A New Plan for a New Nation

1. A New Plan for a New Nation The Constitution of the United States Mrs. Hillyard U.S. History

2. Call to Action in Philadelphia in 1787 • Spring 1787 delegates gather in Philadelphia to solve the problems created by the weak Articles of Confederation • Southern plantations wrecked in war caused rice exports to drop sharply • Currency was in short supply • War debts were consuming what little currency was available • Farmers could not sell their crops or livestock and had them seized to satisfy debts or they were thrown in jail. • Farmers saw the new government as just another form of tyranny

3. SHAY’S REBELLION • Led by Massachussetts farmer Daniel Shay, farmers forced courts to close so they could not seize farmlands and then took 1000 farmers to Springfield,MA to seize arms and ammunition to take what they needed by force • State militia met them and warned them to turn back but they refused • Militia fired over the farmers’ heads failing to stop them. • The militia continued to fire until four farmers were killed and the remaining farmers ran away

4. Rebellion forces Constitutional Convention • Washington became concerned man was “…unfit for their own government” • Jefferson, minister to France, said “A little rebellion now and then is a good thing.” • Something had to be done. Americans were worried that the current government could not control unrest after Shay’s Rebellion

5. Slavery vs. Liberty • Between 1776 and 1786 11 states, all but GA and SC, outlawed slavery or heavily taxed the import of new slaves • Quakers in PA began first abolitionist movement to end slavery in 1774 • Between 1783 and 1804 CT, RI, NY and NJ outlawed slavery • Free African-Americans in north still faced discrimination • Liberty and freedom only applied to Anglo Americans • States south of PA clung tightly to slavery upon which their economy and society was built.

6. COME TO PHILDELPHIA!!!!!!!!!!!!!!!!!! • James Madison (VA planter) and Alexander Hamilton (NY lawyer) called for a convention in 1786 to reform Articles of Confederation • George Washington was not to excited about doing this until after Shay’s Rebellion • With Washington’s predence and prestige, the meeting took on greater meaning and significance • May 1787 55 delegates met in the Pennsylvania state house now known as Independence Hall in Philadelphia,PA

7. THE FOUNDERS • Three delegates were less than 30 years old • One (Franklin) was 80 years old • 26 out of the 55 had college degress (1/1000 of population had a college degree) • All Anglo-Americans. No Native-Americans, African-Americans or Women were invited to attend • George Washington and Ben Franklin’s presence commanded respect and dignity of convention

8. WHO WERE THESE 55 MEN? • James Wilson read and Franklin’s speeches and helped with details of the Constitution • Gouverneur Morris wrote the final draft of the Constitution • Edmund Randolph and James Madison of VA strongly supported a strong national government. • Madison’s careful notes are the source for how this incredible document came into being earning him the nickname “Father of the Constitution” • George Washington unanimously chosen President of the Convention

9. Ground Rules for Reform • No meeting could take place unless 7 of the 13 states had delegates present • Meetings were held behind closed doors to keep meeting secret • Allowed men to speak freely about fixing our ailing government

10. VIRGINIA PLAN • Edmund Randolph shocked the meeting by opening with a proposal for a two-house legislature, a chief executive and a court system. • Members of lower house elected by the people • Members of upper house chosen by the people • Number of seats for state in both houses based on population of each state • Larger population meant more representation • Delaware, NJ and other small states objected right away • Small states preferred “one state, one vote” system of Articles of Confederaton

11. NEW JERSEY PLAN • William Patterson of NJ devised the NJ Plan kept current one house legislature with one vote for each state to keep representation equal • Congress could set taxes and regulate trade (not allowed under Articles) • Patterson’s plan wanted nothing to do with watering down smaller states representation in government • Chief aim was to amend (change) the Articles not abolish and replace them • On June 19, 1787 VA Plans wins out

12. THE GREAT COMPROMISE • Two house legislature • Senate (upper house) has equal representation chose by state legislatures • House of Reps.(lower) elected by the people and number of seats based on population in each state • Three Branches of Government: Legislative (make laws),Executive (enforce laws) and Judicial (interpret laws)

13. 3/5 COMPROMISE • Southern states wanted to count slaves to determine their seats in House • Northern states said “NO!” Slaves were property not people and should be counted for taxation but not for representation • Finally after much debate, on July 12 all agreed to count slaves as 3/5 of a person for seats in the House of Representatives but refused to give them voting rights • Every five slaves would equal 3 free persons for representation purposes

14. Final Issues • To keep southern states in convention and in the union, • Slave trade was stopped until 1808 when it would be examined again • States would decide what to do with slave importation • George Mason of VA proposed a Bill of Rights • Needed to protect people against a government that could abuse its power • Federalists believed the document had enough protection • Bill of Rights not needed and was defeated, for now.

15. RATIFICATION BY THE STATES • September 17, 1787 delegates assembled in Philadelphia, PA • Eldridge Gerry (MA) Edmund Randolph (VA) and George Mason (VA) refused to sign with out a Bill of Rights included • Changed rules of Articles of Confederation to require 9 of 13 states to agree to sign for the Constitution to be the law of the land

16. Which was stronger?

17. Where did the ideas come from? • Ancient Greece • English Magna Carta of 1215 limited power of the king sharing power with Parliament (Council of Nobles) to make and pay for wars and other areas of government. • English Bill of Rights of 1689 defined specific rights of Englishmen as natural rights such as life, liberty and property

18. LEGISLATIVE BRANCH (Article I) • Made up of two houses • Senators chosen by states for 6 years terms (now elected by each state’s voters) • House of Reps. Elected by people and seats determined by population • Make laws • Declares war

19. SEPARATION OF POWERS • THREE SEPARATE BRANCHES OF GOVERNMENT • EACH WITH THEIR OWN SPECIFIC POWERS • NO ONE BRANCH HAS MORE POWER THAN THE OTHERS • ONE CAN “check” or call another branch on something that is beyond their power. Examples: House AND Senate must pass a bill to become law, President must sign or Veto (refuse to sign) a bill sent to him by Congress, and Supreme Curt Justices are appointed by President but need approval from Senate

20. Executive Branch of Government (Article II) • Elected to terms of four years each with Vice President • ENFORCES laws made by Congress • Elected by electors appointed by states • Number of electors equal number of Senators and Congressmen from each state • Commander-in-Chief of all Armed Forces • Conducts relations with other nations • Strong executive serves as check or limit on Congress’ authority

21. JUDICIAL BRANCH • INTERPRETS laws made by Congress • Supreme Court is highest court in the land and hears cases from lower courts across country • Hears cases involving Constitution, laws passed by Congress and disputes between states

22. Federalism (Shared Powers)

23. POPULAR SOVEREIGNTY • Ultimate power resided in the hands of the people ( the voter) • The People can vote in or out of office whoever they feel is or is not doing what the people want them to do

24. REPUBLICANISM • People elect a person to represent them in Washington • Two house legislature • President and VP chosen indirectly by the people • Aritcle IV mandates that the nation government guarantee this form of government

25. CHECK AND BALANCES • President can cancel a bill from Congress • Congress can impeach or fire President • Supreme Court can tell Congress to rewrite a law to match the Constitution • No one branch has more power than the others • Senate has to confirm Presidential appointees

26. LIMITED GOVERNMENT • Bill of Rights tells government what they CANNOT do to its citizens • Constitution is “supreme law of the land” (Article VI) • Congress and other branches can only do what the Constitution allows them to do.

27. INDIVIDUAL RIGHTS • Bill of Rights included when Anti-Federalists refuse to approve Constitution • Listed specifically in Constitution and some implied such as right to privacy • Right to Free Speech, Right to Free Press, Right to Bear Arms, Right to freedom of religion, right to not quarter troops in your home, Rights of the accused to remain innocent until proven guilty. Right to jury of peers, right to speedy trial, right to not be searched without warrant, right to bring suit for anything in excess of $20 and the right to bail and the right to not be subject to cruel and unusual punishment.

28. Federalists and Antii-Federalists

29. RATIFICATION • Delaware first to approve and also the first state admitted to Union • Eight other states approve by June 21, 1788 giving majority to rule but needed NY and VA who would not ratify until later in 1788 • NC ratified in 1789 • Rhode Island ratified as last state to do so in 1790 • Bill of Rights added in 1791 • It was time to elect the new government • Amendment process included

30. AMENDING CONSTITUTION • Proposed by 2/3 of House members or 2/3 of state legislatures can propose • After passed by House and Senate, ¾ of states legislatures must pass • 9000 proposals made • Only 27 Amendments approved in 224 years

31. Bill of Rights Amendments I-X (1-10)