Chapter 5

Constitution

Early governments All states created Republics Some unicameral, some bicameral Most elected governors, voting rights for

property owners, freedom of religion

Articles of Confederation 1777 Continental Congress adopts Articles

of Confederation Loose confederation of states Only one branch – legislature No executive (Congress would enforce

laws) State constitutions far more powerful –

reserved much power for the states

Land Northwest Territory gained by U.S. Congress hoped to raise $ and extend borders Land Ordinance 1785 – divided into a grid

system; broke into small sections Northwest Ordinance of 1787 – a way to govern

the land After 60,000 people, could apply for statehood OH, IN, IL, MI, WI formed from NW Ord.

Articles (cont) Problems with England and Spain – didn’t

respect us GB kept forts in the west Interfered with trade Debt from war

Weaknesses One vote, one state Could not collect taxes; had to ask states for $ Had to ask states for troops (no military) Couldn’t regulate commerce (trade) No separate executive branch; couldn’t enforce No national court system Couldn’t regulate printing of $ Amendments required unanimous vote (all 13) 9/13 majority required to pass laws “firm league of friendship” – loose confederation

Shays’ Rebellion Taxes passed to raise money for war debt British calling in debts; creditors foreclosing Taxes & foreclosures hit farmers hard MA - Shays led rebellion – no strong gov. or

army to suppress rebellion * Demonstrated people WOULD defy authority

but most importantly, showed how weak the Articles were!

The Constitutional Convention Philadelphia – 1787; secret meeting 55 delegates from all but RI Well educated, some wealthy, landowners James Madison – “Father of the Const.” Great knowledge of history, kept private detailed

notes http://www.history.com/videos/james-madison-di

d-you-know George Washington – President of the

Constitutional Convention

Divisions and Compromises Some wanted to amend, some wanted to change

completely (abandon Articles) Had been authorized only to amend/revise Representation, Slavery, State v. Federal Virginia Plan

Bicameral Leg. (2-house) Proportional with population Taxation power; veto power over state leg. Executive and Judicial branch

Divisions/Compromises cont. New Jersey Plan

Taxation power and Exec. and Jud. Branches Equal representation - vote in Congress

GREAT COMPROMISE:Two house legislature – bicameral

Senate – Equal representation (2 per state)

House – Proportional rep. (based on population)

Creates a Federal system (power shared between state & federal power); also called Federalism

Three-Fifths Compromise Southern states wanted slaves included in

population count (not for voting) – over 4 million

Would give them more members of House 3/5 of the South’s slaves would be counted No interference in slave trade 20 years Fugitive slaves had to be returned

Ratifying the Constitution Required 9 of 13 Framers feared state legislatures would not

ratify Federalists – Favored the Constitution,

strong national govt. Antifederalists – Opposed Constitution;

plan posed a threat to state govt.

Ratification cont. Federalists

Washington, Hamilton, Madison

The Federalist Papers – articles that supported constitution

Antifederalists Patrick Henry, Thomas Jefferson

Against constitution; less affected by commerce (rural) – needed less leadership

Saw Constitution as betrayal of the Revolution

The Federalists Win Articles had serious flaws; economic problems;

Shay’s Rebellion Federalists united around a single plan; anti-

federalists only united against – had no official plan Well organized national group Had support of George Washington Federalist Papers Ratified 1789 Needed one last compromise…..

The Bill of Rights Passed because of Federalist’s willingness to

accept several amendments Some Federalists saw no need for BOR

(Madison) Thomas Jefferson favored BOR– “unalienable

rights” of Declaration Federalists gave in to pressure for amendments First 10 amendments – Bill of Rights ratified in

1791

A Lasting Document Specific but flexible to adapt to societal

change Only amended 27 times (one repealed the

other) Many nations model their gov’t on this

The Government Separation of Powers -3 Branches – Legislative, Executive,

Judicial Checks and Balances – each limits the other House – responsive to people, elected every 2 years, based

on population, 25 yrs, 7 year US citizen ($ bills must begin in House)

Senate – more removed from the people, 6 year terms, 1/3 elected every 2 years, 30 yrs.., 9 year US citizen

Today – 100 in Senate, 435 in House Georgia – 14 Reps, (Senators Johnny Isackson, Saxby

Chambliss, Rep. Gingrey) *New Senator (Perdue/Nunn) in November

J UDICIAL BRANCH

LEGISLATIVEBRANCH

EXECUTIVE BRANCH

•ENFORCES THE LAWS

•HEADED BY THE PRESI DENT

•MAKES THE LAWS

•CONGRESS DI VI DED I NTO TWO HOUSES: SENATE AND HOUSE OF REPRESENTATIVES

•I NTERPRETS THE LAWS

•SUPREME COURT HIGHEST COURT

THE DELEGATES AGREED ON

SEPARATION OF POWERS

Colonization to Reconstruction: Early U.S. History Review

J UDICIAL BRANCH

LEGISLATIVEBRANCH

EXECUTIVE BRANCH

•ENFORCES THE LAWS

•HEADED BY THE PRESI DENT

•MAKES THE LAWS

•CONGRESS DI VI DED I NTO TWO HOUSES: SENATE AND HOUSE OF REPRESENTATIVES

•I NTERPRETS THE LAWS

•SUPREME COURT HIGHEST COURT

THE DELEGATES AGREED ON

SEPARATION OF POWERS

Colonization to Reconstruction: Early U.S. History Review

The President Executive branch Command of armed forces, veto, appoints

federal judges, signs bills into law Electoral College elects president (same

number of electors as Congressmen) 35, U.S. born, 14 year resident

Federal Courts Members chosen by President with consent

of Senate Served for life Terms left vague….this would result in the

concept of JUDICIAL REVIEW which increased power of courts tremendously – they can declare a law unconstitutional!

The Constitution - Principles Popular Sovereignty Limited Government Separation of Powers Checks and Balances Judicial Review Federalism

The Constitution - Structure Article 1 – Legislative Article 2 – Executive Article 3 – Judicial Article 4 – Relations among states Article 5 – Provisions for amendment Article 6 – Debt, supremacy of national law Article 7 – Ratification AMENDMENTS – 27 total

The New Government New York, 1789 – George Washington

inaugurated into office Unanimous vote of electoral college (John

Adams – VP) Selected Cabinet (Randolph, Knox,

Jefferson, Hamilton) Jefferson – domestic affairs; great diplomat

and leader; distrusted govt.

New Government cont. Hamilton – favored strong national gov. –

believed it could accomplish great things Washington – established precedents for future

administrations…what was the role of each branch, each official, etc.?

Great dignity and strong personality NY to Philadelphia for 10 years New capital – DC; L’Enfant designed to display

power and authority