Creating agovernment1

Creating A Government 1777-1791

Articles of Confederation

Articles of ConfederationWe won the war now we must govern ourselves 1777-1787

Overview

Second Continental Congress proposed for adoption 1777

Approved 1781

Formed a confederation of states, each had a separate government

John Dickenson-Author of A o C

Decentralized Government

States possessed the powerCould Veto national lawsVoluntary participation

Specific elements of the Articles of Confederation

Single chamber national Congress-unicameral Each state had one voteNo executive branchNo judicial branch

Provided for a weak national government

Successes

Fought and Won the Revolution

Land Ordinance of 1785

Established unit of settlement for townships6 square miles, divided into 36-640 acres each, one would be a source of income for schools

Successes Northwest Ordinance of 1787

Steps for admission of new states

3 stages

During settlement years-Congress appoints territorial governors and judges

When reaches 5,000 adult males-write temporary constitution-and elect representatives

When it reaches 60,000 write state constitution-Congress approves for statehood

Forbid slavery in NW territory-states could decided later

Fail! - EconomicCould request funds from states

Could not tax unless every state approved

Could not regulate interstate/overseas commerce (trade)

Provided for no common currency

7 different currencies

Fail! – Shay’s RebellionEconomic conditions for farmers in Massachusetts were bad, because of taxes

1786 a group of 100+ farmers lead by Daniel Shays decided to close down the courts in Massachusetts, so the courts could not close their farms

They decided to take control of an arsenal in Springfield

The rebellion was defeated, but it sent a shockwave across the country

Government was too decentralized to deal with major problems

Could not raise military to put down Shay’s rebellion

The Constitutional Convention

The Constitutional ConventionAmerica needed a change, the Articles were not working1787

The Delegates The Confederation Congress requested the delegates be sent form every state to a convention in Philadelphia to revise the Articles of Confederation

55 Delegates from 12 states attended, Rhode Island did not attend (who were they)

Average age 42WhiteMaleHad money

Who was thereWashington, Franklin, Madison

Who wasn’tJefferson & Paine (France), Henry (opposed)

The Convention May 25, 1787 the convention begins

The Framers decided to write a new constitution

They decided Government should have limited powersIt should protect the basic rights of people and promote the common welfareA need for a strong national governmentA need for a republican government The government needs to have a system of checks and balances

In less than four months they created a government that has lasted over 200 years

George Washington

Chairman of the Convention

Seldom participated

Lent his prestige to the proceedings

James Madison Father of the Constitution

Virginian

Lead the debates

Kept notes of the proceedings

Authored the Virginia Plan

Later authored much of the Bill of Rights

Compromise

Key Compromises The framers had to overcome some differences to create the new government

Problem: Representation in the

National CongressLarge States

Favored

Virginia PlanStates get

representation based on

population

Small States Favored

New Jersey Plan

Each state received the

same number of votes (equal

representation);

Solution: The Great Compromise

Virginia

Plan

New Jersey Plan

The Great

Compromise

The Connecticut Plan• Bicameral legislator (two house)• Upper house, the Senate, each state receives

the same number of vote (2)• Lower House, House of Representatives,

representation is based on population

3/5 Compromise Problem

Southern states wanted to count slaves in their population-more representation in Congress

Solution Slave would count as 3/5 a person towards representation and taxation

Commerce Clause

ProblemGranting Congress the power to regulate foreign and interstate trade

Solution Congress could control Foreign & Domestic trade

Tax imports (good coming in)

but not state’s exports

Constitution

Articles of the Constitution The Constitution specifically outlines the powers of the Government

Separation of Powers

Article 1: Legislative Branch

Congress (House and Senate)

Senate approves people hired by President

Approves taxes

Senate approves treaties

Declares war

Makes laws

Article 2: Executive Branch

President & Departments

Approves and vetoes laws

Heads armed forces

Hires cabinet and other chief officials

President and Cabinet make policies

Civil Service: carries out day to day functions of the government

Article 3: Judicial Branch

Supreme Court & Federal Courts

Interprets the laws

Declares constitutionality

Hears appeals

Separation of PowersChecks and Balances Keeps one branch from gaining too much power over the others

Article 4: The States

Federalism: the relationship between states and the federal government

Article 5: Amendment Process

Allows the government to make changes, called amendments, to the Constitution.

Two thirds of both houses of Congress must agree to propose an amendment. It takes a positive vote by three fourths of the states to make an amendment law

Article 6: Supremacy Clause • Makes the Constitution the

Supreme Law of the land• States can’t pass laws that

over rule the Constitution

US

Constitution

Acts of

Congress

State

Constitutions

State Statues

City/Local

Ordinances 

Article 7: Ratification

Established that the document must be ratified by the States (3/4) for It to become law

Ratification

Ratification Once delegates left the convention that had to get their states to ratify the Constitution1787-1791

OverviewProcess established by Framers – Article 7

Debate occurred: between the Federalist and Anti-Federalist

Delegates elected to state conventions to accept or reject the Constitution (bypass state Legislators)

Nine states had to accept, before it could be ratified

FederalistFavored strong national government sharing power with the states

Believed that separation of powers (3 branches of government) had built in checks and balances

Believed that federal powers were needed to manage trade, defense, and foreign relations

Believed that factions balanced each others’ power-

Believed Citizen’s rights were implied-no need for Bill of Rights

Federalist Papers:A collection of 85 essays that argued the positions of the Federalist

Anti-Federalist

Believed that the federal government would favor the interest of the rich and powerful and ignore the rights of the masses

Believed that one central government would be too powerful and would threaten individual rights and liberties

Believed that individual rights must be protected in a Bill of Rights

Virginia Documents and Freedom How VA helped make the Bill of Rights

Virginia Declaration of RightsAuthor George Mason

1776

It guaranteed certain rights that the government can not take away (what are these called)

ExamplesFreedom of worshipFreedom of speechThe right to a fair trial

Virginia Statute for Religious Freedom

Author Thomas Jefferson

1786

Established separation of Church and state

Eliminated official state church

Church could no longer received money from taxes

Established principals of religious liberty

Bill of Rights Authored by James Madison

Created because of the efforts of the Anti-Federalist

Guaranteed the rights of individual citizens, the new federal government could not take away

Without addition of the Bill of Rights to the Constitution, it may not have been ratified

Bill of Rights very similar to the Virginia Declaration of Rights and Virginia Statute of Religious Freedom

First 10 amendments to the Constitution