The Critical Period 1781 1789 The early years

“The Critical Period” 1781 - 1789 The early years of the American Republic

SWBAT • The student will apply social science skills to understand the development of the American political system by: • a) examining founding documents to explore the development of American constitutional government, with emphasis on the Virginia Declaration of Rights and the Virginia Statute for Religious Freedom in the framing of the Bill of Rights; • b) describing the major compromises necessary to produce the Constitution of the United States, with emphasis on the roles of James Madison and George Washington;

SWBAT • The student will apply social science skills to understand the development of the American political system by: • c) assessing the arguments of Federalists and Anti. Federalists during the ratification debates in defense of the principles and issues that led to the development of political parties • d) evaluating the impact of John Marshall’s precedentsetting decisions that established the Supreme Court as an independent and equal branch of the national government.

America after the War New Political Ideas: - Greater power for the people Republic: Represent the Public

America after the War • State Governments rule supreme • All States had a constitution (written law)

America after the War: State Constitutions Checks and Balances” – to prevent a group from becoming too powerful (separation of powers)

America after the War: State Constitutions Expanded Voting Rights – Still only white men could vote

America after the War: State Constitutions Bill of Rights – Guaranteed the rights of people

Slavery • Development of abolition movement in the north • Quakers begin the first Anti-Slavery Society

Women • Expanded role: – “Republican Motherhood” – Disenfranchised (Not allowed to vote) – Abigail Adams: John, remember the ladies.

Potential problems facing the young nation • Foreign Policy • Economic Problems • Domestic Policy

Problems: Foreign policy • England: controlled trade, and still maintained a presence in America • Spain: controlled access to the Mississippi River, controlling the trade of Northwest farmers • France: Demanded repayment of debt • Pirates: Raiding American ships

$$ Economics $$ • Huge debt from war: Individual states and the national congress owed great sums of money • High inflation: American money was virtually worthless • Farm foreclosures: Patriots could not afford to pay back loans

The Young Nation • Should the new nation be 13 independent countries or is it one united country?

Essential Question • How did America’s pre-Revolutionary relationship with Britain influence the structure of the first national government? • What weaknesses in the Articles of Confederation led to the effort to draft a new constitution?

The Young Nation • During the Constitutional Era, the Americans made two attempts to establish a workable government based on republican principles. • American political leaders, fearful of a powerful central government like Britain’s, created the Articles of Confederation, adopted at the end of the war.

The Achievements of the Confederation Congress • In November of 1777, the Continental Congress adopted the. Articles of Confederation and Perpetual Union. • This was a plan for a loose union of the states under Congress. • The Articles set up a weak central government • The Confederation Congress met just once a year.

Source of the Problem

The Articles of Confederation America’s 1 st national government: The basic law of the country from 1781 until 1789, when it was replaced by the U. S. Constitution

“The Articles of Confederation gave Congress the privilege of asking everything & gave the states the prerogative of granting nothing” -Robert Morris

Discussion Question • Identify the major weaknesses of the Articles of Confederation which rendered it inadequate.

Struggles under the Articles of Confederation Areas Weakness Executive No central authority Judiciary Taxes Consequences No one to enforce the laws No federal Inability to court system settle disputes among states Congress could No money to not impose or run the country collect taxes

Struggles (cont) Trade Congress could not regulate trade between states Each state had its own trading laws and taxes Representation Each state, regardless of population, had only one vote in Congress The large states had no power over the little states

The Achievements of the Confederation Congress • The Confederation Congress had the power to declare war, raise armies, and sign treaties. • It did not have the power to impose taxes or regulate trade. • The only way the Congress had to raise money to pay its debts was to sell its land west of the Appalachian Mountains. • Congress arranged this land into townships to make it easier to divide, sell, and govern.

Land Ordinance of 1785 Divided up western lands into townships and set aside land for public schools

The Achievements of the Confederation Congress • The Congress also set up the Northwest Ordinance as a basis for governing much of this territory. • The ordinance created a new territory north of the Ohio River and east of the Mississippi River, which could become three to five states. • When the population of a territory reached 60, 000, it could apply to become a state.

Northwest Ordinance Land North & West of the Ohio River

Northwest Ordinance Established how territories became states Sale of land to pay national debt & create public schools Banned Slavery in Northwest Territories

Successes of the Articles of Confederation Treaty of Paris: ended the Revolutionary War. Northwest Ordinance (1785 & 1787):

Conflicting Powers of the Articles of Confederation • Congress could: – Raise armies – Declare War – Sign treaties • Congress could not: – Raise revenue through taxes – Regulate trade or collect tariffs – Enforce its own laws – Settle disputes between states

The Congress Falters • After the Revolutionary War, British merchants flooded American markets with inexpensive British goods which drove many American artisans out of business. • American states imposed duties (taxes) on imported goods. • The states did not all impose the same taxes so the British would land their goods at the states with the lowest taxes or restrictions.

The Congress Falters • Because the Confederation Congress could not regulate commerce, the states set up customs posts on their borders and levied taxes on other states’ goods. • This weakness of the Confederation threatened the union of the states. • The federal government had no powers over the states and could not force them to pay their debts to Britain or return Loyalist property.

The Congress Falters • The British retaliated by refusing to leave American soil as promised in the treaty. • Since Congress could not regulate trade, it could not force the British into settlement. • The end of the Revolutionary War and the slowdown of economic activity with Britain caused a severe recession in the United States.

The Congress Falters • To pay for the war, many states had issued bonds as a way to borrow money. • To pay back the bondholders, many people urged the states to issue paper money. • States did not have the gold and silver to back paper money and so the paper money greatly declined in value.

Shays‘s Rebellion • Shays’s Rebellion broke out in Massachusetts. • It started when the government of Massachusetts decided to raise taxes to pay off its debt instead of issuing paper money. • The taxes hurt the farmers most and those who could not pay their taxes and other debts lost their farms. • Daniel Shays led the rebellion.

Shays’s Rebellion • They went to a state arsenal to get weapons. • A government militia defended the arsenal killing four farmers. • Many Americans began to see the risk of having a weak central government. • They called for a change in government.

Shays’s Rebellion • Causes: • Increased taxes • Foreclosure on farms by banks Stirs memories of………. .

England

Shays’s Rebellion • Effects: –Convinces people of the need to Strengthen national government

Shay’s Rebellion Farms were taken away from them because they couldn’t pay their debts. Why couldn’t the Congress Farmers revolted help to stop Shay’s Closed down courts so Rebellion? homes could not be taken away from them.

Failure of the Articles 1) America had a huge debt: Couldn’t pay our bills 2) Couldn’t stop fighting between states Not United

Failure of the Articles Almost impossible to change the laws Our Government was: Too Weak It could NOT protect peoples rights to: Life, liberty, and the pursuit of happiness

Which weakness do you think hurt the new government the most?

Review • The AOC did not give the Confederation Congress the power to? • Impose taxes • What event caused Congress to decide to revise the Articles of Confederation? • Shays’ Rebellion started because? • Massachusetts decided to raise taxes

Review • The United States 1 st government? • AOC • The spark that inspired the Founding Fathers to think about changing the 1 st government? • Shays’ Rebellion • The Main reason the British accepted American independence after Yorktown was? • They had grown tired of the expense of fighting.

Review • This is where the ultimate power rested with the AOC? • States • This is why the AOC established a weak political system • Prevent abuses of power that had existed under British rule

The Constitutional Convention • All states, except Rhode Island, sent delegates to the Constitutional Convention held in Philadelphia in 1787. • Most of the 55 delegates to the Constitutional Convention had experience in government. • George Washington was presiding officer. • James Madison kept records of the debates. • The meetings were closed to the public.

Constitutional Convention (1787) v Philadelphia v All states except Rhode Island v George Washington: President of Convention (presiding officer) v James Madison: “Father of Constitution”

The Constitutional Convention • Leaders were all appointed by the state legislatures, whose members had been elected by voters who could qualify as property owners. • 55 delegates convened on May 25, 1787 in the Philadelphia statehouse , most all were men of high prestige and conservative • Jefferson, in Paris, called the group a “convention of demigods”

Divisions at the Convention • What are we doing here? Revise the Articles OR Write a new Constitution

Articles of Confederation • Went against Congress’s explicit wish to revise the govt. not replace it, states were now in danger of losing their sovereignty. • In effect, U. S. government was peacefully overthrown

Hot Topics • Representation –Large States vs Small States

Stronger New Government • National principle: –National government should be stronger than the states

Hot Topics (cont) • Slavery –North vs South

Two Plans for Government Virginia Plan (Big State) Three Branches of Government Executive, Legislative, Judicial Bicameral Legislature (Two houses) • # of Reps based on population • •

The Virginia Plan • James Madison created the Virginia Plan which proposed that the legislature be divided into two houses (bicameral) • Members of both houses would reflect that state’s population. • It proposed a national government consisting of a legislative, executive, and a judicial branch • National government had power to tax.

Two plans for government • New Jersey Plan (Small State) • Unicameral Legislature • 1 state = 1 vote • Power to Tax!!!!

The New Jersey Plan • Congress would have a single house. • Modified the Articles of Confederation • Congress would have power to tax and regulate trade. • Small states insisted that each state had to have an equal vote in Congress • Northern and Southern states disagreed over how to treat slavery in the constitution.

The Constitutional Convention • In What ways did the Virginia Plan and the New Jersey Plan differ? • The Virginia Plan wanted to throw out the Articles of confederation, while the New Jersey Plan wanted to revise the Articles of confederation. The Virginia Plan called for two houses of Congress with representation based on a state’s population. The New Jersey Plan called for one house with equal representation. The Virginia Plan called for three branches of government, whereas the New Jersey Plan did not.

What is a compromise? • Why so important to the development of the United States?

A Union Built on Compromise • The delegates of the Constitutional Convention were divided geographically. • The small states wanted changes that would protect them against the big states. • Northern and Southern states were divided over the issue of slavery in the new constitution. • A Compromise was needed.

Compromises • Great Compromise (Connecticut) – 2 Houses – House of Reps: • Population Based • House of Representatives control taxation – Senate: • Equal Reps

The Connecticut Compromise (The Great Compromise) • Congress voted to proceed with the Virginia Plan with the purpose of working on a new constitution for the United States. • In one house of Congress the states would be represented according to size. • In the other house, (the Senate), each state would have equal representation. • The eligible voters would elect the House of Representatives, but the state legislatures would choose senators.

Compromises • Three-Fifths Compromise – Issue: Are slaves people or property? – North: Slaves should not count in population totals – South: Smaller population would lead to northern domination – Compromise: Slaves will count as 3/5 of a person for representation (5 slaves=3 votes) – Slavery legal – Slave trade end in 1808

Compromises Cont. • Most northerners and many southerners believed slavery would eventually die out. • Most northerners also believed blacks inferior and could work only as menial laborers.

Compromises • Commerce Compromise –Agricultural v Industrial states –Congress could tax imports, but not exports –Electoral College

Enlightenment Ideas and the Constitution

Constitution • The new constitution was based on the principle of Popular sovereignty, or rule by the people. • It created a system of government known as federalism. (It divided government power between the state government and the national). • It provided for a separation of powers • The two houses of Congress made up the legislative branch (made laws).

Constitution • The executive branch, headed by the president (implements and enforces laws) • The judicial branch, federal courts, would interpret federal laws • No one serving in one branch could serve in the other branches at the same time

Checks and Balances • Each branch of government had the ability to limit the power of the other branches • President can veto bills, appoint judges, and propose legislation • Congress can override vetoes, approve or reject appointments, and impeach, formally accuse of misconduct, and then remove the president or any high official in the executive or judicial branch. • The judicial branch interprets laws and serves for life.

Constitution Congress • Created a system for making amendments, or changes to the Constitution. • Supporters of the Constitution were known as Federalists • Opponents to the Constitution were known as Antifederalists • James Madison’s promise to add a bill of rights helped Virginia and New York vote in favor of the Constitution.

Constitutional Principles • Federalism • Separation of Powers –Checks and Balances • Individual Rights

Federalism • Shared Power between the National government & State governments

Federalism Delegated Powers National Government Concurrent Powers Both Reserved Powers State Government

Delegated Powers, also known as enumerated and/or expressed powers Declare War Print Money Inter-State Commerce

Reserved Powers Marriage Laws Driving Laws Schools

Concurrent Powers Welfare Taxes Borrowing Money

Stronger New Government

Strong Executive • Enforcer of laws • Powers: – Commander in Chief – Appointment: Check on Judicial and Legislative branches – Veto of Legislation: Check on Legislative branch

Legislative • Congress: Makers of Laws –House of Representatives: Popularly elected –Senate: Every state has 2 • Can override presidential veto with 2/3 vote

Judiciary • Supreme Court: Interpret the laws • Judicial Review

Legislative Branch

Checks on Judicial Branch • Creates lower courts • Can impeach and remove judges • Can propose amendments to overrule judicial decisions • Approves appointments of federal judges

Checks on Executive Branch • • • Can override presidential veto Confirms executive appointments Ratifies treaties Declares war Appropriates money Impeachment

Executive Branch

Check on Legislative Branch • • • Proposes Laws Veto Call special sessions of Congress Appointments to federal posts Negotiates treaties

Check on Judicial Branch • Appointments of judges • Pardons

Supreme Court-Determining Constitutionality of Acts (laws)

Checks on Legislative Branch • Declare acts of Congress illegal

Checks on Executive Branch • Can declare actions unconstitutional

Stronger New Government • Extended Republic: Benefit of an "extended republic" to control faction and limit negative impact of self-serving politicians

Approval • The new constitution must be ratified by 9 of the 13 states • Special state constitutional conventions were convened to vote on the new government • Debate: Federalists vs Anti. Federalists

Ratifying the Constitution • Federalist Washington, Madison, Hamilton • Anti-Federalist George Mason Patrick Henry Support Ratification Oppose Ratification Federalist Papers Afraid of a loss of state and individual rights

Federalists • Supporters of the new Constitution • Merchants, urban, upper-class, seacoast, commercial interests • George Washington, James Madison, John Jay, John Marshall, Alexander Hamilton, and Benjamin Franklin

Federalist Papers • Series of articles by Madison, Jay, and Hamilton in support of Constitution (“Publius”) • Madison’s “Federalist 10” considered to be one of the greatest political documents written

Anti-Federalist • Opposed the new government • Infringement of natural rights • Agrarian, western, states rights supporters • Patrick Henry, Sam Adams, Richard Henry Lee, George Mason

New Government • • Constitution: Much Stronger Strong executive Power to: – Tax – Control trade

Issues • Who controls the country: the national government or the state governments • Bill of Rights

The Winner • If it would have been a popularity contest the Anti-Federalist would have won hands down………. . But, it wasn’t!!!!! • By 1788, 9 states had ratified the Constitution • Remaining states join because they don’t want to be left out

Conservative Victory • New Government created to check the excesses of the Mob (common people) • Federal judges appointed for life • President elected indirectly by Electoral College • Senators chosen indirectly by state legislatures

Bill of Rights • Anti-Federalist victory… • Guaranteed certain rights that the government could never infringe upon

Individual Rights Guaranteed by the Bill of Rights The 1 st 10 amendments to the US Constitution

Bill of Rights • Guaranteed freedoms • 1 -9: Personal Freedoms • 10: Reserved powers of the states

Bill of Rights Author James Madison; greatly influenced by two Virginians: 1) George Mason Virginia Declaration of Rights: reiterated the notion that basic human rights should not be violated by governments 2) Thomas Jefferson Virginia Statute for Religious Freedom: outlawed the established church—that is, the practice of government support for one favored church

Key Issues • Made federal law the supreme law but gave leeway to states to govern themselves. • Balanced power between large and small states (Senate where each state gets 2 senators and House of Representatives with membership based on population) • Placated Southern states by counting slaves as 3/5 of population

Key Issues • Established three co-equal branches of government with checks and balances: Legislative, Executive, and Judicial. • Limited powers of federal government to those identified in the Constitution.

A Framework for Limited Government • The Constitution has a system for making amendments, or changes to the Constitution. • There is a two-step process for amending the Constitution-proposal and ratification. • New amendments can be proposed by a vote of two-thirds of the members of both houses of Congress, or two-thirds of the states can call a constitutional convention to propose new amendments.

A Framework for Limited Government • A proposed amendment must be ratified by three-fourths of the state legislatures or by conventions in three-fourths of the states.

A Framework for Limited Government • How does the Constitution provide for a separation of powers? • It provides for three branches of government. The legislative branch makes the laws. It is made up of the two houses of Congress. The executive branch enforces the laws. It is headed by a president. The judicial branch interprets federal laws. It is made up of a system of federal courts.

Americans Create a Republic • The Federal System – Constitution creates three branches of government – Provides checks and balances—ensures branches share power equally – Promotes federal system—power divided between nation and states • The Bill of Rights – Some fear too much national power, few protections of rights – Leaders win support for Constitution by adding a Bill of Rights • Ten amendments to Constitution that protect freedoms

A Lasting Document • Constitution has lasted over 200 years because: – Flexible enough to allow for changes – Proof: It has only been Amended 27 times!!!

Review • He was the delegate chosen as presiding officer of the Constitutional Convention • George Washington • He is frequently called the “Father of the Constitution”? • James Madison • Powers the US Constitution grants only to the National Government are called? • Enumerated powers, Enumerated, Expressed

Review • This is where the Constitutional Convention took place? • Philadelphia • US Constitution grants certain powers only to the state government and they are called? • Reserved powers • Large state plan was called • The Virginia Plan

Review • Small state plan was called? • New Jersey Plan • This plan brought the small states and big states into agreement • Great Compromise • People who wanted the Constitution? • Federalists