Forming our National Government

Declaration of Independence

• Jefferson used the preamble to describe the basic rights of man.– To have Legitimacy, all governments have to

do certain things– British government has not done the things

needed to be done by a government– British government does not have

Authority/Legitimacy over colonists

Declaration of Independence

Declaration of Independence

• Committee of 5 assigned to write it• Written mainly by Thomas Jefferson ( age 33)• Adams & Jefferson both became president• Adams & Jefferson both died the same day• July 4, 1826

Articles of Confederation• July 12th, 1776, plan to form

confederacy presented to Congress

• Drafted by John Dickinson of Pennsylvania

• Approved by a committee made up of one person from each of the states

• November 15, 1777, the Articles were proposed to the colonies

• AOC ratified by all the states and went into effect March 1, 1781

Articles of Confederation

• Individual political units (States) maintain their sovereignty

• This independence of each political unit is seen as both the main advantage and main disadvantage of a confederation.

• Many confederations have been tried throughout world history, but none survive today.

Weaknesses of the Articles of Confederation

• Could not levy taxes or regulate commerce• Sovereignty, independence retained by states• One vote in Congress for each state• 9 of 13 votes needed to pass any measure• Delegates to Congress picked & paid by state• Little money coined by Congress

Weaknesses of the Articles of Confederation

• Army small, dependent on state militias• Territorial disputes between states led to open

hostilities• No national judicial system• All thirteen states’ consent needed for any

amendments

Crisis leading to a Call for a Constitutional Convention

• Newburgh Mutiny (1783)– Military officers discontent with lack of pay

• Annapolis Convention (1786)– Only 5 states showed up– Issued a report & call for another meeting

Shay’s Rebellion (1787)

• Group of ex-Revolutionary war soldiers prevented the courts from holding session

• Governor (Mass.) asked the Continental Congress to send troops to suppress the rebellion

• However, CC could not raise the money or manpower• Mass. Governor looked to his own state’s militia, but

did not have one• Finally, private funds were raised to hire a volunteer

army to stop the rebels

Writing the ConstitutionThe Framers

(who showed up in Philadelphia May 1787)

• 55 attended• 29 were veterans of the Continental Army• 12 of 13 states were present (Rhode Island)• 8 had signed the Dec. of Independence• 41 were members of Cont. Congress• 7 state governors (+2 ex gov)• Many later served in the U.S. Gov’t

The FramersViews on arriving in Philadelphia

• Had read Locke, Jefferson, others

• Doubted that democracy would guarantee liberty– Pennsylvania experience

• Saw need for strong government to maintain order– Massachusetts – Shay’s Rebellion

• Problem was how to reconcile liberty – strong central government.– Madison – Federalist Paper #51

The Constitutional Convention

• George Washington – presided• Met in Philadelphia – summer 1787• Meetings secret, no minutes• Records are from James Madison’s notes• Authorized to revise Art. of Confed

The Virginia Plan

• Authored by Madison – starting point• Strong National Gov’t – veto state laws• Three Branches

– Legislature – two houses– Exec & Jud – chosen by legislature

• Council of Revision – veto power• Veto could be overridden

The New Jersey Plan

• Small States concerned – – Virginia plan based on population

• Amend articles to increase national power• Maintain one vote per state in Congress• Congress chosen by state legislatures

The Great Compromise

• Key Vote on June 19, 1787– Virginia Plan supported by 7 states– New Jersey Plan supported by 3 states– One state was split– Two not there

While Virginia plan had majority support the delegates realized compromises needed to be made to ensure a constitution that would be ratified by the whole nation.

The Great Compromise

• AKA: The Connecticut Compromise• House

– based on population, – elected by the people

• Senate – two per state, – chosen by State Legislature

– Won on 5-4 vote • Massachusetts Split NY, NH & RI not there

Slavery Compromises

• 3/5 compromise– Determine population for House seats

• 1808 first consideration of banning slave trade

• Fugitive slave clause

Bill of Rights

• Some rights are in the constitution• States had their own Bill of Rights• Promised in several states to get ratification• Proposed by Madison in 1st Congress• 10 of 12 passed in 1791• 1 passed in 1992 (27th Amendment)

What We Got

• Republic – not a democracy• System of representation• Amendment process• Separation of powers - checks and balances• Federalism – powers divided between levels • Procedure for adding new states

Timeline of Ratification

Constitution submitted to States Sept. 17, 17879th state ratifies (N.H.) June 21, 1788Elections held in states various datesNew government established March 4, 1789Congress quorum April 6, 1789Washington Inaugurated April 30, 1789

Timeline of Ratification

James Madison proposes Bill of Rights June 8, 1789

Congress establishes Supreme Court Sept. 24, 1789

Congress passes 12 proposed Amendments Sept. 25, 1789

Supreme Court meets 1st Time Feb 2, 1790

Virginia ratifies Bill of Rights (10 Amd.) Dec 15, 1791

Dates States RatifiedDelaware December 7, 1787 Pennsylvania December 12, 1787 New Jersey December 18, 1787 Georgia January 2, 1788 Connecticut January 9, 1788 Massachusetts February 6, 1788 Maryland April 28, 1788 South Carolina May 23, 1788 New Hampshire June 21, 1788 Virginia June 26, 1788 New York July 26, 1788 North Carolina November 21, 1789 Rhode Island May 29, 1790