The War is Won……Now What?

Fortunately, prior to winning the war the Second Continental Congress agreed that they needed a government system in place when the war was over.

They began in 1776 around the time of the signing of the Declaration of Independence!

What type of government did they create?

After experiencing the perceived abuses of Great Britain, colonists were fearful that a government with strong powers would also become abusive.So they created…..

The Articles of Confederation It was finished being drafted on November 15, 1777…but it was not ratified until March 1, 1781!

The Articles of Confederation(established 1777)

Very loose union of the 13 States “…a firm league of friendship with each

other…”

Unfortunately the fear of a

strong government

created a very weak system

under the Articles of

Confederation.

What were the weaknesses?No common currency or trade regulations!• The United States did not have a common currency.

• Americans carried money from the federal government, state government, and foreign nations.

• Arguments between states over taxes and trade were frequent with no one to mediate!

What were the weaknesses?No ability to tax….but lots of debt from the war!• Congress could not tax the people and depended on money

from the states.

• Therefore, the U.S. was unable to pay its debts!

Examples:

- The U.S. owed money to France, Holland, and Spain for loans made during the Revolutionary War.

- The U.S. had not paid many of their own soldiers!

What were the weaknesses?No standing military…..could not defend citizens in international or domestic disputes!

• The U.S. lacked military power and a way to fund it!

• States acted as individual countries and seldom agreed.

Examples: - Connecticut and Virginia almost went to war over land claims!

Arguments with Spain and Great Britain could not be resolved!

What were the weaknesses?

No Executive Branch!

• The nation did not have a President, or Chief Executive.

What were the weaknesses?

No Judicial Branch!

• The nation lacked a national court system.

What were the weaknesses?

Unicameral – Equal Vote - Legislative Branch!

• Laws were difficult to pass, 9 states must approve (3/4).

• Each state had one vote in Congress, regardless of size.

•Amendments required unanimous agreement.

Weakness Problem CausedNo executive branch

No judicial branchNo power to tax

No common currency

No power to regulate commerce

9 of 13 states had to approve any law before it could be passedCongress could not force states to meet military quotas

Weaknesses of the Articles of Confederation

A Congress depended on states to enforce its laws, which they rarely did

C National government depended on states for funds

B Lacked power to settle disputes between states

D States issued their own money; value of money differed from state to state

E States set their own trade laws; laws were often in conflict

F Most laws were difficult to enact

G National government could not draft soldiers to form a standing army

Some things were successful

under the Articles of Confederation!

OK….One Thing…The Land Ordinance of 1785

Divided Midwestern territories into squares (townships and ranges)

Gave Western land for $1 (One) dollar an acre People move west and expand the US!

Others were NOT!

Daniel Shays An Angry, Overtaxed in debt farmer from Massachusetts

Shay’s Rebellion(August 1786 – January 1787)

He led a failed attack on Boston This showed the Founding Fathers the

weaknesses of the Articles

How can we fix this weak……helpless government?

Call a meeting… of course!

The Constitutional Convention was held to address the weaknesses of the Articles of Confederation.

So…do we amend the Articles……or create a new document?

Philadelphia State House(Summer of 1787)

The Goal of the Constitutional Convention.... …to create a govt. based on Federalism

shared power between the States and the Federal governmentThe US

Constitution is drafted after much debate……………and

compromise!

James Madison

The “Father of the Constitution” led debates kept notes

George Washington The “Chairman” aka “President”

Very respected after the war lent prestige to the event rarely debated…often mediated

We still wanted to make sure that the government did not get toooooo strong!

Separation of Power among three branches with numerous checks and balances. Legislative Executive Judicial

Balance of Power between the federal government and the states.

Conflicts and CompromiseConflict #1

How should representation in Congress work????

Large states and small states have a different idea!

VS.

The Virginia Plan Madison’s idea

Favors states with large populations Congress should have two houses, both based on

state pop.

The New Jersey Plan Small State plan

Keep Congress as one house

1 State, 1 Vote….just like the Articles of Confederation

The Great Compromise(The Connecticut Plan)

(July 16, 1787)

Senate (2 reps. per State) The House (rep. based on Pop. Size)

Conflicts and CompromiseConflict #2

Are slaves to be counted in the population??? Should the USA stop slave trade all

together????

The 3/5ths Compromise(August 1787)

For every 5 slaves 3 will be counted in the population

No talk of the slave trade for 20 years - till 1808

Let’s Review…The US Constitution

Federal law is the supreme law of the land. States govern themselves, except for things

necessary for all of the states. Power is balanced between large states and

small states with a bicameral legislature. Three-fifths of slaves were counted in the

population. Power is separated among the three branches

of the government.

There were many other documents created around this time…..

….all designed to prevent the abuses of the British government from ever

happening again!

Virginia Declaration of Rights (1776) George Mason drafted it It promoted the idea of people’s natural rights

speech, press, etc.

Virginia Statue forReligious Freedom (1779)

Thomas Jefferson drafted it There would be no official church of the state No taxes would be used to pay the for the church

Did everyone agree????....of course not!!

Some preferred to revise the Articles of Confederation and were afraid that the new Constitution created a federal government that had the ability to infringe upon the rights of individuals.

Others felt that the new Constitution had the proper checks and balances in place to prevent the federal government from infringing upon individual rights.

Federalists A strong government is

necessary to promote economic growth and advancement of our new nation.

The Constitution would allow for this and it can be altered to accommodate the changes that time will bring.

James Madison, George Washington, Alexander Hamilton, and John Jay

Anti-Federalists A strong government was not a

necessity, states were better equipped than a central government to establish the most appropriate laws for their unique populations.

The Constitution would be destructive to the rights of individuals and the prerogatives of each individual states.

Patrick Henry, George Mason, Thomas Jefferson, James Monroe and Samuel Adams.

Compromise……Again! Both groups published persuasive articles like the

“Federalist Papers” and the “Letters from a Federal Farmer” to encourage citizens to take a side on the issue of ratifying the newly drafted Constitution.

Ratification was finally insight when the Federalists agreed to amend the Constitution once ratified by adding a Bill of Rights to protect the rights individuals and states.

The Bill of Rights Amendment I - Congress shall make no law respecting an establishment of religion, or prohibiting the

free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment II - A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment III - No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV - The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V - No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI - In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

Amendment VII - In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Amendment VIII - Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX - The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X - The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people