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Chapter 7

Chapter 7. Governing a new nation. Government by the states. States Start to Move. 1776 state leaders begin to move to independence States began to create governments 11 out of 13 wrote constitutions Document stating the rules under which a gov’t operates

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Chapter 7

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  1. Chapter 7 Governing a new nation

  2. Government by the states

  3. States Start to Move • 1776 state leaders begin to move to independence • States began to create governments • 11 out of 13 wrote constitutions • Document stating the rules under which a gov’t operates • Rhode Island/Connecticut kept their charters but removed reference to the king

  4. Writing State Constitutions • Addressed problems • Unhappy with royal governors • Person who runs the gov’t • Sees that laws are carried out • Appoint state officials with legislature approval • Gave more power to legislatures elected by people • Allowed more people to vote • No African Americans • Women only in New Jersey • White males, property owners, 21 years old

  5. Protecting Rights • Virginia – first state – Bill of Rights • Freedom of press • Freedom of religion • Right to trial by jury • Outlawed cruel and unusual punishments • Massachusetts – Bill of Rights • Freedom of religion – kept official church • Freedom to worship as long as they did not disturb the public • May not interfere with other’s freedom of religion

  6. The Articles Of Confederation

  7. Continental Congress Creates Articles of Confederation • Creating a plan for government • Adopted the Articles in 1777 • Form of Government – one branch - Congress • No executive • No system of courts • All states are equal – each with single vote • 9/13 states had to agree before a law went into effect

  8. Limited Government • Remembered the complaints against Parliament • Limits central government/power remains with states • Congress could not • Regulate trade • Collect taxes – had to ask states for money • Enforce the laws – needed to rely on states • Congress could • Make laws • Declare war • Coin or borrow money • Deal with foreign countries/Native Americans • Run a postal system

  9. Settling the Western lands

  10. Boundaries in the West • All states had to ratify the Articles of Confederation • States had to settle land boundaries in the West • All states had to give up claims to land • Virginia – final state to agree • Maryland – final state to approve the Articles • Western lands given to the federal gov’t • Valuable – great demand • Could be sold off to private companies seeking to develop land

  11. Land Ordinance of 1785 • Had to devise a system to sell land/settlements • Surveyors divide public lands into townships • Township • 6 miles X 6 miles • 36 sections – 1 mile square • Grid • Sold no less than $1 per square • 1 Section - set aside to support school • Reflected belief that democracy depended on education

  12. Northwest Ordinance of 1787 Investors eager to buy land north of Ohio River Wanted Congress to decide on government of area Guaranteed rights for settlers Banned slavery

  13. Northwest Ordinance of 1787 3 step process to admit a new state Settlement starts – Congress appoints governor, a secretary, and three judges Population of 5000 free adult males settlers – elect a legislature Population of 60,000 – territory could ask to become a state Ohio, Indiana, Illinois, Michigan and Wisconsin – carved out of Northwest Territory

  14. Growing problems

  15. Economic Problems Central gov’t had no power to tax - little money to run the gov’t Each state set trade policies Each state set taxes on goods – support farmers and manufacturing Each state printed own money – trade between states hard

  16. Foreign Affairs • Weak nation • world perspective • British troops still held forts in Northwest Territory • Treaty of Paris required forts to be turned over • Spanish still held New Orleans • Refused to let goods sail down Mississippi River • Had to take goods overland over Appalachians – cost more

  17. Economic Problems • 1780s – severe economic depression • Massachusetts farmers • Hard hit by depression • Crop prices declined • Unable to pay taxes • State legislature seized land to sell to pay taxes • Angry farmers demanded the legislature stop selling land • Demanded the state issue more paper money to make it easier to get loans • Legislature took no action

  18. Shay’s Rebellion • August 1786 uprising of 1000 Massachusetts farmers • Led by Daniel Shays • Former captain in Revolutionary army • Farmers seized arms from state warehouse • State called in militia – arrested leaders • Frightened officials • Felt a stronger central government was needed to protect people • Congress asked states to send delegation to a convention in Philadelphia • Revise the Articles of Confederation

  19. Section 2 The Constitutional Convention

  20. Convenes in Philadelphia Summer of 1787 Called for sole purpose to revise Articles Delegates argued that revising – not enough Voted to keep debates secret Closed windows/guards kept people out Allowed delegates to speak freely

  21. The Delegates • 55 delegates from 12 states (no Rhode Island) • George Washington elected president of convention • Most delegates young • Alexander Hamilton (New York) – 32 • James Madison (Virginia) – 36 • Took careful notes • Published after death • Rich source of information

  22. The Virginia Plan

  23. The Virginia Plan 3rd day of convention Proposed by Edmund Randolph James Madison – principle author Debated for the first month

  24. Three Branches of Government • Legislative Branch • Congress continue to make laws • Executive Branch • Carry out the laws • Strong executive needed • 1 or 3 people? – delegates debated • Decided to have one - president • Judicial Branch • System of courts to interpret the laws

  25. Two House Legislature • Change from 1 house to 2 houses • Upper House/Lower House • Delegates argued methods of choosing members • Roger Sherman (Conn) – people shouldn’t choose • James Wilson (Pa) – warned about not allowing people to choose – election should be cornerstone • Representation based on population • More people – more seats in each house • Supported by bigger states (Va. Pa. Mass.)

  26. The Great Compromise • New Jersey Plan - William Paterson (NJ) • Heavily debated through the summer • Single house with equal representation • Expanded powers of Congress • Raise money • Regulate trade

  27. The Great Compromise

  28. Terms of the Compromise • Roger Sherman (Conn) • Compromise • 2 house Congress • Lower house (House of Representatives) • Based on population • Larger states have more votes • Representatives elected for 2 years • Upper house (Senate) • Each state has two seats • Senators elected for 6 years

  29. Debate over slavery

  30. Three-fifths Compromise • Southern states • Slaves should be counted in figuring population for Congress • Northern states • Since slaves cannot vote, they shouldn’t count towards a state’s representation Compromise: each enslaved person would be counted as 3/5 person (500 slaves would count as 300)

  31. Impact of 3/5 Compromise • South got more seats in the house • North reluctantly agreed • To keep the South in the Union • Kept them from making their own country • Helped preserve slavery in the new Constitution because it made a distinction between free persons and all other persons. • The compromise would stay until 1865 when slavery was banned.

  32. Slave Trade • Northern delegates wanted to ban slavery • Southern delegates protested the ban that would ruin the Southern economy Compromise : • Ships were allowed to bring slaves for 20 years. • After 1808, Congress could bar the importing of slaves • Slaves already within the US – not changed

  33. A New Constitution • Delegates finally agreed on all terms after 10 months of debate • Decided to appoint a “Committee of Style” • Committee to draw up final wording • Gouverneur Morris – wrote the Preamble (introduction) • Preamble • Highlights the major difference between the Articles of Confederation and the Constitution • The Articles were a pact between states • The Constitution claims to take authority from the people rather than the states All delegates signed the document

  34. Preamble We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United States of America.

  35. Section 3 Debating The constitution

  36. Ratification Convention set a process for the states to ratify (approve) the Constitution Each state would hold a convention States had to approve the Constitution 9 of 13 states had to vote to ratify

  37. Federalists VS Antifederalists • Supporters of the Constitution – Federalists • James Madison • Alexander Hamilton • John Jay • Opponents of ratification of the Constitution • George Mason • Patrick Henry

  38. The Federalist Position • Favored a strong federal (national) gov’t • John Jay and Alexander Hamilton wrote Federalist Papers • Felt that the gov’t had to have powers it didn’t under Articles • Including power to enforce laws

  39. The Antifederalist Position Agreed that Articles – not strong enough Strong federal Constitution weakened states Too strong central gov’t wipe out states and individual freedoms No Bill of Rights in the Constitution – no protection of rights Objected to a president who could be reelected again and again – could he become a king?

  40. The Ratification Debate • Delaware was first to ratify, December, 1787 • Next to approve - Pennsylvania, New Jersey, Georgia, Connecticut • Massachusetts delegates felt stiff opposition • Home of Shay’s Rebellion • Opposition strong in rural areas • Took a major campaign of Constitution supporters to sway/ vote • Maryland, South Carolina voted to approve

  41. Virginia • Key large state • Patrick Henry led the attack against Constitution • No checks & balances • James Madison led the support • Feared the breakup of the Union • Convention voted to approve 89-79

  42. Approval! • June 1788 – New Hampshire became the 9th • 1788-1789 • Virginia finally voted in favor • New York • North Carolina • Rhode Island • May 1890 • Last of the 13 states to ratify

  43. Celebration July 4, 1788 Huge parade in Philadelphia led by former Revolutionary soldiers Liberty Bell rang The United States was now a nation

  44. Bill of Rights

  45. The Bill of Rights Congress began to prepare the new gov’t Congress was elected George Washington elected President John Adams elected Vice President During the debates, many states wanted a Bill of Rights added First task of the new Congress that met March, 1789 Framers provided way to amend the Constitution Wanted it to be flexible enough to change but not easily

  46. The Bill of Rights 1789 Congress passed a series of 10 amendments By December 1791, ¾ states had passed amendments Bill of Rights – protect people against abuses by federal gov’t

  47. Bill of Rights 1. Freedoms of religion, speech, press, assembly, petition 2. Right to bear arms 3. Bars Congress from forcing citizens to house soldiers without their consent 4. Protects citizens from reasonable searches of homes or seizure of property; no search warrants without probable cause 5. Protects rights of accused, must have indictment from a grand jury, cannot testify against self, entitled to due process of law or a fair hearing

  48. Bill of Rights 6. Guaranteed to speedy trial by impartial jury, must be told charges 7.Guaranteed right to trial by jury where sum of money is more than $20. Appeals court can set aside a verdict only if legal errors made the trial unfair 8. No Excessive bail, excessive fines nor cruel or unusual punishment will be allowed 9. The rights of the people are not limited to Bill of Rights 10. Powers not given to federal gov’t belong to the states

  49. Bill of Rights King George limited colonists rights Americans had fought to protect freedoms Antifederalists fought for Bill of Rights Some states refused to ratify unless Bill of Rights was added BILL OF RIGHTS ADDED IN 1791 First 10 amendments protected rights and freedoms Federal government cannot take away rights spelled out in the Bill of Rights

  50. The Constitution Delegates to the convention called “Framers” Framed or shaped our form of government Document has thrived over 200 years

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