Creating the Constitution

1. Creating the Constitution free-ppt-templates.com 1781-1789 Chapter 5

2. A Confederation of States Section 1

3. Abbreviations • These will be some abbreviations you may see in the powerpoint • CP= Conservative Patriots Sen.= Senate • DP=Democratic Patriots • PA=Pennsylvania • NY= New York • MA= Massachusetts • VA= Virginia • RI= Rhode Island • CT= Connecticut • MD=Maryland • NJ=New Jersey • Articles= Articles of Confederation • HoR=House of Representatives

4. What were Early State Governments like? • 1776 • Congress declares independence and invites states to create their own governments with Constitutions • Most states formed republics, or governments where the people elected their representatives • Disagreement on how they should be set up • Democratic Patriots such as Thomas Paine • wanted more power in the hands of the people • Strong legislatures, weak governors or none at all • Unicameral Legislature-or single house legislature • Elected by the people, PA and GA adopted these frameworks

5. What were Early State Governments like? • Conservative Patriots • distrusted the common people and wanted to preserve most colonial institutions • Bicameral legislature- lawmaking body with 2 houses, Senate and House of Representatives • Had a strong governor, balanced out power between wealthy and commoners • Senate-for the “well educated” elites, House- for the commoners • NY and MA adopted these frameworks

6. What were Early State Governments like? • Even Conservative State Constitutions expanded political participation • Voters chose both houses • Voters elected their governors • Democratic and Conservative Patriots disagreed on who should vote • Democratic Patriots believed everyone should vote as long as you paid taxes • PA- all men 21 or older who paid any taxes • In most states Conservative Patriots kept the old property requirements • Adams- believed political equality was foolish and unworthy • Theory and practice excluded slaves and women

7. What were Early State Governments like? • Freedom of Religion • American Revolution expanded the idea of religious liberty • Some states collected taxes to support an established church • After the Revolution religious liberty and pluralism became the norm • Virginia Statute of Religious Freedom of 1786 • drafted by Thomas Jefferson • promoted religious freedom in VA • most states followed VA’s lead • Massachusetts and Connecticut were the exception they continued to support churches with tax collected money • Drew fire from Methodists and Baptists

8. What were the Articles of Confederation? • Articles of Confederation • 1777, drafted in Continental Congress • Confederation: is a league or alliance of states that agreed to work together • led by John Dickinson of PA • A loose confederation of 13 states, rather than a strong, centralized nation • Reflected the principles of the Declaration of Independence and rejected the the centralized power of the British Empire as a threat to American liberty

9. What were the Articles of Confederation? • Structure • Federal=national • Congress of delegates chosen by state legislatures, not by voters • States could choose to send as many or as little delegates (up to 7) as they wished, no matter how many delegates each state only had one vote • Large VA had no more power than tiny RI • Congress also had to enforce the laws they wanted to implement • No President or executive Branch, enforcement was spread out among the several committees of the Congress • Given no way to enforce anything

10. What were the Articles of Confederation? • Powers • Mostly External • Declare and conduct War • Negotiate Peace • Regulate Foreign Affairs • Administer Relations with Native Americans • Could NOT • Raise money through taxes • Relied on contributions from states • Had no way to force states to comply

11. What were the Articles of Confederation? • How to Change • Minor Issues- 7 states could pass a law • Major Issues- 2/3rds majority (9) needed to approve • Amending or changing the Articles needed unanimous vote to approve any changes • 1781, the colonies passed the Articles of Confederation

12. How did the new Congress handle the Western Lands? • Northwest Territory • Lay North of the Ohio River, West of PA to the Mississippi • Sold land to Speculators and farmers Congress hoped to raise revenue and spread American ideals westward • 1784 • Western lands began to escape the government’s control • Hundreds of settlers already crossed the river and made their own farms • Settlers provoked war with Native Americans and Congress could not afford to defend them • Congress feared that settlers would secede from the Union and look to Britain or Spain for protection

13. The Western Lands

14. How did the new Congress handle the Western Lands? • Land Ordinance of 1785 • Law passed by the Confederation Congress that designed a system for distributing the western lands • Divided the land into hundreds of townships, each 6 square miles • Each township was then divided into 36 section of one square mile (640 acres) • Each section was to be sold for one dollar per acre • Most farmers could not afford the $640 so most of the land went to wealthy speculators • Congress often time violated their own law • Sold land to wealthy speculators for as low $.10 an acre • 1787- The Ohio Company

15. How did the new Congress handle the Western Lands? • Northwest Ordinance of 1787 • Provided a government for the western territories based on Thomas Jefferson’s idea • Territorial Government • Governor, Secretary and Three Judges • Enjoy liberties such as: Freedom of Religion, Trial by Jury, and Habeas Corpus • at 5000 men • Establish an elected assembly • at 60,000 men • could apply for statehood in the union with the same footing as the original 13 states • needed to adopt a republican constitution • Led to the admission of the Midwestern States: Ohio, Indiana, Illinois, Michigan, Wisconsin and parts of Minnesota • Also barred slavery in these new states rather than slave states

16. How did the new Congress handle the Western Lands? • Northwest Ordinance of 1787 • Barring slavery was alarming to Southern States who wanted to expand slavery • American government rejected the idea of keeping the colonies in permanent subordination • All this freedom came at the expense of the Native Americans

17. Was it peaceful under the Articles of Confederation? • Spain and Britain did not take the new United States seriously • Spain • Never like American Independence and did not trust American westward expansion • To discourage barred American trade Spain barred American settlers access to New Orleans • Britain • In the treaty wanted to cultivate goodwill with Americans, 1783 • One year later, abandoned goodwill and wanted to make the Americans pay for their Independence • Abandoned free trade for the mercantilist policies of the Navigation Acts • Hurt all colonies but the Congress was too weak to oppose Britain • Britain cut off American trade with the British West Indies

18. Was it peaceful under the Articles of Confederation? • Britain • embarrassed the American confederation by keeping their forts on the American side of the boundary • Cited American violations of the treaty to justify the holding of the forts • States blocked British attempts to reclaim debts and Loyalist property • Congress could not compel the states to honor the treaty • Congress also could not oppose British holding of the forts

19. Why were the Articles of Confederation so weak? • Economic Weaknesses • Congress could not: • Establish a common currency • Regulate Interstate Commerce • Levy taxes • Congress relied solely on contributions from the state and no way to have the colonies comply • Congress asked for 2.5 million to pay interest on debts only had $400,000 on hand • Congress attempted twice to amend the articles and twice one state balked and killed the amendment • 1782-RI • 1786-NY

20. Will things ever get better? • Economy • Unemployment was high due to lack of trade • Debts began to rise • British creditors began to pressure American importers • Importers began to pressure their debtors (farmers) • Farmers could not pay their creditors due to lack of cash from their crop prices being so low for their crops • Creditors took their debtor to court and debtor were thrown in prison and repossession • Shay’s Rebellion • 1786-87 farmers had enough, MA farmer Daniel Shay led an armed rebellion against the government to stop foreclosure hearings • MA government raised an army to suppress the revolt • Shay’s Rebellion made people realize that a strong central government was needed in order for the country to survive

21. Wrap Up • Early State Governments • Democratic Patriots v. Conservative Patriots • Where power lies and who could vote • Articles of Confederation • Structure and Powers • How to change • Northwest Territory • Land Ordinance of 1785 • Northwest Ordinance of 1787 • Spain and Britain relations • Weaknesses of the Articles

22. Credits • Slide Background: free-ppt-templates.com • Animations: Animationfactory.com • Images: Google Image Search

23. Drafting the Constitution Section 2

24. What is the Constitutional Convention? • 1787 • Most Americans believed the Articles had major flaws • They believed: • 1. Congress should have the power to regulate interstate and international trade • 2. Congress should have the power to tax the people • Philadelphia, PA- PA State House (now known as Independence Hall) • 12 of 13 states chose to attend • RI declined to participate • Original intent was to amend the Articles • However delegates completely scrapped the Articles and created something new • Began in May 1787 • Proceedings were held in complete secret to allow delegates to speak freely

25. Who attended the Constitutional Convention? • Thomas Jefferson and John Adams were in Europe serving as ambassadors • Convention was meeting of many Revolutionary Soldiers, Generals and Leaders • George Washington-elected as President of the convention (VA) • Benjamin Franklin-eldest member of the Convention (PA) • Alexander Hamilton- orphan, immigrant, Revolutionary War Vet (NY), eventual first Secretary of the Treasury • not born in 13 states, born in West Indies • James Madison- VA statesmen, political scholar, eventual 4th President of US

26. Who is Alexander Hamilton? • Born: c. 1755/57 in Caribbean, Died 1804 New York • Came to NY to pursue an Education at King’s College (now known as Columbia University • Revolutionary War veteran • Served as General Washington’s Secretary and on the Frontlines (Yorktown) • Strong supporter of scrapping the Articles in favor of a strong, centralized federal government, modeled after Britain. • Favored a strong army and strong economy (by government taxation and regulation of trade--interstate and international) • Government should have elements of aristocracy and republicanism

27. Who is Alexander Hamilton? • Lawyer • First secretary of the treasury, “Father of American Capitalism” • Centralized War Debt, State Debt, established the national bank, Established the National Mint, US Coast Guard • Strong opponent of the whole institution of slavery • Opposed it as often as he could, in government and in the legal domain • Aaron Burr challenged Hamilton to a duel after losing the 1804 NY Gubernatorial (Governor) election • Hamilton supported opponent again, in 1800 Hamilton opposed Burr in the Presidential election, this allowed Hamilton’s arch rival Jefferson to win election • Hamilton didn’t want to duel but accepted out of honor, letters show that Hamilton was going to throw away his shot

28. Who is James Madison? • b. March 16th, 1751, d. June 28th, 1836 • Born into a wealthy VA planting family • During Revolutionary War served in VA House of Delegates and Continental Congress • “Father of the Constitution” • Key role in drafting and promoting Constitution • Strong supporter of a strong, central government but not a democracy but favored Republicanism • Wanted a strong republic government but not modeled after Great Britain • Rejected the idea that republics need to small and homogenous • Believed numerous interests would be the “savior of democracy” • Interests would “check” each other • Saw factions as beneficial to Republics and Democracies

29. What was the Virginia Plan? • Virginia Plan • Proposed by James Madison of VA • Created a strong, central, federal government • Powers (things Congress could do): • Levy taxes • Regulate commerce (internal and international) • Congress could veto any stat law for any reason • This was very similar to what Parliament did to colonial laws • Structure • Bicameral Legislature • House of Representatives and Senate • Both Houses were based on population • Gave immense power to bigger states (VA,NY, PA) over smaller states (NJ, CT and MD) • Three Branches of Government (Legislative, Executive, and Judicial) • Called for strong President--controlled armed forces, handled foreign relations and appointment of all judicial and Executive officies with approval of Senate only

30. What was the New Jersey Plan? • The New Jersey Plan • proposed by William Patterson of NJ • Only made small changes to the Articles of Confederation • Favored by small states • Powers: • Gave Congress the power to tax • Allowed Congress to regulate trade • Structure • Unicameral legislature • Based on Equality, each state got one vote • Retained the Executive committees • No separate executive of judicial branch • State retained their sovereignty only lost sovereignty where powers were granted to Congress • The states would remain a loose confederation

31. What was the Great Compromise/Connecticut Compromise? • Great Compromise/Connecticut Compromise • proposed by Roger Sherman of CT • Hybrid of the Virginia and New Jersey plans • Powers: • Gave Congress the power to tax • Allowed Congress to regulate trade

32. What was the Great Compromise/Connecticut Compromise? • Great Compromise/Connecticut Compromise • Structure of the Government • Bicameral legislature • House of Representatives-based on population (made large states happy) • Senate- based on equality, each state get two senators=two votes (made small states happy) • Three Branches of Government • Legislative (HoR and Sen.), Executive (independent of Legislative, equally as strong) and Judiciary (independent of two other branches) • Congress could not: • Veto state laws • Huge concession made by Madison

33. What is federalism? • Federalism: government power was divided between the state and the federal government • Federal government could not veto state laws • States could not print own money or provided debtors’ relief at the expense of creditors • This division allowed states to subject to a strong central government but allowed a good degree of autonomy as well

34. How was slavery addressed in the Constitution? • Slavery was a controversial issue during the convention • North v. South • Southern states feared Northern dominance because North had more free people • Demanded Constitutional protections of slavery • Slavery was “essential” to Southern Economy and Society • South Carolina and Georgia threatened to walk out with out any protections for slavery • Hamilton opposed slavery and did not want to protect it • Madison disliked slavery (still owned slaves himself) • Madison had three securities put into the constitution to placate Southern states

35. How did the Constitution protect Slavery? • Three Protections were instituted in the Constitution to protect slavery • 1. Congress could block or prohibit the importation of slaves until 1808 • GA and SC would import 100,000 more slaves by 1808 • 2. Three-Fifths Compromise: coutned each slave as three-fifths of a person and added that the states free population for allocation of seats in House of Representatives and votes in Electoral College • Gave more power to Southern States in House and Presidential Elections • Northern delegates preferred only free populations be counted • More free people in Northern States • 3. Fugitive slaves laws, committed all states to return runaway slaves to their owners, so running away did not technically free any slaves any more

36. What was left out of Constitution? • Constitution purposefully left out protections for individual liberties • Many state constitutions adopted a “Bill of Rights” • As SC delegate Charles C. Pinckney said: • “Such bills generally begin with declaring that all men are by nature born free. Such a declaration would come with very bad grace when large part of our consists in men who are actually born slaves.” • Unlike Declaration of Independence Constitution did not declare that all men are created equal • Not until 14th amendment after Civil War will everyone be seen as equal

37. Credits • Slide Background: free-ppt-templates.com • Animations: Animationfactory.com • Images: Google Image Search

38. Ratifying the Constitution Section 3

39. Did everyone accept the New Constitution? • No • Americans were were deeply divided over ratification or official approval Constitution • Chiefly among economic lines • In Favor:known as the Federalists • Stressed the weakness of the Articles and argued that only the new government could face the challenges of a new nation • Lawyers, Merchants, wealthy men • Stood to gain power in new federal government • People who live in the cities and seaports • Hurt by the economic depression under the Articles • Artisans • Hurt the worst by the economic depression under the articles

40. Did everyone accept the New Constitution? • In Favor: known as Federalists • Newspapers • Based in seaports and readership and ownership supported Constitution • Frontier Farmers • Believed strong, central government would be able deal with hostile Native Americans as well as British in frontier forts • Key Endorsers • George Washington, Benjamin Franklin • two of the most popular men in America • James Madison, Alexander Hamilton

41. Did everyone accept the New Constitution? • In Opposition: known as Anti-Federalists • Denounced the new Constitution as a retreat from Liberty • Especially disliked the lack of a Bill of Rights • Believed the Constitution did not protect our basic liberties from government power • Non-frontier Farmers were in opposition of Constitution • Feared that new government would not protect debtor relief measures of the states • Successful state politicians • feared losing their power to strong federal government • Key AntiFederalists • Samuel Adams, John Hancock, George Clinton (NY), Richard Henry Lee and Patrick Henry of VA

42. How was the Constitution ratified? • Unlike the Articles, the framers made it much easier to ratify by only requiring nine states to suffice for ratification • The delegates knowing that the states would not approve the new Constitution (states are losing a lot of power in the US Constitution) • Delegates called for special ratifying conventions to approve the constitution • In all conventions the Constitution was hotly debated • The Federalists were far more organized than AntiFederalists which allowed Federalists to succeed

43. How was the Constitution ratified? • The Federalist • Series of 85 essays • In NY the Constitution needed an extra boost for ratification • Written by three leading Federalist: Alexander Hamilton, James Madison and Jon Jay • They pointed out key points of the Constitution that the Anti Federalists feared • Separation of Powers-Three Branches of Governments • Prevent concentration of power • Checks and Balances • Would prevent one branch from gaining to much power • Argued States were the real threats to liberty lacked checks and balances

44. How was the Constitution ratified? • The Federalists won five quick victories in ratification conventions • Delaware, Pennsylvania, New Jersey, Georgia and Connecticut • Federalists only needed 4 victories in the remaining 8 states • Anti-Federalists were going to fight in the remaining states • In MAFederalists had to make 2 key concessions to sway moderate Anti-Federalists • 1. John Hancock, governor of MA, was hinted a promise of being the nation’s Vice President • 2. Promised to pass key amendments in a Bill of Rights • The promise of the Bill of Rights helped swayed the remaining states to reach nine

45. How was the Constitution ratified? • NY and VA were not the first 9 to ratify • The delegates knew that the new republic would not last long without VA and NY • VA narrowly passed ratification • Patrick Henry strongly opposed • NY only ratified when Hamilton threatened New York City’s succession from the state to join the New Union • With 11 states the first government was convened in New York City, March 4th, 1789 • RI and NC initially rejected the Constitution • In the newly elected Congress Madison drafted the Bill of Rights • A great first step but Madison left out key provision of equality for all

46. What are the Principles of the new Constitution? • The Constitution has 6 guiding Principles that serve as a symbol of freedom for Americans and all who live under a representative government • 1.Popular Sovereignty: all government power comes from the people. All political authority comes from the people. • 2. Limited Government: The powers of the government are specifically stated. • Rule of Law • Government leaders are not above the law

47. What are the Principles of the new Constitution? • 3. Separation of Powers: specific branches are very distinct powers and responsibilities • Legislative (Congress)- Makes the laws, controls the money • Executive (President/VP)- Enforces the laws, commands the armed forces and deals with foreign powers • Judicial (Supreme Court/Federal Courts)- Interprets the Constitution, enforces the laws, and tries criminals arrested by the Executive Branch • 4. Federalism: The Federal Government and State Governments share power

48. What are the Principles of the new Constitution? • 5. Checks and Balances: Each branch of government has the power to limit the other two • Ex. Congress can make laws, however the President can veto them • Congress can also override Presidential Veto • Ex. President can make treaties but the Senate must approve them • Ex. President appoints Supreme Court Justices but they serve for life, “insulating” them from politics • Ex. Congress and President pass a law, the Supreme Court can nullify a law through interpretation • Ex. The courts can find someone guilty, the President can pardon them

49. What are the Principles of the new Constitution? • 6.Representative Government: Citizens elect representatives to govern for them • Feared direct democracy as mob rule • Created Indirect Democracy • Citizens elected representatives to the House directly • Senators were chosen by state legislatures • now Senators are chosen directly • Electoral College • Group of persons chosen from each state to elect the President • Electors would be chosen by the State legislatures or the states could choose to let the people elect the President

50. How has the Constitution endured? • The Constitution is often ambiguous and vague when confronted with issues • Therefore two interpretations emerged and still endure to this day • Strict interpretation/Narrow interpretation • Constitution should be interpreted strictly and narrowly • This was meant to restrict to power of the federal government • This was the interpretation of Anti-Federalists like Thomas Jefferson • Broad interpretation/Open Interpretation • Constitution should be read broadly and openly • This was meant to allow the power of the federal government when necessary • This was the interpretation of Federalist like George Washington