Review

Why was the French & Indian War fought?

What were the primary causes of the American Revolution?

What were the colonial responses to British actions such as the Proclamation Act of 1763, Stamp Act, & Intolerable Acts?

What was the importance of Thomas Paine’s Common Sense?

Standard USHC-1.4 Analyze how

dissatisfactions with the government under the Articles of Confederation were addressed with the writing of the Constitution of 1787, including the debates and compromises reached at the Philadelphia Convention and the ratification of the Constitution.

SHAPING A NEW NATION

Articles of Confederation and Constitution

Forming a Republic Following the Revolutionary

War, the Second Continental Congress met to form a government.

However, the states were reluctant to unite under a strong central government.

Most people’s allegiance was to the state, not the national government

The delegates believed a democracy placed too much power in the hands of uneducated masses, so they favored a Republic – where citizens rule through elected representatives.

Drafting a National Constitution

The members of the Second Continental Congress had to answer three main questions: Representation by population or

state? Can Supreme Power be divided? Who gets the Western Lands?

They answered these questions by drafting the Articles of Confederation - 1781

Articles of Confederationa “firm league of friendship”

The Articles of Confederation was formed and became the 1st official government of the U.S.

The state governments would hold supreme power in most cases granting power to the national govt. in limited situations.

Representation determined by state, not population. Therefore each state allowed was allowed ONE vote!!

Articles of Confederation

Strengths of Articles of Confederation:

-Land Ordinance of 1785- a system of surveying land

-The Northwest Land Ordinance of 1787 –provided a system of dividing western territories and set requirements for the admission of new states

P. 138

Weaknesses of Articles of Confederation

1. Weak national government2. Nat’l govt. could not tax (weak

economy)- gov’t stayed broke- could only ask the states for money

3. No executive branch to enforce laws

4. No Judicial branch to interpret laws

5. States controlled trade6. Articles could not be amended

without consent of every state7. Unfair Representation (1 state

= 1 vote)

Role of executive “The United States in Congress

assembled shall have authority … to appoint such other committees and civil officers as may be necessary for managing the general affairs of the United States under their direction -- to appoint one of their members to preside, provided that no person be allowed to serve in the office of president more than one year in any term of three years;”

Shays’s Rebellion (proves the Articles are too weak)

(pg. 140) 1786-87 Daniel Shays and a

group of 1200 angry farmers tried to revolt against the government over unfair taxes. (they were farmers who were going to lose their farms to creditors for not being able to pay the high taxes to the state)

The Rebellion showed the danger of the weak national government not having the power to stop a rebellion.

Shays’ Rebellion (1786) became a concern formany national leaders because it:(a) indicated there would be future conflicts

over the spread of slavery(b) exposed fundamental weaknesses in

government under the Articles of Confederation(c) pointed to the need for federal

government regulation of interstate commerce(d) showed that frontier settlements were vulnerable to raids by Native American

Indians

Review QuestionThe Articles of Confederation proved

ineffective as a national body of laws for which of the following reasons?

A. It gave too much power to the Congress without providing for a commander of the nation’s armed forces

B. It did not give the federal government enough power to effectively lead

C. It imposed taxes that led to a rebellion of farmers in New England

D. It prevented individual states from having their own constitutions

In response, the delegates called a meeting (in Philadelphia 1787) to amend the Articles of Confederation. At the meeting they rejected it all together and began writing the Constitution.

THE CONSTITUTION James Madison – “Father of the

Constitution.” The main disputes were:1. Over Representation (large states

vs. small states) 2. North vs. South over slavery3. Division of powers

James Madison Father of

the Constitution

Fight Over Representation

Virginia Plan (Favored large states)1. 3 Separate Branches2. Bicameral Congress (2 houses)3. **Representation based on

Population4. Congress would legislate (make

laws)5. Executive Branch (1 person)

New Jersey Plan (Favored small states)

1. Unicameral Congress (1 house)

2. **Equal Representation3. Exec. Branch with more than

one person4. Limit Congressional Power

Great Compromise- (The Connecticut Compromise)

1. Bicameral Congress – 2 houses2. Representation: Senate – Equal Representation House of Rep. – Based on the

population of the state Executive branch would consist

of one person

North vs. South over Slavery

1. Three-Fifths (3/5) Compromise – all Free people would be counted in the population and 3/5 of all other persons would be counted

2. Commerce and Slave trade – Congress regulates trade, but would not interfere with the slave trade for 20 years.

FEDERALISM

Delegates create a Federalist form of government with three branches

Federalism – power divided between national and state governments

ENUMERATED or DELEGATED POWERS

Powers granted to the National Government by the Constitution

These powers include: Control of Foreign AffairsProviding National DefenseRegulating trade between statesCoining money

RESERVED POWERSPowers kept by the state. These powers include:

Providing and supervising education

Establishing marriage lawsRegulating trade within a state

CONCURRENT OR SHARED POWERS

Both levels of government share such powers as:The right to taxRight to borrow money and pay debts

Power to establish courts

Division of Government Powers

Separation of Powers - 3 Branches of Government (each having powers the others do not)

1. Legislative Branch – Makes the laws.

2. Executive Branch – Carries out and enforces the laws.

3. Judicial Branch – Interprets the laws.

Checks and Balances – A system established by the delegates to prevent one branch from dominating the others.

Electoral College – chosen by the state - officially elects the Pres.

Checks and BalancesExamples: – President has the power of veto but

Congress can override – Supreme Court declare laws of Congress

unconstitutional -President appoints federal judges with

approval of Congress -S. Court can declare executive orders

unconstitutional -Congress can refuse judicial appointments -Senate can refuse to ratify a foreign treaty

Ratification of the Constitution Ratification – official approval (required 9 of

the 13 states) Federalists – supporters of the Constitution

(favored a strong central govt.) Examples: George Washington, James Madison,

Alexander Hamilton Anti-federalists – those that opposed the

Constitution (believed a central govt. would be too powerful and take rights away from the people) Wanted a BILL OF RIGHTS Examples: Patrick Henry, Samuel Adams, T.

Jefferson

Ratification

The Federalist Papers– a series of essays defending the Constitution

The Antifederalists also published essays demanding the Constitution include a Bill Of Rights protecting the rights of the people

The Federalists promised to add a Bill Of Rights which led to the states ratification of the Constitution

FEDERALIST ANTI-FEDERALISTS

Bill of Rights (page 166)

1st Amendment

Freedom of religion Freedom of speech Freedom of the press Freedom of assembly Right of the people to petition the

government

2nd Amendment

Right to bear arms

3rd Amendment

Quartering troops

4th Amendment

Search and seizure

5th Amendment

Rights of accused persons

6th Amendment

Right to a speedy, public trial

7th Amendment

Trial by jury in civil cases

8th Amendment

No excessive bail or fines

No cruel or unusual punishments

9th Amendment

Rights of the people

10th Amendment

Powers of states and people