Creating the Republic Chapter 7 Sections 1-3

State Constitutions During the early stages of the revolution the Continental Congress asked every state to create it’s own Constitution. This establishes the laws of the state and limits the power of the government. Most states had a bicameral legislature and an executive. Some added a Bill of Rights, or list of basic freedoms.

The Articles of Confederation  Almost all agree that we need a Republic – government where the people rule.  1st American Constitution. Created a “firm league of friendships.”  Flawed from the beginning.  No court system, trade regulations, national unity, power to tax, or raise an army.  The new congress is equal each state can have as many representatives as they want, but only one vote.  Articles do not mention adding states.

Disagreements Maryland refuse to join if states do not give up their claims west of the Appalachians. Specifically New York and Virginia Takes 9 of 12 to make a change this is a near impossible majority. Think pizza…

Dividing up the New Country Land Ordinance Act of 1785 Established a system for settling the NW Territory. Each section was 6 sq. miles and each 1x1 sold for 640 dollars. Set aside 1 square for church and schools. See pg 190

Creating New States Northwest Ordinances 1787 Establishes a government for the NW Territory – Outlaws Slavery. In order to achieve statehood you must… Have a population of 60,000 Apply for statehood to congress Write a state constitution and have the citizens ratify it by a majority vote.

Shays’ Rebellion After the revolution the nation enters an economic depression- a period when prices rise, unemployment rises, and wages fall. These poor economic conditions led to the repossession of many farms in the new country

Shays’ Rebellion Daniel Shays gathers 2000 “troops” and travels the western part of Massachusetts attacking courthouses and preventing the sale of property. WHY? Shay and the other men had lost their farms to banks because they were unable to pay their debts because of worthless continental money.

Slavery In the Northern States it exists, but it is not a major part of the economy. In the South it is more of a cultural entitlement. Most states are moving towards manumission- the freeing of slaves

The Constitutional Convention  Summer 1787 delegates gather in Philadelphia to address the Articles of Confederation.  At first they intended to fix the articles, power to tax and military being the main problems, but under the leadership of James Madison they created the Constitution that exists today.  Madison’s record of the convention is the most detailed account of the meetings. He did not publish the document until 1840 after all the delegates including himself had passed away

The Convention Begins 55 delegates from every states except Rhode Island. Franklin, Washington, Madison, Jefferson, and Hamilton All decisions Require 7 of 13 Votes.

Division Division exists between large and small states. Large states believe that the representation should be based on population. Small states believe that the representation should be based on equality.

The Plans Virginia Plan – Three branches, executive, legislative, and judicial. Two house legislature based on population. Proportional plan according to size. New Jersey Plan – Three branches… One house legislature based on equality. Deadlock…

The Great Compromise Roger Sherman and William Patterson Three Branches, executive, legislative, and judicial. Two House legislature. House of Representatives, membership based on population. Senate, membership each state gets two senators.

North and South Should slaves be counted as citizens? South = Yes North = No Three Fifths Compromise Each slave counts as three-fifths a person 100,000 slaves equals 60,000 people. This makes us happy, but was it a good idea.

Finished September 17, 1787 the Constitution is signed by the delegates. 220 years later…

The Constitution Republic – a government in which the people elect representatives to govern them. The League of the Iroquois – “We the people” League forms a unified front. John Locke – Life, liberty, and property. Montesquieu – The Spirit of Laws Separation of powers, three branches.

Federalism Power is divided between the federal and state governments Reserved Powers – Powers reserved for the states. Delegated Powers – Powers delegated to the federal government. Concurrent Powers – Powers used by the state and the federal governments.

Separation of Powers Legislative Branch – Article one establishes the legislature. Creates laws. Executive Branch – Article two establishes the presidency. The executive branch enforces the laws of congress Judicial Branch – Establishes the Supreme Court interprets the constitutionality of laws and actions.

Electing the President Citizens vote for the President in the popular election. This vote determines the vote of the Electoral College – group of people who meet every four years to elect the president. They follow the vote of the people… normally. House of Representatives selects the President if there is a tie.

Checks and Balances Checks on Congress – Bills can be vetoed by the president. S.C. determine laws unconstitutional. Checks on the President – Override Veto, Impeach, and removal. Checks on the Courts – Judges are appointed by the President and approved by the Senate, can be impeached.

Living Document The Constitution can grow and shrink according to the needs of the country. Amendment- a change to the constitution. Amend- To Change, in this case the Constitution. Proposal - 2/3rds of the Congress can propose, or 2/3rds of the States can request a convention to propose. Ratification - 3/4ths of the states must ratify for the Amendment to take effect. This has happened 27 times in 220 years.

Ratifying the Constitution Requires nine of thirteen states to ratify or approve. Federalists - People who supported a strong National Government and the Constitution. Anti-Federalist - People who feared a strong National Government, wanted the states to be more powerful, and did not support the Constitution.

Bill of Rights Small states feared another all-powerful ruler. They demanded a bill of rights. After the agreement was reached that a bill of rights would be added after ratification the constitution was ratified. George Washington was elected President with John Adams being elected Vice-President. Congress begins work on the amendments that will make up the Bill of Rights

The Bill of Rights  The first Amendment guarantees individual freedoms  2-4 Came out of the treatment by the British. These Amendments protect the citizens from the government.  5-8 Deal with Due Process - Governments must follow fair rules when prosecuting crimes and criminals.  9-10 These limit the powers of the Federal Government.