Creating the First Government

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Creating the First Government

• --UNIT TWO--

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I. American Government during the American
Revolution

• A. Colonies become States
• 1. During the 2nd Continental Congress, John
  Adams proposed that each state adopt their own
  independent government and write a Constitution
  (May 10, 1776)
• 2. Constitution a document that sets out the
  principles and basic laws of a government
• 3. Two reasons for a state Constitution
• a. spell out the rights each citizen had.
• b. set limits on the power of Govt.

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• 4. Limit the Power of the Government
• a. All the states (except Penn.) divided power
  between a legislature and an executive.
• --A legislature makes laws, elected by the
  people, and divided into two houses, or groups
• --An executive carries out, or executes laws.
  (State ExecutiveGovernor)
• b. Some States (Virginia) even created a Bill
  of Rights
• --A bill of rights lists the freedoms that
  the government promises to protect.

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B. Basic Ideas of the State Constitutions

• 1. Higher law and natural rights
• a. Constitution a higher law (superiority laws)
• b. Purpose of govt. was to preserve and protect
  citizens natural rights of life, liberty, and
  property
• 2. Social Contract
• a. State govts formed as a result of a social
  contract
• b. Agreement among its people to create a govt
  to protect natural rights

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The Social Contract
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• 3. Popular Sovereignty
• a. The people hold the power and the people are
  sovereign (highest authority)
• b. Basis for every state constitution
• c. Govt. can only exist and function with the
  consent of the people/governed
• 4. Representation and the right to vote
• a. Creation of legislatures that were composed
  of elected representatives of the people
• b. Right to vote all white male property
  owners
• c. 70 white males could vote
• d. Only 10 could vote in England

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• 5. Legislative Supremacy
• a. Most of the power given to the legislature
• b. Legislature considered the safest branch of
  govt.
• Why?
• c. Distrust of the executive and judicial
  branches
• 1. former Kings Governors and Council
• 2. Very little power given to these branches

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• 6. Checks and Balances
• a. Not much balance to the state constitutions
• b. Legislature divided into two houses
  (bicameral)
• c. Elections used as a check on legislatures
  power

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C. The Constitution of Massachusetts

• 1. 1780, Massachusetts became the last state to
  ratify a state constitution
• 2. Written by John Adams
• 3. Served as a model for the US Constitution
• -Three parts (preamble, declaration of rights,
  and the framework of the Massachusetts govt.)

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• 4. Strong Executive Branch
• a. Governor elected by the people
• b. Salary fixed
• c. Power to veto laws (check on legislature)
• d. Power to appoint officials

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• 5. Division of society
• -each level of property owners were given voting
  powers specific to a branch of govt.
• 6. Oldest constitution still in use today
• 7. Based on the principles of
• a. Separation of powers
• b. Representation
• c. Checks and Balances

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D. Declaration of Rights

• 1. Most state constitutions began with a
  Declaration of Rights that guaranteed certain
  basic rights
• 2. Virginia Declaration of Rights (June 12,
  1776)
• a. Written by George Mason
• b. Relied heavily on the writing of John Locke
• c. Influenced Thomas Jefferson
• d. It was copied by the other colonies and
  became the basis of the Bill of Rights

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• e. Rights included
• 1. Power derived from the people
• 2. Natural rights protected
• 3. If govt does not protect those rights, then
  the people have the power to abolish it
• 4. Guarantee of Due Process of law
• 5. Freedom of press and religion

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II. The Articles of Confederation

• A. History
• 1. Richard Henry Lee
• a. Resolution led to the Declaration of
  Independence
• b. Also called on a plan of confederation
• 2. 2nd Continental Congress
• a. Need for colonial unity during the
  Revolution
• b. John Dickinson drafted a plan of government
  called the Articles of Confederation
• c. Submitted the plan to the Congress 8 days
  after the signing of the Declaration of
  Independence.

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B. Established

• 1. A firm league of friendship among the States
• 2. Each State would retain sovereignty, freedom,
  and independence
• 3. 1st attempt at a Federal Constitution
• ---Preamble and 13 Articles

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• 4. The Articles did not go into effect
  immediately
• a. Written in July 1776
• b. The ratification (approval) of each of the 13
  states was needed first
• c. Did not receive final approval until
• March 1, 1781
• 1. States argued over western land claims
• 2. Maryland was the final State to approve

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C. Structure of Government

• 1. A Congress was the sole govt. body created
• a. Unicameral assembly
• b. Made up of delegates chosen yearly by the
  States
• c. Each state had one vote in Congress
• 2. No Executive or Judicial branches created,
  these functions were handled by committees of
  Congress

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• 3. Powers of Congress
• a. Make war and peace
• b. Enter into treaties and alliances
• c. Borrow money and set up a money system
• d. Create post offices
• e. Build an army and navy

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• 4. Obligations of the States
• a. Provide funds and troops upon request
• b. Submit disputes to Congress for settlement
• c. Pledge support to the Articles of
  Confederation

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D. Weaknesses of the Articles

• 1. Congress did not have the power to tax
• a. Could only raise money by borrowing or asking
  the States for funds
• b. Many debts remained from the Revolution
• c. Why no power to tax?
• 2. No system of federal courts
• 3. No power to regulate trade between the states
• ---No national currency
• 4. States held the majority of the power

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IV. Outcomes of the Articles of Confederation

• A. Accomplishments
• 1. Treaty of Paris
• 2. Land Ordinance of 1785
• a. The Western territory was divided into
  10 districts.
• b. Land would be surveyed and divided
  into a neat grid of townships, each 6 miles
  square.
• c. Each township had 36 sections, each 1
  mile square.
• d. Government owned four of the sections.
• e. One section would be sold to support
  public schools.
• f. This same regular grid was used in
  other territories. It ended many boundary
  disputes.

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• 3. Northwest Ordinance (Jan, 1787)
• a. Outlined the structure of the lands north of
  the Ohio River and west of the Appalachian Mts.
• b. Established the process for creating
  territories and establishing states
• c. Lot of lands set aside for public schools
• d. No slavery in the Northwest Territory
• e. A district could become territory with a
  population of 5,000 adult males. Then could send
  a nonvoting representative to Congress
• f. A territory could write a constitution and
  apply for statehood with a population of 60,000
• 4. First attempt at unity for the 13 states

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B. Troubles facing the new nation

• 1. Economic Problems
• a. States placed taxes on goods coming into
  their state
• b. States began dealing with foreign nations
  directly
• c. Govt. owed 40 million to foreign govt.s and
  to American soldiers
• d. Economic depression
• 1. Crop prices low
• 2. Farmers and small businesses suffered

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• 2. Problems with foreign nations
• a. Because it was so weak, Congress had trouble
  taking advantage of the territory that the United
  States had won in the Treaty of Paris.
• b. The British did not leave their forts in the
  Great Lakes region.
• c. The British and their Native American allies
  kept American settlers out of the Northwest
  Territory.
• d. Negotiating with Spain about uses of the
  Mississippi and port of New Orleans was
  difficult.

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3. Economic problems led to rebellion

• a. Armed groups of farmers forced several courts
  to close in order to prevent farm foreclosures
• b. Shays Rebellion (Aug. 31, 1786)
• 1. Daniel Shays
• 2. Led a group of farmers to the Massachusetts
  State Supreme Court in Springfield, Mass. to ask
  for help (rejected)
• 3. Attempted to take control of the federal
  arsenal, but stopped by militia and federal
  troops

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• c. Effects of the Rebellion
• 1. Showed that the Articles of Confederation
  could not protect the citizens
• 2. Showed the severe economic conditions
• 3. Pushed the nations political leaders to take
  action to improve the government