1. Post War Governance: The Articles of Confederation & Constitution
US History Honors - Libertyville HS

2. Declaration of Independence
What do you remember from the webquest?
Background
April 1775: Rev. War started
1776: Continental Congress convened in Philadelphia 2

3. Declaration of Independence
“Committee of Five” to draft Declaration
Ben Franklin
John Adams
Thomas Jefferson (primary author)
Robert Livingston
Roger Sherman 3

4. Declaration of Independence
Brainstorm: What was the purpose of the Declaration of Independence?
Mr. Duffy’s purposes
Lay out principles of government of new state
Voice independence of 13 colonies from England
Explain WHY colonies were breaking away from England 4

5. Declaration of Independence
Review the first two paragraphs of the Declaration . . .
What is self-evident?
What is inalienable?
Life? Liberty? Pursuit of happiness?
What are the principles this new government will follow? 5

6. Results of the Revolution
Political independence from Britain – Treaty of Paris, 1783
Economic freedom from mercantilism
Social advancement of AMERICANS into positions of leadership
Western migration (more land holders = more voters!)
Religious separation of church and state
Surrender of British at Yorktown, 1781
Map, US 1783

7. Challenges, post Revolution
Economic
British exclude US from trade with Empire
Agr. Prices decline
Unemployment in cities
Soldiers unpaid, often for years
Businessmen refused to trade outside their own state
Political
No respect overseas
British troops still occupy American soil
Impressment of American Sailor

8. Government, Post War Local Government (towns) same as colonial era
State Governments
Written constitutions
Three branches of gov’t, with house / senate legislatures
Governors w/ limited powers (why?)
Right to vote limited (property owner, etc)
Rights of people specified by constitution

9. National Government
Second Continental Congress ( ) ran US during war
Articles of Confederation ( )
Formed first national government
First experiment of colonies to have a document governing their interactions
Established a “firm league of friendship”
Independence Hall, Philadelphia

10. Articles of Confederation
Three words to remember about AOC . . . IT
DIDN’T
WORK

11. Articles of the Confederacy
Why didn’t it work?
States maintain their independence and sovereignty
no reg of interstate trade; no central foreign policy
Weak central government
no executive branch; unicameral legis; no national judiciary
no national taxing power; no national currency
Difficult to make changes or get things done
1 vote / state; supermaj (9/13) to pass law, unanimous to amend AOC

12. Accomplishments of AOC
Managed revolution
Negotiated Treaty of Paris (1783)
States kept unified in name during challenges
Passed Land Ordinance of 1785 and Northwest Ordinance of 1787
Signature Page, Treaty of Paris (1783)

13. Land Ordinance, 1785
Western lands surveyed, divided into square townships
36 sections each
1 section = 1 square mile (640 acres)
Income from one section used to support public education (RADICAL!)
Land to be sold in 640 acre sections, not less than $1.00 / acre
Money from sales to central government to pay war debt, general revenue
Significance: est/ nat’l policy for sale of Western lands
Encouraged public education
Townships of Lake
County, IL

14. Northwest Ordinance of 1787
Territory to be made into 3 to 5 states
When population=5k
Territorial leg.
Governor, judges appointed by Congress
When population = 60k
Draft constitution
Apply for statehood
Equal “in all respects whatsoever”
Major issues
Slavery prohibited in NWT
Bill of Rights guaranteed
Public education encouraged
America, 1790

15. Creating the US Constitution
After the War for Independence ended, people agreed that the AOC needed to be changed (Structural problem, Shay’s Rebellion)
Met in Annapolis in 1786 (5 of 13 states)
Met in Philadelphia in 1787 (12 of 13 states)

16. US Constitution Document of Compromises Legislature: how composed?
Executive: direct or indirect election?
Judicial: power + life appointments?!
Slavery: how to avoid disunion with South?
At the Constitutional Congress, 1787

17. Composition of the Legislature
Virginia Plan
Base representation on population
Favored big states
New Jersey Plan
Base representation equally, by state
Favored small states
Connecticut Compromise
Bicameral (two chamber) legislature

18. Executive: Direct Election or Indirect Selection?
Why didn’t the Founders want direct election? (Brainstorm)
Difficulty for nationwide vote (distance, travel problems, corruption)
“Favorite Son” (vote for local candidate, not best)
Fear of direct democracy

19. Executive (s)election
Why didn’t founders want President selected by both chambers of Congress?
Political parties
President would owe Congress for job
Too much power to Congress

20. Executive (s)election
So why the Electoral College?
Requires President to have support across the country, not just one region
Contributes to political stability of country by favoring two party system
We ARE a federal system … (50 state elections, plus one election by Electoral College = President)
Electoral College allocation, 2000

21. Judicial Compromise
United States Supreme Court (USSC) the supreme law in country
BUT Congress creates all other courts and establishes which courts get jurisdiction
And the Executive appoints all justices / judges

22. Slavery New England states wanted to outlaw slavery completely
Southern states wanted to count every slave a person for representation in national legislature

23. 3/5 Compromise
Slaves would count as 3/5 a person for purposes of counting population to determine how many House of Representatives a state received
Congress could not pass a law outlawing slavery until after 1808
Fugitive slaves escaping to a non slave state had to be returned to their home state, if captured

24. Structure of Constitution
Seven Articles
1st article = powers of Legislative branch
2nd article = powers of Executive branch
3rd article = powers of Judicial branch
4th article = Relations among the states
5th article = How to amend the Constitution
6th article = Supremacy of National Law; Oaths
7th article = Ratification (approval) of Constitution

25. Structure of Constitution: Separation of Powers (SOP)
The Constitution separates powers of government among three co-equal branches of government
Article I, section I = “All legislative powers herein granted shall be vested in Congress…”
Article II, Section I = “The Executive power shall be vested in a President of the USA”
Article III, Section I = “The judicial power of the US shall be vested in one supreme court . . .”

26. Structure of Constitution: Checks and Balances (C&B)
Further limits on each branch’s powers are explicit restraints, held by other branches
Idea of framers was to balance the operations of government by dividing power up among branches, to check each other (no one branch had too much power)

27. Structure of Constitution: Examples of C&B
Congress makes law ...
President declares war...
President enters into treaty…
President names federal judge...
. . . But president can veto!
. . . But Congress must approve AND fund!
. . . But Senate ratifies!
. . . But Senate “advises and consents” to choice!

28. Distribution of Powers in a Federal System
Express Powers = contained in Constitution
Example: Congress’ power to tax (I, VIII)
Implied Powers = reasonably suggested within Constitution
Example: Congress’ power to create the Internal Revenue Service (I, VIII, xviii)
Inherent Powers = belong to national government because it is a sovereign nation
Example: Central government’s power to enter into treaties, control borders
What are Reserved Powers? Powers of the States – all power that doesn’t go to central government as express, implied, or inherent power

29. Federalist vs. Anti-Federalist
Who were the Federalists?
Believed in a strong central (“Federal”) government
Separation of power into 3 equal branches
No enumerated Bill of Rights (listing rights is dangerous…)
Led by George Washington, John Adams, Ben Franklin

30. Federalists vs. Anti-Federalists
Who were the Anti-Federalists?
Constitution gave too much power to the central government
No bill of rights
Maintenance of an army during peacetime
Congress was too strong (necessary & proper)
Executive branch too strong
Led by Thomas Jefferson, James Monroe, Patrick Henry

31. Federalist Papers ( )
With Constitution complete, persuasion began . . .
Essays published in NYC newspapers during debate to ratify Constitution
Written by Hamilton (52), James Madison (28), John Jay (5)
Essays outlined how the new government would function under the constitution, and why this was best for the US

32. Ratification Constitution completed on September 17, 1787
Framers decided only 9 of 13 states needed to ratify Constitution
Date State Yes No 1
December 7, 1787
Delaware 30 2
December 12, 1787
Pennsylvania 46 23 3
December 18, 1787
New Jersey 38 4
January 2, 1788
Georgia 26 5
January 9, 1788
Connecticut
128 40 6
February 6, 1788
Massachusetts
187
168 7
April 28, 1788
Maryland 63 11 8
May 23, 1788
South Carolina
149 73 9
June 21, 1788
New Hampshire 57 47 10
June 25, 1788
Virginia 89 79
July 26, 1788
New York 27 12
November 21, 1789
North Carolina
194 77 13
May 29, 1790
Rhode Island 34 32
Upon 9th ratification,
elections set so
government could start
operations on March 4,
1789

33. Civil Liberties in Constitution
Prohibited ex post facto laws
laws that punish acts that, when committed, weren’t criminal
Prohibited bills of attainder
Law that punishes person who did not have a trial in a court of law
Guaranteed habeus corpus
Protect against illegal detention
Person must be told why they are being held

34. Bill of Rights
Federalists did not include a list of rights of citizens
This was Anti-Federalists’ best argument against ratification
Several states demanded a bill of rights as a condition of ratification (Mass., NH, VA, NY, NC)
Signing the Constitution, 1787

35. Bill of Rights First Congress met in 1789
James Madison, a Federalist, wrote the Bill of Rights
Madison wrote 12 amendments; 11 were ratified (first 10 amendments ratified by 1791; 27th Amendment, limiting congressional pay raises, ratified in 1992)
James Madison
Copy of Bill of Rights