Chapter 5 The Constitution of the United States 1776-1800

1. Chapter 5 The Constitution of the United States 1776-1800

2. Marinate on this… • EQ: Can people be trusted to govern themselves?? “The people are turbulent and changing, they seldom judge or determine right. Given therefore to the first (upper) class a… permanent share in the government… they will ever maintain good government.” Alexander Hamilton

3. Following the adoption of the Declaration of Independence, the newly independent states were cautious about giving too much authority to a federal (national) government. They preferred a loose confederation of states, with not strong central government. So, the Continental Congress drafted the Articles of Confederation, and ratified it in 1781. The Articles of Confederation was eventually replaced by the Constitution as the supreme law of the land, because of its many flaws. It did not work for a number of reasons. It did not give enough authority to the national government to lead effectively,as evidenced by the simulation you just did. Articles of Confederation Chapter 5, Section 1

4. The Articles of Confederation Consisted of only one branch of government: the legislative branch, or Congress. Congress carried out the duties of both the legislative and executive branches. No national court system existed. Congress could declare war and borrow money, but lacked the power to tax (had to ask states for $). No ability to raise an army. Why the Articles of Confederation was an epic failCompared and contrasted to today’s national government Chapter 5, Section 1 • Today’s • Consists of three branches of government: • The legislative branch, or Congress, is responsible for making laws. • The executive branch, headed by the President, executes, or puts into action, laws passed by Congress. • The judicial branch is made up of the courts and judges who interpret and apply the laws. • The judicial branch forms a national court system. • Congress has the power to tax.

5. Shays’ Rebellion Chapter 5, Section 1 • Change finally came as a result of Daniel Shay’s Rebellion in 1786. • After the war, the newly formed U.S. experienced an economic crisis. • The value of US currency was very low and falling farm prices left many farmers unable to repay outstanding loans. • To pay war debts, MA raised taxes (the natlgovt couldn’t impose taxes, but state govts could under the Articles of Confed).

6. Shays’ Rebellion Chapter 5, Section 1 • Outraged, a MA farmer and Revolutionary War veteran named Daniel Shay led a mob of farmers in a rebellion against the new tax. • Without an adequate national govt, MA was forced to deal with the revolt on its own. • No provision for national army under Article of Confed, meant not army to put down the rebellion. • Shay’s Rebellion made it clear that a stronger central govt than the Articles of Confederation was needed to deal with the nations’ problems. • In 1787, leaders called a convention to revise the Articles of Confederation in response to Shay’s Rebellion.

7. Which of the following was true of early United States government? (A) The states had more power than the national government. (B) The national government had more power than the states. (C) The states and the national government shared power equally. (D) Individuals had more power than either the states or the national government. The Articles of Confederation proved to be an ineffective body of laws for what reason? The US had not yet declared independence at the time they were ratified. The Articles gave too much power to the central government, causing many colonists to rebel. The Articles did not give enough power to the federal govt for it to lead effectively. None of the states would agree to ratify the Articles of Confederation. Government by the States—Assessment Chapter 5, Section 1

8. The Convention Assembles Chapter 5, Section 2 • In May 1787, delegates from 12 of the 13 colonies met in Philadelphia to try to fix the problems of the new United States government. • This meeting, known as the Constitutional Convention, produced the United States Constitution, the document that has governed the United States for over 200 years. • One particularly influential delegate at the Constitutional Convention was James Madison of Virginia. Before the convention, Madison spent a year thinking about how to create a new government. At the convention, he took detailed notes that would later become the best record of the proceedings. For his role, he became known as “the father of the Constitution.”

9. The convention in Philadelphia had been empowered only to amend, or revise, the Articles of Confederation, not to replace them. However, two plans for a new national government emerged at the convention. The Virginia Plan Proposed a bicameral, or two-house, national legislature Each state would send representatives in proportion to the number of its citizens. The new legislature would have the power to tax; the right to regulate foreign and interstate commerce; to veto, or prohibit from becoming law, any act of a state legislature; and to use force against a state, should that state defy national authority. Divisions at the Convention Chapter 5, Section 2 • The New Jersey Plan • Proposed a unicameral, or one-house, national legislature, and the creation of executive and judicial branches • Each state would send the same number of representatives to the legislature. • The new legislature would have the right to tax and to regulate foreign and interstate commerce.

10. Delegates combined the New Jersey plan and Virginia Plan in the Great Compromise. Delegates agreed to create a legislative branch made up of two houses. One house, the Senate, would have the same number of representatives from each state. In the other house, the House of Representatives, representation would be based on state population. Another difficult issue was whether or not to include enslaved persons when determining a state’s population and therefore its representation. According to the Three-Fifths Compromise, three fifths of a state’s slave population would be counted when determining representation. The delegates also agreed to create a Constitution based on limited government, separation of powers, and checks & balances. Limited govtis the principle that even govts must obey a set of laws and respect the rights of citizens. They are limited in what powers they have and what they can do. The Constitution provided these limitations. After further debate, the convention approved the final draft of the United States Constitution on September 17, 1787. The strengths of the Constitution have helped it endure for more than 200 years. The Great Compromise Chapter 5, Section 2

11. Federal and State Powers The Constitution created a federal system of government, in which power is shared among state and national authorities. In a federal system of government, powers are divided into three categories: Some powers are reserved for the states only. Others are delegated to the federal government only. Still others, called concurrent powers, are held by both the federal government and state governments. Separation of Federal Powers Within the federal government, a separation of powerswas created to prevent any one of the three branches of government from acquiring too much power. Each branch has its own area of authority, but no one branch has complete power over the government. The Constitution also set up a system of checks and balances, in which each branch has the power to check, or stop, the other branches in certain ways. This system prevents the misuse of power by any one branch. Government Structure Chapter 5, Section 2

12. Congress- Legislative “Makes the law” Each of the two houses of Congress was granted different powers. Each was also designed with different methods of election and different term lengths, making the House more receptive to public opinion and the Senate more stable. The President- Executive “Carries out the law” The President would be chosen by a group of electors from each state. The candidate with the majority of votes in the electoral college, or group of electors, would become President. The President was granted enormous powers, including the power to veto acts of Congress and to appoint judges for the federal courts. Congress, the President, and the Federal Courts Chapter 5, Section 2 • Judicial Branch • “Interpret the law” • The Constitution calls for one Supreme Court and several lesser courts, although the details of the federal court system were intentionally left vague. Supreme Court justices would be appointed for life by the President with the consent of the Senate.

13. What was the original purpose of the convention held in Philadelphia in 1787? (A) To write the United States Constitution (B) To fix problems in the new government (C) To decide how the President should be elected (D) To fill in the details of the federal court system Which of these was agreed on in the Great Compromise? (A) How to include enslaved persons in population counts (B) Whether or not Congress would have veto power over state legislatures (C) How many houses of Congress would exist and how states would be represented in each (D) Whether or not to amend the Articles of Confederation The Constitutional Convention— Assessment Chapter 5, Section 2

14. What was the original purpose of the convention held in Philadelphia in 1787? (A) To write the United States Constitution (B) To fix problems in the new government (C) To decide how the President should be elected (D) To fill in the details of the federal court system Which of these was agreed on in the Great Compromise? (A) How to include enslaved persons in population counts (B) Whether or not Congress would have veto power over state legislatures (C) How many houses of Congress would exist and how states would be represented in each (D) Whether or not to amend the Articles of Confederation The Constitutional Convention— Assessment Chapter 5, Section 2

15. Government Metaphor • Remember the 3-Ring Govt?? • Want to watch it again?? Good! • Now you choose a metaphor that most accurately completes the statement, “The three branches of government under the Constitution are like a…”  You may choose from the following list of ideas, or come up with one of your own: • A football team • A musical band • A tricycle • A three-part machine

18. Drama at the Convention • Although the new Constitution was far better than the Articles of Confed, it was still controversial. • Some states refused to ratify it, claiming it didn’t do enough to guarantee the rights of citizens. • There was also controversy concerning what role and powers the national govt should have. • Many favored the Constitution b/c they believed that the U.S. needed a strong federal govt with a powerful president at its head. • Others opposed the Constitution b/c they feared that a powerful federal govt would trample on their rights and be too much like a king. • The delegates split into 2 factions: Federalists & Anti-Federalists. A faction is a group of people bound by a common belief/cause, usually against another group bound by an opposing belief/cause.

19. Federalist vs. Anti-Federalist Federalists • Pro-Constitution. • Favored a strong central govt. • Alexander Hamilton, James Madison John Jay. • Loose interpretation of Constitution. • Feared the people more than the govt. Anti-Federalists • Suspicious of Constitution, b/c they feared it gave the federal govt too much power. • Thomas Jefferson, Patrick Henry • Strict interpretation of the Constitution. • Feared a strong federal govt would trample rights of citizens and president would be too much like a king. • Feared the govt more than the people.

20. The Federalist Papers Chapter 5, Section 3 • To promote the Constitution, the Alex Hamilton, John Madison, John Jay, & Plubius wrote a series of 85 essays, collectively known The Federalist Papers. • The essays were written to persuade New York’s legislature to ratify the Constitution by easing fears that the document gave any one branch too much power.

21. Hamilton, Madison, & Jay

22. The Federalists had several advantages over the anti-Federalists. These included: Why the Federalists Won Chapter 5, Section 3 (1) The Federalists drew on the widespread feeling that the Articles of Confederation had serious flaws. (2) The Federalists were a united, well-organized national group, while the anti-Federalists tended to consist of local politicians who did not coordinate their activities on a national level. (3)The Federalists had an actual document and plan which they could defend: Federalist Papers. The anti-Federalists had no constructive plan of their own to offer. (4)The Federalists had the support of George Washington, a respected Revolutionary War hero. Father of Constitution, J-Mad was a Federalist. So, duh. • Delaware, New Jersey, and Connecticut quickly ratified the Constitution. In June 1788, New Hampshire became the ninth and final state needed to ratify the Constitution.

23. Appeasing the Anti-Fedearlists Chapter 5, Section 3 • So the Federalists were winning. Duh! They got the Constitution ratified. But to appease the Anti-Federalists, they agreed to include 12 Amendments to the Constitution to protect the civil liberties of the people. • The 1st 12 Amendments became known as the Bill of Rights. • Many Americans believed that the national Constitution, like most state constitutions, should include a clear declaration of the rights of the people. • In September 1789, Congress proposed twelve constitutional amendments, largely drafted by James Madison and designed to protect citizens’ rights. • Each of you will be assigned a number and create a poster for your Amendment. The poster must state the amendment, and example of how it is used, and a visual.

25. Which of the following statements might a Federalist have agreed with? (A) The Constitution threatened the power of state governments. (B) The Constitution prevented one faction from controlling the entire government. (C) A Bill of Rights was needed to protect individuals. (D) A President would be too similar to a king. Who drafted much of the Bill of Rights? (A) Patrick Henry (B) George Washington (C) James Madison (D) Alexander Hamilton Ratifying the Constitution—Assessment Chapter 5, Section 3

26. Which of the following statements might a Federalist have agreed with? (A) The Constitution threatened the power of state governments. (B) The Constitution prevented one faction from controlling the entire government. (C) A Bill of Rights was needed to protect individuals. (D) A President would be too similar to a king. Who drafted much of the Bill of Rights? (A) Patrick Henry (B) George Washington (C) James Madison (D) Alexander Hamilton Ratifying the Constitution—Assessment Chapter 5, Section 3

27. On April 30, 1789, George Washington took the oath of office as the first President of the United States. Washington’s inauguration, or official swearing-in ceremony, was attended by thousands. Leading Federalist John Adams of Massachusetts became Vice President. Washington also selected a Cabinet, a group of federal leaders who both advise the President and head national agencies. Washington’s Cabinet included many prominent Americans. He named Edmund Randolph of Virginia to the post of Attorney General and kept Henry Knox as Secretary of War. Thomas Jefferson was named Secretary of State and Alexander Hamilton became Secretary of the Treasury. The New Leaders Chapter 5, Section 4

29. Secretary of State Jefferson After serving several years as ambassador to France, Thomas Jefferson returned to the United States in 1789. He quickly became involved again in domestic affairs, or the country’s internal matters. In addition to being a politician, Jefferson was a planter, writer, and inventor. His interest in architecture led him to build several homes, including his most famous, Monticello. Jefferson was not a strict Federalist and later became one of Washington’s harshest critics. Treasury Secretary Hamilton Alexander Hamilton was chosen to head the government’s largest department, the Department of the Treasury. Hamilton had been an officer in the Continental Army during the Revolution, where he had carried out important military missions. In contrast to Jefferson, Hamilton believed that governmental power, properly used, could accomplish great things. Jefferson and Hamilton Chapter 5, Section 4

30. Washington knew that during his first administration, or term of office, he and his officials were establishing precedents for how to govern. A precedent is an act or statement that becomes an example, rule, or tradition to be followed. Washington worked to establish a tone of dignity in his administration. The President held regular receptions for government officials and was escorted by soldiers when he traveled. Although he felt that such pomp was necessary to command respect, others saw these activities as reminiscent of a king and his court. In 1792, Washington won unanimous reelection. His second term, however, became marked by criticism and controversy. Washington’s Government Chapter 5, Section 4

31. The Need for a Capital City During Washington’s first year in office, the government resided in New York City. In 1790, the capital was moved to Philadelphia while a new capital could be planned and built. The Residence Act of 1790 specified a 10-square-mile stretch of land on the border between Maryland and Virginia for the new capital. This area, to be called the District of Columbia, would be governed by federal authorities, not by either state. Planning the District of Columbia African American mathematician Benjamin Banneker helped survey the city. French architect Pierre-Charles L’Enfant developed the city plan. The District of Columbia, later renamed Washington, District of Columbia, was designed to echo the beauty and structure of European capital cities. The federal government moved there in 1800. Today, Washington, D.C., remains the most visible legacy of the Federalists’ belief in the power and dignity of the new government. Planning a Capital City Chapter 5, Section 4

32. What is a Cabinet? (A) An act or statement which becomes an example to be followed (B) A group of officials who advise the President and head government agencies (C) A term of office (D) A swearing-in ceremony Why did Washington work to establish a tone of dignity in his administration? (A) To ensure that Jefferson and Hamilton worked well together (B) To command respect for the new government (C) To help move the capital from New York City to Philadelphia (D) To inspire the planners of the District of Columbia The New Government—Assessment Chapter 5, Section 4

33. What is a Cabinet? (A) An act or statement which becomes an example to be followed (B) A group of officials who advise the President and head government agencies (C) A term of office (D) A swearing-in ceremony Why did Washington work to establish a tone of dignity in his administration? (A) To ensure that Jefferson and Hamilton worked well together (B) To command respect for the new government (C) To help move the capital from New York City to Philadelphia (D) To inspire the planners of the District of Columbia The New Government—Assessment Chapter 5, Section 4

34. Works Cites • http://www.pptpalooza.net/: Ms. Susan M. Pojer, Horace Greeley HS Chappaqua, NY • America: Pathways to the Present (2005), Upper Saddle River, NJ: Pearson/Prentice Hall • Passing the Georgia U.S. History EOCT