Unit 3: Forming a New Nation. Standards: Standard 1: The student will demonstrate an understanding of the conflicts between regional and national interests.

Unit 3: Forming a New Nation

Standards:Standard 1: The student will demonstrate an understanding of the conflicts between regional and national interests in the development of democracy in the United States.

Indicator 1.4 – Analyze how dissatisfactions with the government under the Articles of Confederation were addressed with the writing of the Constitution of 1782, including the debates and compromises reached at the Philadelphia Convention and the ratification of the Constitution.

Indicator 1.5 - Explain how the fundamental principle of limited government is protected by the Constitution and the Bill of Rights, including democracy, republicanism, federalism, the separation of powers, the systems of checks & balances, and individual rights.

Objectives & Main Idea

Objective: Describe the successes and failures of the Articles of Confederation.

Main Idea: With independence achieved, the citizens of the new United States were faced with the task of building a nation, of

creating laws without renewing tyranny, of representing the will of the majority without trampling the rights of the minority, and of proclaiming liberty without bringing down upon themselves

the curse of anarchy.

I. Articles of Confederation (The Basics):A. What were they?

1. The first set of laws that America operated under from 1777 – 1789.

2. The Continental Congress provided the model for the Articles of Confederation government (the Confederation government).

Hey, what’s a confederation?

A confederation is a loose alliance

of the states!

B. Goal:1. To protect the rights they had fought for during the

Revolutionary War.2. Weak Central Government:

a.The American Revolution was fought to preserve the rights of their colonial assemblies; therefore the new states believed sovereignty rested in their state governments.

i. Thus developed a confederation of the 13 states to unite to fight the war.

b. Authority rested in the states, not in the central government.

II. Successes of the Articles of Confederation:A. American Revolution:

1. The confederation form of government under the Second Continental Congress proved effective during the American Revolution when the states had a common cause.

2. The Confederation government was satisfactory at the state level as states wrote new constitutions and passed laws that met their needs.

B. Treaty of Paris:1. The Confederation government was effective in negotiating

the Treaty of Paris to end the Revolutionary War.

C. The Northwest Ordinance:1. What were they?

a.Were laws that established a method for distribution of the national domain.

b. Set the precedent for the creation of new states.

Many historians view the Northwest Ordinance as the most important piece of legislation to come out of this period. The Ordinance provided a method for admitting new states. The territory includes the present-day states of Ohio, Indiana, Michigan, Illinois, Wisconsin, and part of Minnesota.

2. Origins:a. The controversy between large (New York and Virginia) and small

states (Maryland) over land claims in the west was resolved with the ceding of state claims to the Confederation government and the creation of the national domain.

b. Declared slavery illegal in the old Northwest Territory

i. This was the first effort by the national government to prohibit slavery in the territories.

3. The passing of the Northwest Ordinance was one of the first acts of the First Congress under the new Constitution of 1787.

c. Thus the system of creating new states on an equal footing with the original states is recognized as an achievement of the Confederation government.

III. Failure of the Articles of Confederation:A. Origins of the Problem:

1. After the Revolutionary War ended in 1781 and their common cause ended, Americans found that the Confederation government was too weak to meet the growing needs of the new nation.

2. The effectiveness of the new Confederation government was almost immediately called into question when its ratification was delayed by competing state interests.

3. Interruption of trade with Great Britain, the colonies principle trading partner, had led to a depression and challenges to the Confederation government.

B. Shay’s Rebellion:1. Some Americans found it increasingly difficult to pay

their mortgages and state taxes.2. Massachusetts farmers who were losing their farms

because of tax debt; marched to close the local courts and prevent foreclosure proceedings on their farms.

3. The march turned violent and without the ability to pay an army the national government had no way to respond to the crisis.

a.The rebellion was barely stopped.

Shay’s Rebellion led many to believe that there needed to be a stronger central government in the United States and ultimately led to the creation of The Constitution of the United States of America.

4. This unrest frightened many of the elite and prompted their support for a stronger national government that could preserve the peace.5. A convention was called together in Philadelphia, to draw up a law of the land that would address the problems with the Articles of Confederation.

Checking for Understanding:Checking for Understanding:

1. What was America’s first form of federal government called?

2. Why was a weak central government established?

3. What treaty ended the Revolutionary War?4. What was the significance of the

Northwest Ordinance? 5. What was the significance of Shay’s

Rebellion?

So how did we go from being governed by the Articles of Confederation to the Constitution?

IV. The Constitutional Convention (or The Philadelphia Convention):

A. Goals:1. Identify the problems with the Articles of

Confederation.2. Come up with ideas to fix the problems3. Compromise if necessary, to create a law system that

worked for the most people.

B. Military Problems:1. Articles of Confederation:

a. The National government could not tax the states – the national government could only ask for money; so the national government could not raise an army.

b. Once the Revolutionary War was over, many states refused to support the national government with funds.

c. The government was not able to support an army that would give the government diplomatic clout.

2. Constitutional Solution:a. The Constitution gave power to the national government to levy

taxes so they could maintain the army to “maintain domestic tranquility.” (an army)

C. State Conflicts:1. The Articles of Confederation:

a.The Confederation government could not resolve conflicts between the states over interstate trade, currency, or boundaries.

i. The states did not recognize national power.ii. There was not a judicial branch (courts) to resolve these issues.

2. Constitutional Solution:a. The Constitution gave the national government the exclusive power

to control:

i. Interstate Tradeii.Currency

b. A judicial branch of government was established with the right to resolve disputes between the states.

D. Diplomatic Problems:1. Articles of Confederation:

a. Enforcing the Treaty of Paris:i. The Confederation government had not been able to force the

British government to live up to provisions in the Treaty of Paris.

ii. British troops stayed stationed at frontier forts on American soil.

b. International Commerce:i. The national government could not persuade the British

government to allow the continuation of trade between British merchants and her former colonies.

ii. The Confederation government could not persuade the Spanish to allow Americans access through New Orleans to the sea.

iii. States were attempting to negotiate with foreign powers separately.

2. Constitutional Solution:a. Under the new Constitution, the national government was given

the exclusive right to make treaties with foreign powers thus enhancing their ability to protect the United States’ interests diplomatically.

3. Constitutional Compromise:b.Fear among delegates from Southern states that the power to

control international trade might prompt the new federal government to control the slave trade led to a compromise.

c. The federal government would not attempt to limit the international slave trade for at least 20 years.

i. Importation of slaves was made illegal in 1808.

E. Control of the States:1. Articles of Confederation:

a. The biggest problem of the Confederation government was the lack of power to solve national problems because the states refused to acknowledge the authority and power of the central government.

2. Constitutional Solution:a. The Constitution set up a federal system in which

the power of government was shared between the states and the national government.

F. Amendments:1. The Articles of Confederation:

a. Only could be amended if all of the states agreed. 2. Constitutional Solution:

a.The new constitution would make it easier to fix any unforeseen problems by including a provision for amendment by ¾ of the states.

G. Separation of Powers:1.The Articles of Confederation:

a. There was no executive branch of government to carry out the will of the national congress or a judiciary to resolve disputes.

2.Constitutional Solution:a. The Framers of the Constitution established three branches of

government, legislative, executive and judicial, each with its own powers. powers.

b.To meet the fear that the executive might become too strong, a system of checks and balances limited the power of each of the branches was added.

H. Representation:1.The Articles of Confederation:

a. The Confederation Congress consisted of one house where a state delegation had one vote, no matter how big or small the population of that state might be.

2.Constitutional Solution:a. Virginia Plan:

i. Large states wanted to be represented based on population

b. New Jersey Plan:

i. Small states wanted to preserve their power and continue to have one vote per state

c.The Great Compromise (Or The Connecticut Plan):i. The compromise was a bicameral legislature:

1. Senate: each state has two votes2. House of Representatives: based on population.

RepresentationRECAP:

Checking for Understanding1. What was the biggest financial obstacle e faced under

the Articles?2. What were some international issues America faced

under the Articles?3. How did the Constitution address the issue power

(who should have it, how was it divided?)4. What two branches of government were not included

in the Articles?5. What are the three branches created under the

Constitution?6. What is the purpose of checks & balances?7. How did the Great Compromise address the issue of

representation?

3. Constitutional Compromise:a.Issue:

i. Southern states wanted to count slavesii.Northern states, many of which were in the process of

gradually emancipating their slaves, did not want to give southern states this political advantage.

b. 3/5 Compromise:i. Slaves were to count as 3/5 of a person

for the purposes of both representation and taxation.

ii. However, no taxes were ever levied based on the population of the states.

For every five slaves, three would count towards the population total & for tax purposes.

I. Authority to Rule:1.Articles of Confederation:

a. Authority of the Confederation government derived from the states so delegates to the Confederation Congress were selected by their state legislatures.

b.The common man had very little say in government.2.Constitutional Solution:

a. Basic Beliefs:i. The Philadelphia convention declared that the authority to govern

was granted by “We, the people” ii. The Framers believed in “no taxation without representation” so

they gave the House of Representatives the right to create taxes.

b.The House of Representative:i. Directly elected by the voters of their states and now the common

man had a say.

3. Constitutional Compromise:a. Problem:

i. The Framers also feared the uncontrolled will of the people.

b. Electoral college:i. Created to elect the president.ii.Meant to buffer the impact of the popular will on the

election of the presidentc. Indirect Election of Senatorsd. Stated that justices of the Supreme Court should be

nominated by the president and confirmed by the Senate.

V. Ratification of the Constitution:A.Process:

1.The Constitution was sent to special state conventions for ratification that required the vote of 9 states, rather than unanimous approval required for amendment of the Articles of Confederation.

Scene at the Signing of the Constitution of the United States

(Independence Hall, Philadelphia)

B. The Debate:1.Federalists:

a. Were in favor of ratifying the Constitutionb.Wanted a stronger national government, capable of protecting

the rights of the people against local prejudices but not so strong as to threaten the liberties of the people.

c.Represented the elites of the coastal areas. d.Who were they:

i. James Madison, Alexander Hamilton and John Jaye. The Federalist Papers:

i. A series of essays written to influence the New York ratifying convention to ratify a stronger national government.

ii.Provided an understanding of the intentions of the framers of the Constitution.

2. Anti-Federalists:a.Opponents of the Constitution b.Concentrated among the backcountry farmers.c.Feared the power that the elites would have in a strong

national government located far away from the influence of the people.

d.Believed that state governments would be more responsive to the needs of the people.

e.Worried about personal rights of the citizens.

Federalist vs. Anti-FederalistStrongholds at the End of the War

C. Compromise:1. Bill of Rights:

a. Protected the rights of the individual against an abusive government.

2. Several states ratified only on the condition that a bill of rights would be added.

D. The constitution was ratified and became the law of the land on June 21, 1788.

The Bill of Rights protects the nation’s citizens from too much

government interference and guarantees basic liberties.

Recap:

Checking for Understanding1. Why did Southern states want to count

slaves in their population total?2. How did the Three-Fifths Compromise solve

this issue?3. What is the Electoral College, and WHY was

it created?4. What were some major differences between

the Federalists and Anti-federalists?5. Why was the Bill of Rights added to the

Constitution?

VI. Understanding the New Constitution:A. Limited Government:

1.The idea of limited government is that the government must be controlled so that it cannot infringe upon the rights of the people.

a.Under the Constitution, the power of the national government is limited.

B. Sovereignty:1.The fundamental principle of democracy is that the

government derives its power from the consent of the governed.

2. Under the Articles of Confederation, sovereignty lay with the states.

3. Under the Constitution, the authority to govern derives from the people as evidenced by the language “We the People…do ordain and establish this Constitution.”

Hey, what does sovereignty mean

again?

It is the policy of having supreme,

independent power to rule

and make laws.

C. Republicanism:1. The United States was never meant to be a true

democracy.a. It did not recognize the right to vote of several classes of

people.

2. Representative Government:a. It did recognize that the ultimate governing authority rested

with the voters.

b. Voters were to be represented by elected legislators who would make decisions in the interests of the voters.

c. Voters elect the members of the House of Representatives.

3. Limiting the Power of the People:a. However the Framers also feared the

uncontrolled will of the people so they devised a system for indirect election of Senators.

b. Electoral College: i. Meant to buffer the impact

of the popular will on the election of the president.

c. The national judiciary is not elected but appointed by the chief executive and confirmed by the Senate.

D. Federalism:1. Origins:

a.The Framers of the Constitution included in the structure of the government protections that would limit the power of the national government.

2. What is Federalism?a.The principle of federalism limits the power of the

national government by only delegating it some powers.

3. Three Types of Power under Federalism:a.Federal Powers (reserved for the national government)

i. War; Peace Treatiesb.State Power:

i. Marriage, Educationc.Concurrent Powers (shared powers between the national

government and the states)i. Taxes

Let’s See what you know… 1. The power to coin money State or Federal power?

FEDERAL2. Marriage/Divorce Licenses – State or Federal?

STATE

3. Levy taxes?

4. Declare War – State or Federal?

STATE Or FEDERALIt’s both! It is a concurrent power.

FEDERAL

5. Punish Crimes – State or Federal?

6. Establish the Post Office?

Both states and the Federal government have this authority.

FEDERAL!

E. Separation of Powers:1.Origins:

a. The Framers divided the power of the national government among three branches so no one person or group could control the whole government.

2.The Three Branches:a.The Executive Branch:

i. The President of the United Statesii.Enforces the laws of the nation, and is the commander in

chief of the armed forces.

The executive branch consists of the president, vice president and Cabinet departments. The primary power of the executive branch rests with the president, who chooses his vice president, and his Cabinet members who head the respective departments.

b. The Legislature Branch:i. Creates laws, approves taxes, and commits to treaties.ii. The Congress of the United States

1.The Senate2.The House of Representatives:

1. The House of Representatives was given the exclusive right to initiate tax bills because they more directly represent the people.

The House of Representatives and the Senate make up the United States Congress. The job of Congress is to pass bills and make laws. The Senate meets in one wing and the House of Representatives meets in the

other.

Congress Hall located in Philadelphia, Pennsylvania, served as the seat of the US Congress from December

6, 1790 to May 14, 1800.

US Capitol Building in Washington, D.C.

c. The Judiciary Branch:i. The Supreme Court of the United Statesii. Decides if laws are constitutional or not.

The judicial branch consists of the United States Supreme Court and lower federal courts. Its primary function is to hear cases that challenge legislation or require interpretation of that legislation. The U.S. Supreme Court has nine Justices, who are chosen by the President, confirmed by the Senate, and have a lifetime appointment.

F. Checks and Balances:1.Origins:

a.A system of checks and balances further ensured that the power of each branch was limited by a competing power in another branch.

b.Example 1:i. The legislature has the power to pass lawsii.The executive can veto those laws. iii.The legislature can override a veto with a

supermajority vote (2/3 vote)iv.The Judiciary can strike down any law as

unconstitutional.

c. Example 2:i. The executive branch has the power to make treaties

with foreign governments.ii. Only the Senate can ratify these treaties.

d. Example 3:iii.Members of the judiciary and the chief executive can be

removed from office with an impeachment procedure carried out by the legislature

VII. Bill of Rights:A.Origins:

1.Federalists promised Anti-Federalists that these amendments would be added to the Constitution if they agreed to ratify it.

2. Helped convince many Anti-Federalists that the Constitution should be ratified.

B. What do they do?1. Limited the national government from infringing on the

rights of the people.2. Examples:

a. First Amendment: Rights of freedom of speech, religion, assembly, and the press;

b. Second Amendment: Right to bear armsc. Fourth Amendment: Protects against unfair trials and

unreasonable search and seizure.

Constitution RECAP:

Checking for Understanding:1. What is meant by representative government?2. What is the Electoral College and why was it

created?3. What is federalism? What are the three types of

powers under federalism?4. What is the role of the Executive, Legislative, and

Judicial branches of government?5. What is the purpose of checks & balances? Who

can provide an example of this?6. Why was the Bill of Rights added to the

Constitution? Who can tell me one right included in the Bill of Rights?