Creating a New Government Chapter 5 Creating a New Government

Shay’s Rebellion Sept 1786-Jan 1787 Mass demanded taxes be paid in hard currency, hurt farmers who used barter and paper money Many lost farms because of taxes, some thrown in prison Farmers marched on state buildings, closed courthouse, tried to overtake arsenal, (retreated, 4 men died) Called attention to problems of Articles

Population of States/Territories in 1787 (free and slave)

Constitutional Convention Purpose was to REVISE Articles of Confederation – realized they needed to start over Philadelphia – May, 1787 55 men from 12 states (none from RI) Well educated, white, land owners, 30s and 40s President - George Washington James Madison – Father of Constitution (kept records)

Purposes of Constitution Establish Legitimacy (in preamble, states all accept it) Create Appropriate Structures (establish 3 branches) Describe & Distribute Power (separation of powers) Limit Government Power (federalism) Allow for Change (amendments)

Underlying Principles Popular Sovereignty – people control Limited government – gov must obey and is NOT above law Separation of Powers – 3 branches Checks and Balances – each checks other Federalism – power divided between fed and state go (expressed, reserved and concurrent) Judicial Review – power to decide if laws are Constitutional

Preamble WHY are we writing the Constitution? WHAT do we want it to do? Review Do No Activity

Preamble – why is it written? Form a more perfect union Establish justice Ensure domestic tranquility Provide for the common defense Promote the general welfare Secure the blessings of liberty

Proposals VA Plan NJ Plan proposed many changes including 3 branches executive appointed by Congress Wanted representation by population NJ Plan closer to Articles additional powers to Congress Wanted equal representation for all states

Key Decisions – discussions kept secret Set up 3 branches of government Executive selected by Electoral College Gave federal gov more power Great Compromise – proposed by Sherman Senate (equal for all states) NJ plan House (based on population) VA plan 3/5 Compromise – slaves count as 3/5 of a person for population Congress can’t outlaw slave trade until 1808

Final Document: Preamble – articulated purpose Article 1 – sets up Legislative Branch Article 2 – sets up Executive Branch Article 3 – sets up Judicial Branch Article 4 – states must respect one another, outlines how states created Article 5 – allows for amendments Article 6 – federal law rules Article 7 – terms for ratification

Separation of Powers: 3 Branches Legislative – Congress (create laws) 535 members, 25+, U.S. citizen, 2-6 year terms no limit Executive – President, VP, cabinet, departments (enforce laws) 35+, US citizen at birth, 4 year terms 2 terms max Judicial – Supreme and lower courts (interpret laws) no requirements, life term

Checks and Balances Each has specific jobs and can “check” one another to ensure no one branch is too powerful Examples: veto laws, congressional approval of presidential appointments, Congress declares war Review chart

Federalism Expressed Powers - (delegated) given to federal gov by Constitution Reserved Powers – powers held for states by Constitution; anything not listed Concurrent or shared – both federal and state can do

Fill in examples of federalism: Expressed Reserved Concurrent

What next? Ratification Sent to states on Sept. 17, 1787 Ratification required 9 states Federalists supported (Washington, Madison) Anti-Federalists opposed (Patrick Henry, Sam Adams) The Federalist – series of essays supporting Constitution published in NY papers (Madison, Hamilton & jay)

To ensure Ratification Created a Bill of Rights to get Anti-Federalists to support ratification BOR protects individual freedoms from strong federal government (What are those rights??) DE was 1st, NJ 3rd (Dec 18, 1787) June 21, 1788 – when NH ratified RI was last state to ratify on May 29, 1790

Amendments Bill of Rights – added in 1791 to make Anti-Federalists happy (First 10 amendments; guarantees rights of citizens) Amendments 11-27 – added since 1791, change structure of government or protect rights

How are amendments made? Proposal by: 2/3 of Congress OR 2/3 of delegates to a special convention, called for by Congress Ratification by: 3/4 of states legislatures 3/4 of special ratifying conventions held in each state