Creating a New Government I can…analyze the challenges faced by the delegates at the Constitutional Convention and discuss the compromises they made.

The First Gov’t Shortly after gaining independence, a form of government had to be established. A loose collection of independent states was formed, each with their own government A federal government had to be established, but most were fearful of a strong, central power Feared a return to a strong monarchy Wanted a republic that ruled with the “consent of the governed”

The First Gov’t The Articles of Confederation were established. This was our first constitution. Under this government, the states had more power than the national government The national government had the power to carry on foreign relations & set national policies However, the Articles had several weaknesses

The First Gov’t Weaknesses of the Articles: Congress could not impose taxes Congress could not regulate trade 9 of the 13 states had to agree in order to make laws All states had to agree to Amend the articles No executive branch to enforce the laws No judicial branch to interpret laws

Frustration Grows Evidence of the weakness Shay’s Rebellion 1786- angry farmers who were in economic distress could not pay taxes in Massachusetts and began a large riot. There was no national militia or army to put down the riot. (Marches on armory in Springfield) http://www.mountvernon.org/digital-encyclopedia/article/shays-rebellion/ Frustration with the Articles of Confederation grew Congress called for delegates to meet in Philadelphia in 1787 at a Constitutional Convention George Washington was nominated as the President of the Convention Goal to fix the problems of the Articles

Challenges The delegates at the Convention faced many issues while fixing and drafting a new constitution as they all came with varying beliefs and goals: Will we have a national and central government? How strong will that national government be? How will the people be represented in the national Congress? Will slaves be counted as part of a state’s population? 25 of 55 Delegates were slaveholders

Representation in Gov’t Virginia Plan Great Compromise New Jersey Plan Proposed a new form of government with three branches: executive, judicial, legislative. The legislature would be bicameral, with an upper and lower house. Members would be chosen in proportion to each state’s population. Disliked by small states that would have less power A Connecticut plan to balance state powers Two-house legislature: upper house Senate represented the state, the lower house the population. Retained many of the features of the Confederation Gave Congress additional powers Suggested a one-house legislature with equal representation for each state Tried to equalize power for states

Slave Count Southern states had numerous slaves by 1787, while the North did not have as many Southern states wanted slaves counted as their population & representation Northern states did not think that was fair Three-Fifths Compromise: slaves would count as 3/5 of a person when counting population

3/5 Compromise The Three-Fifths Compromise greatly augmented southern political power. In the Continental Congress, where each state had an equal vote, there were only five states in which slavery was a major institution. Thus the southern states had about 38 percent of the seats in the Continental Congress. Because of the 1787 Three-Fifths Compromise, the southern states had nearly 45 percent of the seats in the first U.S. Congress, which took office in 1790 http://www.digitalhistory.uh.edu/disp_textbook.cfm?smtID=3&psid=163 "It seems now to be pretty well understood that the real difference of interests lies not between the large and small but between the northern and southern states. The institution of slavery and its consequences form the line of discrimination." -James Madison, 4th President of the United States

Power of National Gov’t It was evident to most delegates that a central government was needed However, many were fearful of too strong of a central government The question also arose about states’ rights versus federal powers. The outcome was a compromise: instead of people directly choosing a president, state legislatures chose electors to do it. Electoral College.. https://www.youtube.com/watch?v=OUS9mM8Xbbw (How the Electoral College Works)

Power of National Gov’t To ensure that the President or Congress would not gain too much power on their own, the delegates created a system of checks and balances. Power would be balanced between 3 branches and each branch can ‘check’ the power of the other. Legislative Executive Judicial Makes the laws Gives advice and consent to president Can pass over vetoes with two-thirds vote President and cabinet Carries out laws Makes treaties and nominates judges Vetoes laws Supreme Court and lower courts Interprets laws as they relate to the Constitution

Ratifying the Constitution Once the Constitution was agreed upon by the delegates, the states had to ratify (or approve) it. Two different leaders of the debate emerged: Federalists and Anti-Federalists Federalists: Wanted to ratify, or accept, the Constitution Believed in a strong national government Believed the separation of powers in the Constitution limited government power Popular with the wealthy Anti-Federalists: Feared a strong national government would lead to tyranny and abuse of states’ rights and individual liberties Did not trust government to protect people’s rights Popular with farmers

Ratification Before agreeing to ratify the Constitution, Anti-federalists wanted a Bill of Rights added to protect individual liberties. Only 9 of 13 states needed to ratify the Constitution Some important states only agreed because they were promised a Bill of Rights. By 1791, ten approved amendments became the Bill of Rights.

Bill of Rights The Bill of Rights protected individual rights. The first eight amendments dealt with individual civil liberties. The Ninth Amendment stated that listing certain rights in this document did not mean that other unlisted rights did not exist. The Tenth Amendment defined two types of government powers: delegated and reserved powers. Delegated powers are those given out to the three branches of government. Reserved powers belonged to the states or the people.