post war governance: the articles of confederation & constitution us history honors -...
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Post War Governance: The Post War Governance: The Articles of Confederation & Articles of Confederation &
ConstitutionConstitution
US History Honors - Libertyville HSUS History Honors - Libertyville HS
Declaration of IndependenceDeclaration of Independence
What do you What do you remember from remember from the webquest?the webquest?
BackgroundBackground April 1775: Rev. April 1775: Rev.
War startedWar started 1776: Continental 1776: Continental
Congress Congress convened in convened in PhiladelphiaPhiladelphia
Declaration of IndependenceDeclaration of Independence ““Committee of Committee of
Five” to draft Five” to draft DeclarationDeclaration Ben FranklinBen Franklin John AdamsJohn Adams Thomas Jefferson Thomas Jefferson
(primary author)(primary author) Robert LivingstonRobert Livingston Roger ShermanRoger Sherman
Declaration of IndependenceDeclaration of Independence
Brainstorm: What was the purpose Brainstorm: What was the purpose of the Declaration of Independence?of the Declaration of Independence?
Mr. Duffy’s purposesMr. Duffy’s purposes Lay out principles of government of new Lay out principles of government of new
statestate Voice independence of 13 colonies from Voice independence of 13 colonies from
EnglandEngland Explain WHY colonies were breaking Explain WHY colonies were breaking
away from Englandaway from England
Declaration of IndependenceDeclaration of Independence
Review the Review the first two paragraphs of the Declaration . . of the Declaration . . . . What is self-evident?What is self-evident? What is inalienable?What is inalienable? Life? Liberty? Life? Liberty?
Pursuit of happiness?Pursuit of happiness? What are the What are the
principles this new principles this new government will government will follow?follow?
Results of the Revolution Political
independence from Britain – Treaty of Paris, 1783
Economic freedom from mercantilism
Social advancement of AMERICANS into positions of leadership
Western migration (more land holders = more voters!)
Religious separation of church and state
Surrender of British at Yorktown, 1781
Map, US 1783
Challenges, post Revolution Economic
British exclude US from trade with Empire
Agr. Prices decline Unemployment in
cities Soldiers unpaid, often
for years Businessmen refused
to trade outside their own state
Political No respect overseas British troops still
occupy American soilImpressment of American Sailor
Government, Post War
Local Government (towns) same as colonial era
State Governments Written constitutions Three branches of gov’t, with house /
senate legislatures Governors w/ limited powers (why?) Right to vote limited (property owner, etc) Rights of people specified by constitution
National Government Second Continental
Congress (1776-81) ran US during war
Articles of Confederation (1781-1789) Formed first national
government First experiment of First experiment of
colonies to have a colonies to have a document governing document governing their interactionstheir interactions
Established a “firm Established a “firm league of friendship”league of friendship”Independence Hall, Philadelphia
Articles of ConfederationArticles of Confederation
Three words to remember about AOC Three words to remember about AOC . . .. . .
ITDIDN’T
WORK
Articles of the ConfederacyArticles of the Confederacy Why didn’t it work?Why didn’t it work?
States maintain their independence and States maintain their independence and sovereigntysovereignty
no reg of interstate trade; no central foreign policyno reg of interstate trade; no central foreign policy Weak central governmentWeak central government
no executive branch; unicameral legis; no national no executive branch; unicameral legis; no national judiciaryjudiciary
no national taxing power; no national currencyno national taxing power; no national currency Difficult to make changes or get things doneDifficult to make changes or get things done
1 vote / state; supermaj (9/13) to pass law, 1 vote / state; supermaj (9/13) to pass law, unanimous to amend AOCunanimous to amend AOC
Accomplishments of AOC
Managed revolution Negotiated Treaty
of Paris (1783) States kept unified
in name during challenges
Passed Land Ordinance of 1785 and Northwest Ordinance of 1787
Signature Page, Treaty of Paris (1783)
Land Ordinance, 1785 Western lands surveyed,
divided into square townships 36 sections each 1 section = 1 square mile (640
acres) Income from one section used to
support public education (RADICAL!)
Land to be sold in 640 acre sections, not less than $1.00 / acre
Money from sales to central government to pay war debt, general revenue
Significance: est/ nat’l policy for sale of Western lands
Encouraged public educationTownships of Lake County, IL
Northwest Ordinance of 1787 Territory to be made into
3 to 5 states When population=5k
Territorial leg. Governor, judges
appointed by Congress When population = 60k
Draft constitution Apply for statehood Equal “in all respects
whatsoever” Major issues
Slavery prohibited in NWT Bill of Rights guaranteed Public education
encouragedAmerica, 1790
Creating the US ConstitutionCreating the US Constitution After the War for Independence ended, After the War for Independence ended,
people agreed that the AOC needed to be people agreed that the AOC needed to be changed (Structural problem, Shay’s changed (Structural problem, Shay’s Rebellion)Rebellion)
Met in Annapolis in 1786 (5 of 13 states)Met in Annapolis in 1786 (5 of 13 states) Met in Philadelphia in 1787 (12 of 13 states)Met in Philadelphia in 1787 (12 of 13 states)
US ConstitutionUS Constitution Document of Document of
CompromisesCompromises Legislature: Legislature:
how composed?how composed? Executive: Executive:
direct or indirect direct or indirect election?election?
Judicial: power Judicial: power + life + life appointments?!appointments?!
Slavery: how to Slavery: how to avoid disunion avoid disunion with South?with South?
At the Constitutional Congress, 1787
Composition of the LegislatureComposition of the Legislature Virginia PlanVirginia Plan
Base representation on Base representation on populationpopulation
Favored big statesFavored big states New Jersey PlanNew Jersey Plan
Base representation Base representation equally, by stateequally, by state
Favored small statesFavored small states Connecticut Connecticut
CompromiseCompromise Bicameral (two chamber) Bicameral (two chamber)
legislaturelegislature
Executive: Direct Election or Executive: Direct Election or Indirect Selection?Indirect Selection?
Why didn’t the Why didn’t the Founders want direct Founders want direct election? (Brainstorm)election? (Brainstorm) Difficulty for nationwide Difficulty for nationwide
vote (distance, travel vote (distance, travel problems, corruption)problems, corruption)
““Favorite Son” (vote for Favorite Son” (vote for local candidate, not local candidate, not best)best)
Fear of direct Fear of direct democracydemocracy
Executive (s)electionExecutive (s)election Why didn’t founders want President Why didn’t founders want President
selected by both chambers of selected by both chambers of Congress?Congress? Political partiesPolitical parties President would owe Congress for jobPresident would owe Congress for job Too much power to CongressToo much power to Congress
Executive (s)electionExecutive (s)election So why the Electoral So why the Electoral
College?College? Requires President to Requires President to
have support across have support across the country, not just the country, not just one regionone region
Contributes to Contributes to political stability of political stability of country by favoring country by favoring two party systemtwo party system
We ARE a federal We ARE a federal system … (50 state system … (50 state elections, plus one elections, plus one election by Electoral election by Electoral College = President)College = President)
Electoral College allocation, 2000
Judicial CompromiseJudicial Compromise United States United States
Supreme Court Supreme Court (USSC) the supreme (USSC) the supreme law in countrylaw in country
BUT Congress creates BUT Congress creates all other courts and all other courts and establishes which establishes which courts get jurisdictioncourts get jurisdiction
And the Executive And the Executive appoints all justices / appoints all justices / judgesjudges
SlaverySlavery New England states New England states
wanted to outlaw wanted to outlaw slavery completelyslavery completely
Southern states Southern states wanted to count wanted to count every slave a every slave a person for person for representation in representation in national legislaturenational legislature
3/5 Compromise Slaves would count as
3/5 a person for purposes of counting population to determine how many House of Representatives a state received
Congress could not pass a law outlawing slavery until after 1808
Fugitive slaves escaping to a non slave state had to be returned to their home state, if captured
Structure of ConstitutionStructure of Constitution
Seven ArticlesSeven Articles 11stst article = powers of Legislative branch article = powers of Legislative branch 22ndnd article = powers of Executive branch article = powers of Executive branch 33rdrd article = powers of Judicial branch article = powers of Judicial branch 44thth article = Relations among the states article = Relations among the states 55thth article = How to amend the Constitution article = How to amend the Constitution 66thth article = Supremacy of National Law; Oaths article = Supremacy of National Law; Oaths 77thth article = Ratification (approval) of article = Ratification (approval) of
ConstitutionConstitution
Structure of Constitution: Separation of Powers (SOP)
The Constitution separates powers of government among three co-equal branches of government
Article I, section I = “All legislative powers herein granted shall be vested in Congress…”
Article II, Section I = “The Executive power shall be vested in a President of the USA”
Article III, Section I = “The judicial power of the US shall be vested in one supreme court . . .”
Structure of Constitution: Checks and Balances (C&B)
Further limits on each branch’s powers are explicit restraints, held by other branches
Idea of framers was to balance the operations of government by dividing power up among branches, to check each other (no one branch had too much power)
Structure of Constitution: Examples of C&B
Congress makes law ...
President declares war...
President enters into treaty…
President names federal judge...
. . . But president can veto!
. . . But Congress must approve AND fund!
. . . But Senate ratifies!
. . . But Senate “advises and consents” to choice!
Distribution of Powers in a Federal System
Express Powers = contained in Constitution Example: Congress’ power to tax (I, VIII)
Implied Powers = reasonably suggested within Constitution Example: Congress’ power to create the Internal
Revenue Service (I, VIII, xviii)
Inherent Powers = belong to national government because it is a sovereign nation Example: Central government’s power to enter into
treaties, control borders
What are Reserved Powers? Powers of the States – all power that doesn’t go to central government as express, implied, or inherent power
Federalist vs. Anti-FederalistFederalist vs. Anti-Federalist Who were the Who were the
Federalists?Federalists? Believed in a strong Believed in a strong
central (“Federal”) central (“Federal”) governmentgovernment
Separation of power Separation of power into 3 equal branchesinto 3 equal branches
No enumerated Bill of No enumerated Bill of Rights (listing rights is Rights (listing rights is dangerous…)dangerous…)
Led by George Led by George Washington, John Washington, John Adams, Ben FranklinAdams, Ben Franklin
Federalists vs. Anti-FederalistsFederalists vs. Anti-Federalists Who were the Anti-Federalists?Who were the Anti-Federalists?
Constitution gave too much Constitution gave too much power to the central governmentpower to the central government
No bill of rightsNo bill of rights Maintenance of an army during Maintenance of an army during
peacetimepeacetime Congress was too strong Congress was too strong
(necessary & proper)(necessary & proper) Executive branch too strongExecutive branch too strong Led by Thomas Jefferson, James Led by Thomas Jefferson, James
Monroe, Patrick HenryMonroe, Patrick Henry
Federalist Papers (1787-88)Federalist Papers (1787-88) With Constitution complete, With Constitution complete,
persuasion began . . .persuasion began . . . Essays published in NYC Essays published in NYC
newspapers during debate to newspapers during debate to ratify Constitutionratify Constitution
Written by Hamilton (52), Written by Hamilton (52), James Madison (28), John Jay James Madison (28), John Jay (5)(5)
Essays outlined how the new Essays outlined how the new government would function government would function under the constitution, and under the constitution, and why this was best for the USwhy this was best for the US
RatificationRatification Constitution completed on September 17, 1787Constitution completed on September 17, 1787 Framers decided only 9 of 13 states needed to ratify Framers decided only 9 of 13 states needed to ratify
ConstitutionConstitution1 December 7,
1787Delaware 30 0
2 December 12, 1787
Pennsylvania 46 23
3 December 18, 1787
New Jersey 38 0
4 January 2, 1788 Georgia 26 0
5 January 9, 1788 Connecticut 128
40
6 February 6, 1788 Massachusetts
187
168
7 April 28, 1788 Maryland 63 11
8 May 23, 1788 South Carolina
149
73
9 June 21, 1788 New Hampshire
57 47
10
June 25, 1788 Virginia 89 79
11
July 26, 1788 New York 30 27
12
November 21, 1789
North Carolina
194
77
13
May 29, 1790 Rhode Island 34 32
Date State Yes No
Upon 9th ratification,elections set so government could start operations on March 4, 1789
Civil Liberties in Constitution Prohibited ex post
facto laws laws that punish acts
that, when committed, weren’t criminal
Prohibited bills of attainder Law that punishes
person who did not have a trial in a court of law
Guaranteed habeus corpus Protect against illegal
detention Person must be told why
they are being held
Bill of RightsBill of Rights Federalists did not Federalists did not include a list of rights include a list of rights of citizensof citizens
This was Anti-This was Anti-Federalists’ best Federalists’ best argument against argument against ratificationratification
Several states Several states demanded a bill of demanded a bill of rights as a condition rights as a condition of ratification (Mass., of ratification (Mass., NH, VA, NY, NC)NH, VA, NY, NC)
Signing the Constitution, 1787
Bill of Rights First Congress met in
1789 James Madison, a
Federalist, wrote the Bill of Rights
Madison wrote 12 amendments; 11 were ratified (first 10 amendments ratified by 1791; 27th Amendment, limiting congressional pay raises, ratified in 1992)
James Madison
Copy of Bill of Rights