CH 5 NOTES

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CH 5 NOTES

• FORMING A GOVERNMENT

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Ideas about Government

• Declaring independence was a bold move
• Next step was to create new government
• They would gather ideas from many sources

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• They took ideas from
• The English Bill of Rights
• Magna Carta
• John Locke
• The Mayflower Compact
• British Parliament
• Virginia Statute for Religious Freedom

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State Constitutions

• Were created to keep individual leaders from
  gaining too much power
• Protected rights of citizens
• Some banned slavery
• Some protected those accused of crimes

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Articles of Confederation

• Strengths
• Congress could settle conflicts among states
• Make coins
• Borrow money
• Make treaties with other countries
• Make treaties with Native Americans
• Ask states for money and soldiers

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• Weaknesses
• Most power was held by the states
• Only one branch of government
• Legislative branch had few powers
• No executive branch
• No judicial branch
• No system of checks and balances

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Ratification of the Articles

• Conflicts over land claims slowed the
  ratification
• Maryland refused until other states gave up their
  land claims
• Western lands would be made into new states
  instead of increasing the size of existing states

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Northwest Territory

• States handed over their land claims to the
  government
• Congress passed Land Ordinance of 1785
• System for surveying and dividing the western
  lands

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• Split into townships of 36 square miles
• Divided into 36 lots of 640 acres
• 1 lot reserved for public school
• 4 lots for veterans
• Remaining lots sold to public

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Northwest Ordinance of 1787

• Established the Northwest Territory
• Included areas that are now
• Illinois
• Indiana
• Michigan
• Ohio
• Wisconsin
• Minnesota (part of)

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• These future states were called territories
• When population reached 60,000 they could make a
  constitution and become a state
• Required public education to be provided
• Slavery was banned in Northwest Territory

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Relations with Other Countries

• Great Britain closed off many ports to the U. S.,
  preventing trade in Britain and West Indies
• Britain forced Americans to pay higher tariffs
• Now businesses would have to raise their prices

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• Spain closed off Lower Mississippi River, cutting
  off American trade with the West
• Farmers could not export
• British goods were now cheaper than American
• Congress did not have the power to fix the problem

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Economic Problems

• States began to pass their own trade laws, which
  were all different
• This made it difficult to trade from state to
  state
• States had a hard time paying for the war, so
  they started printing large amounts of money
• The result was inflation

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• Money had different values from state to state
• Problems with trade and inflation caused an
  economic depression

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Shayss Rebellion

• Massachusetts tried something different
• Raised taxes on land, causing farmers to be hit
  hard
• If farmers could not pay, the land would be taken
  and farmer would be put in jail

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• The land would then be sold at 1/3 of the
  original price or less
• Farmers began to revolt
• Shayss Rebellion
• Led by Daniel Shays, the rebels were defeated at
  a federal arsenal in Springfield, MA

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• A little rebellion now and then is a good
  thing Thomas Jefferson
• Shayss Rebellion made Congress take a second
  look at Articles of Confederation

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Constitutional Convention

• The convention was held in Philadelphia, PA.
• Main purpose to improve the Articles of
  Confederation

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• Facts
• Benjamin Franklin was the oldest 81
• Jonathan Dayton was the youngest 26
• George Washington came out of retirement to be
  president of the Convention

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• Each delegate was sworn to secrecy
• Doors and windows were locked
• Boards were nailed over the windows
• Women, African Americans, and Native Americans
  were not allowed

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• Two plans were introduced.
• Edmund Randolph presented Virginia Plan
• William Paterson presented New Jersey Plan

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Virginia Plan

• Gave more power to central government
• Congress would be made up of two houses
• Representatives would be chosen based on state
  populations

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New Jersey Plan

• Gave more power to state governments
• Congress would have one house
• Representatives would be equal for each state

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Great Compromise

• After a month of debate, a decision was still not
  made
• Roger Sherman proposed the Great Compromise
• The Virginia and New Jersey Plans would be
  combined

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• Congress would have two houses
• Each state would have two representatives in the
  Senate
• In House of Representatives, the number of
  representatives would be based on the states
  population

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Three-Fifths Compromise

• The debate on representation also involved
  enslaved Africans
• Southern delegates wanted slaves counted as part
  of their population
• Northerners disagreed

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• A compromise was made
• 3/5 of a states slave population would be
  counted

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The Constitution

• Delegates hoped to protect popular sovereignty
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• That means the power belongs to the people
• They created federalism to keep a balance of
  power between the central and state governments

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Checks and Balances

• The constitution balances power among three
  branches
• Legislative
• Executive
• Judicial

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• Legislative Branch Congress makes and passes
  laws

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• Executive Branch President and cabinet. Makes
  sure the law is carried out

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• Judicial Branch Courts interprets laws,
  punishes criminals, and settles disputes between
  states

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• The delegates created a system of checks and
  balances
• This keeps any branch of government from becoming
  too powerful

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• EXAMPLE
• Congress passes a bill
• President can veto the bill
• Congress can override veto with 2/3 vote
• Supreme Court can kill the bill if it violates
  the Constitution

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Ratifying the Constitution

• Antifederalists people who opposed the
  Constitution
• Felt the main problem was Constitution did not
  provide a section for individual rights

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• Federalists supported the Constitution
• Felt the Constitution balanced all views

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Federalist Papers

• One of the most important defenses of the
  Constitution was a series of essays knows as the
  Federalist Papers
• The essays were signed anonymous, but were
  actually written by Hamilton, Madison, and Jay.

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• Tried to reassure Americans that the central
  government would not overpower the states
• Federalist Paper No. 10 is the most widely known,
  written my Madison

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Bill of Rights

• The Bill of Rights were added to the Constitution
  as amendments
• Amendments official changes
• Amendments must be approved by 2/3 of both houses
  and then ratified by ¾ of all states

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• The Bill of Rights are 10 amendments intended to
  protect the rights of the citizens