1. Creating a Constitution
Chapter 5
Creating a Constitution

2. Articles of Confederation and Perpetual Union
November 1777 adopted by Continental Congress
1st formal government of the US (divided into two levels: state and federal)
Plan for a loose union of states under the authority of the Congress

3. Powers and Weaknesses of the Articles of Confederation
Declare war
Negotiate peace
Sign treaties
Set standards for coins, weights & measures
Postal service
Deal with American Indians
Weaknesses
No control over trade (interstate or foreign)
No power to collect taxes
All states had to agree to make changes

4. Northwest Ordinance 1787
Greatest success of the Articles of Confederation
Ordinance that dealt with land north of the Ohio River and east of the Mississippi River
Provided for establishment of not less than 3 nor more than 5 territories (Wisconsin, Illinois, Indiana, Michigan, Ohio)
Land sold to generate $ for Federal government
Slavery not allowed

5. Problems Call for a Change
Trade
- duties- taxes on imported goods
- protective tariff- tax on imported goods
to protect American goods
Diplomacy
- British debt collectors
- Return of Loyalist property
- Disputed border of Georgia with Spain
3. Economic
- paper money = inflation
- Shay’s Rebellion – rebellion led by Daniel Shay in Massachusetts that started over the government raising taxes rather than issuing paper money

6. Questions to Ponder
What do you think was the most serious flaw of the Articles of Confederation? Why?
How are the issues faced by the federal government today similar to those that were faced by the Confederation Congress?

7. The Call for a Stronger Government
Nationalists – people who supported a strong central government
James Madison – member of the Virginia Assembly that called for a convention (influential nationalist and 4th President)
Alexander Hamilton – New York delegate who called for the convention to be held in Philadelphia in May 1787 (leader of Federalist Party)

8. The Constitutional Convention
Convention of 55 delegates from 12 colonies (Rhode Island not present) to establish a firmer national government
May Sept. 1787– Philadelphia, PA
George Washington – Presiding officer
James Madison – Recorded debates (convention held in private)

9. Issue of Debate Unicameral - a legislature made up of one house
Bicameral
- a legislature made
up of two houses

10. Plans Proposed Virginia Plan Edmund Randolph of Virginia
Scrapped the A of C
Legislative, executive, and Judicial branches of government
Legislative = 2 houses
1st house member elected by members of state
2nd house members elected by 1st house
Numbers in two houses would reflect state’s population
New Jersey Plan
William Paterson of New Jersey
Kept the A of C
Single house legislature
Each state has = power
Power to raise taxes and regulate trade

11. Questions to Ponder
Which of the two plans do you think the delegates of the convention voted on to keep and proceed with? Why?
What was the problem with having the members in both houses of the Virginia Plan reflect each state’s population?

12. Controversial Issues State Representation
Treatment of slavery in the new constitution

13. Compromises Connecticut or Great Compromise - Roger Sherman
House of Reps – represented by state population (435)
Senate – equal representation (2 per state = 100)
Voters elect members of the House of Reps
State legislatures elect senators
House of Reps & Senate = Congress
Three- Fifths Compromise
(1 member per 40,000 elected to the House)
Every 5 enslaved people would count as three free persons to determine representation and taxation
Could not tax exports
Could not ban slave trade until 1808 or impose high taxes on the import of enslaved persons

14. The Government Checks and Balances
Prevents any one of the following branches of government from becoming too powerful.
Popular sovereignty – rule by the people
Federalism- government power divided by national and state levels
Legislative Branch – Congress- lawmaking body of Government
Executive Branch – enforces the laws – headed by President
Judicial Branch – interprets laws – federal courts

15. The Legislative Branch
Powers
Make laws
Declares war
Approves treaties
Approves appointments
Raises money
Impeach – to bring charges or convicts
Raises and supports armed forces
Override a veto
Checks
Executive
Override veto
Impeach officials
Control $
Confirms treaties and appointments
Judicial
Impeach judges
Approves appointments
Propose amendments
Establish other lower courts
Change court size

16. Executive Branch Powers Enforces, proposes, vetoes laws
Prepares US Budget
Conducts foreign policy
Commands armed forces
Appoints Supreme court & federal judges, cabinet members, ambassadors, & federal officials
Grant pardons and reprieves
Checks
Legislative
Veto laws
Leader of Party
Call special sessions
Judicial
Appoint judges
Grant pardons and reprieves

17. Judicial Branch Powers Interprets laws
Determines Constitutionality of laws and acts
Decides cases involving treaties w/other nations’ leaders
Checks
Executive
Interprets laws and treaties
Legislative
Decides constitutionality of laws

18. Quiz tomorrow over the Checks and Balances of the Three Branches of Government

19. Ratification
9 of 13 states had to approve the Constitution to put it into effect
Debates took place in state legislatures, mass meetings, newspapers, and everyday conversations

20. Federalists vs. Antifederalists
Supporters of the Constitution
Large land owners
Merchants, artisans, and farmers near coastal areas
Wanted strong central government to regulate trade
Alexander Hamilton
Antifederalists
Opponents to the Constitution
Western farmers
Concern: National or State government supreme
Supported a Bill of Rights
John Hancock, Patrick Henry, Edmund Randolph

21. The Federalist or Federalist Papers
A collection of 85 essays written by James Madison, Alexander Hamilton, and John Jay arguing for ratification
Explained how the Constitution worked and why it was needed
Convinced the public to ratify the Constitution

22. Fight for Ratification
Delaware, Pennsylvania, New Jersey, Georgia, & Connecticut approved by 1788
By end of June 1788 Maryland, South Carolina, and New Hampshire ratified the Constitution
Massachusetts approves Constitution only after Federalists Promise:
1. Bill of Rights- first ten amendments,
limits the power of the federal government
2. State’s Rights- Reserves powers to states
not granted to the Fed. government (10th Amendment)
Although enough states ratified the Constitution to put it into effect many feared the government would not succeed without the larger states approvals (NY and VA)

23. Virginia and New York Virginia - ratified Constitution after Madison’s
promise to add a Bill of Rights
New York
- Convinced to ratify after they learned VA
and NH had ratified the Constitution
- Did not want to operate independently
By July 1788 all states except Rhode Island and North Carolina had ratified the Constitution
March 4, 1789 – first meeting of the new Congress
People’s fears subsided when George Washington was chosen as the first president under the new Constitution

24. The Bill of Rights One of the most important acts of Congress
James Madison responsible for the adding of the Bill of Rights to the Constitution
1st ten amendments of the Constitution
First 8 protect rights of individuals against
actions of federal government
9th Amendment states that the people have other rights not listed
10th Amendment states that any powers not specifically given to the federal government are reserved for the states

25. * Test on Thursday