Creating the Constitution Chapter 7 Creating the Constitution

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

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

Section 1: Governing a New Nation Virginia Bill of Rights

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

Governing a New Nation

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

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 Led @1,000 farmers in a rebellion Resulted in a convention where delegates looked at problems in the AoC

The Constitutional Convention

The Constitutional Convention

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

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)

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

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

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

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

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

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

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

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