Building a New Nation The Articles of Confederation to the United States Constitution.

Building a New Nation

The Articles of Confederation to the

United States Constitution

Timeline of Events

• 1777– Second Continental Congress adopts the

Articles of Confederation– Vermont abolishes slavery

• 1780– States begin ceding western land to

union– Other northern states emancipate slaves

Timeline of Events

• 1781– The Articles of Confederation, which

John Dickinson helped write five years earlier, go into effect

– Joseph II allows religious toleration in Austria

• 1782– Rama I founds a new dynasty in Siam

with Bangkok as the capital

Timeline of Events

• 1783– The Treaty of Paris at the end of the

Revolutionary War recognizes United States independence

– Russia annexes the Crimean Peninsula

– Ludwig van Beethoven’s first works are published

Timeline of Events

• 1784– Russians found colony in Alaska

– Spain closes the Mississippi River to American commerce

• 1785– Land Ordinance of 1785 is adopted

– The Treaty of Hopewell concerning Native Americans lands is signed

Timeline of Events

• 1785– New York state outlaws slavery

– Jean-Pierre Blanchard and John Jeffries cross the English Channel in a balloon

Timeline of Events

• 1786– Daniel Shays leads a rebellion of

farmers in Massachusetts

– The Annapolis Convention is held

– The Virginia legislature guarantees religious freedom

– Charles Cornwallis becomes governor-general of India

Timeline of Events

• 1787– The Northwest Ordinance is passed– Constitutional Convention meets in

Philadelphia– First Federalist paper written– Delaware first state to ratify new

constitution– Sierra Leone in Africa becomes a haven for

freed American slaves– War breaks out between Turkey and Russia

Timeline of Events

• 1788– New Hampshire is the ninth state to

ratify the Constitution on June 21st

– The Constitution, which James Madison helped write at the Pennsylvania State House, is ratified

– Austria declares war on Turkey

– Bread riots erupt in France

Timeline of Events

• 1789– First presidential election– First Congress meets– George Washington inaugurated, April

30th

– Bill of Rights passed by Congress– Judiciary Act of 1789 passed

• 1790– Funding and Assumption passed

Timeline of Events

• 1791– First Bank of the United States

created– Ratification of the Bill of Rights

completed on December 15th

• 1792– Washington reelected unanimously

The Articles of Confederation

• Basic ideas

– Two levels of government will share fundamental powers

– State governments had some supreme powers while the federal government had others

The Articles of Confederation

• Powers given to Congress– Declare war– Make peace– Sign treaties– Borrow money– Set standards for coins & for weights &

measures– Establish a postal service– Deal with Native American peoples

The Articles of Confederation

• Weaknesses– Each state had only 1 vote in

Congress, regardless of size– Congress could not enact or collect

taxes– Congress could not regulate interstate

or foreign trade– No executive branch to enforce the

laws of Congress

The Articles of Confederation

• Weaknesses– No national court system to settle

legal disputes– Articles could be amended only if all

states approved (unanimous)– 2/3 majority needed to pass any law

(9 out of 13 states)– The 13 separate states lacked

national unity

The Articles of Confederation

• By 1779, 12 states had agreed to accept the Articles of Confederation

• Maryland refused until Virginia & New York agreed to cede the land

• 1781 – March 1st – Maryland finally accepts the Articles of Confederation and they go into effect

Land Ordinance of 1785

• Established a plan for surveying the land• Divided the land into townships of 36

square miles• Each section is 640 acres• An individual could buy a section and sell

off acreage• Typical farm is 160 acres (4 farms per

section)• Minimum price - $1.00 per acre

Northwest Ordinance of 1787

• Was the procedure for dividing the land into territories

• Set requirements for the admission of new states

• Overlooked the land claims of the native Americans

Northwest Ordinance of 1787

• Requirements for admission of new states– Congress would appoint a territorial governor

and judges– A territory with 5000 voting residents (white

male landowners) could write a temporary constitution and elect their own government

– When the population reached 60,000 free inhabitants, the settlers could write a state constitution, have it approved by Congress and then be granted statehood

Problems under the Articles

• Shays’ Rebellion– Uprising in Massachusetts (1786 –

1787)– Caused by excessive land taxation,

high legal costs, and an economic depression following the Revolution

– Poor farmers were threatened with loss of their property or imprisonment for their debt

Problems under the Articles

• Shays’ Rebellion– All over the state in 1786, smaller uprisings

were stopping courts from holding session– Daniel Shays led an army of 1,000 farmers

to seize the arsenal in Springfield, MA– Without authorization, the Massachusetts

militia stopped Shays and his men before they could seize the arsenal

Annapolis Convention• In 1786, James Madison, Alexander

Hamilton and others called for a convention to revise the Articles of Confederation

• The assembly met in Annapolis, MD from September 11 - 16

• Five states sent delegates to the Annapolis Convention where they decided to set a convention for the following year in Philadelphia, Pennsylvania.

Annapolis Convention

Ending the Confederation

• After Shays’ Rebellion, 12 states, except Rhode Island, sent delegates to a convention in Philadelphia, Pennsylvania.

• So in the same room that the delegates of the Second Continental Congress created and signed the Declaration of Independence, a convention was held and a group of men led by George Washington brought forth a new government after deciding to do away with the ineffective and weak Articles of Confederation.

Creating a New Government

• In May of 1787, 55 men met in Philadelphia, PA in a closed room to revise the Articles of Confederation.

• What they chose to do instead was create a brand new form of government, one that we still use today.

• George Washington was elected chairman of the convention

Dealing with the Issues

• In the process of creating a new government, the delegates needed to solve the issue at hand– Balance of Power– Congressional Vote– Slaves– Rights of the People

Representation in Congress

•Large v. Small states–Two plans were developed

•Virginia Plan•New Jersey Plan

–Compromise was needed•Connecticut Compromise also known as the Great Compromise

Virginia Plan• Written by James Madison• Proposed a bicameral (two house)

legislature with membership based on each state’s population

• Lower house would be elected by the people, the upper house by the lower house

• Had three levels of government that shared powers (executive, legislative, and judicial)

New Jersey Plan• Written by William Paterson • Proposed a unicameral (one house)

legislature with each state being given one vote in Congress regardless of size

• Had three levels of government that shared powers (executive, legislative, and judicial)

The Great Compromise• Also known as the Connecticut Compromise• Written by Roger Sherman• Proposed a bicameral (two house) legislature • The upper house (Senate) would have equal

representation – 2 votes per state who were elected by the state legislatures.

• The lower house (House of Representatives) would have representation based on population of the state elected by the voters.

• Had three levels of government that shared powers (executive, legislative, and judicial)

Three-Fifths Compromise• Northern v. Southern States

– Northern states did not want slaves counted when figuring representation in the House of Representatives

– Northern states wanted slaves counted when levying taxes

– Southern states wanted slaves counted when figuring representation in the House of Representatives

– Southern states did not want slaves counted when levying taxes

Three-Fifths Compromise

• The Compromise

– 3 out of every 5 slaves would be counted for representation in the House of Representatives as well as for tax purposes

• This settled the political issue but not the economic issue of slavery

Division of Powers• Strong Central Government v.

Strong State Governments– Strong Central Government

• Authority derives power from the people• The central government should be

stronger than the states

– Strong State Government• Authority derives from the states• The states should remain stronger than

the central government

Division of Powers

• Federalism– A new system of government in which

powers are divided between the national government and state governments• Delegated (enumerated) powers are powers

given to the national government by the Constitution

• Concurrent powers are those shared by the national and state governments

• Reserved powers are those only given to the states

Division of Powers• Delegated Powers

– Print money – Regulate interstate

(between states) and international trade

– Make treaties and conduct foreign policy

– Declare war – Provide an army and

navy – Establish post offices – Make laws necessary and

proper to carry out the these powers

• Reserved Powers

– Issue licenses – Regulate intrastate (within

the state) businesses – Conduct elections – Establish local

governments – Ratify amendments to the

Constitution – Take measures for public

health and safety – May exert powers the

Constitution does not delegate to the national government or prohibit the states from using

Separation of Powers

• Three Branches of Government– Executive

• Headed by the President• Enforces the laws

– Legislative • Headed by Congress• Makes the laws

– Judicial• Headed by the Supreme Court• Interprets the laws

Checks and Balances

• This system was established to prevent any one branch from dominating the others.

• Each branch is given powers so that they may check to make sure the others are not abusing the powers given to them.

Legislative Checks on the Executive

• Congress can override a presidential veto

• Congress approves funding for presidential programs

• Congress can impeach and remove the president and other high officials

• Senate affirms or rejects federal appointments

Legislative Checks on the Judicial

• Congress established lower federal courts

• Senate confirms or rejects appointments of judges

• Congress can impeach and remove federal judges

Executive Checks on the Legislative

• Can veto bills of Congress

• Can call special sessions of Congress

• Can influence public opinion

• Can propose legislation

Executive Checks on the Judicial

• Appoints federal judges

• Can pardon or reprieve people convicted of federal crimes

Judicial Checks on the Executive

• Appointed for life, the federal judges are free from presidential control

• Can declare presidential actions unconstitutional

Judicial Checks on the Legislative

• Can decide the meaning of laws

• Can declare acts of Congress unconstitutional

Electoral College

• Each state is given a certain number of electors (based on representation in Congress)

• Voters choose which electors will be sent to vote for the candidate who wins the state

• The electors place their votes and whoever wins becomes president

Amending the Constitution

• In order to make the Constitution a success, the delegates provided a way to amend (alter) it.

• 2/3 of both houses of Congress or 2/3 of the states may call for a convention to propose amendments

• Once an amendment has been agreed upon by the convention, ¾ of the states need to ratify it for it to become law.

• The Constitution has been amended only 27 times.

Ratification

• Ratification (official approval) – required that 9 out of 13 states approve it

• Two groups emerged during this time– Federalists– Anti-Federalists

• Occurred on June 21, 1788 when New Hampshire became the 9th state to ratify the Constitution– Delaware was the first to ratify, Virginia,

the 10th, and Rhode Island the last in 1790

Federalists• Supported the Constitution as it was• Favored a strong national government

that shared some powers with the states

• Believed a strong national government was necessary to facilitate interstate commerce and to manage foreign trade, national defense, and foreign relations

• Believed that the Constitution did not need a bill of rights because the states had already provided for them in their constitutions

John Jay Alexander Hamilton

James Madison

Anti-Federalists

• Believed that a strong national government would take too much power from the state and local governments

• Believed a Bill of Rights was necessary to protect people’s rights

Patrick Henry DeWitt Clinton

Samuel Adams

Bill of Rights

• In order for the Constitution to be ratified, the people demanded a Bill of Rights

• First ten amendments to the Constitution

• Written largely by James Madison • 12 amendments were submitted to the

people only 10 passed

Bill of Rights

• Amendment 1– Freedom of Religion, Speech, Press,

Assembly and Petition• Amendment 2

– The right to bear arms• Amendment 3

– The quartering of soldiers• Amendment 4

– Search and Seizure (probable cause)

Bill of Rights• Amendment 5

– Rights of the Accused – trial by jury, double jeopardy, self-incrimination, due process of law

• Amendment 6– Right to a speedy, public trial

• Amendment 7– Trial by jury in civil cases and common law

• Amendment 8– Limits on fines and punishments

Bill of Rights

• Amendment 9– Rights of the People – The government cannot interfere with a

person’s choices in certain cases

• Amendment 10– Powers of the States and People– Powers not delegated in the Constitution

are reserved to the states and the people

Adoption of the Bill of Rights• September 1789

– Congress submitted 12 amendments to the state legislatures for adoption (ratification)

• December 1791– ¾ of the states ratified 10 of the 13– 10 of the 13 original states had ratified by

1791• Three of the original states did not ratify

the Bill of Rights until the 20th century– Massachusetts – March 2, 1939 – Georgia – March 18, 1939– Connecticut – April 19, 1939

Interesting Facts

• Native Americans and slaves were excluded from the Bill of Rights

• Women were not mentioned in the Constitution

• Later amendments would protect these groups

• The flexibility of the U.S. Constitution made it a model for governments around the world.