Origins of the Constitution

1. Origins of the Constitution

2. Introduction • Articles of Confederation • Treaty of Paris • Accomplishments • Problems • Constitutional Convention • Who? • Representation/Congress • Slavery • Separations of Powers and Checks/Balances • Ratification • Bill of Rights • Conclusion • Key Terms • Northwest Ordinance • Ordinance of 1787 • Shay’s Rebellion • George Washington • James Madison • Ben Franklin • Virginia Plan • Great Compromise • 3/5 Compromise

3. Themes • The first Constitution’s achievements and problems • The Constitutional Convention (1787) • Separation of Powers/Checks and Balances

4. Bellwork • If you were to create a government from scratch: • What laws would you create? • How would you organize the government? • What protections would you guarantee the people?

5. Original 13 States and Territories

6. Treaty of Paris (1783) • Chief American negotiator: • Ben Franklin • John Adams • John Jay

7. Treaty of Paris (1783) • British recognized independence of U.S. • U.S. territory extended from Florida to the Great Lakes and Mississippi River • Guaranteed payment of debt between citizens of each nation • Restored rights and property of Loyalists (ignored)

8. Treaty of Paris (1783) • The losers of the treaty • Loyalists • Native Americans

9. Introduction • Articles of Confederation • Treaty of Paris • Accomplishments • Problems • Constitutional Convention • Who? • Representation/Congress • Slavery • Separations of Powers and Checks/Balances • Ratification • Bill of Rights • Conclusion • Key Terms • Northwest Ordinance • Ordinance of 1787 • Shay’s Rebellion • George Washington • James Madison • Ben Franklin • Virginia Plan • Great Compromise • 3/5 Compromise

10. Articles of Confederation • Created a national legislature • Unanimous support was required to pass major pieces of legislation • National government had no power to levy taxes • Key Philosophy = State’s rights

11. Articles of Confederation – Legislation • Northwest Ordinance (1787) • Process by which new states could join the Union • When population reached 5,000 (White Males)one rep in Congress • Territories need 60,000 pop. To apply for statehood • Rights in territories • Freedom of religion • Trial by jury were protected • slavery was prohibited

12. Articles of Confederation (Problems) • Each state had one vote (regardless of population); • Equal Representation: Each state has an equal number of votes in the national legislature (Congress) • Unanimous support was needed to pass major pieces of legislation

13. One State/ One Vote • Virginia = 750,000 • Delaware = 60,000

14. Articles of Confederation (Problems) • Each state had one vote (regardless of population); • Unanimous support was needed to pass major pieces of legislation’ • Each state had the power to negotiate treaties • Each state had the ability to print its own money Result: U.S. =13 semi sovereign nations

15. Articles of Confederation (Problems) • Shay’s Rebellion • Farmers in Massachusetts faced economic hardships • Daniel Shays led an “army” of 2,000 angry men • The rebellion was crushed • Impact: Demonstrated the weakness of the national government to act during an emergency

16. Check Up!Symptoms of a Failed Government Match the crisis to the quote. Shay’s Rebellion: Rebellion in Massachusetts. Mob destroyed property. States ignored laws Great Britain kept troops in the U.S. National Gov. was too weak “(I) insist that the United States be put… into possession of all the posts and territories within their limits, which are now held by British garrisons.” -John Jay to the British Government “Let us have a government by which our lives, liberties, and properties will be secured, or let us (abolish it).” -George Washington concerning Shay’s Rebellion “The powers of Congress are (unable) to preserve the balance between the respective States, and (make)them to do those things which are essential for their own welfare or for the general good.” -Henry Knox “…In obedience to the direction… of this State, I enclose their unanimous resolution [to reject] the recommendation of Congress, respecting (a tax) on imported goods…” -Letter from Rhode Island to Congress

17. Symptoms of a Failed Government 1. Shay’s Rebellion • Gov. couldn’t protect Life, Lib., Property “Let us have a government by which our lives, liberties, and properties will be secured, or let us (abolish it).” -George Washington concerning Shay’s Rebellion

18. Symptoms of a Failed Government 2. States ignored laws “…In obedience to the direction… of this State, I enclose their unanimous resolution [to reject] the recommendation of Congress, respecting (a tax) on imported goods…” -Letter from Rhode Island to Congress

19. Symptoms of a Failed Government 3. Great Britain kept troops in the U.S. “(I) insist that the United States be put… into possession of all the posts and territories within their limits, which are now held by British garrisons.” -John Jay to the British Government

20. Symptoms of a Failed Government 4. National Gov. was too weak “The powers of Congress are (unable) to preserve the balance between the respective States, and (make)them to do those things which are essential for their own welfare or for the general good.” -Henry Knox

21. Source – Shay’s Rebellion • "You talk, my good sir, of employing influence to appease the present tumults in Massachusetts. I know not where that influence is to be found, or, if attainable, that it would be a proper remedy for the disorders. Influence is not government. Let us have a government by which our lives, liberties, and properties will be secured, or let us know the worst at once.“ • George Washington to Henry Leeconcerning Shay’s Rebellion

22. Source – Articles of Confederation Articles of Confederation “ARTICLE II. EACH State retains its sovereignty, freedom and independence, and every power, jurisdiction and right, which is not by this confederation expressly delegated to the United States, in Congress assembled. ARTICLE III. THE said States hereby severally enter into a firm league of friendship with each other, for their common defense... against all force offered to, or attacks made upon them... whatever. ARTICLE IX. THE United States in Congress assembled, shall have the sole and exclusive right and power of determining on peace and war..., of sending and receiving ambassadors — entering into treaties and alliances.... THE United States in Congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting or that hereafter may arise between two or more States concerning boundary, jurisdiction or any other cause whatever.... THE United States in Congress assembled shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective States — fixing the standard of weights and measures throughout the United States — regulating the trade and managing all affairs with the Indians, not members of any of the States, provided that the legislative right of any State within its own limits be not infringed or violated — establishing and regulating post offices from one State to another, throughout all the United States, and exacting such postage on the papers passing throw the same as may be requisite to defray the expenses of the said office — appointing all officers of the land forces, in the service of the United States, excepting regimental officers—appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the United States — making rules for the government and regulation of the said land and naval forces, and directing their operations. ARTICLE X. THE committee of the States, or any nine of them, shall be authorized to execute, in the recess of Congress, such of the powers of Congress as the United States in Congress assembled, by the consent of nine States, shall from time to time think expedient to vest them with.... ...Know ye that we the undersigned delegates, by virtue of the power and authority to us given for that purpose, do by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said articles of confederation and perpetual union... And that the articles thereof shall be inviolably observed by the States we respectively represent, and that the Union shall be perpetual. Articles Of Confederation, 15 November 1777.

23. Source - State Sovereignty • Source: Letter from the Rhode Island Assembly to Congress (November 30,1782)- "Sir: In obedience to the direction of the lower, house of assembly of this State, I enclose their unanimous resolution [to reject] the recommendation of Congress, respecting an impost on imported goods, &c. and to state some of [their] principal reasons. . . . "1st. Because it would be unequal in its operation, bearing hardest on the most commercial states, and so would press peculiarly hard upon this State, which draws its chief support from commerce: "2dly. Because it proposes to introduce into this and the other states, officers unknown and unaccount' able to them, and so is against the constitution of this State: and "3dly. Because, by granting to Congress a power to collect moneys from the commerce of these states, indefinitely as to time and quantity, and for the expenditure of which they are not to be accountable to the states, they would become independent of their constituents; and so the proposed impost is repugnanttothe liberty of the United States."

24. Source - Debt • Source: Letter from Delegate Joseph Jones of Virginia to George Washington (February 27,1783) • "One ground of discontent in the army, and on which they found the opinion that justice is not intended to be done to them, is the delay in complying with their requests [for bonus and back pay]. But with those acquainted with the deliberations of public bodies, and especially of so mixed a body as that of Congress, allowances will be made for slow determination. Every class of public creditors must know the inability of Congress to pay their demands, unless furnished with the means by the several States, and the exertions of that body have not been [lacking] heretofore to obtain the means. . . ."

25. Source – National Sovereignty "You will in a respectful but firm manner insist that the United States be put, without further delay, into possession of all the posts and territories within their limits, which are now held by British garrisons. And you will take the earliest opportunity of transmitting the answer you may receive to this requisition. . . . "You will represent to the British Ministry the strong and necessary tendency of their restrictions on our trade to incapacitate our merchants in a certain degree to make remittances to their's. . . . • John Jay’s Instructions to the U.S. minister to Great Britain

26. Source – Future of the Nation “I have lately been far eastward of Boston on private business, and was no sooner returned here than the commotions in Massachusetts [Shay’s Rebellion] hurried me back to Boston on a public account. Our political machine, composed of thirteen independent sovereignties, have been perpetually operating against each other and against the federal head since the peace (end of the Revolution). The powers of Congress are totally inadequate to preserve the balance between the respective States, and oblige them to do those things which are essential for their own welfare or for the general good. The frame of mind of the local legislatures seems to be exerted to prevent the federal constitution from having any good effect. The machine works inversely to the public good in all its parts: not only is State against State, and all against the federal head, but the States within themselves (do not possess). . . . the power of preserving the peace, (or) the protection of the liberty and property of the citizens. . . . This dreadful situation, for which our government have made no adequate provision, has alarmed every man of principle and property in New England. They start as from a dream, and ask what can have been the cause of our delusion? What is to give us security against the violence of lawless men? Our government must be braced, changed, or altered to secure our lives and property. . . . . . . . Something is wanting, and something must be done, or we shall be involved in all the horror of failure, and civil war without a prospect of its termination. Every friend to the liberty of his country is bound to reflect, and step forward to prevent the dreadful consequences which shall result from a government of events. Unless this is done, we shall be liable to be ruled by an arbitrary and capricious armed tyranny, whose word and will must be law.” Henry Knox to George Washington, 1786.

28. Assertion: : Conclusion:

29. What do these documents reveal about the failures of the Articles of Confederation.

30. Assertion: Conclusion:

31. Check Up! • On a 3x5 card answer the following questions: • What document created a national government during the revolution? • List three criticisms of the Articles of Confederation.

32. Check Up! • On a 3x5 card answer the following questions: • What document created a national government during the revolution? • List three criticisms of the Articles of Confederation. • Respond the following prompt in ARE format: • A: The Articles of Confederation were a failure because… • R: • E:

33. Bellwork • Create a list of the powers possessed by the three branches of the government: • Legislative • Executive • Judicial

34. Constitutional Convention (Philadelphia, 1787) • Included 55 delegates from all states except Rhode Island • George Washington: Led the proceedings • Ben Franklin: Key diplomat from Philadelphia • James Madison: Main architect of the Constitution • Who was not there • Thomas Jefferson • John Addams

35. Purpose of convention • Meeting was originally called to address the failures of the Articles of Confederation • They instead decided to write an all new constitution

36. Check Up! • Set up a T-Chart in your notes as follows. Complete each section as we move through the lecture

37. Virginia Plan • Eliminate the Articles of Confederation • Separate the gov. into three branches • Legislative • Executive • Judicial • Representation in Leg. would be based on Proportional Representation • Each state would be represented based on their population (larger states would have more votes)

38. New Jersey Plan • Keep the Articles of Confederation • Single house in Congress • Equal representation: Each state would be represented with an equal number of members/votes • Powers of Congress • Collect Taxes • Regulate Trade

39. Check Up! • Think, Pair, Share • Which states do you think would support proportional representation? • Which states do you think would support equal representation? • Which do you support?

40. Great Compromise – Connecticut Compromise • Separate the Leg Branch into two branches • Senate: Each state would have 2 senators • House of Representatives: Based on population

41. Compromise - Slavery • Background • Should slaves be counted when determining a state’s population? • The 3/5 Compromise • One slave was equal to 3/5 of a person when determining a state’s population

42. Compromise - Slavery • Fugitive Slave Law: allowed for return of runaway slaves • Slave Trade Ban: Congress could not outlaw African Slave Trade until 1808

43. Introduction • Articles of Confederation • Treaty of Paris • Accomplishments • Problems • Constitutional Convention • Who? • Representation/Congress • Slavery • Separations of Powers and Checks/Balances • Ratification • Bill of Rights • Conclusion • Key Terms • Northwest Ordinance • Ordinance of 1787 • Shay’s Rebellion • George Washington • James Madison • Ben Franklin • Virginia Plan • Great Compromise • 3/5 Compromise

44. Constitutional System • Federalism • Checks and Balances • Separation of Powers

45. Federalism: Division of Power Between National and State Governments Source

46. Checks and Balances

47. Checks and Balances and Separation of Powers

48. Articles of Confederation U.S. Constitution

49. Separations of Powers and Checks and Balances

50. Separations of Powers and Checks and Balances