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