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Chapter 5: Creating the Constitution (1781-1789)

In 1777, during the American Revolutionary War, the Continental Congress wrote the new constitution

for the union of the states. It was known as the Articles of Confederation—our nation’s first

government. It was a loose/weak alliance amongst the newly independent states.

The Congress was led by John Dickinson. The new federal, or national, government had no President

or executive branch. However, the powers to make, implement, and enforce the laws were placed with

the Congress.

The national Congress created plans for both settling (Land Ordinance of 1785) and governing (The

Northwest Ordinance of 1787) the newly acquired

Northwest Territory—the area that was north of the

Ohio River and west of Pennsylvania as far as the

Mississippi River. (map, p. 138)

In the Land Ordinance of 1785 (settling), the

Congress designed a system for distributing the public

lands by creating townships. One-36th of the 6-by6

towns was set aside for public education. (p. 137)

The

Northwest

Ordinance

of 1787 (governing) provided a government for the western

territory. It also contained a process for statehood. (pp.

137-138)

The weaknesses of the Articles of Confederation were part

of the troubles of the young government. Under the

Articles, the federal (national) Congress could not establish

a common currency, regulate interstate commerce, or levy

taxes.

Complete Weaknesses of the Articles of Confederation (Quick Study, p. 140)

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Meanwhile, most Americans were farmers, and most farmers were in debt. In Massachusetts in 1786,

farmers took up arms to block foreclosure hearings. The state army suppressed what became known as

Shays’ Rebellion—major weakness of the Articles of Confederation. Most Americans hoped to save

the Republic by establishing a stronger national government.

Constitutional Convention

By 1787, most Americans agreed that Congress should have the power to regulate interstate and

international commerce and to tax the people. Alexander Hamilton and James Madison were two

leading thinkers at a constitutional convention to discuss the matter.

During the subsequent weeks and months, delegates debated proposals for the new constitution.

VIRGINIA PLAN

Most delegates favored James Madison's

Virginia Plan. This plan proposed dividing

power among the legislative, executive, and

judicial branches. It would establish a

bicameral legislature with a House of

Representatives and a Senate. In both

houses, representation was based on

population. The plan called for a strong

President and gave the Congress the power to

veto any state law.

NEW JERSRY PLAN

The New Jersey Plan proposed only small changes. It gave

the Congress the powers to regulate commerce and to tax.

It proposed a unicameral (one-house) legislature that

represented the states as equals. It favored an executive

committee rather than a President. Under this plan, states

remained mostly sovereign.

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GREAT COMPROMISE (=some VA+ some NJ)

Roger Sherman helped work out a

compromise between the Virginia

and the New Jersey plans, known

as the Great Compromise.

Bicameral (Two-House)

Legislature—Congress

The Senate would equally

represent every state—no state,

due to its larger size/population,

has an advantage over any other

state. (NJ plan)

The House of Representatives

would represent states based on

population—a state with a larger

size/population would more

equitably, or justifiably, deserve

more influence. (VA plan)

The delegates supported a system known as federalism (complete chart later), which divided

government power between the national and state governments.

During the debates, the delegates discovered that slavery was their greatest division. A compromise

known as the Three-Fifths Compromise counted each slave as three fifths (60%) of a person to be

added to a state’s free population. This affected each state's number of representatives and electoral

college votes.

Great

Compromise:

Parts of both the Virginia Plan and the New Jersey Plan: Settled the dispute over

representation in Congress between “large” and “small” states by creating a two-

house legislature.

Three-Fifths

Compromise

Delegates agreed to this compromise as a way to settle differences over

representation in Congress.

The delegates to the Constitutional Convention drafted a new constitution. After being signed, the

proposed Constitution was hotly debated. The delegates ruled that nine states had to ratify the new

constitution in specially elected conventions.

There were two main sides in the debate:

The Federalists (For it), who supported ratification

The Antifederalists (Against it), who opposed it. ( Where is the bill of rights???)

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The Federalists thought that a strong central government could overcome the difficulties facing the new

nation. The checks and balances in the proposed Constitution would keep any of the three branches from

gaining too much power.

The Antifederalists wanted a bill of rights. They believed that a strong central government would

threaten their liberty.

The proposed Constitution lacked majority support in 1787.

The case for ratification of the Constitution was set forth in The Federalist (Papers), a

series of 85 essays written by Madison, Hamilton, and John Jay. These essays were

published in New York newspapers in 1787 and 1788. The Federalists pushed for ratifying

conventions in five states and won ratification in all of them. The promise of a bill of rights

helped the Federalists to win most of the remaining states.

The Bill of Rights is the term for the first ten

amendments to the Constitution that provide basic

rights. In 1789, the new Congress convened in New

York City.

The writers of the Constitution created an indirect

democracy in which voters elect representatives to

govern. In the same way, an electoral college, or group

of persons chosen from each state, indirectly elects the

President.

The Constitution established a representative government based on these basic principles:

The Constitution has survived, in part, because it provides a process for its own amendment (changes).

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Separation of Powers (use p. 165 to fully complete)

Branch:

Legislative

Executive

Judicial

Power: “… laws”

P___________ the laws

C_________ o_____ the laws

I_______________ the

laws

Head:

C_______________________

P_______________________

S_________ C________

US Senate US House of Rep.

The Federal System (also information on p.171)

Leg. Exec. Jud.

Branch L E J

Power M E I

Head C P S

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Checks and Balances (also see p. 175)

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Democratic Donkey and the Republican Elephant

The now-famous Democratic donkey was first associated with Democrat Andrew

Jackson's 1828 presidential campaign. His opponents called him a jackass (a

donkey), and Jackson decided to use the image of the strong-willed animal on is

campaign posters. Democrats today say the donkey is smart and brave

Cartoonist Thomas Nast invented the Republican elephant. In a cartoon that

appeared in Harper's Weekly in 1874, Nast drew a donkey clothed in lion's skin,

scaring away all the animals at the zoo. One of those animals, the elephant, was

labeled “The Republican Vote.” That's all it took for the elephant to become

associated with the Republican Party. Republicans say the elephant is strong and

dignified.