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Creating a Republic(1776-1790)

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Chapter SettingBenjamin Rush’s words were spoken in January 1787. It reflected many Americans’ feelings on the American Revolution. Rush was a respected doctor that set up the nations first free clinic.

Benjamin RushThomas Paine

“The American war is over: but this is far from being the case with the American Revolution. On the contrary, nothing but the first act of the great drama is closed. It remains yet to establish and perfect our new government,”

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With the signing of the Declaration of Independence and the Treaty of Paris their now was a need to set up a form of government for the American people.

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In July, 1776, the Continental Congress set about to set up and organize a new national government.

1. A Confederation of States

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State ConstitutionsDuring the Revolution most states wrote their own Constitutions. A constitution is a document that sets out the laws and principles of government. States wanted a constitution for two reasons.First, it would spell out all the rights of all citizens. Second, it would set limits on the power of the government.

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The state constitutions also expanded the right to vote. Now under the constitution you could vote if you were a white male over the age of 21.

In a few states women and free African Americans could vote.

Susan B. Anthony and Elizabeth Cady Stanton

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In 1786, only two of the original thirteen states (Georgia and South Carolina) expressly restricted voting privileges to the eligible white population.

The U.S. Constitution, written in 1787, recognized the authority of the states to define the right to vote. Between 1776 and 1860, about one-third of the states permitted voting by free African-American adult males.

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Although the states have formed 13 separate governments, the Continental Congress drafted a plan for the nation as a whole. In order for America to be successful all of the states must be united by a national government.

Forming a National Government

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The states were unwilling to turn over their power to a national government.

After many debates, the Continental Congress completed the first American Constitution, The Articles of Confederation.

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4. Congress could declare war, appoint military officers, and create and coin money.

Under the Articles of Confederation:1. All states agreed to send delegates to a congress to

vote on proposals2. Congress would pass the laws, but at least 9 of the

13 states had to approve of the law before it could pass.

3. Congress could not impose taxes, regulate trade, or settle disputes between states (no courts)

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The first dispute arose over the Articles of the Confederation. All the states ratified the Articles with the exception of Maryland. They disputed of the land between the Appalachian Mountains and the Mississippi River. Virginia and some other states claimed all the land to the West. Soon afterwards, one state at a time gave up their claims to the western lands.

Disputes Over Western Lands

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By 1783, the United States had won their independence. The biggest problem that the states faced was money. As a result of borrowing during the Revolution, the United States owed millions of dollars. It had no way to pay its debts. Under the Articles of Confederation, Congress would ask states for money to repay these debts. However, the states had the right to turn down the requests of Congress.

Serious Charges Over the Articles of Confederation

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During the Revolution Congress solved their problems by printing paper money. This paper money was called Continental dollars. Without gold or silver to back up the paper money, the paper money had little or no value. As the Continental dollars became worthless the states printed up their own paper money. The problem with this was that most states refused to accept money from another state. How would you feel if you needed a different type of currency every time you traveled to another state? .

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A farsighted Policy for Western Lands

Settlers in the western lands posed still another problem. The Articles of the Confederation said nothing about admitting new states to the United States. Congress saw a great need for a local government in the western lands or Northwest Territory as thousands of settlers moved there. To meet this need Congress passed two laws. Here are the two laws:

Geography and History

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In time five states were carved out of the Northwest Territory. The new states were Ohio, Indiana, Illinois, Michigan and Wisconsin.

Land Ordinance of 1785

Northwest Ordinance

• Land Ordinance of 1785- this law set up a system for settling the Northwest Territory. The law called for the territory to be divided into sections or townships.

• Northwest Ordinance- This law set up the government of the Northwest Territory. This law also outlawed slavery in these lands. When the population in a territory or section reached 60,000 they can apply to the United States to become a state.

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After the Revolution, the nation suffered an economic depression. An economic depression is a period when business activity slows, prices and wages fall, and unemployment rises. The depression hit the farmers hard.. They borrowed money to buy more land, seed and animals during the A.R. After the A.R., the demand for farm goods fell. Many farmers could not repay their loans!! The banks and courts seized the farms of the people that did not repay their loans.

A Farmers Revolt

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In 1786 , the farmers were determined to save their farms. Daniel Shays, a former farmer gathered 2,000 farmers and led them into a rebellion attacking court houses and preventing the sale of their property for payment of debts. When they tried to raid a warehouse full of rifles and gunpowder ,the Massachusetts army drove them off. This uprising was called Shays' Rebellion.

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George Washington spoke out on behalf of the farmers. He felt that the Articles of Confederation had to be changed to help meet the needs of the farmers during this crisis. On May 1787, the leaders of several states met to discuss this issue in a convention.

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The convention was called the Constitutional Convention was held in Philadelphia. Among the delegates to the convention was a 36-year-old, short and thin man. He was James Madison. James Madison was the youngest and most prepared man at the Constitutional Convention. Madison kept a full and clear record of the proceedings. Benjamin Franklin, at age 81, was the oldest man at the convention.In the hot summer of 1787, the framers of the Constitution created a strong and enduring government.

2.A Grand Convention

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Soon after the meetings began the delegates decided to do more than revise the Articles of Confederation. They decided to instead write a brand new constitution for the nation. Many delegates disagreed what form this government should take. Edmund Randolph and James Madison, both from Virginia, made a proposal to the Convention. The plan was called the Virginia Plan. The plan called for a strong national government with three branches:

James Madison

Edmund Randolph

Hopelessly Divided

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• The Judicial Branch or system of courts decides if the laws are carried out fairly.

• The Legislative Branch of government passes the laws.

• The Executive Branch of government carries out the laws.

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The Virginia Plan also called for a two-house legislature. Seats to each house will be awarded based on population.

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Many small states objected strongly to the Virginia Plan. Large states could easily outvote small states. After two weeks of debate, William Patterson, of New Jersey presented a new plan called the New Jersey Plan. Under the New Jersey Plan, the legislature would only have one house. Each state no matter the size of the population would have only one vote in the legislature. The two sides were deadlocked.

William Patterson and Roger Sherman

A delegate named Roger Sherman, of Connecticut, worked out a compromise between the large and small states.

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The members of the upper house known as the Senate would have two senators per state no matter what the size of the state. On July 16th the delegates approved the plan. It became known as The Great Compromise.

The Senate

House of Representatives

Sherman’s compromise called for a legislature with a lower and upper house. The Lower House was known, as the House of Representatives would have representatives based on that state’s population.

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The issue of slavery was also raised at the convention. Southerners wanted to include slaves in the population count but they did not want to let them vote. If the slaves were counted, the South would have a majority of representatives.Northerners protested, they said if they could not vote they could not be counted. They did not want the South to have a majority of the representatives. They agreed that three fifths of the slaves would be counted. In other words, if a state had 5,000 slaves, 3,000 of them would be counted in the state’s population. This was called the Three-Fifths Compromise.

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Northerners and Southerners also disagreed on another issue relating to slavery. By 1787, some northern states banned the slave trade within their borders. They wanted the new Congress to ban the slave trade in the entire nation. Southerners warned that if the slave trade was banned it would ruin the southern economy.

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The Slave Trade

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In the end, the two sides compromised. They said: Congress could not outlaw slavery for at least twenty years. Northerners agreed that no state could stop a fugitive slave from being returned to an owner who claimed him/her.

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Finally, on September 17, 1787, the Constitution was ready. The delegates one by one signed the Constitution. They had done something remarkable. In just a few months, they had set up the framework for a lasting government for our country. At the end of the Convention, a Republic was set up. A republic is a nation in which voters elect representatives to govern them.

Signing the Constitution

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Many ideas from the Constitution were inspired from other sources. Here are some of the ideas that shaped the Constitution.

Ideas that Shaped the Constitution

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• Ideas from Europe- Ideas limiting the power of a ruler came from the Magna Carta in England.

• The League of the Iroquois-early American leaders were inspired by the Iroquois system of government. The League of the Iroquois was a model for unity. The Indian nations governed separately but joined in unity in their defense.

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• Montesquieu- In 1748 Montesquieu published The Spirit of the Laws. In it he said that the power of government should be divided among three branches: legislative, executive and judicial. This was designed to keep any person or group from gaining too much power. This idea became known as the separation of powers.

Montesquieu also said that the powers of government should be clearly defined.

John LockeMontesquieu

• John Locke- In 1690, John Locke published Two treaties of Government. He stated in this work that all people had the natural rights to life liberty and property.

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Under the old Articles of Confederation, the states had more power than Congress. With the new Constitution, the states gave up some of their power to the national government. The division of power between the states and national government is called Federalism.

A Federal System

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• Under the Constitution, states have the power to regulate trade between their borders. The states decide who can vote in elections. The states have the power to establish schools and local governments.

Under the Federal system the following rules of power apply:

• The Constitution spells out the powers of the Federal Government. For example, the Federal Government can coin money or declare war.

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1. The Legislative Branch- Congress is the legislative branch of government. It is made up of the House of Representatives and the Senate. The main function of the legislative branch is to make laws. The legislative branch has the power to collect taxes and the power to regulate foreign and interstate trade.In foreign affairs Congress has the power to declare war and to “raise and support armies.”

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Separation of PowersThe Constitution set up three branches of government. They defined the powers of each branch. Here is the power each branch is assigned:

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2. The Executive Branch- The Executive Branch is headed by the President. The Executive Branch also includes the Vice-President and any advisors appointed by the President.The President is responsible for carrying out all the laws passed by Congress. The President is also the commander and chief of the armed forces and is responsible for all foreign relations.

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3.The Judicial Branch- Article 3 of the Constitution calls for a Supreme Court and other federal courts. These courts hear cases that involve the Constitution and any laws passed by Congress. They also hear cases arising between two or more states.

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Delegates wanted to be sure that the President would not become too strong. Delegates also wanted to know how a voter would get to know a candidate if they lived far away. To solve these problems, delegates set up the Electoral College. The Electoral College would be made up of electors from every state. Every four years, the electors would meet as a group and vote for the President and Vice-President of the United States. The founders of the Constitution felt that the well-informed citizens familiar with the national government would be able to choose a President and Vice-President wisely.

Electing a President

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The Constitution set up a system of checks and balances. Under this system, each branch of the government has some way to check, or control the two other branches. This is also another way that the Constitution limits the power of government.

A System of Checks and Balances

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• Congress can then check the President by overriding, or overruling, the president’s veto.

Checks on Congress

• The President can check the power of Congress by vetoing, or rejecting a proposed law (or bill.)

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• Congress has the power to remove a

president from office if they find the President guilty of a crime. When a President is charged with a crime or misbehavior it is called an impeachment.

2. Checks on the President

• The President has the power to appoint officials in our government. However, the Senate must approve his appointments.

• The President can approve a treaty from another nation, but the Senate must approve it by a two-thirds majority vote.

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• If a judge misbehaves Congress can remove them from office.

3. Checks on the Courts

• The President and Congress have checks on the courts. The President appoints the judges in the courts but the Senate must approve them.

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At home in the town squares, Americans discussed the Constitution. Many people supported it. Many others did not. The convention was over. Now the states had to decide whether or not to ratify this new frame of government.

4.Ratifying the Constitution

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The Constitution was sent to George Washington for his examination. He called upon Congress to support the plan. In order for the document to be ratified (or accepted) nine of the thirteen states had to agree with it. In every state there were debates over the Constitution.People that supported the Constitution were called Federalists. The people who opposed the Constitution were called Antifederalists.

Federalists

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The Antifederalists were against the Constitution because it did not have a Bill of Rights. The Bill of Rights would spell out the basic freedoms (or rights) for all of the American people. The states then held a vote and one by one, the states voted to ratify the Constitution. In June 1788, New Hampshire became the ninth state to ratify the Constitution. Now the new government could go into affect. By 1790, the last state of Rhode Island approved the Constitution. The people celebrated in festive parades and parties. Americans then voted in George Washington as the first President. John Adams was elected the first Vice-President. New York City became the nation’s first Capital.

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The first Congress quickly turned its attention to adding the Bill of Rights. They also set up a way to amend, or change the Constitution. They wanted the Constitution to change as the times changed. They called the changing of the Constitution the Amendment Process.

Adding a Bill of Rights

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•To start the amendment process, an amendment must be proposed. This can be done in two ways. Two thirds of both houses of Congress can vote to propose an amendment. Or two thirds of the states can request special conventions to propose the amendments.

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The Amendment Process

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• In more than 200 years since the adoption of the Constitution, only 27 amendments have been approved. Ten of these were added in the first years of the Constitution.

19th Amendment:

Woman’s Suffrage

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• Next the amendment must be ratified (or accepted.) Three fourths of the states must vote for the amendment before it becomes part of the Constitution.

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The first ten amendments to be approved were called the Bill of Rights. The Bill of Rights assures that the government does not take away the peoples basic rights.

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