Early American History: Articles of Confederation-Constitution

SSUSH5 The student will explain specific events and key ideas that brought about the adoption and implementation of the United States Constitution. a. Explain how weaknesses in the Articles of Confederation and Daniel Shays’ Rebellion led to a call for a stronger central government. b. Evaluate the major arguments of the anti-Federalists and Federalists during the debate on ratification of the Constitution as put forth in The Federalist concerning form of government, factions, checks and balances, and the power of the executive, including the roles of Alexander Hamilton and James Madison. c. Explain the key features of the Constitution, specifically the Great Compromise, separation of powers (influence of Montesquieu), limited government, and the issue of slavery. d. Analyze how the Bill of Rights serves as a protector of individual and states’ rights. e. Explain the importance of the Presidencies of George Washington and John Adams; include the Whiskey Rebellion, non-intervention in Europe, and the development of political parties (Alexander Hamilton).

Development of the Articles Plan drafted by John Dickinson Supported by Benjamin Franklin Articles of Confederation presented to Congress on July 12th, 1776 Adopted by Congress - November 15th, 1777 All states had agreed by 1781 – took effect Guaranteed each state “sovereignty, freedom and independence”

Aftermath of the Revolutionary War

Revolutionary War Ended by Treaty of Paris (1783) Government: 2nd Continental Congress Articles of Confederation

Articles of Confederation a. Explain how weaknesses in the Articles of Confederation and Daniel Shays’ Rebellion led to a call for a stronger central government.

Articles of Confederation Congress of the Confederation Members appointed by state legislatures Each state had one vote Roles of the Congress Conduct foreign affairs Make treaties Declare war Coin money Establish post offices

Weaknesses in the Articles Laws were hard to pass Needed 9 of 13 states to approve Amendments needed all 13 to approve Congress could not force the states to obey decisions or laws Congress could not tax or raise an army Printed money that was not backed by specie

The Land Problem Many states had land claims that extended to Pacific Ocean Land = money Western territory of states was surrendered to Congress

Land Ordinance of 1785 Western land – “Northwest Territory” Divided into townships Townships divided into 640 acre lots DID YOU KNOW: Each township had one lot reserved for a school. This was the first federal aid for public education.

Also known as the Land Ordinance of 1787 Northwest Ordinance Also known as the Land Ordinance of 1787 Established system of government for the Northwest territories Banned slavery in the territory Road to Statehood: 3-5 states would be created out of the land When population reaches 5,000 eligible voters, it can elect a bicameral legislature and send a nonvoting member to Congress When population reaches 60,000 free residents, it becomes eligible for statehood and can draft a state constitution. Congress must then approve the new state

Shays’ Rebellion (1786) Led by Daniel Shays in Western Massachusetts Farmers protested against high taxes Seized courthouses and closed down debtors courts/property auctions Concerns: National government could not deal with issues that arise

Call for Reform Congress called for a Constitutional Convention Purpose: Revise the Articles of Confederation Began May 14, 1787

Constitutional Convention Met in secret Why? Agreed to replace Articles with a new document Would feature a stronger national government

Virginia Plan First proposed plan of government Major parts: Bicameral Legislature (Congress) Representation based upon population or money Lower house elected by voters, upper house by lower Executive Chosen by Congress Judiciary Bicameral: Legislature with 2 separate parts, or houses

New Jersey Plan Counter proposal Major parts: Unicameral: Legislature with only 1 part (or house) Counter proposal Major parts: Unicameral Legislature (Congress) Equal representation Executive (more than 1) Chosen by Congress, removed by state governors Judiciary (Supreme Court) Chosen by Congress

Virginia Plan v. New Jersey Plan Bicameral Congress Representation based on population/$ 1 executive chosen by Congress Supported by large states NEW JERSEY Unicameral Congress Representation based on equality More than 1 executive chosen by Congress Supported by small states

Features of the Constitution c. Explain the key features of the Constitution, specifically the Great Compromise, separation of powers (influence of Montesquieu), limited government, and the issue of slavery.

Constitutional Compromises Great (or Connecticut) 3/5 Commerce and Slave Trade

Great Compromise Population or Equality? Debate over Representation Also called the Connecticut Compromise Debate over Representation Result: Bicameral Congress Upper Chamber: Senate Lower Chamber: House of Representatives Population or Equality?

Great Compromise SENATE Smaller 2 per state HOUSE OF REPRESENTATIVES Equality! HOUSE OF REPRESENTATIVES Larger Based on population DID YOU KNOW: The Connecticut Compromise has also been called the “Great Compromise,” because without it we may not have had a new Constitution!

Slaves should not count!!! Issue of Slavery Since population counts, what about slaves? Slave-holding states Non slave-holding states Slaves should count!!! Slaves should not count!!!

Three-Fifths Compromise All free persons counted, “all other persons” (i.e. slaves) count for 3/5 of a person Used for both representation and taxes

Three-Fifths Compromise

Commerce and Slave Trade Compromise Congress had the power to regulate trade Why could this be dangerous? Tariffs? Export duties not allowed Import duties allowed Slavery? Importation of slaves allowed until at least 1807 Runaway slaves must be returned South Remember, the population of the North was greater than that of the South. Many in the southern states were worried that the new Constitution would not protect them.

Concept: Separation of Powers Three Branches of Government

Separation of Powers Concept: Influence of Montesquieu Contained in “Spirit of Laws” (1754)

Limited Government Concept: Government is not all powerful The government must operate under certain laws and protect the rights of both people and the states

Federalists Anti-Federalists VS. b. Evaluate the major arguments of the anti-Federalists and Federalists during the debate on ratification of the Constitution as put forth in The Federalist concerning form of government, factions, checks and balances, and the power of the executive, including the roles of Alexander Hamilton and James Madison.

Federalists People who favored ratification of the new Constitution Supported a strong national government Reasons: Needed one for security/prosperity

Federalists Important Federalists: James Madison John Jay Alexander Hamilton

Anti-Federalists People who were opposed to ratification of the new Constitution Opposed to a strong, central government Reasons: Illegal – Convention was only to change Articles Would destroy state’s rights New gov’t resembled a monarchy

Anti-Federalists Important Anti-Federalists: George Mason Patrick Henry George Clinton Richard Henry Lee

Also known as “The Federalist Papers” Series of 85 essays Written between the fall of 1787 and spring of 1788 By James Madison, Alexander Hamilton and John Jay Most cited essays: #10 – by James Madison #51 – by James Madison #84 – by Alexander Hamilton DID YOU KNOW: The Federalist Papers were written under the pseudonym Publius. DID YOU KNOW: Anti-federalist writings were later collected and published as the “Anti-Federalist Papers.”

Arguments about form of government FEDERALISTS Stronger national government was necessary for success The national government should have most of the power ANTI-FEDERALISTS Stronger national government was just as bad as living under a king The states should have most of the power

Arguments about factions FEDERALISTS Would be easy to handle any problems that come up ANTI-FEDERALISTS Factions would form due to long terms for Representatives and Senators Factions would not help the common people People only vote on Representatives

Arguments about checks and balances FEDERALISTS Balancing powers between different people will make sure none become too powerful ANTI-FEDERALISTS Most of the powers should be in the state to be closer to the people to keep anyone from becoming too powerful

Arguments about executive power FEDERALISTS Constitution favored election of rich No bill of rights to protect poorer and uneducated men ANTI-FEDERALISTS Too much in the hands of one man Executive is not elected by the people

Alexander Hamilton (1755-1804) First Secretary of the Treasury One of Washington’s closest advisors Influential Federalist

James Madison (1751-1836) “Father of the Constitution” “Architect” of the Constitution Influential Federalist

Formal Approval of the Constitution Ratification Formal Approval of the Constitution

Ratification Maryland - Apr. 28, 1788 Delaware - Dec. 7, 1787 Each state had to vote to approve the Constitution Maryland - Apr. 28, 1788 Delaware - Dec. 7, 1787 South Carolina - May 23, 1788 Pennsylvania - Dec. 12, 1787 New Hampshire - June 21, 1788 New Jersey - Dec. 18, 1787 Virginia - June 25, 1788 Georgia - Jan. 2, 1788 New York - July 26, 1788 Connecticut - Jan. 9, 1788 North Carolina - Nov. 21, 1788 Massachusetts - Feb. 6, 1788 Rhode Island - May 29, 1790

The Bill of Rights d. Analyze how the Bill of Rights serves as a protector of individual and states’ rights.

Bill of Rights Anti-Federalist Concerns 1st Ten Amendments to the U.S. Constitution Why were these passed? Anti-Federalist Concerns Purpose: Protect rights of the people & states

1st - Freedom of Speech, Press, Religion, Assembly, Petition 2nd - Right to Bear Arms 3rd - Cannot be made to quarter soldiers 4th - Freedom from unreasonable searches and seizures 5th - Due process of law + no self-incrimination, double jeopardy 6th - Rights of accused persons (ex. speedy and public trial) 7th - Right of trial by jury in civil cases 8th - No excessive bail, cruel and unusual punishments 9th - Other rights of the people 10th - Powers reserved to the states

As Protector of States’ Rights.. Amendment X The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. What does this mean? If a right is NOT given to the federal government, then it belongs to the states. For example: Congress is not given the right to give licenses to people – therefore, the states are the ones that do it. Each state can have it’s own individual laws.

America Under the Constitution e. Explain the importance of the Presidencies of George Washington and John Adams; include the Whiskey Rebellion, non-intervention in Europe, and the development of political parties (Alexander Hamilton).

George Washington (1732-1799) #1 President of the United States: 1789-1797 (1st) President of Constitutional Convention War hero Unanimously elected first President of the United States under the U.S. Constitution (1789) French & Indian War Revolutionary War "First in war, first in peace, first in the hearts of his countrymen."

Washington’s Administration Vice President: John Adams Cabinet: Secretary of State: Thomas Jefferson Secretary of War: Henry Knox Secretary of the Treasury: Alexander Hamilton Attorney General: Edmund Randolph Created by Congress – not mentioned in Constitution

Major Events of Washington’s Presidency Creation of Cabinet (1789) Creation of Supreme Court / Court System Judiciary Act of 1789 Monetary Policy Government would pay off all of its debts & assume much of states’ debts Bank of the United States (National Bank) - 1791 Jay’s Treaty Whiskey Rebellion

Judiciary Act of 1789 Established federal court system District court in each state Supreme Court 6 justices Defined the powers/jurisdiction of each court

Bank of the United States Purpose: To provide stability to the financial system To make credit available

Argument over the Bank of the U.S. Loose Construction Supported by Alexander Hamilton Congress could do anything UNLESS the Constitution said otherwise “Necessary and Proper” clause Strict Construction Supported by Thomas Jefferson Congress could ONLY do what the Constitution specifically stated

Jay’s Treaty (1793) Goal: Avoid another war w/ Britain Main Results: Solve issues remaining from Revolution Main Results: British would leave Northwest Territory in 1 year Small US ships could trade in British West Indies Rejection of American position on neutral rights Searches of American vessels/Impressment of sailors would continue No compensation for American ships/slaves taken

Flags carried by members of the rebellion Whiskey Rebellion Flags carried by members of the rebellion Causes: 1791 – Congress passes a tax on whiskey Rebellion: 1794 – 6,000 men attacked U.S. Marshals attempting to enforce the tax Washington leads army of 13,000 – rebellion ends Results: Shows power of the federal government grain whiskey Easier to transport

Non-intervention in Europe U.S. foreign policy First stated in George Washington’s Farewell Address “Europe has a set of primary interests, which to us have none, or a very remote relation. Hence she must be engaged in frequent controversies, the causes of which are essentially foreign to our concerns. Hence therefore it must be unwise to implicate ourselves, by artificial ties, in the ordinary vicissitudes of her politics, or the ordinary combinations and collisions of her friendships, or enmities. . . . Why, by interweaving our destiny with that of any part of Europe, entangle our peace and prosperity in the toils of European Ambition, Rivalship, Interest, Humour, or Caprice?”

Development of Political Parties People divided over their view of the future of America Democratic-Republicans Led by Thomas Jefferson Strict Constructionists Favored farmers, poor Federalists Led by Alexander Hamilton Loose Constructionists Favored industry, rich

Development of Political Parties FEDERALISTS America should be run by wealthy & educated Favored in the North Favored industry/ urban areas DEMOCRATIC-REPUBLICANS Farmers and middle class could be trusted to run country Favored in the South Favored rural areas

Alexander Hamilton (1755-1804) First Secretary of the Treasury Founded Bank of U.S. Influential Federalist Believed in rule by rich & powerful

Thomas Jefferson (1743-1826) Third President of the United States Influential Republican Believed in rule by the everyday man Feared industry

President of the United States: 1797-1801 (2nd) #2 John Adams (1735-1826) President of the United States: 1797-1801 (2nd) Politician from Massachusetts Served as Vice President under Washington Handpicked by Washington to be his successor Federalist

Adams’ Administration Vice President: Thomas Jefferson Administration was a disaster Many Federalists were still loyal to Alexander Hamilton, not John Adams Vice President Jefferson and President Adams did not get along Republican

XYZ Affair (1798) In response to Jay’s Treaty (1793), France began seizing American ships Negotiations Three men sent to France to make peace Charles Pinckney, John Marshall, Elbridge Gerry Negotiations w/ France broke down French officials demanded bribes DID YOU KNOW: After the XYZ Affair, the U.S. and France fought a short, undeclared naval war.

Alien and Sedition Acts (1798) Passed in response to undeclared war with France Purpose: protect the U.S. from foreign influences

Alien and Sedition Acts (1798) What it did: Lengthened citizenship residence requirement from 5 to 14 yrs. Gave President authority to deport any “dangerous” foreigner Illegal to “print, write, or speak in a scandalous or malicious way against the government” Result: Weakened Federalists

Kentucky & Virginia Resolutions (1798) Written by T. Jefferson & J. Madison Democratic-Republicans State legislatures in KY and VA argued the Alien and Sedition Acts were unconstitutional Therefore, states did not have to obey these laws Doctrine of "Nullification"

“Midnight Judges” Judges appointed by President Adams right before Jefferson takes office After Adams was defeated by Jefferson Many were removed from office Some were never given their appointment

Principle of Judicial Review Marbury v. Madison (1803) William Marbury was a “midnight judge” Declared part of Judiciary Act of 1789 unconstitutional Principle of Judicial Review

Election of 1800 Jefferson vs. Adams Republicans win “Constitutional Crisis”

Meant to be Vice President Election of 1800 Meant to be Vice President T. Jefferson and Aaron Burr receive the same number of electoral college votes 73 each In case of tie = House of Reps. Votes Federalists hoped to cause confusion by supporting Burr Hamilton disliked Jefferson but hated Burr Gives support to Jefferson Jefferson officially selected president just a few weeks before inauguration

Result of the Election of 1800 Twelfth Amendment Separate vote in Electoral College for Pres. & VP In case of tie/no majority: House votes on Pres. Senate votes on Vice Pres. Vice President must be eligible to serve as Pres. Each state with 1 vote