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Chapter 7 Creating a Republic (1776-1790) ( American Nation Textbook Pages 198-219). Thomas Paine. Benjamin Rush. Chapter Setting
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Chapter 7 Creating a Republic (1776-1790) (American Nation Textbook Pages 198-219)
Thomas Paine Benjamin Rush Chapter Setting Benjamin Rush’s words were spoken in January 1787. It reflected many Americans feelings on the American Revolution. Rush was a respected doctor that set up the nations first free clinic. He was very outspoken and earlier he convinced Thomas Paine to write his pamphlet, Common Sense. “The American war is over: but this is far from being the case with the American Revolution. On the contrary, nothing but the first act of the great drama is closed. It remains yet to establish and perfect our new government,”
With the signing of theDeclaration of Independenceand the Treaty of Paristheir now was a need to set up a form of government for the American people.
1. A Confederation of States On May 1776, the Continental Congress asked each colony to set up a government to protect the “lives, liberties, and properties” of its citizens. In July, the Congress set about to set up and organize a new national government.
State Constitutions During the Revolution most states wrote their own Constitutions. A constitution is a document that sets out the laws and principles of government. States wanted a constitution for two reasons. First, it would spell out all the rights of all citizens. Secondly, it would set limits on the power of government.
Colonists were too concerned about putting too much power in the hands of a few people. To avoid this they divided the powers of government between an executive and the legislative part. Every state had alegislaturethat passed laws. The voters elected lawmakers. Power in the legislature was divided between the upper house called the Senate and a lower house called the House of Representatives . All states except Pennsylvania hadagovernor, whoexecuted, or carried out the laws. House of Representatives
Virginia further limited the power of government by including aBill of Rightsin its constitution. A Bill of Rights lists freedoms that the government promises to protect. The Bill of Rights protected the rights of religion and freedom of the press. Other states soon followed Virginia’s examples and created their own Bill of Rights.
The state constitutions also expanded the right to vote. Now under the constitution you could vote if you were a white male over the age of 21. In a few states women and freeAfrican Americanscould vote. Susan B. Anthony and Elizabeth Cady Stanton
The American Revolution did not prompt a radical redefinition of the right to vote. In 1786, only two of the original thirteen states (Georgia and South Carolina) expressly restricted voting privileges to the eligible white population. The U.S. Constitution, written in 1787, recognized the authority of the states to define the right to vote. Between 1776 and 1860, about one-third of the states permitted voting by free African-American adult males.
Forming a National Government Although the states have formed 13 separate governments, the Continental Congress drafted a plan for the nation as a whole. In order for America to be successful all of the states must be united by a national government.
Writing a constitution that all the states would approve was difficult. The states were unwilling to turn over their power to a national government. After many debates, the Continental Congress completed the first American Constitution,The Articles of Confederation.
Under the Articles of Confederation: • All states agrees to send delegates to a congress to vote on proposals 2. Congress would pass the laws, but at least 9 of the 13 states had to approve of the law before it can pass. 3. Congress could not pass taxes, the states had to control over taxes. 4. Congress had the right to declare war, appoint military officers, and create and control coin money.
Disputes Over Western Lands The first dispute arose over the Articles of the Confederation. All the states ratified the Articles with the exception of Maryland. They disputed of the land between the Appalachian Mountains and theMississippi River. Virginia and some other states claimed all the land to the West. Soon afterwards one state at a time they gave up their claims to the western lands.
Serious Charges Over the Articles of Confederation By 1783, the United States had won their independence. The new nation faced many problems. From 1783 to 1787, the Americans had reason to doubt whether their country would survive. The biggest problem that the states faced was money. As a result of borrowing during the Revolution, the United States owed millions of dollars. It had no way to pay its debts. UndertheArticles of Confederation,Congress would ask for money to repay these debts. However, the states had the right to turn down the requests of Congress.
During the Revolution Congress solved their problems by printing paper money. This paper money was called Continental dollars.Without gold or silver to back up the paper money, the paper money retained little or no value. As the Continental dollars became worthless the states printed up their own paper money. The problem with this was that most states refused to accept money from another state. This made trade between states difficult.
Geography and History A farsighted Policy for Western Lands Settlers in the western lands posed still another problem. The Articles of the Confederation said nothing about admitting new states to the United States. Congress saw a great need for a local government in the western lands or Northwest Territory as thousands of settlers moved there. To meet this need Congress passed two laws. Here are the two laws:
• Land Ordinance of 1785-this law set up a system for settling the Northwest Territory. The law called for the territory to be divided into sections or townships. •Northwest Ordinance-This law set up the government of the Northwest Territory. This law also outlawed slavery in these lands. When the population in a territory or section reached 60,000 they can apply to the United States to become a state. In time five states were carved out of the Northwest Territory. The new states were Ohio, Indiana, Illinois, Michigan and Wisconsin. Northwest Ordinance Land Ordinance of 1785
A Farmers Revolt After the Revolution, the nation suffered aneconomic depression.An economic depression is a period when business activity slows, prices and wages fall, and unemployment rises. The depression hit the farmers hard. During the Revolution the demand for farm products was high. The farmers were eager to produce more food. They borrowed money to buy more land, seed and animals. As the soldiers returned to their homes the demand for farm goods fell. Many farmers could not repay their loans. The banks and courts seized the farms of the people that did not repay their loans.
In 1786 the unhappy farmers flared into a rebellion. They were determined to save their debt-ridden farms. Daniel Shays, an unhappy farmer gathered a force of 2,000 farmers and led them into a rebellion attacking court houses and preventing the sale of their property for payment of debts. When they tried to raid a warehouse full of rifles and Gunpowder the Massachusetts army drove them off. This uprising was calledShays' Rebellion.
George Washingtonspoke out on behalf of the farmers. He felt that the Articles of Confederation had to be changed to help meet the needs of the farmers during this crisis. On May 1787 the leaders of several states met to discuss this issue in a convention.
2.A Grand Convention The convention was called the Constitutional Conventionwas held in Philadelphia. Among the delegates to the convention was a 36-year-old, short and thin man. He was James Madison. James Madison was the youngest and most prepared man at the Constitutional Convention. Madison kept a full and clear record of the proceedings. Benjamin Franklin, at age 81, was the oldest man at the convention. In the hot summer of 1787, the framers of the Constitution created a strong and enduring government.
Hopelessly Divided Soon after the meetings began the delegates decided to do more than revise the Articles of Confederation. They decided to instead write a brand new constitution for the nation. Many delegates disagreed what form this government should take. Edmund RandolphandJames Madison,both from Virginia, made a proposal to the Convention. The plan was called theVirginia Plan.The plan called for a strong national government with three branches: Edmund Randolph James Madison
The Legislative Branchof government passes the laws. • The Executive Branchof government carries out the laws. • The Judicial Branchor system of courts decides if the laws are carried out fairly. Click to visit a computer activity on the three branches of government created by Mr. Zindman
The Virginia Planalso called for a two-house legislature. Seats to each house will be awarded based on population. Previously under the Articles of the Confederation each state had the same number of representatives regardless of the population.
Many small states objected strongly to the Virginia Plan. Large states could easily outvote small states. After two weeks of debate, William Patterson, of New Jersey presented a new plan called the New Jersey Plan. Under the New Jersey Plan, the legislature would only have one house. Each state no matter the size of the population would have only one vote in the legislature. The two sides were deadlocked. William Patterson and Roger Sherman A delegate named Roger Sherman, of Connecticut, worked out a compromise between the large and small states. A compromiseis a settlement in which one side agrees to give up some of its demands.
The Senate House of Representatives Sherman’s compromise called for a legislature with a lower and upper house. The Lower House was known, as the House of Representativeswould have representatives based on that state’s population. The members of the upper house known as the Senatewould have two senators per state no matter what the size of the state. On July 16th the delegates approved the plan. It became known as The Great Compromise.
The issue of slavery was also raised at the convention. Southerners wanted to include slaves in the population count but they did not want to let them vote. If the slaves were counted the South would have a majority of representatives. Northerners protested, they said if they could not vote they could not be counted. They did not want the South to have a majority of the representatives. Once again the delegates compromised. They agreed that three fifths of the slaves would be counted. In other words, if a state had 5,000 slaves, 3,000 of them would be counted in the state’s population. This was called the Three-Fifths Compromise.
The Slave Trade Northerners and Southerners also disagreed on another issue relating to slavery. By 1787, some northern states banned the slave trade within their borders. They wanted the new Congress to ban the slave trade in the entire nation. Southerners warned that if the slave trade was banned it would ruin the southern economy. Click on the pictures to learn more
In the end, the two sides compromised. They said: Congress could not outlaw slavery for at least twenty years. Northerners agreed that no state could stop a fugitive slave from being returned to an owner who claimed him/her. Click on the picture to learn more
Signing the Constitution Finally, on September 17, 1787, the Constitution was ready. The delegates one by one signed the Constitution. They had done something remarkable. In just a few months, they had set up the framework for a lasting government for our country. At the end of the Convention, a Republic was set up. A republic is a nation in which voters elect representatives to govern them. Benjamin Franklin said, “It is now up to the people of the United States to make their own new government work.”
Ideas that Shaped the Constitution Many ideas from the Constitution were inspired from other sources. Here are some of the ideas that shaped the Constitution.
• The League of the Iroquois-early American leaders was inspired by the Iroquois system of government. The League of the Iroquois was a model for unity. The Indian nations governed separately but joined in unity in their defense. • Ideas from Europe- Ideas limiting the power of a ruler came from the Magna Carta in England.
• John Locke-In 1690, John Locke published Two treaties of Government. He stated in this work that all people had the natural rights to life liberty and property. • Montesquieu- In 1748 Montesquieu publishedThe Spirit of the Laws. In it he said that the power of government should be divided among three branches: legislative, executive and judicial. This was designed to keep any person or group from gaining too much power. This idea became known as the separation of powers. Montesquieu also said that the powers of government should be clearly defined. Click here to visit a computer activity on the ideas that shaped the Constitution created by Mr. Zindman John Locke Montesquieu
A Federal System Under the old Articles of Confederation, the states had more power than Congress. With the new Constitution, the states gave up some of their power to the national government. The division of power between the states and national government is called Federalism.
Under the Federal system the following rules of power apply: • The Constitution spells out the powers of the Federal Government.For example, the Federal Government can coin money or declare war. • Under the Constitution, states have the power to regulate trade between their borders. The states decide who can vote in elections. The states have the power to establish schools and local governments. The Rules
Many of the powers between the government and states are shared. For example, both governments can build roads or raise taxes. The Constitution is the “final law of the land.” In a dispute between the state and Federal Government, the Federal Government has the final authority.
Separation of Powers The Constitution set up three branches of government. They defined the powers of each branch. Here is the power each branch is assigned: 1.The Legislative Branch-Congress is the legislative branch of government. It is made up of the House of Representativesand the Senate.The main function of the legislative branch is to make laws. The legislative branch has the power to collect taxes and the power to regulate foreign and interstate trade. In foreign affairs Congress has the power to declare war andto “raise and support armies.” Click on the picture to learn more.
2. The Executive Branch-The Executive Branch is headed by the President. The Executive Branch also includes the Vice-President and any advisors appointed by the President. The President is responsible for carrying out all the laws passed by Congress. The President is also the commander and chief of the armed forces and is responsible for all foreign relations. Click on the picture.
3.The Judicial Branch-Article 3 of the Constitution calls for a Supreme Court and other federal courts. These courts hear cases that involve the Constitution and any laws passed by Congress. They also hear cases arising between two or more states. Click on the picture to learn more.
Electing a President Delegates wanted to be sure that the President would not become too strong. Delegates also wanted to know how a voter would get to know a candidate if they lived far away. To solve these problems, delegates set up the Electoral College. The Electoral College would be made up of electors from every state. Every four years, the electors would meet as a group and vote for the President and Vice-President of the United States. The founders of the Constitution felt that the well-informed citizens familiar with the national government would be able to choose a President and Vice-President wisely.
A System of Checks and Balances The Constitution set up a system of checks and balances.Under this system, each branch of the government has some way to check, or control the two other branches. This is also another way that the Constitution limits the power of government.
Checks on Congress • The President can check the power of Congress by vetoing,or rejecting a proposed law (or bill.) • Congress can then check the President by overriding, or overruling, the president’s veto.
2.Checks on the President • The President has the power to appoint officials in our government. However, the Senate must approve his appointments. • The President can approve a treaty from another nation, but the Senate must approve it by a two-thirds majority vote. • Congress has the power to remove a president from office if they find the President guilty of a crime. When a President is charged with a crime or misbehavior it is called an impeachment.
3. Checks on the Courts • The President and Congress have checks on the courts. The President appoints the judges in the courts but the Senate must approve them. • If a judge misbehaves Congress can remove them from office. Click on the picture to learn more.
A Living Document This document has been working for more than 200 years, longer than any other Constitution in the world. This Constitutionhas lasted because it is a living document. Click on the picture to learn more. The original document can be seen at the National Archives in Washington, D.C.
4.Ratifying the Constitution At home in the town squares, Americans discussed the Constitution. Many people supported it. Many others did not. The convention was over. Now the states had to decide whether or not to ratify this new frame of government.
The Constitution was sent to George Washington for his examination. He called upon Congress to support the plan. In order for the document to be ratified (or accepted) nine of the thirteen states had to agree with it. In every state there were debates over the Constitution. People that supported the Constitution were called Federalists.The people who opposed the Constitution were calledAntifederalists. Federalists
The Antifederalists were against the Constitution because it did not have a Bill of Rights. The Bill of Rightswould spell out the basic freedoms (or rights) for all of the American people. The states then held a vote and one by one, the states voted to ratify the Constitution. In June 1788, New Hampshire became the ninth state to ratify the Constitution. Now the new government could go into affect. By 1790, the last state of Rhode Island approved the Constitution. The people celebrated in festive parades and parties. Americans then voted in George Washingtonas the first President. John Adamswas elected the first Vice-President. New York City became the nation’s first Capital.
Adding a Bill of Rights The first Congress quickly turned its attention to adding the Bill of Rights. They also set up a way to amend, or change the Constitution. They wanted the Constitution to change as the times changed. They called the changing of the Constitution the Amendment Process. The Amendment Process
13th Amendment Click on the picture to learn more. The Amendment Process • To start the amendment process, an amendment must be proposed. This can be done in two ways. Two thirds of both houses of Congress can vote to propose an amendment. Or two thirds of the states can request special conventions to propose the amendments.