The Constitution of the United States Notes
Part 1The Articles of Confederation
After the American Revolution
•After the war was over, each of the new 13 Statesbegan creating their own state Governments. Some states started to Separate the Powerof their government into different Branches and some governments even listed the rights of people in Bill of Rights.
•All state governments were a Republic. A republican form of government is when people choose Representatives to govern them.
The Articles of Confederation
•During the Revolution, the new United States needed a functioning national government.
•The Continental Congresswanted to model the Government after colonial governments
•They came up with the Articles of Confederation
•States would retain most of the power.
•Founders were fearful of concentrated power due to past experience with the British
A Limited Government
•Articles established a “firm league of friendship” among the states
•Congress would be made up of One Representativefrom each State
•Bills were passed on Nine of thirteen votes
•Amending (changing) the Articles took unanimous consent of the states
Structure of Government
•Unicameral(single house) legislative body
•Each state had one vote regardless of population size
•Congress given sole authority to govern the country
•An executive committee oversaw government when Congress was not in session
•Congress would establish temporary courts to hear disputes among the states
Powers Granted to Government under the Articles of Confederation
•Declare War and make peace
•Make Treaties with foreign countries
•Print, and borrow Money
•Establish weights and measures
•Hear disputes among the states related to trade or boundaries
Powers Denied to Government
•No power to raise funds for an Army or navy
•No power to Tax, impose tariffs, or collect duties
•No Executive branch to enforce laws
•No power to control Trade among the states
•No power to force states to honor obligations
•No power to regulate the value of currency
Accomplishments of the Articles of Confederation
•Ruled over the nation during the Revolutionary War
•Negotiated the Treaty of Paris with Britain in 1783
•Established the Northwest Ordinanceof 1787. Colonies like Virginia had previously claimed all of the land. Now it would be a territory with the possibility of future Statehood
Problems Facing the New Nation
•Trade with foreign nations.
•U.S. no longer the favorite trading partner of Great Britain
•U.S. exports to British ports had to be on British Ships
•Many U.S.-produced goods were barred from British ports
•Britain sent vast amounts of cheap goods to U.S.
•Potential Remedy
•Establish a Tariff on British goods (Weakness of Articles of Confederation preventing this solution)
•Financing the nation. States made their own money.
•Interstate relations. States fought over borders, water, and other things.
Part 2: The United States Constitutional Convention
Shays’ Rebellion
•Daniel Shays was a debt-ridden farmer in Western Massachusetts. He organized famers and petitioned the Massachusetts government for help but the government did nothing.
•When: January of 1787
•Where: Western Massachusetts
•Why: The rebellion started because Farmers in Massachusetts were losing their farms and property due to crushing Debt
•The economy was terrible and the farmers had no money. They wanted the Massachusetts State government to help them, but were taxed instead. If you could not pay your debt or taxes you could be sent to Debtors Prison
The End of Shays’ Rebellion
Importance
•The Articles of Confederation was too Weak! A larger rebellion could have destroyed the Nation
•Shays Rebellion led directly to the United States forming a stronger Federal government by adopting the Constitution.
The Constitutional Convention
•Americans realized by 1787 that the Articles of Confederation was not working.
•A convention of representatives from each state was called in Philadelphia to write a Constitution to fix the problems of the nation.
•It was the summer of 1787
The Delegates to the Constitutional Convention
•The delegates sent by the states to the Constitutional Convention were most of the important “Founding Fathers” of our nation.
•Men like George Washington, Ben Franklin, and James Monroe.
•Most had political experience. 40 had been in the Continental Congress during the Revolution.
•Almost all were Wealthy land owners.
•35 out of the 55 were lawyers. But there were also soldiers, farmers, doctors, ministers, merchants, and educators.
•All were White men. No women or minorities were included.
•12 states sent Delegates. The only state not to send delegates was Rhode Island.
Name the four leaders of the Constitutional Convention Heroes:
- James Madison
- Ben Franklin -George Washington
Legislative Branch Arguments
•One of the biggest arguments at the Constitutional Convention was how the Legislature or Congress would work.
- How would Representation be determined?
- How many representatives would each state get?
•Larger states wanted representation based on Population. Larger the population = the more representatives in Congress.
Two Plans:
Virginina Plan
1) The Legislative Branch would Branch would have Two Houses
2) Both houses would assign representative based on Wealth / Population
New Jersey Plan
1) The Legislature would have One house
2) Each state would have only One vote in the Legislature
•The two sides would Compromise, which means each side gives up something to get an agreement.
•This was called THE GREAT COMPROMISE!
The Congress or Legislative Branchwould have
•A House of Representatives based on Population. Larger the population = more Congressmen
•A Senate where each states gets only 2 Senators.
The Slavery Issue
•Issue: Should Slaves count as population for states?
•This would help southern states get more Representatives in House of Representatives, but this would also mean Southern States would have to pay Taxes on these slaves. Southern states would pay higher taxes because of this than Northern states that had fewer slaves.
•Northern States also wanted the Slave Trade Outlawed
3/5 Compromise (Three-Fifths Compromise)
•The 3/5th Compromise was agreed upon.
•Only3/5thof the population of Slaves would be counted towards population and taxed.
•Southern states would pay less taxes, but have fewer representatives in Congress
Ratifying the Constitution
•States Constitutional Conventions would vote on Ratification for each state.
•Voters within each state would vote for Representatives to send to convention
•State Legislatures not given this right, because many thought they would try to keep the power for themselves.
•Constitution stated that onlyNine states needed to ratify the Constitution
ANTI-FEDERALISTS VS. FEDERALISTS
- Not everyone at these state conventions approved of the new Constitution…
- People Opposed to the Constitution became known as Anti-Federalists
Patrick Henry
George Mason
Supporters of the Constitution became known as Federalists
Some of the most well known Federalists included…
Alexander Hamilton -future Sec. of Treasury. Shaped our countries economy
James Madison -future President
John Jay- future Supreme Court Justice
Federalist Papers
To defend the Constitution, Alexander Hamilton, James Madison, & John Jay wrote a series of essays known as the Federalist Papers
These essays answered each argument presented by Antifederalists.
Over 85 essays were written, most by Hamilton
Still to this day, these essays are considered to be the best explanation and defense of the Constitution
Anti-Federalist Arguments
So why didn’t the Anti-Federalist like the Constitution?
Anti-Federalists expressed many concerns about the Constitution, some are listed below.
Standing Armies in peacetime were dangerous
No Bill of Rightsto protect the liberties of individual citizens
President would be too powerful, could become a king
Federal government will totally control states, state government will collapse
A large Federal government is Costly
Federalist Arguments
In the Federalist Papers, the Federalists answered the concerns expressed by the Anti-Federalist. Some are listed below.
Standing Armies were necessary to our Defense and would be controlled by civilian President, funding and size of army determined by Congress
No Bill of Rights needed, most states have a bill of rights. Why list the rights of people when you could not list them all?
Presidents power is Checked and Balanced by other two branches
A strong Federal government is needed to defend our country, unite states, trade, and produce strong economy
Our new government will be more efficient, reducing some expenses, and additional expenses are necessary to protect the Union and its citizens
Debate, Compromise, and Ratification
After much Debate throughout the states, Ratification began
Some states refused unless a Bill of Rights would be added
Federalists give in and agree to a Bill of Rights
June 1788, New Hampshire becomes ninth state to ratify (constitution is now Official)
Rhode Island becomes last state to ratify in 1790 (trade restrictions were put in place against Rhode Island until they agreed to ratify the Constitution.
James Madison writes ten Amendments to the Constitution, added in 1791 as the Bill of rights.
Vocab:
-Federalism:
A central government that shares power with the states
-Federalist:
Supporters of the Constitution
-Anti-Federalist:
Opponents of the Constitution / Define Republic:
When people choose representatives to govern them
What was the Articles of Confederation?
The government of the United States during and after the American revolution
Define Unicameral:
One house legislature
Define Bicameral:
Two house legislature
Did the United States have a President when it had the Articles of Confederation?
No
How did the United States solve the problems of the Articles of Confederation?
Created the United States Constitution
Define: Debtors Prison
Prison for people who could not back their debts
The delegates had to make a choice. Should they
-Fix the Articles of Confederation.
Or
-Write a new form of government.
Which did they chose?
Write a new form of government
What was the Great Compromise?
It decided how the states would be represented in Congress
What issues was the 3/5th compromise about?
How would slaves be counted for the purposes of representation and taxation
Define Ratify:
To approve or adopt
How many states had to ratify the Constitution before it became law?
Nine
Which group did NOT like the Constitution and didn’t want it ratified?
Anti-Federalists
Which group liked the Constitution wanted it ratified?
Federalists
The issues the Anti-Federalist had all related to the problems caused by what strong government that used to rule the colonies?
British
What did the Federalist agree to add to the Constitution to get it ratified?
Bill of Rights
What is an amendment?
Additions or changes to the Constitution