Confederation to Constitution

1. Confederation to Constitution Mrs. Kelleher Friday October 19, 2012

2. Schema Activator Monday: What is a confederation? Tuesday: What is more important: good for one or good for all? Support your answer with detail or examples. Friday: Name as many rights as you can that the Bill of Rights grants US Citizens.

3. K.U.D. KNOW Why the founding fathers wanted a Confederation? UNDERSTAND Why and How the Confederation was changed to the Constitution DO Take notes using graphic organizers

4. Landmark English Documents • Magna Carta (1215) = first attempt to limit the power of the monarch • Petition of Right (1628) = challenged the idea of divine right - monarch was not above the law • English Bill of Rights (1689) = protection against arbitrary rule - monarch must rule with consent of Parliament

5. IN CONGRESS, JULY 4, 1776 The unanimous Declarationof the thirteen unitedStates of America    When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government………….

6. Declaration of IndependenceJuly 4,1776 • Influenced by John Locke • Natural rights granted by God • Life, liberty, & the pursuit of happiness (property) • Equality of all men • Principle of limited government • Government by consent • Right to rebel against tyranny Thomas Jefferson Primary Author

7. Shaping a New Nation Americans adopt the Articles of Confederation. A new constitution is ratified after Federalists agree to include a Bill of Rights. James Madison, 4th president of the United States. NEXT

8. Experimenting with Confederation Drafting the Constitution Ratifying the Constitution Shaping a New Nation NEXT

9. Experimenting with Confederation Americans adopt the Articles of Confederation but find the new government too weak to solve the nation’s problems. NEXT

10. Experimenting with Confederation Americans Debate Republicanism Colonies Become States • People consider self-governing colonies basic political unit - colonists give their allegiance to colony - idea persists when colonies become states Continued . . . NEXT

11. continuedAmericans Debate Republicanism Unity Through a Republic • Colonists believe democracy gives too much power to uneducated • Prefer republic—citizens rule through elected representatives • Views of republicanism, government based on consent of people: - John Dickinson: put nation’s good above self - Adam Smith and followers: pursue own interests Continued . . . NEXT

12. continuedAmericans Debate Republicanism State Constitutions • Many states limit powers of government leaders • Guarantee specific rights to citizens; stress liberty, not equality • Only white males can vote; in some states must own property Political Precedents • Previous republican governments cannot be adapted to U.S. needs: - none balanced concerns of state and national governments • Ancient Greece, Rome, Italian city-states did not last NEXT

13. The Continental Congress Debates Representation by Population or by State? • Size, population varies; represent people or states in Congress? • Congress believes it represents states; every state gets one vote Supreme Power: Can It Be Divided? • Confederation or alliance: national government, states share powers • Articles of Confederation—laws assigning national and state powers • National government handles war, treaties, weights, measures, mail • No executive or court system was established to enforce, interpret laws Continued . . . NEXT

14. continuedThe Continental Congress Debates Western Lands: Who Gets Them? • By 1779, 12 states approve Articles of Confederation • Maryland approves when western land claims given to U.S. • Articles of Confederation go into effect March 1781 Governing the Western Lands • Land Ordinance of 1785 creates plan for surveying western lands • Northwest Ordinance of 1787—plan for creating territories, statehood NEXT

16. Land Ordinance of 1785

17. The Confederation Encounters Problems Political and Economic Problems • Confederation lacks unity; states pursue own interests • Congress amasses huge debt during Revolutionary War • Rhode Island rejects tariff on imports; foreign debt cannot be paid Borrowers Versus Lenders • Creditors favor high taxes so they will be paid back • Taxes put farmers in debt; many lose land and livestock • Debtors want large supply paper money; creditors want small supply Continued . . . NEXT

18. continuedThe Confederation Encounters Problems Foreign-Relations Problems • U.S. does not pay debts to British merchants or compensate Loyalists • In retaliation, Britain refuses to evacuate forts on Great Lakes • In 1784, Spain closes Mississippi River to American navigation • Westerners unable to ship crops east through New Orleans • Congress unable to resolve problems with foreign nations NEXT

19. Weaknesses of theArticles of Confederation • Confederate system w/one branch at the national level • Unicameral Congress - one vote per state • National Congress powerless to tax • National Congress powerless to regulate foreign & interstate trade • No executive branch to enforce acts of Congress • No national court to settle disputes between states • Amendment: ALL 13 states had to agree - unanimous • 9/13 majority to pass laws

20. Drafting the Constitution At the Philadelphia convention in 1787, delegates reject the Articles of Confederation and create a new constitution. NEXT

21. Drafting the Constitution Nationalists Strengthen the Government Shays’s Rebellion • 1786–87 armed farmers demand closing of courts to avoid losing farms • Shays’s Rebellion—state militia defeats farmers led by Daniel Shays • Many leaders fear rebellion will spread through country • George Washington calls for stronger national government Continued . . . NEXT

22. continuedNationalists Strengthen the Government Call for Convention • 5 states send delegates to meeting on interstate trade (1786) • Shays’s Rebellion leads 12 states to join Constitutional Convention • James Madison of Virginia known as “Father of the Constitution” Convention Highlights • In 1787, 55 delegates meet at Pennsylvania State House • Windows kept shut to prevent eavesdropping on discussions • Washington unanimously elected presiding officer NEXT

23. Conflict Leads to Compromise Big States Versus Small States • Delegates recognize need to strengthen central government - decide to form new government • Madison’s Virginia Plan: bicameral (two house) legislature based on population • William Paterson’s New Jersey Plan: single house, one vote per state Slavery-Related Issues • South wants slaves in population count for House, not for taxes • North wants slaves in population count for taxes, not for House Continued . . . NEXT

24. INDEPENDENCE HALL, PHILADELPHIAWhere the Constitutional Convention met in 1787.

25. Virginia and New Jersey Plans

27. The Compromise(s) continuedConflict Leads to Compromise • Roger Sherman, delegate from Connecticut, proposes Great Compromise: • Senate has equal representation, elected by state legislatures • House of Representatives, based on population, elected by people • Three-Fifths Compromise allows 3/5 of state’s slaves to be counted • Congress given power to regulate foreign trade • Cannot interfere with slave trade for 20 years

28. Creating a New Government • Division of Powers • • Federalism—division of power between national and state governments • • National government has delegated or enumerated powers (powers only for national government to address) • • Nation handles foreign affairs, defense, interstate trade, money • • Powers kept by states are called reserved powers • • States handle education, marriage laws, trade within state • • Shared powers include right to tax, borrow money, establish courts Continued . . . NEXT

29. continuedCreating a New Government Separation of Powers • Legislative branch makes laws • Executive branch carries out laws • Judicial branch interprets laws • Checks and balances prevent one branch from dominating the others • Electoral college—electors chosen by states to vote for president Creating the Constitution • Constitution can be changed through amendment process NEXT

31. Solutions provided by theU.S. Constitution • Federal System • Bicameral Congress: (Connecticut Compromise) • Senate – States are equally represented – 2 per state • House of Representatives – Based on population size • Congress given power to tax • Congress given power to regulate trade • Executive Branch to enforce laws • Judicial Branch to interpret laws & Constitution • Amendment: Proposed by 2/3 Congress • Ratified by ¾ of the state legislatures • 50%+1 to pass laws

32. Section 3 Ratifying the Constitution During the debate on the Constitution, the Federalists promise to add a bill of rights in order to get the Constitution ratified.

33. Ratifying the Constitution Federalists and Antifederalists Controversies over the Constitution • Ratification (official approval) requires support of nine states • Voters elect delegates to vote on ratification at state convention • Process bypasses state legislatures, who are likely to oppose • Federalists favor balance between state, national governments • Antifederalists oppose strong central government: - may serve interests of privileged minority - unlikely to manage a large country well - believe Constitution does not protect individual rights

34. Federalists

35. Anti-Federalist

36. continuedFederalists and Antifederalists The Opposing Forces • Urban centers Federalist; merchants, workers favor trade regulations • Small or weak states want protection of strong government • Rural areas Antifederalist; farmers fear additional taxes • Large or strong states fear loss of freedom to strong government • The Federalist—essays that defend, explain, analyze Constitution • Antifederalists read Letters from the Federal Farmer: - lists rights they want protected NEXT

37. The Bill of Rights Leads to Ratification People Demand a Bill of Rights • Antifederalists demand written guarantee of people’s rights • Federalists promise bill of rights if states ratify Constitution Ratification of the Constitution • December 1787–June 1788, nine states ratify Constitution • Federalists need support of large states Virginia and New York • After opposition and debate, Virginia and New York ratify by 1788 • The new government becomes a reality in 1789

38. Who wrote the Constitution: • 55 men • experienced in politics • men of wealth and prestige (elite) • most were formally educated • all were white • owned property • relatively young James Madison = Primary Author “Father of the Constitution”

39. THE BATTLE FOR RATIFICATIONA cartoon satirizing the debate between Federalists and Anti-Federalists in Connecticut.

40. The Constitution (1789)Ratification - approval process: Issues: Representation, tyranny of the majority, governmental power Federalists (James Madison, John Jay & Alexander Hamilton) • Representative of the people and have a measure of autonomy from the people = efficiency & competency • Feared tyranny of the majority • Favored strong national government

41. Ratification of the Constitution… Anti-Federalists (Thomas Jefferson, Robert Yates & Patrick Henry) • feared giving too much power to the national government • favored state power • feared aristocratic nature of governments • opposed the lack of a bill of rights

42. The United States of America First President • George Washington (1789-1797) • Chairman of the Constitutional Convention • chosen President by unanimous consent by the members of the Constitutional Convention • opposed political parties • established tradition of serving only two terms First Vice President • John Adams

43. Principles of the Constitution • Popular Sovereignty • Limited Government • Separation of Powers • Checks and Balances • Judicial Review • Federalism

44. Popular Sovereignty • The people are the source of political authority - (power) • Government by consent • Representative democracy (republic) • “We the People of the United States…”

45. Limited Government • Rule of law • No one is above the law - including members of the government • The government must operate within the boundaries of the Constitution

46. Separation of Powers • Division of the national government into three co-equal branches • Each branch given specific responsibilities • Legislative Branch = make laws • Executive Branch = enforce laws • Judicial Branch = interpret laws

47. Checks and Balances • System designed to prevent any branch of the national government from becoming more powerful than another branch

48. Judicial Review • The power of the courts to decide the constitutionality of laws and acts of government • Marbury v. Madison(we’ll talk about this when we learn the Bill of Rights next week)

49. Federalism • The powers of government are divided between national and state levels • Results in a dual system of government • Each level has some independent powers

50. continued The Bill of Rights Leads to Ratification Adoption of a Bill of Rights • 1791, Bill of Rights, or first ten amendments, ratified by states • First Amendment—freedom of religion, speech, press, politics • Second, Third—right to bear arms, no quartering of soldiers • Fourth through Eighth—fair treatment for persons accused of crimes • Ninth—people’s rights not limited to those mentioned in Constitution • Tenth—people, states have all rights not specifically assigned NEXT