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Chapter 5
AMERICAN HISTORY
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
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
Natural Rights- Life, Liberty, and Property
Role of Government is to protect these
rights
ADAM SMITH- public would
benefit from self-interest???
Restrict the powers of the governor
o
o
o
One year terms
Denied the power to overturn laws
Three branches of government
• Legislature- Made the Laws
• Judicial- Interpret
• Executive- Carry them out
o
o
o
o
Elected, not appointed
Limited the power of the executive
Elected officials given more power
SEPARATION OF CHURCH AND
STATE
ARTICLES OF CONFEDERATON
o
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
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?
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
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
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
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
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-
–
–
•
Representation- 1
Taxation- 0
Compromise:
–
•
FEDERALISM- Divided Power between
Representation- 0
Taxation- 1
–
–
•
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
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
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.
ELECTORAL COLLEGE AND
CHANGING THE CONSTITUTIONPage 144
CONGRESS
House of Representatives and
the Senate
Congress can check the powers
of the President.
o Impeachment- Treason, High
o
o
o
o
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
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”
•
•
JUDICIAL BRANCH
The courts have the power to
judge laws unconstitutional.
– Judges are appointed by the
–
–
–
–
•
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
•
•
•
•
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
•
•
•
•
•
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
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