UNIT 4 Writing A Constitution

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UNIT 4Writing A Constitution

• The Philadelphia Convention of 1787 is considered
  part of the Constitutional Era

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Key Terms

• Constitution, a document that sets out the laws,
  principles, organization, and processes of a
  government
• Bill of Rights, a list of freedoms that the
  government promises to protect
• Execute, to carry out the laws
• Ceded, to give up lands
• Articles of Confederation, a very loose alliance
  of 13 individual states

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Key Terms

• Currency, money
• Land Ordinance of 1785, a system for settling the
  Northwest territory
• Northwest Ordinance, a government for the
  territory that guaranteed basic rights to
  settlers and outlawed slavery
• Depression, a period when business activity
  slows, prices and wages fall, and unemployment
  rises
• Shays Rebellion, a 1786 revolt in Massachusetts
  led by farmers in reaction to high taxes

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Sequence of Events

1. Second Continental Congress meets
2. British forces are defeated and Revolutionary War
   ends
3. Philadelphia Convention commences
4. Election of the first President of the United
   States

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The States Write Constitutions

• Two Reasons
• 1- spell out rights of citizens
• 2- limit power of government
• Virginia adds a Bill of Rights
• 1- trial by jury
• 2- freedom of religion
• 3- freedom of speech
• Other states followed Virginias lead

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Objectives of States and Colonies

• Divide power
• 1- executive, all but Pennsylvania had Governors
• 2- Legislature, elected by the people
• More people had right to vote
• 1- white males over 21
• 2- own certain amount of property
• Or
• pay certain amount of taxes
• 3- for a time, New Jersey allowed some women to
  vote
• 4- a few states allowed property owning African
  Americans to vote

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Articles of Confederation Problems

• Continental Congress was drafting a plan for the
  nation
• Felt it was needed to unite the nation in order
  to win independence
• Problems
• 1- hard to write and get all states to approve
• 2- States did not want to give up power to
  Central Government
• 3- did not view themselves as citizens of one
  nation

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The Articles of Confederation

• First American Constitution- created a loose
  alliance between the states
• CONGRESS COULD
• 1- declare war
• 2- appoint military officers
• 3- coin money, make
• 4- take care of foreign affairs

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The Articles of Confederation

• CONGRESS POWERS WERE LIMITED
• 1- nine states had to approve a law in order for
  it to take effect
• 2- could not regulate trade
• 3- had no power to tax, had to ask states
• for money
• 4- states could not be forced to contribute
• 5- no president to carry out the laws
• 6- no federal courts to settle conflict
• between states
• A- states retained sovereignty
• B- No President or Chief executive
• C- only one representative per state
• D- Considered as the League of Friendship

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Dispute Over Western Lands

• Maryland refused to ratify Articles unless states
  ceded land claims west of the Appalachian
  Mountains
• Feared landed states would become too powerful
• One by one states agreed to cede their lands
• Virginia was last as Jefferson persuaded
  lawmakers to give up their claims
• Articles of Confederation was ratified by
  Maryland in 1781 and the New America could at
  last go into effect

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Weaknesses of the Confederation

• 1-By 1783, the United States had won its
  independence
• 2-The Revolution did not solve the
  Confederations problems
• Conflicts Between States
• 1- disputes continued to develop
• 2- Central Government had no power to settle
  state to state problems

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Weaknesses of the Confederation

• MONEY PROBLEMS
• 1- United States had won its independence but at
  a cost of millions in debt to individuals and
  foreign governments
• 2- there was no way to repay loans
• 3- states often refused to give to the government
• 4- Continental dollars had little or no value
• 5- money was not backed by gold or silver
• 6- States printed their own money which caused
  confusion in other states as to the value

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Weaknesses of the Confederation

• OTHER NATIONS TOOK ADVANTAGES
• 1- Britain did not follow the terms of the Treaty
  of Paris
• 2- Refused to withdraw troops from Ohio Valley
• 3- Spain closed Port of New Orleans to American
  shipping
• 4- Port closures were a major set back for
  western farmers
• A- Lack of an executive
• B- Lack of Judiciary
• C- Unable to collect taxes

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Admitting New States

• Congress passed laws on how to govern Northwest
  Territory
• Lands north of the Ohio River and east of the
  Mississippi
• Defined how they could become states

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Land Ordinance of 1785

• Territory to be surveyed and divided into
  townships
• Townships divided into 36 sections of one square
  mile each
• Sections would be sold for 640.00 each
• One section of each township was set aside to
  support public education

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Land Ordinance of 1785
Chapter 7, Section 1
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Northwest Ordinance of 1787

• Provide way to admit new states
• After 60,000 free settlers were in a territory
  they could request Congress to become a state
• All states had equal footing with original states
• In time, Ohio, Indiana, Illinois, Michigan, and
  Wisconsin were admitted as states from the
  Northwest Territory

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A CALL FOR CHANGE

• After the revolution the nation was in an
  economic depression
• Farmers were hit hard, the war created a demand
  for their products and now there was none
• Farmers had over borrowed and now they could not
  repay their loans
• In Massachusetts, taxes were raised and courts
  seized farms for back taxes
• Daniel Shays, a Revolution veteran organized a
  revolt in 1786
• They attacked courthouses and prevented the state
  from seizing farms
• Troops was sent in to drive them off

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A Convention is Called

• Shays rebellion was a sign that the Articles of
  Federation did not work
• Leaders called for a convention to discuss
  changes
• They met in Philadelphia in May 1787
• The convention would create an entirely new
  framework of government

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The Constitutional Convention

• Philadelphia
• May 25, 1787
• Main Purpose- revise the Articles of
  Confederation
• The Constitutional Era

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Ideas Behind the Constitution

• What did American leaders learn from studying
  ancient Rome?
• What traditions of freedom did Americans inherit
  from Great Britain and from their own colonial
  past?
• How did Enlightenment ideas shape the development
  of the Constitution?

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the Founding Fathers Learned From Ancient Rome

• Founding Fathers the patriots who laid the
  groundwork for the United States, such as Madison
  and Jefferson.
• They admired the Roman Republic. They created a
  republic, a government in which citizens rule
  themselves through elected representatives.
• They admired Roman citizens who served the
  republic out of a sense of public service.
• They saw the collapse of Romes republic as a
  warning. They wanted to avoid a dictatorship, a
  government in which one person or small group

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Traditions of Freedom

• Magna Carta
• English monarchs themselves had to obey the law.
  For example, the king could not raise taxes
  without consulting the Great Council.
• English noblesand later, other peoplehad
  rights, including rights to property and the
  right to trial by jury

• English Bill of Rights
• It stated that parliamentary elections should be
  held regularly.
• It upheld the right to trial by jury.
• It allowed citizens to bear arms.
• It affirmed the right of habeas corpus, the idea
  that no person could be held without being
  charged with a specific crime.

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The American Experience

• Constitutional Tradition
• Mayflower Compact, the first document of
  self-government in North America
• written colonial charters

• Revolutionary Era
• memory of grievances against the English king,
  expressed in the Declaration of Independence
• experience of the Second Continental Congress
• experience with the Articles of Confederation
• experience with state governments and state
  constitutions

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Teachings of the Enlightenment

• John Locke
• Two Treatises of Government
• All people have natural rights to life, liberty,
  and property.
• Government is an agreement between ruler and
  ruled. The ruler must enforce the laws and
  protect the people.
• If a ruler violates the peoples natural rights,
  the people have a right to rebel.

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• Baron de Montesquieu
• The Spirit of the Laws
• The powers of government should be clearly
  defined.
• There should be a separation of powers, that is,
  the powers of government should be divided up
  among branches of government so no person or
  group gains too much power.
• A government should have three separate
  brancheslegislative, executive, and judicial.

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Leading Delegates to the Convention

• When the Constitutional Convention met on May 25,
  1787, to consider a new system of government,
  every state except Rhode Island sent
  representatives
• The Constitution was written

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Revolutionary Leaders Present

• Benjamin Franklin
• 1- oldest delegate, age 81
• 2- signed the Declaration of Independence
• George Washington
• 1- president of the convention
• 2- lead colonial forces during Revolution

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New Generation of Leaders

• Nearly half of the 55 delegates were in their
  thirties
• Alexander Hamilton
• 1- Had served as Washingtons private
• secretary
• 2- he despised the Articles of
• Confederation
• 3- he wrote The Nation is sick and wants
• powerful remedies
• 4- he wanted a strong central government

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New Generation of Leaders

• James Madison
• 1- probably the best prepared delegate
• 2- he worked for months learning about
• history, politics, and commerce
• 3- he was a quiet and shy young man but
• very intelligent
• 4- he influenced others delegates on the
• structure of a democratic government
• 5- Today he is often called the Father
• of the Constitution

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Secret Debates of the Constitutional Convention

• Delegates wanted to keep debates secret from the
  general population
• Wanted to be able to speak their minds freely
• Explore issues without outside influences and
  pressures
• To keep the talks secret, the windows remained
  shut which made room conditions extremely hot
• An obvious precaution against danger would be to
  divide the trust between different bodies

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Two Rival Plans

• Virginia Plan
• Proposed by Edmund Randolph and James Madison of
  Virginia
• ___________________
• Supported by the large states

• New Jersey Plan
• Proposed by William Paterson of New Jersey
• ___________________
• Supported by the small states

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Two Rival Plans

• Strong national government with three branches
• 1- legislative- passes laws
• 2- executive- carries out laws
• 3- judicial- courts decide if law are carried
  out fairly
• (SEPERATION OF POWERS)

• Supported by small states

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Two Rival Plans

• Legislative- two houses
• ___________________
• Seats awarded on state size
• __________________
• Larger states to have more representatives

• Legislative- one house
• ___________________
• Each state gets one vote
• ___________________
• Both would be equal representation

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The Great Compromise

• Large states wanted two houses of Congress with a
  states representatives decided based on
  population
• Small states wanted a one house Congress and two
  senators for each state
• The Compromise- a two-house legislature
• Members of the lower house- House of
  Representatives- would be elected by popular vote
• Seats would be awarded based on the states
  population
• Members of the upper house- the Senate- would be
  chosen by state legislatures.
• Each state would have two senators

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The Great Compromise

• Three-Fifths Compromise
• 1- Southerners wanted to include slaves in the
• population count to determine seats in the
  House
• even though they could not vote
• 2- Northerners objected since slaves could not
  vote they should not be counted
• 3- The Compromise- three fifths of the slaves in
  any
• state could be counted to determine
  representation and taxation

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The Great Compromise

• The Slave Trade
• 1- Northerners wanted to ban slave trade
• 2- Southerners said a ban on the slaves
• would ruin the economy
• 3- The compromise- Congress would not
• outlaw the slave trade for at least 20
• years
• 4- After 20 years, Congress could regulate
• the slave trade
• 5- No state could stop a fugitive slave from
  being
• returned

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Signing the Constitution

• Many difficult questions faced the delegates
• 1- How many years should the President serve
• 2- How should the system of federal courts be
  organized
• 3- Should members of Congress be paid

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Ratification and the Bill of Rights

• What were the key issues in the debate between
  the Federalists and the Antifederalists?
• How was the Constitution finally ratified?
• How was the Bill of Rights added to the
  Constitution?

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Key Issues in the Debate Between Federalists and
Antifederalists

• Federalists
• for a strong federal, or national, government.
• The Constitution gave the national government
  enough power to function effectively.
• The Constitution still protected the rights and
  powers of the states.

• James Madison, Alexander Hamilton, and John Jay
  wrote a series of essaysThe Federalist Papers
  -to explain, defend, and promote the
  Constitution.
• The Constitution already protected the rights of
  citizens well enough.
• Argued for a strong Central Government
• Published anonymonsly

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Antifederalists

• Anti-federalists
• against the Constitution.
• The Constitution made the national government too
  strong.
• The Constitution made the states too weak.
• Insisted upon a Bill of Rights

• Patrick Henry gave a speech saying that, under
  the Constitution, the President had too much
  power and that someday a President might try to
  become king.
• The Constitution had no bill of rights to protect
  natural rights, such as freedom of speech and
  religion.

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• The first election under the Constitution for
  President and members of Congress was held in
  January 1789.
• The first Congress met in New York City. Congress
  turned its attention to a bill of rights.

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A Bill of Rights Was Added

• To amend, or change, the Constitution, Congress
  followed the process established in the
  Constitution.
• Congress proposed twelve amendments.
• The amendments went to the states for their
  approval/ratification

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A Bill of Rights Was Added

• By December 1791, three fourths of the states had
  ratified 10 of the 12 amendments.
• These 10 amendments became known as the Bill of
  Rights.

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First Amendment

• Safeguards individual rights freedom of
  religion, speech, the press, the right to
  assemble peacefully, the right to petition the
  government to change its policies.

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Second Amendment

• A well-regulated militia being necessary to the
  security of a free state, the right of the people
  to keep and bear arms shall not be infringed.

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Third Amendment

• Congress may not force citizens to put up troops
  in their homes.
• A grievance listed in the D.O.I. which resulted
  from the Quartering Act

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Fourth Amendment

• Citizens are protected from unlawful searches of
  their homes and property

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Fifth Amendment

• People cannot be forced to incriminate, or give
  evidence against, themselves.

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Sixth Amendment

• People are guaranteed the right to a speedy and
  public trial by a fair jury.
• The accused have a right to know the charges
  against them and who is making the charges.

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Seventh Amendment

• Provides for juries in civil, or non criminal,
  trials.
• 6th and 7th Amendments over rule pretended
  offenses

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Eighth Amendment

• Forbids excessive bail or fines and cruel and
  unusual punishments.

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Ninth Amendment

• Makes clear that citizens rights are not limited
  to those listed in the Constitution.

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Tenth Amendment

• All powers not given to the national government
  or denied to the states are reserved for the
  states or for the people.

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The Writing of the Constitution

• CAUSE

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• Articles of Confederation creates weak national
  government
• Trade and money problems arise between states
• Foreign nations take advantage of weak government
• Shays Rebellion breaks out
• Convention meets to revise Articles of
  Confederation

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• EFFECTS

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• New government includes President and two-house
  legislature
• Power is divided between national and state
  governments
• Compromises allow slavery to continue
• States debate and ratify Constitution
• Bill of Rights is added

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• EFFECTS TODAY

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• United States is worlds oldest continuing
  constitutional democracy
• Debate about federal versus state power continues
• Amendments extend rights to more citizens
• New democracies look to the Constitution as a
  model