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“The Critical Period” 1781 - 1789 The early years of the American Republic
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America after the War New Political Ideas: - Greater power for the people Republic: Represent the Public
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America after the War State Governments rule supreme All States had a constitution (written law)
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America after the War: State Constitutions Checks and Balances” – to prevent a group from becoming too powerful (separation of powers)
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Expanded Voting Rights – Still only white men could vote America after the War: State Constitutions
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Bill of Rights – Guaranteed the rights of people America after the War: State Constitutions
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Slavery Development of abolition movement in the north Quakers begin the first Anti-Slavery Society
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Women Expanded role: – “Republican Motherhood” – Disenfranchised – Abigail Adams
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Potential problems facing the young nation Foreign Policy Economic Problems Domestic Policy
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Problems: Foreign policy England: controlled trade, and still maintained a presence in America Spain: controlled access to the Mississippi River, controlling the trade of Northwest farmers France: Demanded repayment of debt Pirates: Raiding American ships
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$$ Economics $$ Huge debt from war: Individual states and the national congress owed great sums of money High inflation: American money was virtually worthless Farm foreclosures: Patriots could not afford to pay back loans
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The Young Nation Should the new nation be 13 independent countries or is it one united country?
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The Young Nation During the Constitutional Era, the Americans made two attempts to establish a workable government based on republican principles. American political leaders, fearful of a powerful central government like Britain’s, created the Articles of Confederation, adopted at the end of the war.
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The Achievements of the Confederation Congress In November of 1777, the Continental Congress adopted the. Articles of Confederation and Perpetual Union. This was a plan for a loose union of the states under Congress. The Articles set up a weak central government The Confederation Congress met just once a year.
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Source of the Problem
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The Articles of Confederation America’s 1st national government: The basic law of the country from 1781 until 1789, when it was replaced by the U.S. Constitution
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“The Articles of Confederation gave Congress the privilege of asking everything & gave the states the prerogative of granting nothing” -Robert Morris
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Discussion Question Identify the major weaknesses of the Articles of Confederation which rendered it inadequate.
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Struggles under the Articles of Confederation AreasWeaknessConsequences Executive No central authority No one to enforce the laws Judiciary No federal court system Inability to settle disputes among states Taxes Congress could not impose or collect taxes No money to run the country
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Struggles (cont) Trade Congress could not regulate trade between states Each state had its own trading laws and taxes Representation Each state, regardless of population, had only one vote in Congress The large states had no power over the little states
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The Achievements of the Confederation Congress The Confederation Congress had the power to declare war, raise armies, and sign treaties. It did not have the power to impose taxes or regulate trade. The only way the Congress had to raise money to pay its debts was to sell its land west of the Appalachian Mountains. Congress arranged this land into townships to make it easier to divide, sell, and govern.
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Land Ordinance of 1785 Divided up western lands into townships and set aside land for public schools
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The Achievements of the Confederation Congress The Congress also set up the Northwest Ordinance as a basis for governing much of this territory. The ordinance created a new territory north of the Ohio River and east of the Mississippi River, which could become three to five states. When the population of a territory reached 60,000, it could apply to become a state.
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Northwest Ordinance Land North & West of the Ohio River
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Northwest Ordinance Established how territories became states Banned Slavery in Northwest Territories Sale of land to pay national debt & create public schools
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Successes of the Articles of Confederation Treaty of Paris: ended the Revolutionary War. Northwest Ordinance (1785 & 1787):
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Conflicting Powers of the Articles of Confederation Congress could: – Raise armies – Declare War – Sign treaties Congress could not: – Raise revenue through taxes – Regulate trade or collect tariffs – Enforce its own laws – Settle disputes between states
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The Congress Falters After the Revolutionary War, British merchants flooded American markets with inexpensive British goods which drove many American artisans out of business. American states imposed duties (taxes) on imported goods. The states did not all impose the same taxes so the British would land their goods at the states with the lowest taxes or restrictions.
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The Congress Falters Because the Confederation Congress could not regulate commerce, the states set up customs posts on their borders and levied taxes on other states’ goods. This weakness of the Confederation threatened the union of the states. The federal government had no powers over the states and could not force them to pay their debts to Britain or return Loyalist property.
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The Congress Falters The British retaliated by refusing to leave American soil as promised in the treaty. Since Congress could not regulate trade, it could not force the British into settlement. The end of the Revolutionary War and the slowdown of economic activity with Britain caused a severe recession in the United States.
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The Congress Falters To pay for the war, many states had issued bonds as a way to borrow money. To pay back the bondholders, many people urged the states to issue paper money. States did not have the gold and silver to back paper money and so the paper money greatly declined in value.
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Shays‘s Rebellion Shays’s Rebellion broke out in Massachusetts. It started when the government of Massachusetts decided to raise taxes to pay off its debt instead of issuing paper money. The taxes hurt the farmers most and those who could not pay their taxes and other debts lost their farms. Daniel Shays led the rebellion.
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Shays’s Rebellion They went to a state arsenal to get weapons. A government militia defended the arsenal killing four farmers. Many Americans began to see the risk of having a weak central government. They called for a change in government.
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Shays’s Rebellion Causes: Increased taxes Foreclosure on farms by banks Stirs memories of………..
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England
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Shays’s Rebellion Effects: – Convinces people of the need to Strengthen national government
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Shay’s Rebellion Farms were taken away from them because they couldn’t pay their debts. Farmers revolted Closed down courts so homes could not be taken away from them. Why couldn’t the Congress help to stop Shay’s Rebellion?
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Failure of the Articles 1) America had a huge debt: 2) Couldn’t stop fighting between states Couldn’t pay our bills Not United
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Failure of the Articles Our Government was: Too Weak Almost impossible to change the laws It could NOT protect peoples rights to: Life, liberty, and the pursuit of happiness
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Which weakness do you think hurt the new government the most?
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The Constitutional Convention All states, except Rhode Island, sent delegates to the Constitutional Convention held in Philadelphia in 1787. Most of the 55 delegates to the Constitutional Convention had experience in government. George Washington was presiding officer. James Madison kept records of the debates. The meetings were closed to the public.
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Constitutional Convention (1787) Philadelphia All states except Rhode Island George Washington: President of Convention (presiding officer) James Madison: “Father of Constitution”
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The Constitutional Convention Leaders were all appointed by the state legislatures, whose members had been elected by voters who could qualify as property owners. 55 delegates convened on May 25, 1787 in the Philadelphia statehouse, most all were men of high prestige and conservative Jefferson, in Paris, called the group a “convention of demigods”
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Divisions at the Convention What are we doing here? Revise the Articles OR Write a new Constitution
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Articles of Confederation Went against Congress’s explicit wish to revise the govt. not replace it, states were now in danger of losing their sovereignty. In effect, U.S. government was peacefully overthrown
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Hot Topics Representation – Large States vs Small States
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Stronger New Government National principle: – National government should be stronger than the states
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Hot Topics (cont) Slavery – North vs South
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Two Plans for Government Virginia Plan (Big State) Three Branches of Government Executive, Legislative, Judicial Bicameral Legislature (Two houses) # of Reps based on population
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The Virginia Plan James Madison created the Virginia Plan which proposed that the legislature be divided into two houses (bicameral) Members of both houses would reflect that state’s population. It proposed a national government consisting of a legislative, executive, and a judicial branch National government had power to tax.
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Two plans for government New Jersey Plan (Small State) Unicameral Legislature 1 state = 1 vote Power to Tax!!!!
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The New Jersey Plan Congress would have a single house. Modified the Articles of Confederation Congress would have power to tax and regulate trade. Small states insisted that each state had to have an equal vote in Congress Northern and Southern states disagreed over how to treat slavery in the constitution.
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The Constitutional Convention In What ways did the Virginia Plan and the New Jersey Plan differ? The Virginia Plan wanted to throw out the Articles of confederation, while the New Jersey Plan wanted to revise the Articles of confederation. The Virginia Plan called for two houses of Congress with representation based on a state’s population. The New Jersey Plan called for one house with equal representation. The Virginia Plan called for three branches of government, whereas the New Jersey Plan did not.
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What is a compromise? Why so important to the development of the United States?
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A Union Built on Compromise The delegates of the Constitutional Convention were divided geographically. The small states wanted changes that would protect them against the big states. Northern and Southern states were divided over the issue of slavery in the new constitution. A Compromise was needed.
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Compromises Great Compromise (Connecticut) – 2 Houses – House of Reps: Population Based House of Representatives control taxation – Senate: Equal Reps
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The Connecticut Compromise (The Great Compromise) Congress voted to proceed with the Virginia Plan with the purpose of working on a new constitution for the United States. In one house of Congress the states would be represented according to size. In the other house, (the Senate), each state would have equal representation. The eligible voters would elect the House of Representatives, but the state legislatures would choose senators.
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Compromises Three-Fifths Compromise – Issue: Are slaves people or property? – North: Slaves should not count in population totals – South: Smaller population would lead to northern domination – Compromise: Slaves will count as 3/5 of a person for representation (5 slaves=3 votes) – Slavery legal – Slave trade end in 1808
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Compromises Cont. Most northerners and many southerners believed slavery would eventually die out. Most northerners also believed blacks inferior and could work only as menial laborers.
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Compromises Commerce Compromise – Agricultural v Industrial states – Congress could tax imports, but not exports – Electoral College
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Enlightenment Ideas and the Constitution
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Constitution The new constitution was based on the principle of Popular sovereignty, or rule by the people. It created a system of government known as federalism. (It divided government power between the state government and the national). It provided for a separation of powers The two houses of Congress made up the legislative branch (made laws).
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Constitution The executive branch, headed by the president (implements and enforces laws) The judicial branch, federal courts, would interpret federal laws No one serving in one branch could serve in the other branches at the same time
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Checks and Balances Each branch of government had the ability to limit the power of the other branches President can veto bills, appoint judges, and propose legislation Congress can override vetoes, approve or reject appointments, and impeach, formally accuse of misconduct, and then remove the president or any high official in the executive or judicial branch. The judicial branch interprets laws and serves for life.
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Constitution Congress Created a system for making amendments, or changes to the Constitution. Supporters of the Constitution were known as Federalists Opponents to the Constitution were known as Antifederalists James Madison’s promise to add a bill of rights helped Virginia and New York vote in favor of the Constitution.
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Constitutional Principles Federalism Separation of Powers – Checks and Balances Individual Rights
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Federalism Shared Power between the National government & State governments
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Concurrent Powers Delegated Powers Reserved Powers National National Government State Government Both Federalism
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Delegated Powers, also known as enumerated and/or expressed powersPowers Declare War Print Money Inter-State Commerce
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Reserved Powers Marriage Laws Driving Laws Schools
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Concurrent Powers Taxes Borrowing Money Welfare
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Stronger New Government
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Strong Executive Enforcer of laws Powers: – Commander in Chief – Appointment: Check on Judicial and Legislative branches – Veto of Legislation: Check on Legislative branch
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Legislative Congress: Makers of Laws – House of Representatives: Popularly elected – Senate: Every state has 2 Can override presidential veto with 2/3 vote
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Judiciary Supreme Court: Interpret the laws Judicial Review
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Legislative Branch
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Checks on Judicial Branch Creates lower courts Can impeach and remove judges Can propose amendments to overrule judicial decisions Approves appointments of federal judges
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Checks on Executive Branch Can override presidential veto Confirms executive appointments Ratifies treaties Declares war Appropriates money Impeachment
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Executive Branch
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Check on Legislative Branch Proposes Laws Veto Call special sessions of Congress Appointments to federal posts Negotiates treaties
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Check on Judicial Branch Appointments of judges Pardons
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Supreme Court-Determining Constitutionality of Acts (laws)
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Checks on Legislative Branch Declare acts of Congress illegal
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Checks on Executive Branch Can declare actions unconstitutional
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Stronger New Government Extended Republic: Benefit of an "extended republic" to control faction and limit negative impact of self-serving politicians
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Approval The new constitution must be ratified by 9 of the 13 states Special state constitutional conventions were convened to vote on the new government Debate: Federalists vs Anti- Federalists
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Ratifying the Constitution Federalist Anti-Federalist Washington, Madison, Hamilton Support Ratification Federalist Papers George Mason Patrick Henry Oppose Ratification Afraid of a loss of state and individual rights
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Federalists Supporters of the new Constitution Merchants, urban, upper-class, seacoast, commercial interests George Washington, James Madison, John Jay, John Marshall, Alexander Hamilton, and Benjamin Franklin
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Federalist Papers Series of articles by Madison, Jay, and Hamilton in support of Constitution (“Publius”) Madison’s “Federalist 10” considered to be one of the greatest political documents written
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Anti-Federalist Opposed the new government Infringement of natural rights Agrarian, western, states rights supporters Patrick Henry, Sam Adams, Richard Henry Lee, George Mason
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Issues Who controls the country: the national government or the state governments Bill of Rights
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The Winner If it would have been a popularity contest the Anti-Federalist would have won hands down……….. But, it wasn’t!!!!! By 1788, 9 states had ratified the Constitution Remaining states join because they don’t want to be left out
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Conservative Victory New Government created to check the excesses of the Mob (common people) Federal judges appointed for life President elected indirectly by Electoral College Senators chosen indirectly by state legislatures
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Bill of Rights Anti-Federalist victory… Guaranteed certain rights that the government could never infringe upon
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Individual Rights Guaranteed by the Bill of Rights The 1st 10 amendments to the US Constitution
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Bill of Rights Guaranteed freedoms 1-9: Personal Freedoms 10: Reserved powers of the states
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Bill of Rights Virginia Declaration of Rights Virginia Statute for Religious Freedom Author James Madison; greatly influenced by two Virginians: 1) George Mason 2) Thomas Jefferson
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Key Issues Made federal law the supreme law but gave leeway to states to govern themselves. Balanced power between large and small states (Senate where each state gets 2 senators and House of Representatives with membership based on population) Placated Southern states by counting slaves as 3/5 of population
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Key Issues Established three co-equal branches of government with checks and balances: Legislative, Executive, and Judicial. Limited powers of federal government to those identified in the Constitution.
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A Framework for Limited Government The Constitution has a system for making amendments, or changes to the Constitution. There is a two-step process for amending the Constitution-proposal and ratification. New amendments can be proposed by a vote of two-thirds of the members of both houses of Congress, or two-thirds of the states can call a constitutional convention to propose new amendments.
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A Framework for Limited Government A proposed amendment must be ratified by three-fourths of the state legislatures or by conventions in three-fourths of the states.
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A Framework for Limited Government How does the Constitution provide for a separation of powers? It provides for three branches of government. The legislative branch makes the laws. It is made up of the two houses of Congress. The executive branch enforces the laws. It is headed by a president. The judicial branch interprets federal laws. It is made up of a system of federal courts.
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Americans Create a Republic The Federal System – Constitution creates three branches of government – Provides checks and balances—ensures branches share power equally – Promotes federal system—power divided between nation and states The Bill of Rights – Some fear too much national power, few protections of rights – Leaders win support for Constitution by adding a Bill of Rights Ten amendments to Constitution that protect freedoms
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