Shaping a New Nation
Shaping a New Nation
Essential Question
What challenges did the new American Republic face, and how did the U.S. Constitution reflect those challenges?
Section 1: Experimenting with Confederation
Creating a new government from the ground up is a lot of work!
America had to determine what kind of government the new nation would have.
Decide the relationship between the states and the federal government.
Founding Fathers on Democracy
John Adams: "Remember democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy that did not commit suicide."
Benjamin Franklin: "Democracy is two wolves and a lamb voting on what to have for lunch."
Democracy, Republic, or Both?
At the time, Americans believed that true democracy would put too much power in the hands of the uneducated.
Decision made for America to be a republic, in which citizens rule through elected representatives.
Republicanism: The idea that governments should be based on the consent of the governed.
The Articles of Confederation
Confederation: An alliance in which the members hold most of the power.
Written in 1776 and ratified in 1781; served as the nation's framework of government from 1781 to 1789.
Per the Articles of Confederation, the national government had powers to:
Declare war, make peace
Sign treaties
Borrow money
Set up post offices
Deal with Native Americans
Problems With the Articles of Confederation
Each state followed its own interests leading to no national unity.
Required a ⅔ Majority (9/13) states to pass a law.
All states needed to approve amendments.
Each state had one vote in Congress, regardless of population.
Congress could not regulate interstate or foreign trade.
Congress could not enact or collect taxes, meaning the national government could not raise money to repay foreign loans.
Section 2: Drafting the Constitution
Issues over debt and failure of the Articles of Confederation sparked calls for a new government.
Shays’ Rebellion
Occurred in 1786.
Led by Daniel Shays, a western Massachusetts farmer and Revolutionary War veteran.
Faced possible debtor’s prison, organized other farmers, led rebellions to:
March on the town of Springfield/Northampton courts.
Attempt to seize the arsenal with the intent to overthrow the government.
Concerns over this rebellion triggered a desire for a stronger national government.
1786 Annapolis Convention
States formed a weak and ineffective government due to fears of tyranny and governmental abuses.
States acted like 13 independent nations, fighting over trade policies and taxing goods.
Meeting in Annapolis, MD, called by James Madison and Alexander Hamilton; only 5 states represented to discuss interstate trade.
Delegates called for another convention in 1787 in Philadelphia.
Philadelphia/Constitutional Convention of 1787
The news of Shays’ rebellion spread and increased the need for a stronger government.
Purpose was to fix the Articles of Confederation.
12 out of 13 states sent representatives (55 delegates).
George Washington was unanimously elected presiding officer.
Topics discussed included:
Representation of small states vs. large states.
Issues surrounding slavery.
Division of powers between state governments and federal governments.
Separation of powers within government branches.
Electoral College.
Popular Sovereignty
The idea that government is created by the people and must follow the will of the people.
Issue: Big States vs. Small States
Virginia Plan (James Madison):
Bicameral legislature.
Representation based on population.
New Jersey Plan (William Paterson):
Unicameral legislature based on equal representation.
Great Compromise (Connecticut Compromise, Roger Sherman):
Bicameral legislature:
House of Representatives: Representation based on population, directly elected by the people.
Senate: Equal representation (2 per state), members elected by state legislatures.
Issue: Slavery
Debated whether slaves should count in determining a state's population.
The South believed yes, while the North believed no.
Three-Fifths Compromise:
⅗ of a state’s slave population would be counted for representation.
Decided that Congress would not interfere with the slave trade for 20 years.
Fugitive Slave Laws would be enforced.
Issue: Division of Powers
Federalism: Power is divided between the national government and state governments.
National Government:
Assumes enumerated powers such as:
Providing for national defense
Coining money
Regulating trade
Controlling foreign affairs
State Governments:
Assumes reserved powers such as:
Providing/overseeing education
Establishing marriage laws
Regulating trade within the state
Federalism Detail
Powers Delegated to National Government:
Declare war
Create and maintain armed forces
Establish foreign policy
Raise taxes
Provide for public welfare
Regulate interstate and foreign trade
Make copyright and patent laws
Borrow money
Charter banks
Establish postal offices
Coin money
Powers Reserved to States:
Establish local governments
Establish and maintain schools
Regulate trade within states
Conduct elections
Build roads
Provide for public safety
Issue: Separation of Powers
Three Branches of Government:
Legislative: Make laws.
Executive: Carry out laws.
Judicial: Interpret laws.
A system of Checks and Balances prevents any one branch from becoming too powerful.
Checks and Balances Details
Legislative Branch:
Makes laws
Approves presidential appointments
2 senators from each state
Number of congressmen is based on population
Executive Branch:
Signs laws
Vetoes laws
Pardons people
Appoints federal judges
Judicial Branch:
Decides if laws are constitutional
Appointed by the president
Composed of 9 justices
Can overturn rulings by other judges
Issue: How Do We Elect Presidents?
Fear existed that lower classes were not educated enough to select a decent candidate and might vote the wealthy ruling class out of power.
The Electoral College was established to cast ballots for presidential candidates.
A state’s electors equal the number of its members in the House of Representatives plus its 2 senators.
A majority of 270 electoral votes is required to elect the President.
Section 3: Ratifying the Constitution
After the Constitution was written, it had to be ratified by at least 9 out of 13 states to become law.
Preamble
Text of the Preamble:
"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."
Ratifying the Constitution Process
Each state held a convention to ratify, or officially approve, the Constitution.
Needed 9 states to ratify.
Supporters of the Constitution were called Federalists, while opponents were called Anti-Federalists.
Federalists vs. Anti-Federalists
Federalists:
Favor ratification and support a strong national government.
Wrote the Federalist Papers.
Supported by prominent figures including George Washington, Alexander Hamilton, James Madison, and John Jay.
Merchants in urban areas supported the Constitution due to trade regulation.
Anti-Federalists:
Oppose ratification and distrust a strong national government due to fear of tyranny and oppression.
Endeavor for more power to the states.
Demand a Bill of Rights to protect the people’s rights and freedoms.
Supported by figures like Patrick Henry, Samuel Adams, and Richard Henry Lee.
The Federalist Papers
A series of 85 essays written by Hamilton, Madison, and Jay arguing in favor of the Constitution and a strong federal government.
The Bill of Rights
Delaware became the first state to ratify the Constitution in December 1787; several others hesitated.
James Madison drafted amendments guaranteeing individual rights, 10 of which were approved by the states and became known as the Bill of Rights.
The Bill of Rights guarantees each citizen:
Freedom of speech, religion, press, assembly, the right to bear arms, etc.
Note: Women, African Americans, and Native Americans were not included.
How to Remember the Bill of Rights
Quick & Easy methods exist to help remember the key components of the Bill of Rights, including numerical mnemonics.
Section 4: The Living Constitution
We the People reflects the establishment and governance desires of the populace.
Powers of the President
Executes laws, approves or vetoes bills, and serves as Commander-in-Chief of the armed forces.
Has authority to appoint federal judges, SCOTUS justices, and other federal officials.
Responsible for making foreign treaties.
A presidential term is four years and a president may serve a maximum of two terms.
Has the power to grant pardons.
Structure of Congress
House of Representatives:
Members serve two-year terms and are led by the Speaker of the House (e.g., Mike Johnson).
Representation is based on state population and has the "Power of the Purse" (control of financial decisions).
Senate:
Members serve six-year terms and include a Minority Leader (e.g., Chuck Schumer) and a Majority Leader (e.g., John Thune).
The Vice President is the President of the Senate (e.g., JD Vance) and has a tie-breaking vote.
How a Bill Becomes Law
The process of how legislation is passed in Congress can be understood through the following steps:
Bill is introduced.
Referred to appropriate committee.
Subcommittee reviews and marks up the bill.
Committee reviews, marks up, and votes on the bill.
Chamber debates and votes on the bill.
The other chamber considers the bill.
A bill can fail at different points in the process.
If passed in both chambers, it goes to the President for signature to become law.
If necessary, a conference committee may be involved for resolution on differences between chambers.
Overriding a Presidential Veto
Requires a 2/3 majority in both the House and the Senate.
Impeachment Process
Defined as: "The President, Vice President, and all civil Officers of the United States shall be removed from Office on Impeachment for, and conviction of, Treason, Bribery, or other High Crimes and Misdemeanors."
The House of Representatives drafts Articles of Impeachment.
The House votes on those articles; a majority leads to impeachment (indictment).
The Senate oversees the trial conducted by the Chief Justice of the Supreme Court.
Executive Orders by President
Number of executive orders varies greatly among presidents, with notable totals as of January 19, 2017, provided in comparison to party affiliation.
1st Amendment – Freedom of Expression
Protects freedom of religion, speech, press, assembly, and petition.
2nd Amendment – Right to Bear Arms
Gives individuals the right to own and carry weapons.
3rd Amendment – Quartering of Soldiers
Prevents the government from forcing people to house soldiers in their homes during peace.
4th Amendment – Search and Seizure
Protects against unreasonable searches and seizures; requires warrants based on probable cause.
5th Amendment – Rights of the Accused
Includes the right to due process, protection from self-incrimination, double jeopardy, and establishes rules for eminent domain.
6th Amendment – Right to a Fair Trial
Guarantees a speedy and public trial, an impartial jury, the right to a lawyer, and to confront witnesses.
7th Amendment – Civil Trials
Provides the right to a jury in civil cases involving significant value.
8th Amendment – Cruel and Unusual Punishment
Protects against excessive bail, excessive fines, and cruel or unusual punishments.
9th Amendment – Unenumerated Rights
States that rights not listed in the Constitution are still retained by the people.
10th Amendment – States’ Rights
Says that powers not given to the federal government are reserved to the states or the people.