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Chapter 7 Creating a

Republic(1776-1790)

(American Nation Textbook Pages 198-219)

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Chapter Setting

Benjamin Rush’s words were spoken in January 1787. It reflected

many Americans feelings on the American Revolution. Rush was a

respected doctor that set up the nations first free clinic.

Benjamin RushThomas Paine

He was very outspoken and earlier he convinced Thomas Paine to write

his pamphlet, Common Sense.

“The American war is over: but this is far from being

the case with the American Revolution. On the contrary, nothing but the

first act of the great drama is closed.

It remains yet to establish and perfect our new government,”

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With the

signing of the

Declaration of

Independence

and the Treaty

of Paris their

now was a

need to set up

a form of

government for

the American

people.

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On May 1776, the

Continental

Congress asked

each colony to set

up a government to

protect the “lives,

liberties, and

properties” of its

citizens. In July, the

Congress set about

to set up and

organize a new

national

government.

1. A Confederation of States

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State Constitutions

During the Revolution most states wrote their own

Constitutions. A constitution is a document that sets out the

laws and principles of government. States wanted a

constitution for two reasons. First, it would spell out all the

rights of all citizens. Secondly, it would set limits on the

power of government.

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Power in the legislature was

divided between the upper

house called the Senate and a

lower house called the House of

Representatives . All states

except Pennsylvania had a

governor, who executed, or

carried out the laws.House of Representatives

Colonists were too concerned

about putting too much power

in the hands of a few people. To

avoid this they divided the

powers of government between

an executive and the legislative

part. Every state had a

legislature that passed laws.

The voters elected lawmakers.

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Virginia further limited the power of

government by including a Bill of Rights in its

constitution. A Bill of Rights lists freedoms that

the government promises to protect. The Bill of

Rights protected the rights of religion and

freedom of the press. Other states soon

followed Virginia’s examples and created their

own Bill of Rights.

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The state constitutions also expanded the

right to vote. Now under the constitution

you could vote if you were a white male

over the age of 21. In a few states women

and free African Americans could vote.

Fannie Lou Hamer Links

by Mr. Zindman

Susan B. Anthony and

Elizabeth Cady Stanton

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The American Revolution did not prompt a radical

redefinition of the right to vote. In 1786, only two of

the original thirteen states (Georgia and South

Carolina) expressly restricted voting privileges to the

eligible white population. The U.S. Constitution,

written in 1787, recognized the authority of the states

to define the right to vote. Between 1776 and 1860,

about one-third of the states permitted voting by free

African-American adult males.

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Although the states have formed 13 separate

governments, the Continental Congress drafted a

plan for the nation as a whole. In order for

America to be successful all of the states must be

united by a national government.

Forming a National Government

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Writing a constitution that all the states would

approve was difficult. The states were unwilling to

turn over their power to a national government.

After many debates, the Continental Congress

completed the first American Constitution, The

Articles of Confederation.

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4. Congress had the right to declare war, appoint

military officers, and create and control coin

money.

Under the Articles of Confederation:

1. All states agrees to send delegates to a congress to

vote on proposals

2. Congress would pass the laws, but at least 9 of the

13 states had to approve of the law before it can

pass.

3. Congress could not pass taxes, the states had to

control over taxes.

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The first dispute arose over the Articles of the

Confederation. All the states ratified the Articles with

the exception of Maryland. They disputed of the land

between the Appalachian Mountains and the

Mississippi River. Virginia and some other states

claimed all the land to the West. Soon afterwards one

state at a time they gave up their claims to the western

lands.

Disputes Over Western Lands

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By 1783, the United States had won their independence. The new

nation faced many problems. From 1783 to 1787, the Americans

had reason to doubt whether their country would survive. The

biggest problem that the states faced was money. As a result of

borrowing during the Revolution, the United States owed millions

of dollars. It had no way to pay its debts. Under the Articles of

Confederation, Congress would ask for money to repay these

debts. However, the states had the right to turn down the requests

of Congress.

Serious Charges Over the Articles of Confederation

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During the Revolution Congress

solved their problems by printing

paper money. This paper money

was called Continental dollars.

Without gold or silver to back up

the paper money, the paper

money retained little or no value.

As the Continental dollars

became worthless the states

printed up their own paper

money. The problem with this

was that most states refused to

accept money from another state.

This made trade between states

difficult.

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A farsighted Policy for Western Lands

Settlers in the western lands posed still another

problem. The Articles of the Confederation said nothing

about admitting new states to the United States.

Congress saw a great need for a local government in the

western lands or Northwest Territory as thousands of

settlers moved there. To meet this need Congress

passed two laws. Here are the two laws:

Geography and History

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In time five states were carved out of the Northwest Territory. The

new states were Ohio, Indiana, Illinois, Michigan and Wisconsin.

Land Ordinance of 1785

Northwest

Ordinance

• Land Ordinance of 1785- this law set up a system for settling the

Northwest Territory. The law called for the territory to be divided

into sections or townships.

• Northwest Ordinance- This law set up the government of the

Northwest Territory. This law also outlawed slavery in these lands.

When the population in a territory or section reached 60,000 they can

apply to the United States to become a state.

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After the Revolution, the nation

suffered an economic depression.

An economic depression is a period

when business activity slows,

prices and wages fall, and

unemployment rises. The

depression hit the farmers hard.

During the Revolution the demand

for farm products was high. The

farmers were eager to produce

more food. They borrowed money

to buy more land, seed and animals.

As the soldiers returned to their

homes the demand for farm goods

fell. Many farmers could not repay

their loans. The banks and courts

seized the farms of the people that

did not repay their loans.

A Farmers Revolt

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In 1786 the unhappy farmers

flared into a rebellion. They were

determined to save their debt-

ridden farms. Daniel Shays, an

unhappy farmer gathered a force

of 2,000 farmers and led them

into a rebellion attacking court

houses and preventing the sale

of their property for payment of

debts. When they tried to raid a

warehouse full of rifles and

Gunpowder the Massachusetts

army drove them off. This

uprising was called Shays'

Rebellion.

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George Washington

spoke out on behalf of

the farmers. He felt

that the Articles of

Confederation had to

be changed to help

meet the needs of the

farmers during this

crisis. On May 1787

the leaders of several

states met to discuss

this issue in a

convention.

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The convention was called the Constitutional Convention was held in

Philadelphia. Among the delegates to the convention was a 36-year-old,

short and thin man. He was James Madison. James Madison was the

youngest and most prepared man at the Constitutional Convention.

Madison kept a full and clear record of the proceedings. Benjamin

Franklin, at age 81, was the oldest man at the convention.

In the hot summer of 1787, the framers of the Constitution created a

strong and enduring government.

2.A Grand Convention

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Soon after the meetings began the

delegates decided to do more than

revise the Articles of

Confederation. They decided to

instead write a brand new

constitution for the nation. Many

delegates disagreed what form this

government should take.

Edmund Randolph and James

Madison, both from Virginia, made

a proposal to the Convention. The

plan was called the Virginia Plan.

The plan called for a strong

national government with three

branches:James Madison

Edmund Randolph

Hopelessly Divided

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• The Judicial Branch or system of courts decides if the laws are

carried out fairly.

• The Legislative Branch of government passes the laws.

• The Executive Branch of government carries out the laws.

Click to visit a computer activity on the

three branches of government created by

Mr. Zindman

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The Virginia Plan also

called for a two-house

legislature. Seats to

each house will be

awarded based on

population. Previously

under the Articles of

the Confederation

each state had the

same number of

representatives

regardless of the

population.

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Many small states objected

strongly to the Virginia Plan. Large

states could easily outvote small

states. After two weeks of debate,

William Patterson, of New Jersey

presented a new plan called the

New Jersey Plan. Under the New

Jersey Plan, the legislature would

only have one house. Each state no

matter the size of the population

would have only one vote in the

legislature. The two sides were

deadlocked.

William Patterson and Roger

Sherman

A delegate named Roger Sherman,

of Connecticut, worked out a

compromise between the large and

small states. A compromise is a

settlement in which one side agrees

to give up some of its demands.

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The members of the upper house known as the Senate would have

two senators per state no matter what the size of the state. On July

16th the delegates approved the plan. It became known as The

Great Compromise.

The

Senate

House of

Representatives

Sherman’s compromise called for a legislature with a lower and

upper house. The Lower House was known, as the House of

Representatives would have representatives based on that state’s

population.

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The issue of slavery was also raised at the convention.

Southerners wanted to include slaves in the population count but

they did not want to let them vote. If the slaves were counted the

South would have a majority of representatives.

Northerners protested, they said if they could not vote they could

not be counted. They did not want the South to have a majority of

the representatives. Once again the delegates compromised.

They agreed that three fifths of the slaves would be counted. In

other words, if a state had 5,000 slaves, 3,000 of them would be

counted in the state’s population. This was called the Three-Fifths

Compromise.

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Northerners and

Southerners also

disagreed on another

issue relating to slavery.

By 1787, some northern

states banned the slave

trade within their borders.

They wanted the new

Congress to ban the slave

trade in the entire nation.

Southerners warned that if

the slave trade was

banned it would ruin the

southern economy.

Click on

the

pictures

to learn

more

The Slave Trade

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In the end, the two

sides compromised.

They said: Congress

could not outlaw

slavery for at least

twenty years.

Northerners agreed

that no state could

stop a fugitive slave

from being returned

to an owner who

claimed him/her.

Click on the picture to learn more

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Finally, on September 17, 1787, the

Constitution was ready. The

delegates one by one signed the

Constitution. They had done

something remarkable. In just a few

months, they had set up the

framework for a lasting government

for our country. At the end of the

Convention, a Republic was set up.

A republic is a nation in which

voters elect representatives to

govern them. Benjamin Franklin

said, “It is now up to the people of

the United States to make their own

new government work.”

Signing the Constitution

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Many ideas from the Constitution were inspired from

other sources. Here are some of the ideas that

shaped the Constitution.

Ideas that Shaped the Constitution

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• Ideas from Europe- Ideas limiting the power of a

ruler came from the Magna Carta in England.

• The League of the Iroquois-early American leaders

was inspired by the Iroquois system of government.

The League of the Iroquois was a model for unity.

The Indian nations governed separately but joined

in unity in their defense.

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• Montesquieu- In 1748 Montesquieu published The Spirit of the Laws.

In it he said that the power of government should be divided among

three branches: legislative, executive and judicial. This was designed

to keep any person or group from gaining too much power. This idea

became known as the separation of powers.

Montesquieu also said that the powers of government should be clearly

defined.

John LockeMontesquieu

• John Locke- In 1690, John Locke published Two treaties of

Government. He stated in this work that all people had the natural

rights to life liberty and property.

Click here to visit a

computer activity

on the ideas that

shaped the

Constitution created

by Mr. Zindman

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Under the old Articles

of Confederation, the

states had more power

than Congress. With

the new Constitution,

the states gave up

some of their power to

the national

government. The

division of power

between the states and

national government is

called Federalism.

A Federal System

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• Under the Constitution, states have the power to

regulate trade between their borders. The states

decide who can vote in elections. The states have the

power to establish schools and local governments.

Under the Federal system the following rules of power

apply:

• The Constitution spells out the powers of the

Federal Government. For example, the Federal

Government can coin money or declare war.

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Many of the powers

between the

government and states

are shared. For

example, both

governments can build

roads or raise taxes.

The Constitution is the

“final law of the land.”

In a dispute between

the state and Federal

Government, the

Federal Government

has the final authority.

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1. The Legislative Branch- Congress is the legislative branch of

government. It is made up of the House of Representatives and the

Senate. The main function of the legislative branch is to make

laws. The legislative branch has the power to collect taxes and the

power to regulate foreign and interstate trade.

In foreign affairs Congress has the power to declare war and to

“raise and support armies.”

Click on the picture to learn more.

Separation of PowersThe Constitution set up three branches of government. They defined the

powers of each branch. Here is the power each branch is assigned:

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2. The Executive Branch-

The Executive Branch is

headed by the President.

The Executive Branch also

includes the Vice-President

and any advisors

appointed by the

President.

The President is

responsible for carrying

out all the laws passed by

Congress.

The President is also the

commander and chief of

the armed forces and is

responsible for all foreign

relations.

Click on the picture.

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3.The Judicial Branch- Article 3 of the Constitution

calls for a Supreme Court and other federal courts.

These courts hear cases that involve the Constitution

and any laws passed by Congress. They also hear

cases arising between two or more states.

Click on the picture to

learn more.

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Delegates wanted to be sure that the President would not become

too strong. Delegates also wanted to know how a voter would get

to know a candidate if they lived far away. To solve these

problems, delegates set up the Electoral College. The Electoral

College would be made up of electors from every state. Every

four years, the electors would meet as a group and vote for the

President and Vice-President of the United States. The founders

of the Constitution felt that the well-informed citizens familiar with

the national government would be able to choose a President and

Vice-President wisely.

Electing a President

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The Constitution set up a system of checks and

balances. Under this system, each branch of the

government has some way to check, or control the two

other branches. This is also another way that the

Constitution limits the power of government.

A System of Checks and Balances

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• Congress can then check the President by

overriding, or overruling, the president’s

veto.

Checks on Congress

• The President can check the power of

Congress by vetoing, or rejecting a proposed

law (or bill.)

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• Congress has the power to remove a

president from office if they find the

President guilty of a crime. When a

President is charged with a crime or

misbehavior it is called an

impeachment.

2. Checks on the President

• The President has the power to

appoint officials in our government.

However, the Senate must approve his

appointments.

• The President can approve a treaty

from another nation, but the Senate

must approve it by a two-thirds

majority vote.

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• If a judge misbehaves Congress can remove

them from office.

Click on the picture to learn

more.

3. Checks on the Courts

• The President and Congress have checks on the

courts. The President appoints the judges in the

courts but the Senate must approve them.

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This document has been working for more than

200 years, longer than any other Constitution in

the world. This Constitution has lasted because it

is a living document.

Click on the picture to learn

more.The original document can be seen at the National Archives in

Washington, D.C.

A Living Document

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At home in the town

squares, Americans

discussed the Constitution.

Many people supported it.

Many others did not. The

convention was over. Now

the states had to decide

whether or not to ratify this

new frame of government.

4.Ratifying the Constitution

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The Constitution was sent to George Washington for his

examination. He called upon Congress to support the

plan. In order for the document to be ratified (or

accepted) nine of the thirteen states had to agree with it.

In every state there were debates over the Constitution.

People that supported the Constitution were called

Federalists. The people who opposed the Constitution

were called Antifederalists.

Federalists

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The Antifederalists were against the

Constitution because it did not have a Bill of

Rights. The Bill of Rights would spell out the

basic freedoms (or rights) for all of the

American people. The states then held a vote

and one by one, the states voted to ratify the

Constitution. In June 1788, New Hampshire

became the ninth state to ratify the

Constitution. Now the new government could

go into affect. By 1790, the last state of Rhode

Island approved the Constitution. The people

celebrated in festive parades and parties.

Americans then voted in George Washington

as the first President. John Adams was elected

the first Vice-President. New York City became

the nation’s first Capital.

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The first Congress quickly turned its attention to

adding the Bill of Rights. They also set up a way to

amend, or change the Constitution. They wanted the

Constitution to change as the times changed. They

called the changing of the Constitution the Amendment

Process.

Adding a Bill of Rights

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•To start the amendment process, an amendment must

be proposed. This can be done in two ways. Two thirds

of both houses of Congress can vote to propose an

amendment. Or two thirds of the states can request

special conventions to propose the amendments.

Click on the picture to learn more.

The Amendment Process

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• In more than 200 years since the adoption of the

Constitution, only 27 amendments have been approved.

Ten of these were added in the first years of the

Constitution.

19th

Amendment:

Woman’s

Suffrage

Click on the picture to learn more.

• Next the amendment must be ratified (or accepted.) Three

fourths of the states must vote for the amendment before it

becomes part of the Constitution.

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The first ten amendments to be approved were called

the Bill of Rights. The Bill of Rights assures that the

government does not take away the peoples basic

rights. Here are some of the first few Amendments:

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•Amendment 5-8 protects citizens accused of crimes and brought to trial.

Every citizen has the right to due process. Due process means the

government must follow the same fair rules in all cases brought to trial.

Among these rules are the right to trial by jury, the right to being

defended by a lawyer, and the right to a speedy trial.

•Amendment 1 guarantees freedom of religion, freedom of speech, freedom

of press, freedom of petition and freedom of assembly.

•Amendment 2 and Amendment 3 prevents Congress from forcing

citizens to quarter, or house troops in their homes.

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