CHAPTER 5 NOTES
I. Government by the states
A. Early government
1. Washington elected unanimously as the first president of the United States
2. states wanted no powerful government or single powerful leader, citizens thought of themselves as individual states not as a nation but as a confederation
3. Articles of Confederation – 1777 Continental Congress adopted laws to govern the nation, AOC established limited national government
- one branch unicameral legislature
- no judicial branch
- Congress had duties of legislative and executive branches
- States have own court system
- no power to tax, national government had to ask state for money could not force to give money
- states any any number of representatives to congress
- one vote per state
- passing legislation required 9 of 13 votes not majority
- amendments passed only if unanimous
4. State constitutions - more powerful than AOC, not all states were but Pennsylvania was. Penn gave voting rights to all white men who were 21 or older and paid taxes – this was the first state to do this. Penn had and still has unicameral legislature, and elections every year to remain responsive to citizens
B. Opposition to AOC
1. all agreed on democracy and a republican form of government
2. economic problems that were being faced - the wealthy opposed AOC because the feared it gave the ordinary citizen to much power
3. as of 1786 the US was still in debt of $50 million, state and national governments borrowed from foreign nations and their own citizens to pay war debts
4. the government printed mass amounts of worthless paper money, the result was economic chaos
5. Concerns about the weakness of the AOC – by early 1780s nationalists wanted a stronger national government to stop the unpredictable behavior of the states supporters included B. Franklin, G. Washington, J. Madison, A. Hamilton who worried about Congress’s inability to act because of absence of the delegates. The lack of national court system, lack of national economic policies. They feared the US would have no national respect from other nations
AMERICA BECAME THE MODEL FOR OTHER NATIONS AROUND THE WORLD TO BUILD DEMOCRACIES
6. Annapolis Convention 1786 - delegates of the states met to discuss economic problems unsolved by the AOC for example foreign and interstate trade
Only 12 delegates from 5 states arrived but an important step was achieved- they agreed to meet in 1787 in Philadelphia to find a permanent fix for the government
C. Shay’s Rebellion – Massachusetts
Citizens began demanding their money back that they had loaned the state to pay war debts, they tried to force the state to pass high taxes to get the money
Massachusetts had the highest tax ever on its citizens and that tax had to be paid in specie
Courts began seizing farmers’ lands, animals and equipment for non payment of taxes
Daniel Shay was one such farmer and he was facing loss of his farm, goods and imprisonment
1786 Shay gathered other farmers and led a rebellion against the tax collectors, he petitioned the courts of relief but was rejected so the rebels closed the courts down
Shay and the rebels went to Springfield to get the arsenal of weapons there and all congress could do was watch and wait as fighting broke out
Finally the state gathered an army and put down the rebellion
Many of the families left the state and started over in Vermont or New York
Shay and others were arrested and sentenced to death
Effects:
1. demonstrated a need for a stronger national government
2. demonstrated a commitment of the people to defy the authority of any government if it went against the wishes of the people
3. Shay west free on appeal
May 1787 – urgent need for government reform recognized, 12 states except Rhode Island meet in Philadelphia
II. The Constitutional Convention
Independence Hall was the Pennsylvania State House. This is where the Constitutional Convention took place and the men suffered under hot bad circumstances to create the constitution of the US
A. Convention assembles
1. known as Constitutional Convention
2. four months to make constitution
3. only decision made at Annapolis Convention was to have this convention
4. 70+ delegates from all states except Rhode Island whose characteristics were – middle age, professional, well educated
5. most famous delegate James Madison called father of Constitution
B. divisions at convention
Delegates unanimously decided to vote G. Washington first president of US
Major division between amending AOC or starting from scratch
1. Virginia Plan – submitted by Edmund Randolph of Va
- bicameral legislature
- representation based on population (big states more votes, small states fewer votes)
- power to tax states
- power to regulate foreign and interstate commerce
- power to veto state laws
- three branches of government
2. New Jersey Plan – proposed by William Patterson of NJ for smaller states
- power to tax states
- power to regulate interstate and foreign commerce
- three branches of government
- states have equal votes in unicameral congress
C. Reaching agreements
1. Great Compromise –
- bicameral legislature
- one house on population
- one house equal votes (2)
- approved July 16, 1787
2. Three-Fifths Compromise
- calculating population caused debate
- south wanted slave population counted
- north didn’t
- three of every five slaves could be counted as part of states population
- slaves still could not vote, hold office, or be represented in congress
- native Americans not counted or represented at all
3. both agreements limited national government in some ways still
- did not give the right of national government to veto state laws
4. Compromise on Slavery and Commerce -
D. Lasting document
Constitution called the living document because it is specific enough to not be misunderstood about some things but flexible enough to change with the nation and the times
E. Government structure was devised to keep the government under control
1. created federal government – power shared by state and national government
-reserved powers for states only
-delegated powers federal government only
-concurrent powers federal and state share at same time or alternately
2. separation of powers gave each branch area of authority
Checks and balances gave each branch authority to check on branches
3. congress – bicameral, House of representatives (population, two year terms) and Senate (equal 2, 6 year terms
-Powers only congress has – coin money, declare war, raise an army, provide for a navy, and regulate commerce, elastic clause (any laws necessary to carry out duties of congress)
4. president – strong executive officer, command armed forces, veto acts of congress, four year terms, elected as many times as people wanted until 1951, electoral collage actually decides presidency
5. federal courts – national court system, judges chosen by president, hold office for life, left vague for future
6. road ahead – ratify constitution
III. Ratification
The constitution required a vote of nine of thirteen states to ratify or approve and make law of the constitution
A. Federalist view
1. federalist were those who favored constitution
2. wanted strong national government
3. G. Washington, J. Madison, A. Hamilton
4. wrote a series of essays that appeared in the New York newspapers that were to persuade New York State convention to support constitution
B. Anti-federalist view
1. saw constitution as betrayal of revolution, opposed it
2. believed president would be o better than a king
3. feared government rather than people
4. objected to federal court system
5. feared civil liberties would be trampled
6. P. Henry
C. why federalists won
1. played on feelings that AOC had serious flaws
2. federalists united around specific plan – constitution
3. well-organized group that maintained regular contact with each other
4. George Washington
Ratified quickly – Delaware, NJ, Connecticut, Georgia, Pennsylvania
Ratified but slowly and reluctantly – Massachusetts, Maryland, South Carolina, New Hampshire
Rejected then ratified – North Carolina, Rhode Island
D. Bill of Rights
Constitution passed mainly not because of Washington, federalists, or skills of writers but because federalist promised to support a series of amendments that protected individual rights.
Congress proposed 12 amendment Congress passed ten aka Bill of Rights
1. Against – most felt these weren’t necessary to put in the constitution because they were building a government of the people for the people and by the people therefore the government was the people
2. For- Jefferson felt the inalienable rights had to be protected by guaranteeing them in writing even though he was not a delegate at the constitutional convention Jefferson wanted to add more specifics in the wording of the rights
Bill of Rights (1791)
1. freedom of press, religion, assembly, petition, speech
2. right to bear arms
3. no quartering of troops in citizens homes
4. no unreasonable searches and seizures
5. grand jury for federal crime, self- incrimination, double jeaopardy, unfair fed actions, and seizure of private property without paying fair price
6. right to swift and fair trial
7. right to jury trial in federal civil cases
8. no cruel and unusual punishment or excessive bail
9. inalienable rights other than those stated
10. all powers not specifically given to federal government given to state or not specifically kept from state
IV. New Government
Washington unanimously voted in as first president
A. New leaders
1. John Adams vice president
2. Huge war debt, lacking permanent capital, no federal officers except president, vice president, congress
3. Washington elected cabinet to help advise and support president
Thomas Jefferson Secretary of State
Alexander Hamilton Secretary of Treasury
Edmund Randolph Attorney General
Henry Knox Secretary of War
B. Washington’s government
1. first term was a period of setting precedents
2. extremely popular
3. unanimously re-elected for second term
4. lived in grand style, parties, fine food, carriages, fine clothing etc.
5. president believed necessary to show the world democratic and powerful to gain global respect
6. Washington stepped down voluntarily, gave up his commission and returned to Mt. Vernon
C. capital city planning
1. New York City for the first term
2. 1790 moved to Philadelphia for ten years
3. Residence Act of 1790 – set capital 10- square mile stretch on Potomac River, on Maryland- Virginia border, governed by federal government, called District of Columbia
4. Benjamin Bannecker – black American who surveyed city
5. Pierre-Charles L’Enfant developed city plan
6. federal government moved in 1800 before city was complete
CONSTITUTION OF THE UNITED STATES
Basic Principles
1. popular sovereignty
2. limited government
3. separation of powers
4. checks and balances
5. judicial review
6. federalism
Articles
1. establishes legislative branch of government
2. establishes executive branch of government
3. establishes judicial branch of government
4. relationships between states
5. provisions for amendments
6. national debt, supremacy clause, oath
7. ratification process
Amendments
Bill of Rights 1 – 10
11. 1795 citizens of one state cannot sue another state
12. 1804 determination of election of president and vice president
13. 1865 freed all slaves
14. 1868 definition of citizenship
15. 1870 right to vote regardless of color, race and former servitude or slavery
16. 1913 power to income tax
17. 1913 Senators chosen by people in an election
18. 1919 Prohibition – manufacturing, distribution and transportation of alcohol illegal
19. 1920 Women’s suffrage
20. 1933 Lameduck amendment – set the presidential and congressional terms of office
21. 1933 Repeals 18th amendment – alcohol legal again
22. 1951 Limits the number of terms and years a president can serve, 2 terms or 10 years
23. 1960 District of Colombia vote for president
24. 1964 Poll taxes are illegal
25. 1967 Presidential disability and succession
26. 1971 Voting age set at 18 years
27. 1992 Salary raises voted in by Congress will not take effect until the next Congressional session