal at Springfield Massachusetts. –State officials called out the militia and four of the rebels were killed and the rest scattered.
-Shays’s Rebellion caused panic and dismay throughout the nation. Every state had debt-ridden farmers. Would rebellion spread elsewhere? The nations new republic was in danger. It was time to talk about a stronger national govt. In order to prevent an abuse of power, the states had placed such severe limits on the govt that it was too weak.
A mob of discontents seizing a courthouse during Shays’s Rebellion, an uprising in western Massachusetts.

16. 3. Record facts in your focus circle
Call for a Convention
Focus
Draw a large circle
2. Read about the convention and highlights on page 141
Constitutional convention
-55 Delegates from all states except Rhode Island came to Philadelphia in May 1787 to revise the Articles of Confederation. Washington was chosen as the president of the convention. Alexander Hamilton convinced everyone that the Articles had to be scrapped and another document created.
• Shays’s Rebellion leads 12 states to join Constitutional Convention
-The delegates were lawyers, planters, merchants, rich, well-educated men in their 30-40s.
-One issue was trade b/t the states, which led to fights over taxes the states imposed on another’s goods. Leaders James Madison of VA and Alexander Hamilton called a meeting to discuss interstate trade. This issue would be later discussed in the convention in Philadelphia.
-To preserve the secrecy of the convention, chaperones were appointed to go with Ben Franklin to dinner parties because they thought the aging Franklin might disclose details of the meetings.
-James Madison will come to be considered the “Father of the Constitution” b/c of his Virginia Plan and his leadership of keeping records of the debates at the Convention.
3. Record facts in your focus circle

18. Founding Fathers??

19. Delegates to the Constitutional Convention gathering
before the Pennsylvania State House (now, Independence Hall) in Philadelphia in 1787.

21. Key Conflicts in the Constitutional Convention
Strong Central Gov’t vs. Strong states
Central government should have more power than the states
The states should remain stronger than the central gov’t
Most delegates recognized the need for a stronger central govt. Within 5 days the delegates gave up on the idea of revising the Articles of Confederation and decided to form a new govt.

22. Key Conflicts in the Constitutional Convention
Big states vs Small states
Congress – one house based on equal representation
Congress – two houses based on population
Small states said each state should have one vote

23. Virginia Plan Proposed …. Bicameral legislature (2 house Congress)
Membership based on population
…….favored large states
-James Madison’s Virginia Plan proposed a bicameral, or two-house legislature with membership based on each state’s population. The voters would elect members of the lower house, who would then elect members of the upper house.
-Delegates from the smaller states objected to the Virginia Plan because it gave more power to the states with large populations. Small states supported William Patterson’s New Jersey Plan.

24. New Jersey Plan Proposed……. Unicameral legislature……(one house)
Based on equal representation (each state gets one vote regardless of population)
…….favored small states
Small states supported William Patterson’s New Jersey Plan.
-Proposed a single house congress in which each state had an equal vote.

25. The GREAT Compromise
Also known as the Connecticut Compromise….determines a state’s representation in Congress
Proposed a two house legislature
- House of Representatives – based on population
- Senate – based on equal representation
-Finally, Roger Sherman, a political leader from Connecticut, suggested the Great Compromise, which offered a 2-house congress to satisfy both big and small states.
-Each state would have equal representation in the Senate (or upper house). The size of the population of each state would determine the representation in the House of Representatives (lower house). Voters would choose members of the House of Reps. The state legislatures would choose members of the Senate.
-Sherman’s plan pleased everyone!
-THE GREAT COMPROMISE WAS A PLAN TO DETERMINE A STATES REPRESENTATION IN CONGRESS

26. Key Conflicts in the Constitutional Convention
North vs South
Slaves should not be counted for representation
Slaves should be counted for taxation
Slaves should be counted for representation
Slaves should not be counted for taxation
Slavery-Related Issues
• South wants slaves in population count for House, not for taxes
• North wants slaves in population count for taxes, not for House
dist_slaves.pdf

27. Issue of Slavery
The issue of abolition was avoided for fear that Southern states would walk out and the government would collapse?
Should slaves be counted for…..taxation?
…..representation?

28. Three-Fifths Compromise
Proposed that 3/5 of each state’s slave population be counted for representation and taxation.
Southern states still worried that Congress would find a way to end slavery
Slavery-Related Issues
• Three-Fifths Compromise allows 3/5 of state’s slaves to be counted
• Congress given power to regulate foreign trade but to appease the South who feared Congress would do away with slavery, the Congress Cannot interfere with slave trade for 20 years

29. Constitution and Compromise
Respond to this statement……
“The Constitution is a result of compromises.”

31. Division of Powers
Federalism….divides powers between the national government and state governments.
State
Federal
-After dealing with the issue of representation, the delegates dealt with other issues like dividing power b/t the states and the national govt and separated the national govt’s power into 3 branches
-The new system of govt was a form of federalism that divided powers b/t national and state govts.
-The powers granted to the national govt by the Constitution are known as delegated powers or enumerated powers. These include powers such as control of foreign affairs, providing for national defense, regulating trade b/t the states, and coining money.
-Powers kept by the state are called reserved powers. They include providing and supervising education, establishing marriage laws, and regulating trade within a state.
-Shared powers: National and state govt share the right to tax, to borrow money, to pay debts, and establish courts.
Shared

32. Separation of Powers
Separated powers into three branches of government…Checks and Balances: no one branch becomes too powerful…
Checks and Balances Flow Chart from George Cassutto's Cyberlearning World
Executive Branch –
Enforces the laws
-The delegates limited the power of the national govt because they feared if one person or group held all the power they could abuse it too easily. The national govt was separated into three branches and a system of checks and balances was est. to prevent any one branch from becoming too powerful.
-Checks and Balances: The president is the Commander-in chief of the armed forces but only Congress can declare war. The president can veto Congress’s decisions but the Congress could override a veto with 2/3 vote. The senate has to approve some of the Presidents decisions. The supreme court assumes the power to interpret the Constitution, but the president appoints the justices and Congress can bring them to trail for abuses of power.
-The entire Constitution is displayed at the National Archives in Washington, D.C. only once a year on Sept. 17, the anniversary of the date it was signed. On other days, the 1st and 4th pages are displayed in a bulletproof case. At night they are lowered into a vault strong enough to withstand a nuclear explosion!
-The Founding Fathers were heavily influenced by French philosopher Charles Secondat, Baron de Montesquieu when drafting the Constitution, most notably in connection with the separation of powers
Legislative Branch –
Makes the laws
Judicial Branch –
Interprets the laws

33. Electing the President…..
What were the two main concerns about electing a President? P.144
Answer: The vote would be divided among regional candidates and the common people would vote the upper class out of power.
-The procedure for electing the president reflected two main concerns;
Because there were no national political parties and because travel and communication were limited, there was a fear that the popular vote would be divided among many regional candidates.
Many among the upper classes distrusted and feared the lower classes. Some did not trust the lower classes to vote wisely; others trusted them to vote the upper class out of power.
-So the delegates came up with a new system of electing the president. Instead of voters choosing the president directly, each state would choose a number of electors equal to the number of senators and representatives the state had in Congress. The group of electors chose by the states are known as the electoral college, and would cast ballots for the candidates. At the present time the total of state and District of Columbia electors is 538; a simple majority of 270 is necessary for election to the presidency.
-The electors have only one responsibility: to select the president and vice president. Each presidential candidate has a slate of electors assigned to that candidate. When the candidate wins the popular vote in a state or the District of Columbia, the electors assigned to that candidate are the ones who vote in the electoral college. To do so, they meet in their respective states or the District of Columbia about five weeks after the November presidential election to cast their votes. Normally, the meeting is a mere formality. The electors vote for the presidential candidate who received the greatest number of votes in their state. The electoral college simply ratifies the results of the popular vote.
-In most cases the candidate who wins the popular vote also wins the electoral college vote. If the election is close, however, as was the election of 2000, the electoral college may end up picking a candidate who did not receive most of the popular vote (see Disputed Presidential Election of 2000). The candidate who wins the presidency is the one who wins a majority of the electoral college votes, rather than a majority of the popular vote. On four occasions in U.S. history—in 1824, 1876, 1888, and 2000—the candidate with the most popular votes did not win the presidency because he did not win the most electoral college votes. This is because Americans do not directly elect their president and vice president. If Americans directly elected their president, then the candidate with the most votes would automatically win.

34. Section 3: Ratifying the Constitution
Required at least nine states to ratify….
Federalists – supported the new Constitution
Anti-Federalists – opposed the Constitution
-Each state was required to hold a special convention where the voters elected delegates to ratify the constitution.
-Ratification (the official approval) of the Constitution required at least 9 states.
-Supporters of the Constitution called themselves Federalists because they favored the new Constitution’s balance of power between the states and the national govt.
-Their opponents became known as Antifederalists because the opposed having such a strong central govt and thus were against the Constitution

35. The Arguments….. Antifederalists Federalists
Contrast the arguments of the two groups…p.146
Antifederalists
Federalists
-Federalists: Pro Constitution; division of power and checks and balances would protect Americans from the tyranny of centralized authority;
-Anti-Federalists: Anti Constitution; said possible abuses of power could occur by a strong govt; fear govt would serve the interests of the privileged minority and ignore the rights of the majority; raised doubts that a single govt could manage the affairs of a large country; and their leading argument was the Constitution lacked protection of individual rights.
-Leading Federalist included framers of the Constitution such as George Washington, James Madison (1st Secretary of State), and Alexander Hamilton, small states with weak govts
-Leading Antifederalists included Patrick Henry, Samuel Adams, Richard Henry. Large states who had power and strong economies

36. The Federalist Papers
The Federalist was a series of 85 essays defending the Constitution and appeared in New York newspapers b/t
Both sides waged a war of words in a public debate over the Constitution. The Federalist was a series of 85 essays defending the Constitution and appeared in New York newspapers b/t
-Written by Alexander Hamilton, James Madison, John Jay. Explained Constitutional provisions like the Checks and Balances and Separation of Powers.

37. The Bill of Rights
The Constitution did not protect individual rights….
The Federalists promise the Anti-federalists a Bill of Rights will be added to the Constitution, guaranteeing individual rights
Anti-Federalists argued that since the Constitution weakened the states, the people needed a national bill of rights. They wanted written guarantees that the people would have freedom of speech, press, religion. The demanded the assurance of a trial by jury and the right to bear arms. The Federalists gave in and promised to add a bill of rights.
-The Constitution was ratified in 1789.
Adoption of a Bill of Rights
• 1791, Bill of Rights, or first ten amendments, ratified by states
• First Amendment—freedom of religion, speech, press, politics
• Second, Third—right to bear arms, no quartering of soldiers
• Fourth through Eighth—fair treatment for persons accused of crimes
• Ninth—people’s rights not limited to those mentioned in Constitution
• Tenth—people, states have all rights not specifically assigned

38. The Bill of Rights
Create a graphic organizer that illustrates the Bill of Rights……
P.149, P. 166
Adoption of a Bill of Rights
• 1791, Bill of Rights, or first ten amendments, ratified by states
• First Amendment—freedom of religion, speech, press, politics
• Second, Third—right to bear arms, no quartering of soldiers
• Fourth through Eighth—fair treatment for persons accused of crimes
• Ninth—people’s rights not limited to those mentioned in Constitution
• Tenth—people, states have all rights not specifically assigned