1st Marking Period Notes 2015: Creating New Government(s) and a New Constitution
Explain the challenges faced by the new nation and analyze the development of the Constitution as a new plan for governing.
8– U3.3.1 Explain the reasons for the adoption and subsequent failure of the Articles of Confederation.
Articles of Confederation (154pg) – (1777) The document that created the first central govt. for the United States; was replaced by the Constitution in 1789. It gave a written framework to govern the nation.
Weak Central Govt. – “A firm league of Friendship”
Revolutionary leaders were cautious because they did not want to give away their states’ power to
the central authority
USA revolted against Britain partly to end the mistreatment of authority by Parliament and King
George III.
3. Did not have a president
4. Did not have a national courts system
5. State govts. had the power to refuse the National govt. (154pg)
Challenges nation faced:
Confederate Congress had no power to regulate Interstate Commerce (160pg)
States issued their own money
With economic hardships, some states began issuing large amounts of money – inflation occurred, Federal govt. could do little to stop it
Shay’s Rebellion (161pg) - (1786 – 87) Uprising of Massachusetts’s farmers, led by Daniel Shay’s
to protest high taxes, heavy debt, and farm foreclosures
When Massachusetts had asked the national govt. to help put down Shay’s Rebellion,
Congress could offer no assistance. It showed the govt. could not control domestic disputes.
Disputes over western lands (155pg) Look at Picture 154pg
Congress decided to raise revenue by selling land that was ceded or surrendered by states.
Land Ordinance of 1785 (155pg) – Legislation passed by Congress authorizing surveys
and division of public lands in the western region of the country.
ii. Surveys divided lands into townships
a. 36 lots of 640 acres
i. One lot of land set aside for public schools Four for Revolutionary War veterans.
Political structure
Northwest Ordinance of 1787 (155pg) – Legislation passed by Congress to establish
a political structure for the lands in the Northwest Territory
Northwest Territory – a vast region that included present day Illinois, Michigan,
Indiana, Ohio, and Wisconsin
Limited self – government for the settlers
At least 60,000 free inhabitants, these settlers could draft their own
constitution and petition Congress to be admitted to the Union as a state.
Contained a bill of rights (limited govt.)
Required that public education be provided for the citizens
“There shall be neither slavery nor involuntary servitude (forced labor in
the …………………territory.” It banned slavery. Huge issue later!
8 – U3.3.2 – Indentify economic and political questions facing the nation during the period of the Articles of
Confederation and the opening of the Constitutional Convention.
Economic Questions
International Trade (159pg)
Britain closed many of its ports to American ships
Closure of ports in the British West Indies in July 1783 was particularly hard on USA.
Banned US Ships from bringing trade goods to Canada.
Americans had to use British ships to trade with Britain.
Spanish officials closed the lower Mississippi River to US Shipping 159pg
Western farmers were infuriated
Shut down only effective way to transport goods to New Orleans port.
Trade ships sailed to Eastern markets
Domestic Trade
Interstate Commerce (160pg) – Trade that is conducted between states. Congress could not control it.
States adopted trade policies that were beneficial to their own interests.
Trade laws varied from state to state.
Difficult for merchants whose businesses crossed state lines
States ability to create their own money
How much is the money worth per state? Not uniform
At the opening of the Constitutional Convention people from the south are worried about losing their labor
force, slavery. Mostly farmers in the south.
Political
Under Articles of Confederation, USA was unable to gain many favorable trade agreements with foreign
countries.
– U3.3.3 – Describe the major issues debated at the Constitutional Convention Chapter 5 Section 3 page 163
Distribution of political power –
The Virginia Plan (164pg) – Plan for government proposed at the Constitutional Convention in which the national
government would have supreme power and a legislative branch would have two houses three branches; representation in
the legislature would be determined by state population.
New Jersey Plan (165pg) – Proposal to create a unicameral legislature with equal representation of states rather than
representation by population, One vote per state; rejected at the Constitutional Convention
Great Compromise (165pg) – Agreement worked out at the Constitutional Convention establishing that a state’s
population would determine representation in the lower house of the legislature, while each state would have equal
representation in the upper house of the legislature.
Executive Branch (167pg) – The division of the federal government that includes the president and the administrative departments; enforces the nation’s laws.
Legislative Branch (167pg) – The division of the government that proposes bills and passes them into laws
Judicial Branch (167pg) – The division of the federal government that is made up of the national courts; interprets laws, punishes criminals, and settles disputes between states.
Southern Delegates are worried about their farming economy. What if the Northern Delegates attempt to do away with
slavery? What will be our labor force?
Conduct of foreign affairs
The Executive Branch
Sec of State - Cabinet official
Check and Balances - Senate
Rights of Individuals
Bill of Rights (173pg) – First 10 amendments to the Constitution, Many Anti federalists did not think that the
Constitution adequately protected personal liberties. (Chapter 6 Sec 1 204 – 205)
Amendments (173pg) Official changes, corrections, or additions to a law or constitution
Feared that the new national govt. would not protect the rights of individuals
Anti Federalists 170pg
1. Anti federalists would not sign Constitution without Bill of Rights. The Bill of Rights Gave citizen’s rights the govt. (King
George) could not take away, limit federal govt. power against citizens.
2. Anti federalists felt the federal govt. was too strong and the state govt. too weak.
3. People who opposed ratification of the Constitution
4. Necessary and Proper Clause (Elastic Clause) – Article 1, Sect 8, giving Congress authority to stretch its delegated
powers to address issues not otherwise specified in the document – did not like clause, too much power.
Rights of States
10th Amendment (221pg and 205pg) and the Legislative Branch, House of Representatives and Senate, represent the people in the states
Election of the Executive
Electoral College (234pg) – A group of people selected from each of the states to cast votes in Presidential elections.
Slavery as a Regional and Federal issue
The Three – Fifths Compromise (166pg) – An agreement worked out at the Constitutional Convention stating that
only three fifths of the slaves in each state would count when determining a state's population for representation in the
lower house of Congress.
Does the Three – Fifths Compromise protect the rights of individuals if you are a slave?
Northern delegates agreed to let the foreign slave trade continue without interference for 20 years. In exchange,
southern delegates agreed to drop their demand that laws in Congress be passed with a two-thirds majority vote.
8-U3.3.4 – Explain how the new constitution resolved (or compromised) the major issues including sharing, separating, and checking of power among federal government institutions, duel sovereignty (state – federal power), rights of individuals, the Electoral College, the Three-Fifths Compromise, and the Great Compromise.
Graph on pages 183 and 184 Separation of Power and Checks and Balances – Look at it
Checks and Balances (167pg) – A system established by the Constitution that prevents any branch of government
from becoming too powerful.
Duel sovereignty (state – federal power)
Reserve Powers (182pg) – Powers kept by the state govt.
1.Delegates want to make sure states still had some power
Delegated Powers (182pg) – Powers that are granted to the federal government by the Constitution
Concurrent Powers (182pg) – Powers that are shared by the federal and state govt. Including taxing, borrowing money, and enforcing laws.
The Rights of Individuals
The Bill of Rights, limited the power of the govt.
The Electoral College (234pg, 196 pg, and Video
Father’s of our Nation did not believe the average person white male (2nd grade education) was smart enough to choose
the President of the United States. So, the college was set up. Each state get the amount of Electoral College votes based
on the amount of representatives the states have in both houses of Congress.
We indirectly vote for President of the United States. It is a winner takes all system.
The Three-Fifths Compromise (166pg)
Southern Delegates wanted slaves to be counted as part of their state population so they would have more
representation in Congress. There was more population in the north.
Northerners thought that slaves should be counted in deciding a state’s taxes but not in determining representation.
Slaves are property.
Southerns Edmund Randolph and James Wilson proposed that three fifths of the slaves in each state be counted as part
of that state’s population when allotting representatives to the lower house.
Great Compromise (165pg)
To satisfy supporters of the New Jersey Plan, every state, regardless of its size would have an equal vote in the upper
house of the legislature. For those who supported the Virginia Plan, the Great Compromise proposed that the lower
house each state would receive one representative for every 30,000 inhabitants
Bicameral legislature is born – A Upper House, Senate A Lower House, House of Representatives
8-U3.3.5 – Analyze the debates over the ratification of the Constitution from the perspective of Federalists and Anti-Federalists and describe how states ratified the Constitution.
Federalists (170pg) – People who supported ratification of the Constitution
Constitution provided a good balance of power
James Madison, George Washington, Ben Franklin, Alexander Hamilton and John Jay
Wanted a strong central govt.
Anti – Federalists (170pg) - People who were opposed to ratification of the Constitution
a) Anti – federalists would not sign the Constitution without the Bill of Rights
b) Gave citizens rights the govt. (King George III) could not take away.
c) Limited govt. power
8-U3.3.6 – Explain how the Bill of Rights reflected the concept of limited government, protection of basic
freedoms, and the fear of many Americans of a strong central govt.
Limited Government
The Bill of Rights are rights that the federal govt. cannot take away from you. So the Bill of Rights limits what the federal
govt. can do to you.
Protection of Basic Freedoms
1st Amendment (Most basic rights of all U.S. citizens) Freedom of Religion, Speech, the Press, Assembly, and Petition
Fear of many Americans of a strong central govt.
Americans had just defeated Britain and their strong central govt. The Bill of Rights shows that Americans are still fearful
and want to limit the govt. and protect individual rights.
8-U3.3.7 – Using important documents (Mayflower Compact, Iroquois Confederacy, Common Sense, Declaration of Independence, Northwest Ordinance, Federalist Papers), describe the historical and philosophical origins of constitutional government in the United States using the ideas of social compact, limited government, natural rights, right of revolution, separation of powers, bicameralism, republicanism, and popular participation in govt.
Mayflower Compact 101pg – First basic plan of govt. in the colonies, only males signed it. Represents one of the first
efforts at self – governments in the English colonies.
Iroquois Confederacy (League) (14pg, 95pg, 120pg) - was a political union of North American Indian nations who acted
(and act) in war and peace, in trade alliances and treaties of goodwill, as a single nation.
Common Sense 118pgs
Pamphlet written by Thomas Paine
For the common person with a 2nd grade education
Discussed the reasons why to go to war with Great Britain.
Declaration of Independence 119pg
1. Defined what colonists believed to be their rights
2. Spelled out their complaints against Britain
3. Declared that the colonies were free and independent
The best governments, John Locke said, were those that respected the “natural rights” of individuals – basic rights such as
“life, liberty, and the pursuit of happiness.”
Northwest Ordinance of 1787 119pg - Legislation passed by Congress to establish a political structure for the Northwest
Territory and created a system for the admission of new states.
Federalist Papers (171pg) – a series of essays that defended and explained the Constitution and tried to reassure
Americans that the states would not be overpowered by the proposed national govt.
U4.1 Challenges to an Emerging Nation – Analyze the challenges the new government faced and the role of political and social leaders in meeting these challenges
8-U4.1.1 – Washington’s Farewell Address (248pg) – Use Washington’s Farewell Address to analyze the most significant challenges the new nation faced and the extent to which subsequent Presidents heeded Washington’s advice.
Political Parties are dangerous and can decline the nation
National Unity
Warned the nation against developing permanent alliances with other nations, could drag USA into war
8-U4.1.2 – Establishing America’s Place in the World – Explain the changes in America’s relationships with other nations by analyzing treaties with American Indian Nations.
Jay’s Treaty (1794) (245pg) – Agreement negotiated by John Jay to work out problems between Britain and the United
States over the northwestern lands, British seizure of U.S. ships, and U.S. debt owed to the British.
1. It showed the world including Britain that the USA was a nation and it and its people had rights. It started a new
association with Britain.
French Revolution (243pg) – French rebellion begun in 1789 in which the French people overthrew the monarchy and
made their country a republic.
1. Federalist and Anti-Federalists fought over French Revolution
a) In Washington’s cabinet, Jefferson and Randolph supported French – Anti – Federalists
b) Hamilton and Knox supported British – Federalists
2. Washington – Neutrality Proclamation
c) People within the USA supported French Revolution. People wanted the monarchy of lose and a Republic to be formed
Pinckney’s Treaty (1795) (245pg) – An agreement between the United States and Spain that changed Florida’s border
and made it easier for American ships to use the port of New Orleans.
1. Prior to the treaty Spain port of New Orleans closed to USA.
8-U4.1.3 – Explain how both political parties emerged out of the competing ideas, experiences, and fears of Thomas Jefferson and Alexander Hamilton, despite the worries the Founders had concerning the dangers of political division, by analyzing disagreements over
Relative power of the national government (Whiskey Rebellion, Alien and Sedition Acts) and of the executive branch during the Jackson Era.
Whiskey Rebellion (1794) (247pg) – A protest of small farmers in Pennsylvania against new taxes on whiskey and other
alcohol. The federal govt. was able to raise an army and put down the rebellion under the Constitution.
Alien and Sedition Acts (1798) (253pg) – Laws passed by a Federalist – dominated Congress that aimed at protecting the
govt. from treasonous ideas, actions and people, for example, made it illegal to print or speak words hostile to the govt.;
used against Republicans.
1. Allowed the president to expel foreign citizens from the United States if he concluded that they were involved “in any
treasonable or secret machinations (plots) against the govt.
2. Jefferson and Anti-Federalists worried
3. Does USA Constitution give President the right? (strict construction v. loose construction)
Bank of the United States (242pg) – A national bank chartered by Congress in 1791 to provide security for the U.S.
economy. Alexander Hamilton (Loose Construction) and the Federalists wanted a strong national bank while Thomas
Jefferson (Strict Construction) and the Anti Federalists did not.
Article 1 Sec 8, Loose Construction vs. Strict Construction
8-U4.1.4 – Establishing a National Judiciary and its Power – Explain the development of the power of the Supreme Court through the doctrine of Judicial review as in Marbury v. Madison(1803) and the role of Chief Justice John Marshall and the Supreme Court in interpreting the power of the national government.
Marbury v. Madison (1803) – (270pg)
U.S. Supreme Court case that established the principle of judicial review,
giving the Court the power to decide whether laws passed by Congress are constitutional.
Judicial Review – (270pg) – The Supreme Court's power to declare acts of Congress unconstitutional.
McCulloch v. Maryland (1819) – (330pg) – U.S. Supreme Court case that declared the Second National Bank of the
United States was constitutional and that Maryland could not interfere with it because it was a federal institution.
Gibbons v Ogden (1824) - (397pg) - U.S. Supreme Court ruling that reinforced the federal govt's authority over the
states. First case dealing with the clause of the Constitution that allows Congress to regulate interstate and foreign
commerce.