Drafting the Constitution

Main Questions

Do we tweak the Articles or write something new?

Should we have a strong or weak central government?

What should we do about slaves?How do we get out of debt?How do we regulate money?How do we elect the President?

Main Ideas

The Central Government needs more powerEx: Power to tax

The Constitution works because of compromise.

Washington sets the standard of what it means to be President.

Issues with Articles

Financial: Unpaid war debts

Foreign: No respect from European nations.

Domestic: Issues with laws on citizen behavior and state trade. -Issues between states

Shays Rebellion

Farmers wanted state governments to issue more $.

Felt they were treating northern states better.

Daniel Shays & his men riot in Massachusetts in 1786.

Demand: Paper money, tax relief, moratorium on debts, relocate the capital, and no more jail for debt

Rebellion is put down.

Consequences to Shays Rebellion

Reveals the limited power of the Articles of Confederation.

More urgency for a national constitution.

Battle of Fallen Timbers

Natives saw westward movement of Americans as a direct threat.

Natives in Ohio Valley had been attacking them.

1794 General Anthony Wayne defeated the Shawnee, Wyandot, and others in the Battle of Fallen Timbers.

Consequences of The Battle of Fallen Timbers

Reminder of issues with Natives

Treaty of Greenville gave Americans Ohio territory and the ability to settle there.

Annapolis Convention

George Washington hosted a conference in Mt. Vernon, Virginia in 1785.

Reps from (Virginia, Maryland, Delaware, and Pennsylvania) discuss the problems with Articles and set up another meeting at Annapolis Maryland 1786

Another meeting set at Philadelphia to draft the constitution.

Drafting the Constitution

Philadelphia Convention

12/13 states sent delegates (55)

George Washington- Presiding officer

*White, wealthy, land-owning, educated males in attendance*

Issues to be Addressed

How do we distribute power in the government? James Madison- creates a system called

*Checks and Balances*- Each group watches over the other group in order to prevent any single group from having too much power.

3 Groups:Executive- Enforces Laws Judicial- Interpret Laws Legislative- Make Laws

Main Issues

1) Representation2) Slavery3) Trade4) Powers and election of the president5) Ratification

Issues to be Addressed…

RepresentationHow do we make it fair for all states?

James Madison- Virginia Plan (favored big states)

Roger Sherman proposed*Great Compromise* - Two- house Congress. Senate: Every state gets 2House of Representatives: Based on population

Issues to be Addressed…

SlaveryHow do we count slaves and should slavery

be allowed in the constitution?What they decide: -Three-fifths Compromise- Slaves were

considered 3/5 of a person in regard to taxation and representation.

-Slaves could be imported for at least 20 years longer.

Issues to be Addressed…

Trade issuesNorthern states want central government to

regulate interstate trade.South afraid of taxes on agriculture exports.

Commercial Compromise: *Congress regulates interstate and foreign commerce, including tariffs on foreign imports, but no taxes on exports.*

Issues to be Addressed

President issuesPresidential terms?How to elect him?How much power?

*Limit terms to 4 years with no limit on reelection*

*States given a number of electors equal to representatives and senators.*

*President given considerable power (ex: veto)*

Issues to be Addressed…

Ratification*September 17, 1787*

*Philadelphia convention approved the Draft of the Constitution.*

Fear it will not be approved by all 13 states*Declare only 9/13 need to approve*

Issues attaining Ratification

Differing OpinionsFederalists- Support the Constitution and a

strong federal government. Ex: Large cities, wealthy, north

Anti-Federalists- Opponents of the Constitution

Ex: Small Farmers

Federalists Anti-Federalists

Leaders: George Washington, Ben Franklin, James Madison, Alexander Hamilton

Arguments: Strong central gov.

Strategy: Show weakness in Articles of Confederation.

Advantages: Strong leaders, well organized

Disadvantages: Ideas were new and untried, no Bill of Rights

George Mason, Patrick Henry, James Winthrop, John Hancock

Weak central government

Constitution provided no protection of individual rights. Too much power for central government

Popular to distrust government

Unorganized, slow response to Federalists

Federalists v. Anti-Federalists

Bill of RightsAnti-Federalists argue there must be a Bill of

Rights in the Constitution.

Bill of Rights-Rights given to individuals to keep the government

from having too much power.

Washington Presidency

Issues-Organizing the Federal Government-Foreign Affairs-Domestic Concerns-Political Parties

Organizing the Federal Government

Executive Department- Washington elects four heads of departments.

Secretary of State: Thomas JeffersonSecretary of Treasury: Alexander HamiltonSecretary of War: Henry KnoxAttorney General: Edmund Rudolph

Federal Court System: Congress’s first laws was the Judiciary Act of 1789

*Supreme Court would rule over state courts.*

Organizing the Federal Government

Hamilton’s Financial Program1) Pay off national debt at face value and federal

government take the states debt.2) Protect nations industries and put high tariffs on

imported goods. 3) Create a national bank

Hamilton’s Plan is modified

Debt paid off by the federal government as long as they move the capital to Washington D.C.

Lower tariff rates than Hamilton had hoped.

Created the Bank of the United States (privately owned)

Federal excise on whiskey

Foreign Affairs

French RevolutionShould we ally with France in their revolution?

Washington decides to establish theProclamation of neutrality (1793)

-Believed we were too young and weak to help France.

-Thomas Jefferson resigned because he disagreed with Washington.

Foreign Affairs

“Citizen” Genet-French minister to the US-Objected to Washington’s policy-Outrageous behavior in trying to get French

support.

-Forced to stop working for the French.

Foreign Affairs

The Jay Treaty(1794)Chief Justice John Jay

- Went to convince Britain to stop searching and seizing American ships.

- Brought back a treaty that had the British leave American posts, but did not address the searching and seizing of American ships.

- -Angered American supporters of France but kept neutrality.

Domestic Affairs

Political PartiesTwo parties start to form under Alexander

Hamilton and Thomas Jefferson.

Federalists support HamiltonAnti-Federalists which become known as

Democratic-Republicans support Jefferson.

Foreign Affairs

The Pinckney Treaty (1795)Jay’s Treaty scared Spain into thinking Britain and

American were forming an alliance. Thomas Pinckney sent to Spain as a special

negotiator. Consequences:-Spain gave Americans access to all of the

Mississippi and into New Orleans. -Spain changed the boundaries of Florida in favor of

America.

Domestic Affairs

The Whiskey Rebellion (1794)-Western Pennsylvania-Farmers refused to pay a federal excise tax on

whiskey-Began attacking revenue collectors-Washington used the federal gov. to raise 15,000

state militiamen under Alexander Hamilton-Easily put done the rebellion.-Consequence: Illustrated the federal governments

strength and ability to put citizen rebellion down. -

Washington’s Farewell Address

Washington Warned Americans:Not to get involved in European affairsAgainst the United States making

“permanent alliances” in foreign affairsNot to form political partiesTo avoid sectionalism

John Adam’s Presidency

Between John Adam’s and Thomas JeffersonAdams wins by 3 electoral votes

Presidency tested by France as relations with Britain and Spain improved.

France was still dealing with the French Revolution.

XYZ Affair

Reports that U.S merchant ships seized by French warships.

Adams sent delegation to Paris for peaceful resolution.

Anonymous French delegates (X, Y, & Z) tried to bribe the American delegates.

Newspapers ran wild with this story and the call for war increased.

XYZ Affair Consequences

US in an undeclared war with FranceFederalists favored war. US builds up its navy US cuts off all trade with FranceFinally France signs a treaty in 1800.

The Alien and Sedition Acts (1798)

Federalists won popularity during XYZ affairFederalist Congress wanted to restrict the Democratic-

Republicans. Adopted 3 Laws:1)Naturalization Act- From 5 to 14 years required for

immigrants to become US citizens

2)Alien Acts- President could deport any aliens considered dangerous and detain enemy aliens during war.

3)Sedition Act-Made it illegal for newspaper editors to criticize the President or Congress.

The Kentucky and Virginia Resolutions“null and void”

Republicans argued the Alien and Sedition Acts violated the First Amendment of the Constitution.

Supreme Court did not have judicial review yet.

Kentucky and Virginia created resolutions (laws of their own) that the Federal government must follow.

Compact- Federal gov. contract with states that if broken, states could nullify federal law.

Consequences to the Resolutions

The argument used by Virginia and Kentucky would be used again in a controversy in the 1830’s.

Federalists lost their majority in Congress after the election of 1800.

Supreme Court under John Marshall made the court the last resort on deciding if a federal law is constitutional.

Election of 1800

Federalists lost popularity.(Alien and Sedition Acts & Taxes preparing for war)

Election Results:-Congress and President powers were lost for

Federalists-Thomas Jefferson and Aaron Burr (Republicans) received the same number of electoral ballots. -House of Representatives decided on Jefferson.-Passing of power peacefully- Called the peaceful

revolution known as the Revolution of 1800

1800 Election consequences

Jefferson becomes PresidentPeaceful transition of powerDemocratic-Republicans take control of CongressIllustrated a weakness in the electoral college

Partner Activity

In your group reorder the Bill of Rights from most important to least important.

In a paragraph or two, explain why you came up with the order that you have.

Finally, draw a picture depicting at least 5 of the Bill of Rights.