U.S. History Forming a New Nation Mr. Thacker

Chapter 5 Sections – All

I. A Nation Under the Articles of Confederation

A. Article of Confederation

1. Definition – written constitution to govern the unified colonies, loose association of states.

2. Ratification – approved in 1781

3. History behind the Document – last item that the Continental Congress adopted

4. Weakness

a. only one branch

b. no power to tax the colonies

c. Congress and each state could coin money

d. Congress had no power to regulate interstate or international trade

e. Each state, regardless of population had only one vote in Congress

f. 9/13 to approve a measure and 13/13 to amend the A of C

B. Critical Period (1781-1789)

1. What were the problems – difficulty and fear of collapse

2. How critical were the problems – economic problems, the inability to maintain law and order, lost respect of foreign nations and squabbled over boundary disputes

3. Financial problems – mortgages and paying debts

4. Unrest and Rebellion

a. What were the complaints – banks were foreclosing on land and homes (debtors)

b. Shay’s Rebellion – former continental captain, forced closing of state courts, seize federal arsenal in Springfield, and finally put down by Mass. Militia group.

5. Failures of the Articles of Confederation

a. Economics – no real policy to govern the states, no authority to tax

b. Treaties – too many chiefs and not enough Indians

c. Structure (centralization) – steps in the governing process and no final authority

C. Accomplishments of the Confederation

1. End of Revolution and Treaty of Paris

2. Kept the 13 states together

3. Establish foundation for westward expansion

a. Ordinance of 1785 – surveyed and created townships each were 6 square miles, then subdivided into 36 sections each one square mile (640 acres), one section set aside for schools, price/acre = one dollar

b. Northwest Territory – established the territorial governing system and the process to separate a territory into states and the government system.

II. Framing the Constitution

A. Mount Vernon Conference – a convention between Maryland and Virginia to settle disputes over shipping on the Potomac River

B. Annapolis Convention – called after Mount Vernon to discuss commerce and other items, only five state attended

C. Constitutional Convention (Philadelphia) – Congress called a convention to discuss commerce and ways to improve the national government, wanted to revamp the A of C.

III. History of the Constitution

A. Virginia calls for a convention at Annapolis, Maryland to discuss trade (Sept., 1786)

B. Second convention called for in Philadelphia to rewrite the Articles of Confederation (A of C)

C. History of the Philadelphia Convention

1. May, 1787 -- 55 men from the states except Rhode Island

2. Ben Franklin the oldest at 81, average age was 36.

3. George Washington elected as the chairman

4. Twelve men do majority of the work

a. Ellsworth and Sherman of Connecticut

b. Gerry and King of Massachusetts

c. Patterson of New Jersey

d. Morris of New York

e. Wilson of Pennsylvania

f. Rutledge and Pinckney of South Carolina

g. Randolf, Mason, and Madison (36) of Virginia

5. Madison most important (Father of the Constitution) was a very close friend of Thomas Jefferson who was in France. Madison brought over 200 books on governmental systems to the convention, he was a scholar.

6. April, 1787 Madison wrote a lengthy paper entitled "Vices of the Political System of the United States." Madison sighted eleven major flaws in the A of C, among them were "encroachments by the states on the federal authority" and "want of concert in matters where common interest requires it."

“such a modification of the sovereignty as will render it sufficiently neutral between the different interest and factions, to control one part of the society from invading the right of another, and at the same time sufficiently controlled itself, from setting up an interest adverse to that of the whole society. (principle of checks and balances)

7. Madison preferred large diverse republics; therefore no one group could control the proceeding of government.

D. The Constitution

1. Virginia Plan, New Jersey Plan and Compromises

2. Completed in four months May to Sept. 17, 1787

3. 42 delegate's sign, three states refuse because of no Bill of Rights

4. Convention was secret, Madison's' note were not released until after his death in 1840.

5. Constitution was submitted to the States for ratification (9 of the 13)

6. Ratification split the nation into two groups:

Federalist Anti-Federalist

supported apposed -- no B of R

7. Madison, Jay, and Hamilton publish the "Federalist"

8. New York ratifies (promise of B of R) on July 26, 1788

9. Congress meets -- Madison places nineteen amendments before the House of Representatives. Twelve went to the states, two failed, on Dec. 15, 1791 the first ten amendments are added to the Constitution, they are known as the Bill of Rights.

IV. The Constitution of the United States

A. Constitutional Convention

1. Why Philadelphia – central location and was the seat of government during Revolutionary war

2. Why was there a need for secrecy – to much input slows progress and they were changing the gov’t

B. Influences on the Constitution

1. John Locke

2. Montesquieu

3. Rousseau

4. Adam Smith

C. Constitutional Compromise

1. Federal Powers versus States Rights

a. Virginia Plan – bicameral (two houses) based on population and money that each state gave to the government

b. New Jersey Plan – unicameral (one house) based on equal representation

c. Federalism – the relationship between federal and state powers (ladder of law)

d. Compromise (The Great Compromise) put the two plans together with a bicameral legislature, one house based on population and one based on equal representation

2. Representation and Taxation

a. North versus South – slavery was dying out in the north

b. Seeing a split in the 1780s – the seeds to war

c. The Three-fifths Compromise – every five blacks would be counted as three for both representation and taxation

3. Interstate and Foreign Commerce

a. North versus South – manufacturing v. agriculture

b. Tariffs – a duty or tax on imports

c. Commerce Compromise – Congress had the power over imports but not exports

D. Struggle for Adoptions

1. The Federalist

a. What was the issue – ratification of constitution where the nation has more authority then the states

b. Background of the Federalist – men of property and business

2. Anti-federalist

a. What was the issue – loyalty to state or community

b. Background of the Anti-federalist – were fearful of federal encroachment on their civil liberties

3. Issue of Ratification

a. Secrecy -- some people were fearful of a government the was created behind closed doors

b. Electors – ratification was done by state conventions

c. Federal Powers – some felt the power needed to be limited especially in regards to individual rights

d. States Rights – protect state sovereignty

e. Individual Rights – paramount to passing the constitution

4. Federalist Papers and Opposition

a. James Madison --

b. Alexander Hamilton --

c. John Jay --

d. Patrick Henry --

e. George Clinton --

5. Process of Ratification

a. The first and the last (states) --

b. What were the conditions --

c. When did the first Congress meet and what did they do --

V. Features of the Constitution

A. Preamble (write it)

B. Separation of Powers: Three Branches (notes on board)

1. Legislative Branch

a. Duty

b. Structure

2. Executive Branch

a. Duty

b. Structure

3. Judicial Branch

a. Duty

b. Structure

C. Checks and Balances

1. Legislative Checks

a. Appropriations

b. Adm. Agencies

c. Appointments to

d. Impeachment

e. Create courts

f. Impeach judges

2. Executive Checks

a. Veto

b. Appoint Judges

c. Pardon powers

3. Judicial Checks

a. Lifelong appointments

b. Judicial review

4. Checks on the People

a. Terms of Office

b. Electoral College

D. Division of Powers (Federalism)

1. Powers delegated to the Federal government (11 items)

a. levy and collect taxes

b. to borrow money

c. coin money and regulate its value

d. establish post offices and post roads

e. regulate interstate and foreign commerce

f. control seat of national gov’t and protect federal property

g. declare war

h. make treaties with foreign countries

i. raise and support armies and navies

j. establish rules for the naturalization of aliens

k. make law that is “necessary and proper” to carry out the foregoing powers

2. Powers reserved to the States (8 items)

a. provide for a system of education

b. make laws on marriage and divorce

c. to establish voting qualifications

d. provide for local government

e. local laws regarding health, safety and welfare of its people

f. punish crimes within a state

g. regulate business within its borders

h. to construct roads, parks and other public works

3. Concurrent powers (3 items)

a. collect taxes

b. borrow money

c. establish courts

4. Powers denied to the Federal government (3 items)

a. levy taxes on exports

b. favor one state over another

c. suspend writs of habeas corpus except in cases of rebellion or invasion

5. Powers denied to the States (5 items)

a. levy taxes on imports and exports

b. coin money

c. make treaties with foreign countries

d. engage in war unless invaded

e. maintain an army or navy in time of peace (except for militia)

6. Powers denied to both Federal and State governments (3 items)

a. grant titles of nobility

b. pass an ex-post-facto laws

c. pass a bill of attainder (loss of rights w/o a trial)

E. Amending the Constitution (four methods) (see handout)

VI. Bill of Rights

A. First ten amendments (list)

B. Founding Fathers intent