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Chapter 7 Creating a Republic(1776-1790)

(American Nation Textbook Pages 198-219)

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Chapter SettingBenjamin Rush’s words were spoken in January 1787. It reflected many Americans feelings on the American Revolution. Rush was a respected doctor that set up the nations first free clinic.

Benjamin RushThomas Paine

He was very outspoken and earlier he convinced Thomas Paine to write his pamphlet, Common Sense.“The American war is over: but this is far from being the case with the American Revolution. On the contrary, nothing but the first act of the great drama is closed. It remains yet to establish and perfect our new government,”

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With the signing of the Declaration of Independence and the Treaty of Paris there now was a need to set up a form of government for the American people.

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On May 1776, the Continental Congress asked each colony to set up a government to protect the “lives, liberties, and properties” of its citizens.

In July, the Congress set about to set up and organize a new national government.

1. A Confederation of States

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State ConstitutionsDuring the Revolution most states wrote their own Constitutions.

A constitution is a document that sets out the laws and principles of government.

States wanted a constitution for two reasons.

1. it would spell out all the rights of all citizens. 2. It would set limits on the power of government.

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All states, except Pennsylvania had an Executive Branch.A governor was elected, who executed, or carried out the laws.

House of Representatives

Colonists were concerned about putting too much power in the hands of a few people.

To avoid this they divided the powers of government between an executive and the legislative branch.

Every state had a legislature that passed laws. The voters elected these lawmakers.

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Virginia further limited the power of government by including a Bill of Rights in its constitution.

A Bill of Rights lists freedoms that the government promises to protect.

The Bill of Rights protected the rights of religion and freedom of the press. Other states soon followed Virginia’s examples and created their own Bill of Rights.

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The state constitutions also expanded the right to vote. Now under most state constitutions you could vote if you were a white male over the age of 21.

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Susan B. Anthony and Elizabeth Cady Stanton

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Although the states have formed 13 separate governments, the Continental Congress drafted a plan for the nation as a whole.

In order for America to be successful all of the states must be united by a national government.

Articles of Confederation

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Writing a constitution that all the states would approve was difficult.

The states were unwilling to turn over their power to

a national government.

After many debates, the Continental Congress completed the first American Constitution, The Articles of Confederation drafted in 1777

Form of Government1.Instead of 3 branches of government the

Articles had just 1 branch. 2.A 1 house legislature called Congress3.There was no Executive Branch and no

National Court.4.Within the Congress ALL states would

have just 1 vote.

Limited GovernmentThe frames of the Articles kept in mind

their complaints against England and the new states did not want to risk giving too much power to a central government.

Under the Articles the power remained in the hands of the States.

Congress Could...1. Send delegates to a congress to vote on

proposals and laws

1. Had the right to declare war, appoint

military officers, and create and

control coin money and run a postal

service.

1. Pass the laws, but at least 9 of the 13

states had to approve of the law before it

can pass.

Congress could NOT..

• Congress could NOT pass taxes, the states

had control over taxes• Could NOT enforce the laws, only the

states could.

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The first dispute over the Articles of the Confederation arose over land.

All the states ratified the Articles with the exception of Maryland. Maryland would not ratify the Articles unless ALL states gave up their claims to the western lands.

They disputed the land was between the Appalachian Mountains and the Mississippi River. Virginia and some other states claimed all the land to the West.

One state at a time each state gave up their claims to the western

lands and Maryland finally ratified the Articles.

1. Land

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A farsighted Policy for Western Lands

Settlers in the western lands posed still another problem and the new Congress had to devise a system for land settlement and sales in the western lands.

The Articles of the Confederation said nothing about admitting new states to the United States.

Congress saw a great need for a local government in the western lands or Northwest Territory as thousands of settlers moved there.

To meet this need Congress passed two laws.

Geography and History

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Five states were carved out of the Northwest Territory. The new states were Ohio, Indiana, Illinois, Michigan and Wisconsin.

Land Ordinance of 1785

Northwest Ordinance

A. Land Ordinance of 1785- this law set up a system for settling the Northwest Territory. The law called for the territory to be divided into sections or townships 6 miles on each side with each acre selling for $1.00.

B. Northwest Ordinance- This law set up the government of the Northwest Territory. This law also outlawed slavery in these lands. When the population in a territory or section reached 5,000 free adult males they could elect a legislature and when it hit 60,000 free settlers they can apply to the United States to become a state.

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By 1783, the United States had won their independence. The new nation faced many problems.

From 1783 to 1787, the Americans had reason to doubt whether their country would survive.

2. MONEYThe biggest problem that the states faced was money. It had no way to pay its debts or run a government because it could not TAX its citizens.

As a result of borrowing during the Revolution, the United States owed millions of dollars.

Under the Articles of Confederation,Congress had to ask for money to repay these debts. However, the states had the right to turn down the requests of Congress.

Serious Problems with the Articles of Confederation

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During the Revolution the Continental Congress solved their problems by printing paper money.

This paper money was called Continental dollars.

Without gold or silver to back up the paper money, the paper money retained little or no value.

As the Continental dollars became worthless the states printed up their own paper money.

The problem with this was that most states refused to accept money from another state. This made trade between states difficult.

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After the Revolution, the nation suffered an economic depression.

An economic depression is a period when business activity slows, prices and wages fall, and unemployment rises.

The depression hit the farmers hard. During the Revolution the demand for farm products was high.

The farmers were eager to produce more food.

They borrowed money to buy more land, seed and animals. As the soldiers returned to their homes the demand for farm goods fell.

Many farmers could not repay their loans. The banks and courts seized the farms of the people that did not repay their loans.

3. A Farmers Revolt

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In 1786 the unhappy farmers started a rebellion.

They were determined to save their debt-ridden farms.

Daniel Shays, an unhappy farmer gathered a force of 2,000 farmers and led them in a rebellion attacking court houses and preventing the sale of their property for payment of debts.

When they tried to raid a warehouse full of rifles and Gunpowder the Massachusetts army drove them off.

This uprising was calledShays' Rebellion.

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George Washington spoke out on behalf of the farmers.

He felt that the Articles of Confederation had to be changed to help meet the needs of the farmers during this crisis. Only a STRONG central government could protect against social rebellion

In May 1787 the leaders of several states met to discuss revising (changing) the Articles of Confederation.

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The convention to change the Articles of Confederation was called the Constitutional Convention and was held in Philadelphia.

Among the delegates to the convention was 36-year-old James Madison.

James Madison was the youngest and most prepared man at the Constitutional Convention.

Madison kept a full and clear record of the proceedings.

Benjamin Franklin, at age 81, was the oldest man at the convention.

In the summer of 1787, the framers of the Constitution would create a strong and enduring government.

Chapter 7 Section 2: A Grand Convention

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Soon after the meetings began the delegates decided to do more than revise the Articles of Confederation.

They decided to instead write a brand new constitution for the nation.

Many delegates disagreed what form this government should take.

Edmund Randolph and James Madison, both from Virginia, made proposed the Virginia Plan.

The plan called for a strong national government with three branches.

James Madison

Edmund Randolph

1. Branches Of Government

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• The Judicial Branch or system of courts would decided if the laws are being carried out fairly.

• The Legislative Branch of government would pass the laws.

• The Executive Branch of government would carry out the laws.

Click to visit a computer activity on the three branches of government created by Mr.

Zindman

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The Virginia Plan also called for a two-house legislature.

Seats to each house will be awarded based on population.

Under the Articles of the Confederation, each state had the same number of representatives regardless of the population.

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Many small states objected strongly to the Virginia Plan.

Large states could easily outvote small states.

After two weeks of debate, William Patterson, of New Jersey , presented a new plan called the New Jersey Plan.

New Jersey PlanA. the legislature would only have one house. A) Each state, no matter the size of the population, would have only

one vote in the legislature.

The two sides were deadlocked.

William Patterson and Roger Sherman

The Great Compromise

A delegate named Roger Sherman, of Connecticut, worked out a compromise between the large and small states.

A compromise is a settlement in which both sides agrees to give up some of its demands.

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A) The Upper House was known as the Senate and would have two senators per state no matter what the size of the state. (NJ Plan)

On July 16th the delegates approved the plan. It became known as The Great Compromise.

The Senate

House of Representatives

Sherman’s Great Compromise (Connecticut Plan)A) Legislature with a lower and upper house. B) The Lower House was known as the House of Representatives

and would have representatives based on that state’s population. (Virginia Plan)

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2. SLAVERYSoutherners wanted to include slaves in the population count so that they would have more representatives in the House, butthey did not want to let them vote.

If the slaves were counted the South would have a majority of representatives.

Northerners protested, they said if they could not vote they could not be counted.

They did not want the South to have a majority of the representatives.

3/5ths Compromise Once again the delegates

compromised.

They agreed that three fifths of the slaves would be counted towards population for Representatives in the House.

In other words, if a state had 5,000 slaves, 3,000 of them would be counted in the state’s population.

This was called the Three-Fifths Compromise.

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By 1787, some northern states banned the slave trade within their borders.

They wanted the new Congress to ban the slave trade in the entire nation.

Southerners warned that if the slave trade was banned it would ruin the southern economy.

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The Slave Trade

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The two sides compromised.

They said:

A. Ships would be allowed to bring slaves into the country for 20 years.

B. After 1808 Congress could bar the importation of slaves.

C. Northerners agreed that no state could stop a fugitive slave from being returned to an owner who claimed him/her.

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Finally, on September 17, 1787, the Constitution was ready.

The delegates one by one signed the Constitution.

In just a few months, they had set up the framework for a lasting government for our country.

At the end of the Convention, a Republic was set up.

A republic is a nation in which voters elect representatives to govern them.

Benjamin Franklin said, “It is now up to the people of the United States to make their own new government work.”

Signing the Constitution

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Many ideas from the Constitution were inspired from other sources.

Ideas that Shaped the Constitution

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• Ideas from Europe- Ideas limiting the power of a ruler came from the Magna Carta in England.

• The League of the Iroquois-early American leaders was inspired by the Iroquois system of government. The League of the Iroquois was a model for unity. The Indian nations governed separately but joined in unity in their defense.

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• Montesquieu- In 1748 Montesquieu published The Spirit of the Laws. In it he said that the power of government should be divided among three branches: legislative, executive and judicial. This was designed to keep any person or group from gaining too much power. This idea became known as the separation of powers.

Montesquieu also said that the powers of government should be clearly defined.

John LockeMontesquieu

• John Locke- In 1690, John Locke published Two treaties of Government. He stated in this work that all people had the natural rights to life liberty and property.

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Under the old Articles of Confederation, the states had more power than Congress.

With the new Constitution, the states gave up some of their power to the national government. Federalism IS the division of power between the states and national government is called .

A Federal System

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• Under the Constitution, states have the power to regulate trade between their borders. The states decide who can vote in elections. The states have the power to establish schools and local governments.

Under the Federal system the following rules of power apply:

• The Constitution spells out the powers of the Federal Government. For example, the Federal Government can coin money or declare war.

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At home in the town squares, Americans discussed the Constitution.

Many people supported it. Many others did not.

he convention was over. Now the states had to decide whether or not to ratify (approve) this new frame of government.

Ratifying the Constitution

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The Constitution was sent to George Washington for his examination.

He called upon Congress to support the plan.

In order for the document to be ratified (or accepted) nine of the thirteen states had to agree with it.

People that supported the Constitution were called Federalists. (Led by Alexander Hamilton)The people who opposed the Constitution were called Antifederalists. (Led by James Madison)

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The Antifederalists were against the Constitution because it did not have a Bill of Rights.

The Bill of Rights would spell out the basic freedoms (or rights) for all of the American people.

The states then held a vote and one by one, the states voted to ratify the Constitution. In June 1788, New Hampshire became the ninth state to ratify the Constitution.

Now the new government could go into affect. By 1790, the last state of Rhode Island approved the Constitution.

Americans then voted in George Washington as the first President. John Adams was elected the first Vice-President. New York City became the nation’s first Capital.

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The first Congress quickly turned its attention to adding the Bill of Rights.

They also set up a way to amend, or change the Constitution.

They wanted the Constitution to change as the times changed.

Adding a Bill of Rights

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Many of the powers between the government and states are shared. For example, both governments can build roads or raise taxes.

The Constitution is the “final law of the land.” In a dispute between the state and Federal Government, the Federal Government has the final authority.

THE PREAMBLE (Why?)

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Articles and Amendments

Articles: The Articles of the Constitution set up the government (There are 7 Articles in the Constitution)

Amendments: The Amendments are the first laws protecting our natural rights, that must be followed by all of the states. (There are currently 27 Amendments)

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ARTICLE 1. The Legislative Branch- Congress is the legislative branch of government. It is made up of the House of Representatives and the Senate.

The main function of the legislative branch is to make laws. The legislative branch has the power to collect taxes and the power to regulate foreign and interstate trade.

In foreign affairs Congress has the power to declare war and to “raise and support armies.”

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Separation of PowersThe Constitution set up three branches of government. They defined the powers of each branch. Here is the power each branch is assigned:

1) The Congress is the lawmaking group of the national government.

 2) Congress has 535 members. It meets in the Capital Building in Washington, D.C.

 3) The Congress has two houses the Senate

and the House of Representatives. It is a bicameral or two-house legislature.

 

Legislative Branch

House of Representatives  

4) The House of Representatives has 435 members. 5) The number of representatives each state has is determined by the population. 6) A Representative must be 25 years old, have been a citizen for 7 years and a legal resident of the state from which he/she is elected. 

7) A Representative's term is for 2 years. There is no limit on the number of terms. 8) A Representative gets his/her job by being elected by the people of his /her district. 9) A census is a count of the people in the U.S. 

Senate 

10) There are 100 Senators. That means each states has an equal number or 2 Senators. 11) A Senator must be 30 years old, have been a citizen

for 9 years and a legal resident of the state he/she represents.

 12) A Senator's term is 6 years. Every two years

one-third of the Senators are elected. 13) The 17th amendment states Senators will be chosen

by the voters of the state. 

Organization of Congress

I4) In Congress the political party with the most members is called the majority party. The

party with the least members is the minority party. 15) The Speaker of the House is the presiding

officer of the House of Representatives

16) The Vice-President is presiding officer of the Senate. When presiding he is called the President of the Senate. His job is

to vote in case of a tie.  17) When the Vice-President (President of the Senate) is absent, the Senate is run by the

president pro tempore. 

Impeachment Process  

18) Impeach means to bring charges against someone. 19) The impeachment process is begun by the House Judiciary Committee. 

20) The jury at an impeachment trial is the Senate.

 21) The judge at an impeachment trial is the Chief Justice of the Supreme Court.

 22) If a person is found guilty he/she is removed from office.

  

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ARTICLE 2. The Executive Branch- The Executive Branch is headed by the President.

The Executive Branch also includes the Vice-President and any advisors appointed by the President.

The President is responsible for carrying out all the laws passed by Congress.

The President is also the commander and chief of the armed forces and is responsible for all foreign relations.

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EXECUTIVE BRANCH

ARTICLE TWO OF THE CONSTITUTION 1. The main duty of the executive branch is to ENFORCE the laws 2. The key people in the executive branch are the PRESIDENT, and the VICE-PRESIDENT. They are assisted by advisors known as the CABINET. 3. The President lives and works in the ___________________________________ 4. The President today is _______________________________________

The Vice President today is ___________________________________ 

5. The President is elected by the CITIZENS THROUGH

THE ELECTORAL COLLEGE .What is the Electoral College?

Delegates wanted to be sure that the President would not become too strong. Delegates also wanted to know how a voter would get to know a candidate if they lived far away. To solve these problems, delegates set up the Electoral College. The Electoral College would be made up of electors from every state.

When we vote for a candidate,we are actually choosing electors who support that candidate. Each state gets its number of Representatives + 2.

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The electors belong to the Electoral College, which is actually a group of people named to perform the duty of choosing a president. As each candidate wins the majority of votes in each state they win that states ELECTORAL votes.

A candidate must get a majority of the 538 electoral votes to be elected. Needed to: 270.

Electing a President

What if no one gets a majority?

The House of Representatives selects the President from the three candidates getting the most electoral votes.

There have been more than 500 attempts by Congress to abolish or remodel the Electoral College.

However, we still use the same system today that was used to elect George Washington over two hundred years ago.

6. A President must be 35 years old, be a NATURAL BORN citizen and be a resident of the United States for 14 years.

 

7. The President's term is 4 years.

 

8. The 22nd Amendment limits a President to 2 terms.

Removal by Impeachment 

9. To bring a charge against someone is to IMPEACH him/her. 10. The decision to impeach a President is made by the JUDICIARY COMMITTEE. 11. A TWO-THIRDS vote of the SENATE is required for the President to be convicted. If he/she is convicted, he/she is removed from office. 12.Three Presidents in danger of being impeached and convicted were ANDREW JOHNSON, RICHARD NIXON and BILL CLINTON.

Special Powers of the President 

13. The President can appoint AMBASSADORS, FEDERAL COURT JUDGES, SUPREME COURT JUDGES and CHIEF JUSTICE OF THE SUPREME COURT with SENATE approval.

 14. The President's advisors are called the CABINET. Three of the

people in this group are SECRETARY OF STATE, SECRETARY OF DEFENSE AND THE ATTORNEY GENERAL.

 15. The President can convene (call together) CONGRESS. Each

year the President does this to give his/her STATE OF THE UNION ADDRESS .

16. The President can make TREATIES with foreign countries. The SENATE has to approve them: 17. The President has the power to PASS or VETO a bill. 18. The President has the power to PARDON (erase crimes) of those convicted of crimes.  

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3.The Judicial Branch- Article 3 of the Constitution calls for a Supreme Court and other federal courts. These courts hear cases that involve the Constitution and any laws passed by Congress. They also hear cases arising between two or more states.

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The Judicial Branch is discussed in Article 3 of the Constitution.

The main duty of the Judicial Branch is to interpret the laws:

There are a total of 3 levels in the federal court system.

The levels of the federal court system are the District Courts, Court of Appeals and the Supreme Court.

There are a total of 9 Justices on the Supreme Court. The Supreme Court's presiding officer is called the Chief Justice.

Judicial Branch

The Justices are appointed by the President and must be confirmed by the Senate.

The term of office for a Supreme Court Justice is for life on good behavior.

The Supreme Court has many powers. The main power of the Supreme Court is judicial review, which is the power to declare laws unconstitutional (illegal).

Judicial Branch

The Court was given this power when it heard the case of Marbury vs Madison.

Usually, a case will be heard in the Supreme Court when the U.S. Constitution has been violated.

The Supreme Court is the highest court in the U.S.

In order for a case to be won a majority of the Justices, which is 5, need to vote in one side's favor.

Once a case has been decided by the Supreme Court, it cannot be appealed to a higher level. A Supreme Court ruling is the law of the land.

The main courts are:

•Highest: Supreme Court

•Middle: Courts of Appeals

•Lowest: District Courts

Special powers of the Supreme Court are:

1.To review and reverse decisions of lower courts.

2. To declare laws unconstitutional

3.To declare an action of the president unconstitutional

The main duties are:

•Supreme Court: To decide if laws are unconstitutional

•Court of Appeals: To rehear cases from lower courts

3. District Courts:

To decide cases involving federal laws

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The Constitution set up a system of checks and balances. Under this system, each branch of the government has some way to check, or control the two other branches. This is also another way that the Constitution limits the power of government.

A System of Checks and Balances

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• Congress can then check the President by overriding, or overruling, the president’s veto.

Checks on Congress

• The President can check the power of Congress by vetoing, or rejecting a proposed law (or bill.)

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• Congress has the power to remove a

president from office if they find the President guilty of a crime. When a President is charged with a crime or misbehavior it is called an impeachment.

2. Checks on the President

• The President has the power to appoint officials in our government. However, the Senate must approve his appointments.

• The President can approve a treaty from another nation, but the Senate must approve it by a two-thirds majority vote.

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• If a judge misbehaves Congress can remove them from office.

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3. Checks on the Courts

• The President and Congress have checks on the courts. The President appoints the judges in the courts but the Senate must approve them.

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This document has been working for more than 200 years, longer than any other Constitution in the world. This Constitution has lasted because it is a living document.

Click on the picture to learn more.The original document can be seen at the National Archives in

Washington, D.C.

A Living Document

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•To start the amendment process, an amendment must be proposed. This can be done in two ways. Two thirds of both houses of Congress can vote to propose an amendment. Or two thirds of the states can request special conventions to propose the amendments.

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The Amendment Process

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• In more than 200 years since the adoption of the Constitution, only 27 amendments have been approved. Ten of these were added in the first years of the Constitution.

19th Amendment:

Woman’s Suffrage

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• Next the amendment must be ratified (or accepted.) Three fourths of the states must vote for the amendment before it becomes part of the Constitution.

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The first ten amendments to be approved were called the Bill of Rights. The Bill of Rights assures that the government does not take away the peoples basic rights. Here are some of the first few Amendments:

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•Amendment 5-8 protects citizens accused of crimes and brought to trial. Every citizen has the right to due process. Due process means the government must follow the same fair rules in all cases brought to trial. Among these rules are the right to trial by jury, the right to being defended by a lawyer, and the right to a speedy trial.

•Amendment 1 guarantees freedom of religion, freedom of speech, freedom of press, freedom of petition and freedom of assembly.

•Amendment 2 and Amendment 3 prevents Congress from forcing citizens to quarter, or house troops in their homes.

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