1. Creating the Constitution
Chapter 7
Creating the Constitution

2. Governing a New Nation Government by the states
Writing state constitutions
Constitution is a document stating the rules under which a government will operate
New state constitutions minimized the power of the executive branch
Protecting rights
Most state constitutions included a bill of rights for its citizens
The Articles of Confederation
Form of Government
Instead of 3 branches, the articles formed a one branch legislature
Difficult for all nine states to agree on any one topic
Limited Government
Power was retained by the states
Congress mainly dealt with foreign nations, coining money, declaring war and running a postal service

3. Governing a New Nation
Virginia was the first state to include a bill of rights in its constitution
The final clause guaranteed freedom of religion
Massachusetts also included this in their bill of rights, but kept their official church

4. Section 1: Governing a New Nation
Virginia Bill of Rights

5. Governing a New Nation Land Ordinance of 1785 NW Ordinance of 1787
Divided public lands into townships of 6 square miles
Within each township, one section was set aside to support schools
NW Ordinance of 1787
Created a three step process for admitting new states to the Union
Congress appoints a governor, secretary and three judges
At 5,000 free adult male settlers, the territory could elect a legislature
Free population of 60,000 the territory could apply for statehood

6. Governing a New Nation

8. Governing a New Nation Growing Problems Economic Problems
Under the articles each state:
Set its own trade policy
Help its own farmers and manufacturers by setting tariffs
Little money to run the federal government because they could not tax states
Foreign Affairs
U.S. appeared weak
British troops continued to occupy forts in now American lands
Spain refused to let the U.S. ship down the Mississippi

9. Governing a New Nation Shay’s Rebellion
Result of an economic depression
Period when business activity slows, prices and wages drop, and unemployment rises
Crop prices declined as well
Many farmers were unable to pay their taxes
States seized their property
Farmers demanded the legislature halt the sales and make loans obtainable
Daniel Shays
Massachusetts farmer – former captain from the Revolutionary War
farmers in a rebellion
Resulted in a convention where delegates looked at problems in the AoC

10. The Constitutional Convention

11. The Constitutional Convention

12. The Constitutional Convention
The Constitutional Convention Begins
Aims of the Convention
To revise the Articles of Confederation
Many delegates argued that would not be enough
The Delegates
55 men from 12 states met in Independence Hall in Philadelphia
Washington, Hamilton, Franklin, Jefferson, Madison, Monroe to name a few
The Virginia Plan
Offered by Edmund Randolph (idea was designed by James Madison)
Three Branches of Government
Legislative
Bicameral
Executive
Judicial

13. The Constitutional Convention
Two House Legislature
Change from a single house to a 2 house legislature
Delegates argued on how to choose members of this legislature
The Great Compromise
Problems with the Virginia Plan
Virginia plan called for the legislature to have representation based on population
STRONGLY opposed by smaller states
New Jersey Plan
Called for a single house congress
Equal representation from each state
Terms of the compromise
2 house legislature
A lower house based on population (house)
An upper house equal for each state (senate)

14. The Constitutional Convention
Debates over slavery
Three-fifths compromise
Southern delegates said slaves should be used when counting population for representation
Northern delegates said since they cannot vote they should not count
Result
Slaves would count as 3/5 of a person
This helped preserve slavery in the new country
Slave Trade
Slaves would be allowed to be brought into the country until 1808
Slave trade within the country after that point could remain

15. The Constitutional Convention
A New Constitution
Preamble – written by Gouverneur Morris
“We the people of the United States, in order to form a more perfect union,…do ordain and establish this Constitution for the United States of America”
Identified a major difference
AoC was a pact between states
Constitution claimed to take its authority from the people

16. Debating the Constitution
Federalist vs. Antifederalist
Under Article VII of the Constitution nine of the 13 states had to ratify the Constitution
Ratify means approve
The Federalist Position
Favored a strong national or federal government
For the union to last the national government must have the powers denied it by the AoC
Including the power to enforce laws
Supporters included James Madison, John Jay, Alexander Hamilton
They wrote a series of essays called The Federalist Papers to support their position

17. Debating the Constitution
The Antifederalist Position
Said the national government would be too strong
Weakening the States
Too strong a federal government would wipe out state power and individual freedom
No Bill of Rights
Constitution offered no protection of individual freedom
President or King?
Elections yes – but no limits set, a president could easily become king
Leaders of the Antifederalists included Patrick Henry and George Mason

18. Debating the Constitution
The Ratification Debate
Fierce competition ensued between federalists and antifederalists as the states debated the new Constitution
Delaware acted first
Ratified the Constitution December 7, 1787
Pennsylvania, New Jersey, Georgia and Connecticut quickly followed
Major campaign by Federalists won over Massachusetts
Maryland and South Carolina had ratified in the mean time

19. Debating the Constitution
The Ratification Debate
8 of the 13 states had now ratified the Constitution
Virginia became the key
It was a large and powerful state
If Virginia rejected the Constitution NY and the other remaining states might do so as well
Patrick Henry attacked the Constitution during the Virginia Debates
While the debate was continuing, on June 12, 1788 New Hampshire ratified
The Constitution was officially our governing document
The other states soon followed, and by 1790 Rhode Island became the last of the 13 to ratify

20. Debating the Constitution
The Bill of Rights
New Government
Once the 9th state ratified, Congress got to work creating a government
Many states had insisted a bill of rights be added to the Constitution
Framers of the Constitution made this possible
They included a way to amend or change the document
The new Congress that met in 1789 passed 10 amendments and sent them to the states for ratification
Purpose of the Bill of Rights is to protect people from government abuses

21. Debating the Constitution
Bill of Rights
Freedom of speech
Right to bear arms
Quartering
Search and seizure
Due process
Speedy trial
Jury trial
Cruel and unusual punishment
Peoples rights
States rights
Since 1791 there have been 17 other amendments to the Constitution