Chapter 10

“Forming a New Government”

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Lesson 1: A Weak Government

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The Articles of Confederation

• New country = new laws• We do not want

government to be too powerful.

• A confederation is a group or league.

• The Articles of Confederation was the new plan for the new federal government.

• States would be joined in a “firm league of friendship.”

• This plan could not take effect until all 13 states ratified (approved) it.

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What Did the Articles Say?

• Congress is the main governing body.• Congress would make the laws.• They could not force people to pay taxes to fund the

government. They could only ask.• Each state had only 1 vote in Congress.• To pass a law, 9 out of 13 states had to agree to it.

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Weaknesses of the Articles of Confederation

• One branch government (legislative) passes all the laws (no executive to carry out laws and no judicial to interpret laws).

• Could not pass laws to collect taxes to fund government• Congress and each state could print its own money.

(different money=different values).• Congress’s paper money became almost worthless

because of inflation (when money does not buy as much as it used to).

• Congress could not pass laws dealing with trade.

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• Other countries thought or hoped the new nation would fail.

• A change was definitely needed.

• “If the powers of Congress are inadequate [not strong enough], amend or alter [change] them.” George Washington

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Shay’s Rebellion• When states borrowed money to fight the Revolutionary

War, they were able to tax people on their property to repay their debts.

• When farmers could not pay, their farms were seized or threw farmers in jail.

• Daniel Shays—Angry farmer, Revolutionary War veteran (Bunker Hill, Ticonderoga, and Saratoga), given a ceremonial sword to honor his service which debt had forced him to sell.

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Northwest Ordinance of 1787• Ordinance—an official order• Northwest Ordinance of 1787--

– commanded that the newly-gained Northwest Territory be divided into smaller territories

– Described the steps for territories to become states

– Prohibited slavery in the Northwest Territory– Promised: freedom of speech, freedom of religion,

and trial by jury – Stated that public schools would be established

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Steps to becoming a state under the Northwest Ordinance of 1787:

1. Congress names a governor

2. Congress names three judges to govern the territory

3. When the population reaches 5,000 free adult males, the territory elects a legislature.

4. When the population reaches 60,000 adult makes, the territory can petition (ask) to become a state.

5. Congress ratifies the petition and a new state is added.

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Lesson 2: Debate in Philadelphia

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Constitutional Convention

• Met in May 1787 to revise the problems of the new government.

• In the end, the Articles of Confederation was replaced by the Constitution

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James Madison • One of the youngest members of the

Continental Congress

• A leading nationalist

• His notes from the meetings are the most complete record.

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Alexander Hamilton• Military aide to Washington when he was

in his teens during the Revolutionary War

• Well-known lawyer with strong opinions of how government can and should work.

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George Washington

• Unanimously elected to lead the convention.

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Secret Meeting: Shhh!.. We’re Writing the Constitution• The meeting was in secret in order for the

delegates to speak freely and to change their minds– Guards were placed at the doors– Windows were nailed shut– Gravel was spread on the street outside to

quiet street noises

The building still stands and is called Independence Hall

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2 PlansThe Virginia Plan The New Jersey Plan

Congress be given GREATER power over the states

All states (large or small) would have an equal number of representatives in Congress

Should have an executive branch (with a president) to carry out laws created by Congress

Larger states did not like the idea of smaller states having equal representation in Congress.

Should have a judicial branch to interpret the laws passed by Congress

States with larger populations (like Virginia) should have more representatives in Congress than smaller states

Smaller states did not like the idea of larger states having more representatives.

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Compromise!• Compromise—each side gives up

something to reach an agreementRoger Sherman of Connecticut suggested that Congress should be made up of not just one part but of two parts, called houses.

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Senate House of Representatives

Each state 2 senators

Number of representatives are determined according to population

Came to be known as “The Great Compromise”

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What about slavery?• Should slaves be counted with the

population?– South-”Yes,” because it would increase

population which would increase representation in the southern states and “no” when being taxed

– North-”No”

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Three-Fifths Compromise• Enslaved people would

be counted as part of a state’s population for both representation and taxes.– 3/5 of the slaves would

be counted– Only 3 out of every 5

would count– 50,000 slaves =

30,000 slaves counted

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Compromise Over Slave Trade

• Northern delegates decided they would take no action against importing slaves for 20 years

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Constitution• Preamble—(introduction)

– “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

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The Federal (National) Government According to the

Constitution

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Examples of Powers Only for National Government:Make laws about trade with other countriesProduce coins and paper money

The Constitution leaves many powers to the state governments which are called reserved powers.

The Constitution also divides the government into 3 branches:1. Legislative Branch—Congress2. Judicial Branch—Court System3. Executive—headed by the President

Who Has the Power?• Answer—ALL 3 Branches

– Each branch has its own set of powers– To keep any one branch from getting too powerful,

a system of checks and balances is implemented.• Check and balances—

– Congress—can pass laws, but the President can veto (cancel) it and Supreme Court can determine it unconstitutional (not in the Constitution). Congress can overturn the President’s veto if members of Congress vote again and have 2/3 in favor.

– Each branch “checks” the other in order to keep the power “balanced.”

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Powers of the National Government

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September 17, 1787• Delegates were weary as they met to sign the

final copy.• Benjamin Franklin—”I consent…to this

Constitution because I expect no better and because I am not sure that it is not the best.”

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Lesson 3: Ratifying the Constitution

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Federalists/Antifederalists

• Federalists—Wanted a strong national government and supported the Constitution

• Antifederalists—Did not want such a strong national government and opposed the Constitution

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Federalists

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James Madison–one of the main authors of the Constitution—later becomes 4th US President

Alexander Hamilton--delegate of the Constitutional Convention--later becomes 1st Secretary of Treasury

John Jay--later becomes the 1st Chief Justice of the Supreme Court

These men wrote a series of essays supporting the Constitution called The Federalist.

The

Fede

ralis

t

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Antifederalists

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George Mason

Patrick Henry

Samuel Adams

They opposed the Constitution.

They were afraid the Constitution would reduce the power of the states.

They also believed the Constitution did not protect certain rights of the citizens such as freedom of religion, speech, the press, trial by jury, etc.

Bill of Rights• 10 Rights (amendments)

added to the Constitution to guarantee each citizen certain freedoms.

• After promising this document, many states began to ratify the Constitution.

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First Amendment • Freedom of religion, speech, of the press,

right to assemble peacefully, and voice complaints to the government.

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Second Amendment• Protects the right to own and bear

firearms.

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Third Amendment• Government cannot force people to house

soldiers during peace time.

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Fourth Amendment• Protects people from unfair searches and

seizures of property.

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Fifth Amendment• No one can be deprived of life, liberty, and

the pursuit of happiness without the decision of a court of law.

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Sixth Amendment• Right of a trial by a jury in most criminal

cases.

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Seventh Amendment• Guarantees the right to a trial by jury in

most civil cases.

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Eighth Amendment• Prohibits very high bail, fines, and extreme

punishments

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Ninth Amendment• The rights of people are not limited to

those listed in the Constitution.

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Tenth Amendment

• Powers not granted to the Federal government are left to the states and the people.

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