Creating the Constitution

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Chapter 7 Creating the Constitution (1776-1790)
(American Nation Textbook Pages 200-251)
Powerpoint by Mr. Zindman
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Benjamin Rush
Thomas Paine
Chapter Setting Benjamin Rushs words were spoken
in January 1787. It reflected many Americans
feelings on the American Revolution.
1-Rush was a respected doctor that set up the
nations first free clinic.
2-He was very outspoken and earlier he convinced
Thomas Paine to write his pamphlet, Common Sense.
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,
3-It means we need establish a new government!
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1.Governing a New Nation
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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4-On May 1776, the Continental Congress asked
each colony to set up a government to protect the
lives, liberties, and properties of its
citizens.
In July, the Congress set about to set up and
organize a new national government.
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5-During the Revolution most states wrote their
own Constitutions.
6-A constitution is a document that sets out the
laws and principles of government.
State Constitutions
States wanted a constitution for two reasons.
7-First, it would spell out all the rights of all
citizens. Secondly, it would set limits on the
power of government.
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8-Colonists were too concerned about putting too
much power in the hands of a few people.
To avoid this they divided the powers of
government between an executive and the
legislative part.
9-Every state had a legislature that passed laws.
The voters elected lawmakers.
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Power in the legislature was divided between the
upper house called the Senate and a lower house
called the House of Representatives . All states
except Pennsylvania had a governor or executive.
10-An executive is a person who runs the
government and sees the laws are carried out.
House of Representatives
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Virginia further limited the power of government
by including a Bill of Rights in its
constitution.
11-A Bill of Rights lists freedoms that the
government promises to protect.
The Bill of Rights protected the rights of
religion and freedom of the press, trial by jury,
limits on searches and arrests. Other states soon
followed Virginias examples and created their
own Bill of Rights.
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The state constitutions also expanded the right
to vote.
12-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
Fannie Lou Hamer Links by Mr. Zindman
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The American Revolution did not prompt a radical
redefinition of the right to vote. In 1786, only
two of the original thirteen states (Georgia and
South Carolina) expressly restricted voting
privileges to the eligible white population.
13-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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Forming a National Government
Although the states have formed 13 separate
governments, the Continental Congress drafted a
plan for the nation as a whole.
14-In order for America to be successful all of
the states must be united by a national
government.
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Writing a constitution that all the states
would approve was difficult. The states were
unwilling to turn over their power to a national
government.
15-After many debates, the Continental Congress
completed the first American Constitution, The
Articles of Confederation.
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Under the Articles of Confederation

1. All states agrees to send delegates to Congress
   to vote on proposals

2. Congress would pass the laws, but at least 9
of the 13 states had to approve of the law before
it can pass.
3. Congress could not pass taxes, the states had
to control over taxes.
4. Congress had the right to declare war, appoint
military officers, and create and control coin
money.
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Disputes Over Western Lands
The first dispute arose over the Articles of the
Confederation. All the states ratified the
Articles with the exception of Maryland.
16-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 they gave up their claims to the western
lands.
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Serious Charges Over the Articles of Confederation
By 1783, the United States had won their
independence. The new nation faced many problems.
From 1783 to 1787, the Americans had reason to
doubt whether their country would survive.
17-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 for
money to repay these debts. However, the states
had the right to turn down the requests of
Congress.
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18-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 retained little or no
value. As the Continental dollars became
worthless the states printed up their own paper
money.
19-The problem with this was that most states
refused to accept money from another state. This
made trade between states difficult.
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Settling the Western Lands
Settlers in the western lands posed still another
problem. The
20-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
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21- 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.
21- 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.
22-In time five states were carved out of the
Northwest Territory. The new states were Ohio,
Indiana, Illinois, Michigan and Wisconsin.
Northwest Ordinance
Land Ordinance of 1785
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Growing Problems
After the Revolution, the nation suffered an
economic depression.
23-An economic depression is a period when
business activity slows, prices and wages drop,
and unemployment rises.
The depression hit the farmers hard. During the
Revolution the demand for farm products was high.
The farmers were eager to produce more food. They
borrowed money to buy more land, seed and
animals. their loans. As the soldiers returned to
their homes the demand for farm goods fell. Many
farmers could not repay their loans.
24-The banks and courts seized the farms of the
people that did not repay
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Shays Rebellion
In 1786 the unhappy farmers flared into a
rebellion. They were determined to save their
debt-ridden farms.
25-Daniel Shays, an unhappy farmer gathered a
force of 2,000 farmers and led them into a
rebellion attacking court houses and preventing
the sale of their property for payment of debts.
When the farmers 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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26-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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2. A Constitutional Convention
27-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.
28-He was James Madison. James Madison was the
youngest and most prepared man at the
Constitutional Convention.
29-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. They revised the Articles of
Confederation.
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Hopelessly Divided
Soon after the meetings began the delegates
decided to do more than revise the Articles of
Confederation.
30-They decided to instead write a brand new
constitution for the nation.
Edmund Randolph
Many delegates disagreed what form this
government should take. Edmund Randolph and
James Madison, both from Virginia, made a
proposal to the Convention.
31-The plan was called the Virginia Plan. The
plan called for a strong national government with
three branches.
James Madison
(see the next slide)
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• 32A-The Legislative Branch of government passes
  the laws.

• 32B-The Executive Branch of government carries
  out the laws.

• 32C-The Judicial Branch or system of courts
  decides if the laws are carried out fairly.

Click to visit a computer activity on the three
branches of government created by Mr. Zindman
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33-The Virginia Plan also called for a two-house
legislature.
Seats to each house will be awarded based on
population. Previously under the Articles of the
Confederation each state had the same number of
representatives regardless of the population.
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The Great Compromise
Many small states objected strongly to the
Virginia Plan. Large states could easily outvote
small states. After two weeks of debate,
34-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.
William Patterson and Roger Sherman
35-Each state no matter the size of the
population would have only one vote in the
legislature. The two sides were deadlocked
A delegate named Roger Sherman, of Connecticut,
worked out a compromise between the large and
small states.
36-A compromise is a settlement in which one side
agrees to give up part of what it wants.
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The Senate
House of Representatives
Shermans 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 states population.
37-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.
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Debates over Slavery
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. No
rtherners 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. Once again the delegates
compromised.
38-They agreed that three fifths of the slaves
would be counted as part of the population.
In other words, if a state had 5,000 slaves,
3,000 of them would be counted in the states
population. This was called the Three-Fifths
Compromise.
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The Slave Trade
39-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.
Click on the pictures to learn more
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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.
Click on the picture to learn more
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3. Debating the Constitution
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.
40-A Republic is a nation in which voters elect
representatives to govern them.
Benjamin Franklin said, It is now up to the
people of the United States to make their own new
government work.
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Ideas that Shaped the Constitution
Many ideas from the Constitution were inspired
from other sources. Here are some of the ideas
that shaped the Constitution.
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41-The League of the Iroquois-early American
leaders was 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.
41-Ideas from Europe- Ideas limiting the power
of a ruler came from the Magna Carta in England.
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41-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.
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.
Click here to visit a computer activity on the
ideas that shaped the Constitution created by Mr.
Zindman
John Locke
Montesquieu
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A Federal System
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.
42-The division of power between the states and
national government is called Federalism.
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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.

• 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.

The Rules
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Many of the powers between the government and
states are shared. For example, both governments
can build roads or raise taxes. The
Constitution is the final law of the land. In a
dispute between the state and Federal Government,
the Federal Government has the final authority.
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Separation of Powers
43-The Constitution set up three branches of
government. They defined the powers of each
branch.
1. The Legislative Branch- Congress is the
legislative branch of government. It is made up
of the House of Representatives and the Senate.
44-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.
Click on the picture to learn more.
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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.
45-The President from the executive branch is
responsible for carrying out all the laws passed
by Congress.
Click on the picture.
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.
46-These courts hear cases that involve the
Constitution and any laws passed by Congress.
They also hear cases arising between two or more
states.
Click on the picture to learn more.
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Electing a President
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.
47-Every four years, the Electoral College 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.
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A System of Checks and Balances
The Constitution set up a system of checks and
balances.
48-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.
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Checks on Congress

• 49-The President can check the power of Congress
  by vetoing, or rejecting

50-a proposed law (or bill.)

• Congress can then check the President by
  overriding, or overruling, the presidents veto.

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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.

• Congress has the power to remove a president from
  office if they find the President guilty of a
  crime.

• 51-When a President is charged with a crime or
  misbehavior it is called an impeachment.

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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.

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

Click on the picture to learn more.
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A Living Document
This document has been working for more than 200
years, longer than any other Constitution in the
world. This Constitution has lasted because it is
a living document.
Click on the picture to learn more.
The original document can be seen at the
National Archives in Washington, D.C.
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4.Ratifying the Constitution
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.
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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.
52-People that supported the Constitution were
called Federalists..
53-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.
54-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.
55-Americans then voted in George Washington as
the first President. 56-John Adams was elected
the first Vice-President.
57-New York City became the nations first
Capital.
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Adding a Bill of Rights
The first Congress quickly turned its attention
to adding the Bill of Rights.
58-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.
The Amendment Process
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13th Amendment
The Amendment Process
Click on the picture to learn more.
59-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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• 60-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.

• 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.

61-19th Amendment Womans Suffrage
Click on the picture to learn more.
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62-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. Here
are some of the first few Amendments
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• 63-Amendment 1 guarantees freedom of religion,
  freedom of speech, freedom of press, freedom of
  petition and freedom of assembly.

• Amendment 2 and Amendment 3 prevents Congress
  from forcing citizens to quarter, or house troops
  in their homes.

• Amendment 5-8 protects citizens accused of
  crimes and brought to trial. Every citizen has
  the right to due process. Due process means the
  government must follow the same fair rules in all
  cases brought to trial. Among these rules are the
  right to trial by jury, the right to being
  defended by a lawyer, and the right to a speedy
  trial.

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The End
This Powerpoint slide show was made by Mr.
Zindman. Visit Mr. Zindmans web page at
www.mrzindman.com