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Chapter Setting
Benjamin 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,”
3
With the
signing of the
Declaration of
Independence
and the Treaty
of Paris their
now was a
need to set up
a form of
government for
the American
people.
4
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
5
State Constitutions
During 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. First, it would spell out all the
rights of all citizens. Secondly, it would set limits on the
power of government.
6
Power in the legislature was
divided between the upper
house called the Senate and a
lower house called the House of
Representatives . All states
except Pennsylvania had a
governor, who executed, or
carried out the laws.House of Representatives
Colonists were too 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
part. Every state had a
legislature that passed laws.
The voters elected lawmakers.
7
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.
8
The state constitutions also expanded the
right to vote. Now under the constitution
you could vote if you were a white male
over the age of 21. In a few states women
and free African Americans could vote.
Fannie Lou Hamer Links
by Mr. Zindman
Susan B. Anthony and
Elizabeth Cady Stanton
9
The American Revolution did not prompt a radical
redefinition of the right to vote. In 1786, only two of
the original thirteen states (Georgia and South
Carolina) expressly restricted voting privileges to the
eligible white population. The U.S. Constitution,
written in 1787, recognized the authority of the states
to define the right to vote. Between 1776 and 1860,
about one-third of the states permitted voting by free
African-American adult males.
10
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.
Forming a National Government
11
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.
12
4. Congress had the right to declare war, appoint
military officers, and create and control coin
money.
Under the Articles of Confederation:
1. All states agrees to send delegates to a congress to
vote on proposals
2. Congress would pass the laws, but at least 9 of the
13 states had to approve of the law before it can
pass.
3. Congress could not pass taxes, the states had to
control over taxes.
13
The first dispute arose over the Articles of the
Confederation. All the states ratified the Articles with
the exception of Maryland. They disputed of the land
between the Appalachian Mountains and the
Mississippi River. Virginia and some other states
claimed all the land to the West. Soon afterwards one
state at a time they gave up their claims to the western
lands.
Disputes Over Western Lands
14
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. The
biggest problem that the states faced was money. As a result of
borrowing during the Revolution, the United States owed millions
of dollars. It had no way to pay its debts. Under the Articles of
Confederation, Congress would ask for money to repay these
debts. However, the states had the right to turn down the requests
of Congress.
Serious Charges Over the Articles of Confederation
15
During the Revolution 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.
16
A farsighted Policy for Western Lands
Settlers in the western lands posed still another
problem. 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. Here are the two laws:
Geography and History
17
In time 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
• 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.
• 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 60,000 they can
apply to the United States to become a state.
18
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.
A Farmers Revolt
19
In 1786 the unhappy farmers
flared into 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
into 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 called Shays'
Rebellion.
20
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. On May 1787
the leaders of several
states met to discuss
this issue in a
convention.
21
The convention was called the Constitutional Convention was held in
Philadelphia. Among the delegates to the convention was a 36-year-old,
short and thin man. He was 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 hot summer of 1787, the framers of the Constitution created a
strong and enduring government.
2.A Grand Convention
22
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
a proposal to the Convention. The
plan was called the Virginia Plan.
The plan called for a strong
national government with three
branches:James Madison
Edmund Randolph
Hopelessly Divided
23
• The Judicial Branch or system of courts decides if the laws are
carried out fairly.
• The Legislative Branch of government passes the laws.
• The Executive Branch of government carries out the laws.
Click to visit a computer activity on the
three branches of government created by
Mr. Zindman
24
The Virginia Plan also
called for a two-house
legislature. Seats to
each house will be
awarded based on
population. Previously
under the Articles of
the Confederation
each state had the
same number of
representatives
regardless of the
population.
25
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. Under the New
Jersey Plan, the legislature would
only have one house. 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
A delegate named Roger Sherman,
of Connecticut, worked out a
compromise between the large and
small states. A compromise is a
settlement in which one side agrees
to give up some of its demands.
26
The members of the upper house known as the Senate would have
two senators per state no matter what the size of the state. On July
16th the delegates approved the plan. It became known as The
Great Compromise.
The
Senate
House of
Representatives
Sherman’s compromise called for a legislature with a lower and
upper house. The Lower House was known, as the House of
Representatives would have representatives based on that state’s
population.
27
The issue of slavery was also raised at the convention.
Southerners wanted to include slaves in the population count but
they 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. Once again the delegates compromised.
They agreed that three fifths of the slaves would be counted. 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.
28
Northerners and
Southerners also
disagreed on another
issue relating to slavery.
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.
Click on
the
pictures
to learn
more
The Slave Trade
29
In the end, the two
sides compromised.
They said: Congress
could not outlaw
slavery for at least
twenty years.
Northerners agreed
that no state could
stop a fugitive slave
from being returned
to an owner who
claimed him/her.
Click on the picture to learn more
30
Finally, on September 17, 1787, the
Constitution was ready. The
delegates one by one signed the
Constitution. They had done
something remarkable. 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
31
Many ideas from the Constitution were inspired from
other sources. Here are some of the ideas that
shaped the Constitution.
Ideas that Shaped the Constitution
32
• 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.
33
• 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.
Click here to visit a
computer activity
on the ideas that
shaped the
Constitution created
by Mr. Zindman
34
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. The
division of power
between the states and
national government is
called Federalism.
A Federal System
35
• 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.
36
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.
37
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.”
Click on the picture to learn more.
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:
38
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.
Click on the picture.
39
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.
Click on the picture to
learn more.
40
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. Every
four years, the electors would meet as a group and vote for the
President and Vice-President of the United States. The founders
of the Constitution felt that the well-informed citizens familiar with
the national government would be able to choose a President and
Vice-President wisely.
Electing a President
41
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
42
• 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.)
43
• 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.
44
• If a judge misbehaves Congress can remove
them from office.
Click on the picture to learn
more.
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.
45
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
46
At home in the town
squares, Americans
discussed the Constitution.
Many people supported it.
Many others did not. The
convention was over. Now
the states had to decide
whether or not to ratify this
new frame of government.
4.Ratifying the Constitution
47
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.
In every state there were debates over the Constitution.
People that supported the Constitution were called
Federalists. The people who opposed the Constitution
were called Antifederalists.
Federalists
48
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. The people
celebrated in festive parades and parties.
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.
49
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. They
called the changing of the Constitution the Amendment
Process.
Adding a Bill of Rights
50
•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.
Click on the picture to learn more.
The Amendment Process
51
• 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
Click on the picture to learn more.
• 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.
52
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:
53
•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.