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Chapter 5
AMERICAN HISTORY
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Between 1776 and 1780 most
states WROTE State Constitutionspg 132
 States were reluctant to unite
under a strong central
government- Why?
 Drafted and ratified new state
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constitutions
Limited the power of the state
governments
Guaranteed specific Rights
Established voting rightswhite, male, landownersWOMEN/AFRICAN AMERICANS
REPUBLICAN MOTHERHOOD
EMPHASIZED LIBERTY NOT
EQUALITY
Republic- Citizens rule though elected
officials
Republicanism- political leaders
received from the citizens (consent of
the governed) their authority to make
and enforce laws.- (Pg-133)
Civic Virtue- A citizens capacity for
selflessness, self-sufficiency, courage
and Civic Involvement. (pg 133-134)
Influenced by Enlightenment – John
Locke and Adam Smith
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Natural Rights- Life, Liberty, and Property
Role of Government is to protect these
rights
 ADAM SMITH- public would
benefit from self-interest???
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Restrict the powers of the governor
o
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One year terms
Denied the power to overturn laws
Three branches of government
• Legislature- Made the Laws
• Judicial- Interpret
• Executive- Carry them out
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Elected, not appointed
Limited the power of the executive
Elected officials given more power
SEPARATION OF CHURCH AND
STATE
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ARTICLES OF CONFEDERATON
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Representation- Equal or based on
Population
o
Supreme power or Divided Power
• Articles of Confederation
• Confederation-
o
Powers of the Articles of
Confederation (National
Government)- Pg 135
Western Lands
• State Land Claims
o Governing the Western Lands:
• Land Ordinance of 1785
• Northwest Ordinance 187
• Steps to Statehood-- page 135
• Go over the three steps
o
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Financial Problems- Page 136
o Large war debts had to be paid- Government did not have the power to tax.
o Soldiers went unpaid for years- Tried to Amend the Articles of Confederation
to give them the power to tax- This attempt failed- WHY?
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Problems with States
o Congress had little power over the states- States could: make their own
treaties, control commerce between states, No federal Judicial System, only
state courts. Several problems- Page 136
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Problems with Foreign Nations
o British continued to occupy forts in NW Territory/ Dealing with the Spanish-
New Orleans and Florida/ Problems paying off debts
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Economic Problems
o Trade with and Commerce with Britain was limited/ Paper money continued
to cause inflation/ debtors vs creditors– see chart on page 137
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SHAYS REBELLION- Explain
May 25, 1787- Constitutional Convention
met in Philadelphia at Independence Hall
12 Of the 13 States- RI- Page 141
Job was to Revise the Articles of
Confederation– Dis more than that
Role of James Madison- Father of the
Constitution
Delegates agreed to keep the
proceedings secret. Why?
54 delegates- George Washington was
presiding officer
o Most had helped to write state
constitutions
o All had held public office
o Generally wealthy and well educated
o Most had served in the Continental
Congress
Key Delegates at the Constitutional
Convention
1 Roger Sherman
2 Alexander Hamilton
3 Benjamin Franklin
4 James Madison
5 George Washington
6 James Wilson
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A dispute quickly arose over the
number of representatives each
state should send to the
legislature. Larger states liked
the Virginia Plan- based on
population. Smaller states
insisted on equal representation.
New Jersey Plan- William
Patterson- called for a
unicameral, or one house
legislature. Each state would
have one vote.
Great Compromise- Roger
Sherman- Two House
Legislature- Upper House equalLower House based on Population
The Great Compromise ended
“the most serious and threatening
excitement of the Convention”
James Madison
THE THREE FIFTHS COMPROMISE
•
How should slaves be counted?
•
Northern point of view:
the national government and the state
governments
Southern Point of View:
DELEGATED OR ENUMERATED POWERS-
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Representation- 1
Taxation- 0
Compromise:
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FEDERALISM- Divided Power between
Representation- 0
Taxation- 1
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DIVISION OF POWERS
Only three fifths of the State’s
slave population would count in
determining taxation and
representation.
Compromise
–
Could levy tariffs on imports
but not exports
– Slave trade protected until 1807
Powers granted to the federal
government-
RESERVED POWERS- Powers granted to
the states.
CONCURRENT POWERS- Powers granted
to both the federal government and the
state governments
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The separation of powers
prevents any one branch from
becoming too powerful.
 Legislative Branch- Makes the
laws
 Executive Branch- Carries them
out
 Judicial Branch- Interprets and
applies the laws
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The separation of powers is
upheld by a system of Checks
and Balances that gives each
branch the means to restrain the
powers of the other two.
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ELECTORAL COLLEGE AND
CHANGING THE CONSTITUTIONPage 144
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CONGRESS
House of Representatives and
the Senate
Congress can check the powers
of the President.
o Impeachment- Treason, High
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crimes and misdemeanors
President can make treaties,
Senate ratifies treaties 2/3rds
majority
Presidential appointments must
be approved by the Senate
“Power of the Purse”
Override Presidential veto’s with
a 2/3rds majority
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PRESIDENT
The President can curb the
the powers of Congress.
o Veto Power
o Influence and Pressure
• Call a special session of
Congress
• Adjourn Congress
o State of the Union Address
o Press conferences and
speeches. “BULLY PULPIT”
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JUDICIAL BRANCH
The courts have the power to
judge laws unconstitutional.
– Judges are appointed by the
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President
Senate must approve all judicial
appointments
Congress can impeach a judge
Congress and President can
amend the Constitution
President has the power to
pardon
Supreme Court Judges are
appointed for LIFE
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Read Page 145
When the Constitution was
finally published, the
drastic changes surprised
and angered many people.
Why?
– Citizens soon divided
over the issues.
– Felt that this
government was too
powerful
FEDERALIST- Supporters
of the Constitution
ANTIFEDERALISTSOpponents of the
Constitution
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Only 9 of the 13
states were needed
to ratify
Ratified by State
Conventions
1787- Ratification
process began
Federalist PapersPage 146
James Madison,
Alexander Hamilton
and John Jay
FEDERALISTS
Strong Leaders: James
Madison, John Dickinson
and Alexander Hamilton
– Wealthy Merchants
– Planters & Lawyers
– Supported a strong
national government
– It would provide
stability and security
– Believed that
Separation of powers
would limit the power
of the central govt.
ANTIFEDERALISTS
STRONG LEADERS- Samuel Adams,
Patrick Henry, and Thomas
Jefferson
– Veil of secrecy
– Destroy states rights
– New government resembled a
monarchy
– Violated the principle of
Liberty
– Demanded a Bill of Rights-This
became the main focus of the
anti-federal
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By June of 1788 nine states
had ratified the
Constitution
New York and Virginia, the
two largest state had not
ratified
They wanted a Bill of
Rights
Most Federalists were not
against a Bill of Rights,
they felt it was not
necessary
Read page 147-149