Articles of Confederation

Congress was nervous about creating a strong central government – feared that it would trample their rights (just like King George did!)

Articles of Confederation – a “firm league of friendship” in which “each state retains its sovereignty, freedom, and independence”

Congress CAN: make war and peace, raise an army and a navy, print money, and set up postal system

WEAKNESSES: no direct power over citizens, no power to tax, could not enforce laws, could not regulate trade, could not be changed without consent of all 13 states

New Land Division & Development

Land Ordinance of 1785 Before, there was no orderly way of dividing up and

selling the new western land Western lands were divided into six-mile squares called

townships Each township was then divided into 36 sections of 640

acres each

The Northwest Ordinance of 1787 Divided Northwest Territory into smaller territories, each

governed by a territorial governor As soon as a territory had 5,000 free adult males, it

could elect its own legislature or law-making body When the population reached 60,000, a territory could

apply to Congress to become a state Slavery was banned in the Northwest Territory

Shay’s Rebellion & the Need for Change

Money shortage forced famers to sell their land and livestock to pay off their debts

Daniel Shays led farmers in rebellion

Marched to the national arsenal to seize weapons

Militia troops sent to Springfield to restore order

Highlighted the weaknesses of the A.O.C. - must revise!!

Call for Convention! Each state sent delegates to Philadelphia in May of 1787 to revise the Articles of Confederation

Opening the Constitutional Convention

Environment: hot, sticky, steamy, slightest move was painful

President of the Convention: George Washington

WHO? 55 delegates from 12 states (R.I. boycotted) “Well-bred, well-fed, well-read, and well-wed” Average age: 42 Oldest: Ben Franklin, 81 Extensive political experience More than 2/3 lawyers More than 1/3 owned slaves “Assembly of demi-gods”

Opening the Constitutional Convention

Father of the Constitution: James Madison Addressed the convention more than 200

times Wrote down nearly every word Took more than 600 pages of printed

notes

The Rule of Secrecy Delegates wanted to feel free to speak

their minds without causing alarm among the general public

Keep secret whatever was said in the meeting until their work was done

Shared Beliefs and Clashing Views

The delegates were committed to the ideals of the Declaration of Independence

The basic purpose of government: protect the rights of life, liberty and the

pursuit of happiness The just powers of government come from

the consent of the governed Formed a republic: a country governed by

elected representatives Debate remains: Strong national

government (king) vs. not-so-strong national government (no king)

Original Plan: Revise the Articles of Confederation

Bold Move: THROW OUT the A.O.C. and write a new constitution

Delegates = Framers (NOT farmers!!)

Issue 1: How Should States Be Represented in the New

Government?

KEY ISSUE

Where should the government’s power come from?

THE STATES?▪ OR

THE PEOPLE?

Articles of Confederation = STATES NEW Constitution = ???

▪ 2 plans were recommended…

The Virginia Plan

Strong National Government

Three branches:

Legislative Branch (Congress) = MAKE the laws.

Executive Branch = CARRY OUT the laws.

Judicial Branch (System of Courts) = APPLY and INTERPRET the laws.

The Virginia Plan

Congress made up of TWO houses: House of Representatives Senate

The number of lawmakers sent to Congress depended on POPULATION Bigger population = more

representatives

The New Jersey Plan

Government with three branches.

Legislative branch with ONE house, not two.

States have equal representation in Congress, no matter how big or small they are.

The Great Compromise

Tempers Rise small states vs. large states

Roger Sherman (from CT!) presents a compromise:

Two-House Congress House of Representatives

▪ Represents the PEOPLE▪ Number of reps based on POPULATION

Senate▪ Represents the STATES▪ Each state gets TWO senators

* Represents the people* # based on population

* Represents the states* Two senators per state

Issue 2: How Should Slaves Be Counted?

“Upon what principle shall SLAVES be computed in the representation?”

The South 9 out of 10 slaves live in the South Southerners wanted as many reps in the H.O.R. as

possible Argued that slaves should be counted the same as any

other people in determining representation

The North “Blacks are property and are used to the southward as

horses and cattle to the northward.” Slaves should be counted only as property that could be

taxed like any other property

New Thinking on Slavery

Growing division over slavery among white Americans

D.O.I. and Rev. War forced many to reexamine their views on slavery

Many southerners were uneasy about slavery, but not yet ready to abolish it South’s economy too dependent on

slave labor

Resolution: Three-Fifths Compromise

Madison proposes a compromise: Count each slave as three-fifths of a person when determining a state’s population. Congress approves, naming the idea the Three-Fifths Compromise.

Made a mockery of the statement “all men are created equal,” but it kept the convention moving forward.

The Slave Trade

North: Give Congress broad power to control trade between states and other countries.

South: Worried that Congress might try to tax southern export crops such as rice and tobacco. Didn’t want Congress to use its power over trade to outlaw the slave trade (importing slaves from Africa.)

The Slave Trade

By 1787, several states had outlawed the slave trade within their boundaries.

A majority of the convention’s delegates favored ending the slave trade completely.

South Carolina and Georgia objected that their economies would collapse without a “constant supply of fresh slaves.” Neither state would agree to any constitution

that threatened the slave trade.

The Slave Trade

Compromise:Congress would have the power to control trade, but with two limitations:

1) Congress could not place any tax on exports going to other countries

2) Congress should not interfere with the slave trade for 20 years, or until 1808

“The Fugitive Slave Clause”:▪ Escaped slaves had to be returned to their owners,

even if they were caught in a free state.

Conclusion

“Without such compromises, the states might never have come

together in a single union. Still, the compromises only postponed the

day when Americans would have to resolve the terrible contradiction

between slavery and the ideals of liberty and equality. Meanwhile, generations of African Americans

would spend their lives in bondage.”

Who will head the new government’s executive branch?

Charles Pinckney: wants “vigorous executive” Vigorous = strong, active, robust, powerful in action or

effect.

James Wilson: wants a single person to serve as chief executive

Issue 3: How Should the Chief Executive Be Elected?

How Should the Chief Executive Be Elected?

Convention’s response: WHAT!? A SINGLE EXECUTIVE!? We don’t want another King George!!

Wilson’s response: Good governments need clear, timely

and responsible leadership. This is most likely found in a single person, not a group.

One Executive or Three?

People who didn’t like Wilson’s idea:

Edmund Randolph of Virginia: preferred a three member executive drawn from different parts of the country. Three people are better than one.

Benjamin Franklin: The first guy might be good, but who knows what will come after him? The next one might be too ambitious or war-hungry.

Final Decision

ONE EXECUTIVE!!

Called “President”

Term limited to four years

Vice president needs to be elected if the president dies while still in office

Choosing the Chief Executive

So.. How do we choose?

Some ideas: Congress appoints president People elect the president A special “group of electors” from each

state elects the president

Resolution: The Electoral College

So what was decided? Who should elect the president?

NOT Congress NOT the people Instead, a “special body called the

Electoral College would elect the government’s leaders.”

The Electoral College System

Electoral College is made up of: Electors who cast votes to elect the president

and vice president every four years Each state has as many electors in the E.C. as

the number of senators and representatives it sends to Congress

Each state decides HOW to choose their electors▪ TODAY: the people choose their state’s electors when

they vote in presidential elections The electors then cast their ballots for president and vice president on a date chosen by the Congress

The candidate with the most votes became president

Political Parties and Elections

Framers’ concern: Voters don’t know enough about candidates outside their own state to choose a president wisely. Thus, we need the ELECTORS to choose.

Within a few years of the convention, political parties were nominating candidates for president and educating voters in every state about those candidates.

The Electoral College Today

In most states, the candidate who gets the most votes (even if less than a majority) gets all of that state’s ELECTORAL votes.

As a result, a candidate can win a majority in the Electoral College, without necessarily winning a majority of the votes cast across the country.

EXAMPLE: In the 2000 election, George W. Bush won the presidency over Al Gore, even though more voters nationally chose Gore. Why?? ELECTORAL VOTES.

Electing the President in Plain English

The Electoral College Today

Approving the Constitution

Questions: How many states would have to ratify

(approve) the Constitution before it could go into effect?

Should ratification require approval by all 13 states?

By the majority of 7 states?

Compromise: 9 states would need to approve in order

to ratify the Constitution.

Approving the Constitution

Questions: Who should ratify the Constitution? The people? (fountain of all power) State Legislatures? (faster and easier)

Conclusion: The Constitution would be ratified at

special conventions by delegates elected by the people in each state.

Signing the Constitution

September 17, 1787: CONSTITUTION COMPLETE!

Franklin shares his final thoughts:“I confess that I do not entirely approve of this

Constitution,” (but no convention could produce a perfect plan.) “It therefore

astonishes me to find this system approaching so near to perfect… and I think it will astonish

our enemies. I expect no better, and because I am not sure that it is not the best. Everyone

member of the convention must put his name to this instrument.”

Signing the Constitution

14 delegates left the convention before it ended

3 did not sign at all

Must most felt: “A new day was dawning for the United States.”

The Constitution Goes to the Nation

Newspapers in every state printed the Constitution as soon as they could get it.

What they found: A plan that would create a “federal”

system of government in which a strong national government shared power with the states.

Before long, the entire country was debating the same issues that had kept the convention in session for four long months.

The Federalists

Argument: The Constitution would

create a national government that was strong enough to unite the quarreling states into a single republic.

Leaders: James Madison, Alexander

Hamilton, John Jay

SUPPORTED THE CONSTITUTION

The Federalists

What They Did:

Reminded people of the weaknesses of the government under the A.O.C.

Showed how the Constitution would remedy those weakness by creating a stronger, more effective Union of the states.

Addressed the fears of many Americans that a strong government would threaten their freedom or take away their rights.

Pointed out that the powers given to the government were strictly limited and divided among three branches so that no one branch could become too powerful.

All of this was written in what are called The Federalists Papers.

The Anti-Federalists

Argument: Congress would ruin the country with taxes The president had enough power to rule like a

king Judicial branch would swallow up state courts The plan did not list the rights of the people

Leaders: Patrick Henry, Samuel Adams, Thomas

Jefferson

OPPOSED THE CONSTITUTION

Conclusion

According to Madison, the question facing the nation was:

“whether or not the Union shall or shall not be continued. There is, in my opinion, no middle ground to be

taken.”

ESSENTIAL QUESTIONS

Using your prior knowledge (everything we have learned about the Revolution, Declaration of

Independence, etc) and your Chapter 8 Notes, create an OUTLINE that will answer our two

essential questions:

1) How did conflict create the need for the Constitution?

2) What is the role of compromise in shaping the Constitution?