> By 1776 most states created new state constitutions to replace the colonial government
> Most states divided the power into two branches
> Legislative – lawmaking branch (most states had a bicameral or two house legislature)
> Executive – Carried out laws. Led by a state governor. Governors were very weak.
> White property owners were given full rights.
> Rights varied from state to state.
> Many thought it difficult to declare “all men are created equal” in a society with enslaved people
> Some states questioned slavery.
> By 1804 all states north of Maryland passed laws freeing all African American slaves.
> Continental Congress created a national constitution named the Articles of Confederation on Dec. 15, 1777, but it required all states to ratify (approve) it.
> Not ratified until 1781 b/c Maryland refused to ratify it due to land claim disputes in the west.
> Virginia claimed large amounts of land in the west and Maryland felt that this made them to powerful.
> Articles of Confederation was the first constitution of the United States of America
> Was a loose affiliation of the states but did not create a strong central government b/c the people feared one.
> Congress had these rights:
> Declare War, Raise army and navy, make treaties, borrow money, establish postal system, and conduct business with Native Americans and other countries.
> Weaknesses:
> Could make laws but couldn’t enforce them.
> No Court System
> Each state had one delegate regardless of size or pop.
> Could wage war, but did not have any money to finance the war
> National Govn’t received money through state donations.
> In the 1780’s and 1790’s many Americans moved westward.
> Congress passed the Land Ordinance of 1785. They divided lands north of the Ohio River into Townships. Each township had 36 sections. Congress sold each section for $1 per acre.
> Northwest Ordinance, passed in 1787, made provisions to govern this land. It said:
> At lease 3 but no more than 5 territories would be made.
> A governor and 3 judges would run the territory until 5,000 white males lived there. Then they could have a territorial legislature.
> When pop. was 60,000 they could write a constitution and petition Congress to become a state.
> This was the first time that a nation provided a system for its colonies to one day become equals.
> After the war the U.S. economy dropped.
> U.S. owed millions of dollars to other nations and individuals, but Congress did not have the power to tax the people, so it had no money to repay these debts.
> Continental money was worthless b/c it was not backed by gold or silver.
> Every state had their own currency and no one knew the proper value of it & some states would not accept other states currency.
> Many states resorted to bartering, or trading goods as currency.
> Also, Great Britain banned Americans from trading in the West Indies and many British ports.
> Demand for food dropped after the war and many farmers could not pay their debts. Many lost their farms and were sent to prison.
> In Massachusetts in Sept. 1786 Daniel Shays, a farmer, led a rebellion.
> In early 1787 he marched 1,000 farmers toward an arsenal at Springfield. Massachusetts militia killed the rebellion.
> Shays Rebellion raised concerns about the Articles of Confederation. They did not work and America looked like it would collapse
> State leaders called a convention to rewrite the Articles of Confederation.
> Delegates from 12 of 13 states met in Philadelphia in May 1787 to revise the Articles of Confederation
> Men became known as the “Founding Fathers”
> Most delegates were state political leaders
> George Washington was chosen as President of the Convention
> James Madison was the most prepared of the Delegates and kept detailed notes (the best record that we have of the Convention). He is known as the “Father of the Constitution” b/c of his ideas and input.
> It was agreed that the details of the Convention would be secret
> It was also realized that the Articles could not be revised. A new Constitution was needed
> James Madison created this plan for Government
> Called for a strong National Govn’t with 3 branches
> Legislative – lawmaking body
> Executive – carried out laws
> Judicial – determined if laws are carried out fairly
> Legislature would be two house system with representation based on population.
> Small states opposed this b/c they wanted equal representation (like the Articles)
> President and Judges would be chosen by Congress
> President would have a veto power, but Congress could override it.
> Small states countered with the New Jersey Plan
> Also called for a 3 branch Government, but Congress would have one house with equal representation.
> Large states supported the Virginia Plan
> Small states supported the New Jersey Plan
> Debate raged for two weeks and the Convention almost fell apart.
> A committee was formed, led by Benjamin Franklin, to solve the problem.
> They proposed:
> Two house Congress. Upper House (Senate) would have equal representation. Lower House (House of Representatives) would have representation based on population
> This compromise narrowly passed on July 16, 1787
> Debate began over whether or not slaves should count towards population
> Southern states wanted slaves to count for representation, but not for taxes
> Northern states did not want slaves to count for representation, but did want them to count for taxes
> It was agreed that Three-Fifths of slaves would count for both.
> On Sept. 17, 1787 a final draft of the Constitution was signed by 39 of the delegates.
> It was submitted to the states. 9 of the 13 states had to ratify it before it went into effect.
> Most of the delegates were not completely pleased with the final draft.
> Big difference between the Articles and the Constitution was the strong national government
> Debate began as to who should have more power, the state or the national government.
> Division of power between the state and national government is called Federalism, therefore the national government became referred to as the Federal Government
> Under the Constitution, the National Government had more power, but the states were given certain powers
> When the National Government and states disagree, the Constitution is the law of the land
> Constitution made a strong central government, but keeps it from becoming to strong by separating powers into 3 branches
> Legislative Branch
> Executive Branch
> Judicial Branch
> Main duty is to make Laws
> Two houses
> Lower House is the House of Representatives
> Members are called representatives and serve two year terms.
> Representation is based on population
> Upper House is called the Senate
> Members are called Senators and serve six year terms
> Representation is equal (all states have two)
> Main duty is to carry out laws
> Includes the office of the President
> President is the:
Chief Executive Officer of the country
Commander in Chief of the Armed Forces
> This branch also includes the Vice President and all advisers
> Main duty is to interpret laws
> Contains the Supreme Court, which is the highest court in the land.
> Here cases that involve constitutional rights, disputes between states, and laws passed by Congress
> Electing the President was not a right given directly to the people
> The Constitution created an Electoral College.
> Electors represent voters in each state.
> Number of electors from a state is the number of Senators and Representatives combined.
> Checks & Balances is a safeguard created in the Constitution that prevents one single branch from having too much power.
> This means that each branch controls certain things.
> For example:
> Congress passes bills, but they do not become law until the President signs them into law.
> The President has the power to create treaties with other countries, but they must be approved by the Senate.
> Etc.
> The Framers agreed that 9 of the 13 states needed to ratify the Constitution before it took effect.
> Debates and votes were held in each state.
> Those favoring the Constitution were called Federalists.
> Those opposing it were called Anti-Federalists.
> Most famous Federalists were James Madison, Alexander Hamilton, and John Jay.
> These men used pen names and wrote a series of essays that supported the Constitution. The essays were called the Federalist Papers.
> Most famous Anti-Federalists were John Hancock, Samuel Adams, and Patrick Henry. They felt that the Constitution took too many rights away from the people and the states.
> They wanted to keep the Articles of Confederation
> To sway the vote of many Anti-Federalist, Federalists agreed to add a Bill of Rights to the Constitution guaranteeing certain rights to the people.
> By June 1788, nine states ratified the Constitution and it went into effect.
> All states ratified it by 1790.
> The First Congress under the Constitution created 12 amendments to the Constitution
> The first 10 amendments guaranteed certain rights to the people and the states. These amendments are known as the Bill of Rights.