Creating a Constitution

Creating a Constitution Chapter 5

The Confederation Section 1

Achievements of the Articles of Confederation • First constitution of U.S. = Articles of Confederation • SCC knew the colonies needed a central government • Adopted the Articles of Confederation in 1777 during the American Revolution • Articles of Confederation & Perpetual Union: a plan for a loose union of states under the authority of Congress • Articles were WEAK!!

Westward Policies • One way the U.S. paid off debts & finance government was to sell land west of the Appalachian Mountains • Land Ordinance of 1785 established the method of settling the west • Townships = 6 sq miles, divided into 36 sections = 1 sq mile • Northwest Ordinance of 1787 provided the basis for governing much of the western territory • New territory north of Ohio River & east of Mississippi River • Divided into 3 to 5 states; when a territory reached a population of 60,000 it could apply for statehood & would be on equal footing with existing states

Westward Policies • NW Ordinance guaranteed rights: freedom of religion, property rights, & right to trial by jury • Ordinance stated that “there would be neither slavery nor involuntary servitude in said territory.” • Future problems – division between Southern slaveholding states vs. Northern Free States

Congress Falters Under the Articles of Confederation • Problems with Trade • Land Ordinance of 1785 & Northwest Ordinance of 1787 were achievements • U.S. was having trade problems, diplomacy issues, and a severe recession • Farmers were the most affected because they were earning less and had to borrow $ to plant next crop.

Shay’s Rebellion • Rebellion is an example of how the new government under the Articles of Confederation was too weak to deal with problems! • January 1787 in Massachusetts • MA decided to raise taxes to pay off debts • Farmers found it impossible to pay: (1) mortgages for land, (2) crops, (3), debts • Shay was a former captain in the Continental Army & now a bankrupt farmer. He and 1200 farmers headed to a state arsenal to seize weapons and march to Boston • The governor of MA sent the militia to stop Shay & the farmers. Shots were fired & 4 farmers killed. • Rebellion led people to fear the weak central government. • Concerns led to a call for a stronger central government to deal with problems such as rebellions, trade, and diplomacy

A New Constitution Section 2

Constitutional Convention • Weaknesses of Articles worried many American leaders who believed the U.S. could not survive without a strong central government • Nationalists were supported of a strong central gov. • G. Washington, John Adams, B. Franklin, Alexander Hamilton, Robert Morris, and James Madison • James Madison convinced the VA assembly to discuss problems • Meeting to be held in Annapolis, MD, but only 5/13 states attended – only discussed the weaknesses of the Articles of Confederation

Constitutional Convention • Alexander Hamilton called a meeting in Philadelphia to discuss the weaknesses, but waited until news of Shay’s Rebellion had been heard. • Sole purpose of meeting: “revise the Articles of Confederation.” • Rhode Island did not send a delegate – meeting will become known as the Constitutional Convention • Philadelphia State House = Independence Hall • Writers of the Constitution will be known as “framers” • 55 delegates were merchants, mostly lawyers, and few planters. Thomas Jefferson unable to attend because he was in France – he said the meeting was simply an “assembly of demigods”

Constitutional Convention • George Washington was voted as the presiding officer of the CC • James Madison became known as the Father of the Constitution – his notes will become basis of the U.S. Constitution • CC not public to ensure honest and open discussion free from outside influence

Virginia vs. New Jersey Plans • Virginia Plan – proposed by Edumnd Randolph – scrap the Articles of Confederation • 3 branches of gov. & legislative branch has 2 houses (bicameral) – representation based on population • New Jersey Plan – No to scrapping Articles, but did want a stronger central government • One house (unicameral) in legislature with equal representation • Congress had power to raise taxes & regulate trade • CC delegates went with the Virginia plan and decided to draft a new constitution

Union Built on Compromise • States divided into large vs. small states • All states received ONE vote during CC • Delegates argued over the # of reps each state would have in the legislative branch. • Committee worked out a compromise: based on the ideas of Roger Sherman of Connecticut • “Great Compromise” = 2 houses, House of Representatives based on population, Senateequally represented

Compromise over Slavery • Should slaves be counted in the population? • Southern states wanted slaves to be counted, but North argued why because they couldn’t vote • Three-Fifths Compromise – every 5 slaves would count as 3 free persons – count in population and representatives

Other Compromises • Two issues that divided the national government: (1) taxation of exports & (2) slave trade • Congress could not tax exports & would not ban slave trade until 1808 • By Sept 1787, new constitution had been drafted • In order for constitution to go into effect 9/13 states had to ratify the document • Ratify: approve by vote

Framework for our Government • Popular Sovereignty: rule by the people • Federalism: (Layer Cake) Powers reserved for national, state, and local governments • Separation of Powers: ensures not one branch can have too much power • Checks & Balances: system to prevent any one branch from gaining too much power • President had 4 powers: 1. propose legislation, 2. veto, 3. put down rebellions, 4. appoint judges

Framework continued • Congress can impeach the president (bring formal charges of misconduct) • Congress approves the Pres’s nominations • Supreme Court judges serve for LIFE • Delegates knew document would need to change • Amendments – formal changes to the Constitution • Constitution has lasted a long time (222 years) • John Adams – “Single greatest effort of national deliberation that the world has ever seen.”

Ratification Section 3

A Great Debate • Soon as the CC ended, delegates rushed home to campaign – 9/13 states had to ratify the document before it can go into effect. • Debates took place in: 1. State legislatures, 2. Mass Meetings, 3. Columns in newspapers, 4. Everyday conversations

Federalists vs. Anti-Federalists • Federalists chose their name to remind Americans who feared a central government that states would retain many of their powers. • Merchants, artisans, and urbanites supported the Con. • Anti-Federalists accepted a need for a new government, but the issue was whether the national government or state governments would be supreme • John Hancock & Patrick Henry, Edmund Randolph & George Mason • Called themselves Anti-Federalists because they believed the new constitution should have included a bill of rights

Federalists & Anti-Federalists • Federalists Papers: collection of 85 essays to explain the constitution and how it worked (convince states to ratify the constitution) • Written by James Madison, Alexander Hamilton, and John Jay • Judges still use Federalists Papers today to understand the intention of the original framers of the Constitution.

Fight for Ratification • Federalists promised to attach a bill of rights onto the Constitution once it was ratified • Federalists agreed to add an amendment that would reserve powers to the states that were specifically not granted to the federal government • 3 states who did not ratify the Constitution: Virginia, New York, North Carolina, and Rhode Island

Creating a Constitution