Conceived in Liberty 5th Grade Social Studies Textbook
Chapter 9 Creating the Constitution
Chapter 9 Creating the Constiution When the American people won their independence, they had to decide what kind of government they should form. Their leaders had to answer many questions as they decided how to live free from British rule. Should the former colonies have a single government and not divide into states? Should the colonies become thirteen separate states with no central government? Should the United States have a king or a queen? One thing was certain. The newly independent country had to give its people the chance to take part in government. Tap here to watch a video version of the book "Shh! We're Writing the Constitution!" by Jean Fritz. 2
Chapter 9 Creating the Constiution Articles of Confederation The American colonies fought for independence from Great Britain during the American Revolutionary War (1775-1783). After winning their freedom, the newly independent states began writing their own constitutions, or plans for government. But leaders knew they needed to create a national government with its own constitution. This would then allow all thirteen states to act together as one nation. The first system created was known as the Articles of Confederation and became the ruling document of the new nation. Most people feared a powerful national government for the country. After all, they just fought a war to get rid of one. They were afraid a strong national government would make laws for their states just as England did for the colonies. Now that they won their independence, they did not want to give it away to a national government. Therefore, the powers of the individual states and the Continental Congress needed to be defined for the new country; there was a need for unity among the new states that were created as a result of the American Revolution. This need led Congress to give the task of writing a Federal constitution to John Dickinson, a representative from Pennsylvania and Delaware. His plan represented a shared system of government that would bring together 13 independent states in a firm league of friendship. 3
The Articles of Confederation created a republic, a form of government in which people elect representatives to run the country. Under the Articles, voters of each state elected leaders who, in turn, chose representatives. These representatives met in a national legislature, a Congress, where each state had one vote. The state governments had most of the power under the Articles, with little power given to the central government. Congress, for example, had to rely on the states for its funds and to carry out its official orders. As a result, the central government could not accomplish much because it had limited authority over states or individuals in America. The following were challenges in governing the new nation under the Articles of Confederation: Congress (the central government) was limited in its powers. It was made up of delegates chosen by the states and could conduct foreign affairs, make treaties, declare war, coin money, and establish post offices. The Articles did not plan on a national court system. Congress acted as a court for settling disagreements between states. Most times the states did not obey Congress anyway. Congress could not raise money by collecting taxes and had no control over foreign trade. To get the money they needed to run the government, Congress had to ask each state to pay its share. But Congress did not have the authority to make the states pay what they owed. As a result, Congress could not even pay its own members. It could not raise a national army without the states permission. State leaders were afraid the national government would use such an army to force them to obey national laws. No state wanted to be under the rule of one person; therefore, the Articles did not allow a single person to control the government. The states were 4
afraid of giving one person too much authority because that person might become like a monarch. Laws passed and decisions made by Congress had to be approved by nine of the 13 states. However, the states seldom agreed on anything. Each wanted their own way. As a result, it could pass laws but could not force the states to comply with them. Tap here to have students use the Articles of Confederation interactive graphic organizer Trouble Begins Under the Articles of Confederation, the national government did not work well. George Washington called it a half-starved, limping government. Since Congress had the authority to print and coin money, it saw this as a way to pay off its debts from the war. However, they printed too much money which caused terrible inflation. Inflation is when prices go up and the purchasing value of money goes down. As a result, more and more money is needed to buy the same goods. During this time, for example, a twenty dollar bill could only buy two cents worth of goods! Many people, such as the soldiers who fought in the war but were never paid, soon had money problems. They were already paying taxes to their state which they felt were too high but, since many of them were farmers they also needed to buy tools and seeds for planting. Many of them borrowed the money they needed and soon went into debt. If they could not pay back their debts right away the state could take their land or send them to prison. Many farmers decided to protest to their state governments. Once such protest known as Shays s Rebellion turned violent. In the fall of 1786, Daniel Shays, a former captain in the Continental army led 1,200 other farmers in demonstrating their anger against their home state of Massachusetts. In January 1787 they attacked a government building that was used to store weapons. Once the weapons were in their hands they began 5
attacking the courthouses in an effort to close them. It was the courthouses that were making the decisions whether or not to take the farmers land and throw them in jail if they could not pay back their debts. The governor of Massachusetts responded by calling out the state militia to end the rebellion. In the end, four people had died in the fighting. people. Many people feared the unrest would soon spread to other states. Daniel Shays Shays s Rebellion was quickly put down, but it showed that people were not happy with their government. Unfortunately, because the articles of confederation were so weak, Congress could do very little to help the Tap here to watch a SchoolTube video on Shays Rebellion 6
Use the following interactive link to look at Shays Rebellion & the Making of a Nation Topics covered are: Historic Scenes People Artifacts & Documents Themes & Essays Songs & Music Timeline Maps http://shaysrebellion.stcc.edu/index.html T he Wes tern Lands Considered to be one of the most significant achievements of the Congress under the Articles of Confederation, the Northwest Ordinance of 1787 put the world on notice not only that the land north of the Ohio River and east of the Mississippi would be settled but that it would eventually become part of the United States. The area opened up by the Ordinance was based on lines originally laid out in 1784 by Thomas Jefferson in his Report of Government for Western Lands. Until then this area had been forbidden to development by Britain s Proclamation Line of 1763. It was originally reserved for the Indians; however, once the new United States was independent, it opened the frontier to settlement. Increasing numbers of settlers were attracted to what are now the states of Ohio, Indiana, Illinois, Michigan and Wisconsin. This land was originally known as the Northwest Territory. A territory is land that belongs to a national government but is not a state. This pressure together with the demand from the Ohio Land Company, soon to obtain vast holdings in the Northwest, prompted Congress in 1787 to pass the Northwest Ordinance. The ordinance, or set of laws, set up governments in the Northwest Territory, and described the steps by which new states would be 7
that the Indian peoples should be treated fairly, and outlawed slavery there. Prior to the passage of the Northwest Ordinance, two years earlier in 1785, Congress set up a system to survey, or measure, the western lands. The land was divided into squares called townships. Each side of a township measured 6 miles. Each township, in turn, was divided into 36 squares, or sections. This system formed. The Ordinance provided for the creation of not less than three or more than five states. In addition, it contained provisions for the advancement of education through the building of schools, stated 8
of surveying by townships and sections can still be seen in parts of the United States today. The Northwest Ordinance was a good plan for the growth of the United States and showed what could be done when members of Congress worked together for the greater good. Tap here to watch BrainPOP s Articles of Confederation A New Plan for Government Twenty-nine year old James Madison was the youngest member of Congress and was a lifelong student of government. Madison was worried about the weakness of the Articles of Confederation and the lack of authority Congress had over the states. This led him to say that Congress had become a rope of sand. Other leaders such as George Washington, Thomas Jefferson, and John Adams agreed with him, and all four men began arguing for a stronger national government to keep the country from falling apart. Others such as Patrick Henry of Virginia did not agree. They were afraid of a strong national government. A rope of sand, they said, was better than a rod of iron. In the words of George Washington, the government created by the Articles of the Confederation was "little more than a shadow without the substance." Since the confederation was really 13 separate states rather than one nation, the country was not united. In fact, the British called it the Disunited States. It was clear there was a need for a stronger central government. 9
Agreeing To Work Together The states argued constantly with each other over such things as borders and trade. For example, Maryland and Virginia quarreled over who had the right to control the Potomac River, which ran between them. Both wanted control of the river because it was used for shipping. The states also argued about money. In addition to the money printed by the national government, the states printed their own money too. This led to arguments over whose money would be used when people from one state bought goods in another state. States even began taxing each other s goods. Things became so difficult that a convention, or important meeting, was held in Annapolis, Maryland in September 1789. Alexander Hamilton of New York and James Madison of Virginia called the meeting to give the states a chance to talk out their problems. However, only five states; New York, New Jersey, Pennsylvania, Delaware, and Virginia bothered to attend. After talking for days the delegates, or representatives, realized what the country needed was a stronger central government. This meant that the Articles of Confederation would need to be changed. The delegates decided to send a letter to Congress asking it to call a second convention that would give delegates from all the states the chance to meet and 10
discuss their problems and decide if changes the Articles would help to solve them. After Shays Rebellion Congress agreed and each state was asked to send delegates to a convention to be held in Philadelphia in the spring of 1787. Only Rhode Island refused the invitation. One of the first to arrive was George Washington of Virginia. Washington was 55 years old and the most honored hero of the American Revolution. The delegates quickly elected him president of the convention. Another famous arrival was Benjamin Franklin. At 81 years old Franklin was currently serving as governor of Pennsylvania and was the oldest delegate to attend the convention. In all, 55 delegates from 12 states attended. Many of them were lawyers, planters, and judges. Some had signed the Declaration of Independence, and almost all were members of Congress. Since many of them were slave owners this would lead to some very heated arguments when discussing the new plan for government. Some famous people could not or would not attend. Thomas Jefferson was serving as ambassador to France while John Adams was serving as ambassador to Britain. His cousin Samuel Adams was too sick to attend, while Patrick Henry refused to 11
participate because he thought a stronger national government was a bad idea. Most ordinary people did not attend. Purposely excluded were women, Native American Indians, and Africans. Many of the people who attended the Constitutional Convention are today called the Founding Fathers. Tap here to watch BrainPOP s Constitutional Convention T he Convent ion Begins From the beginning the delegates agreed to meet in secrecy. They believed this would help them make the necessary decisions for the country without any interference. Despite the summer heat, the windows of the Pennsylvania State House, now called Independence Hall, were sealed shut. Guards watched the doors and hallways. Once the meeting began it was quickly realized that fixing the Articles of Confederation would not be enough. The delegates decided to throw out the Articles and begin writing a whole new plan for government. The meeting became known as the Constitutional Convention. The main goal of the Convention was to create a Government balanced between Federal power and individual rights. At the end of the Convention, the delegates wrote a Constitution. That same Constitution still determines how the U.S. Government works today. It is the supreme law of the land, the source of all Government powers, and provides important limitations on the Government to protect the rights of every U.S. citizen. As the delegates wrote out the new rules of government, they gave Gouverneur Morris of Pennsylvania the job of writing down all the ideas that had been approved during the convention. In the introduction to the Constitution, known as the Preamble, Morris began with the words We the 12
People of the United States, so that Americans everywhere would know that the Constitution made them citizens of the nation first and citizens of their state second. Morris went on to explain in the Preamble that the purpose of the Constitution was to create a better plan of government that would work toward justice and peace. It would allow the nation to defend itself against enemies and promote the country s well-being. And it would provide the blessings of liberty for its citizens. Tap here to watch School House Rock s The Preamble Tap here to watch & hear We the People (Constitution Song) 13
Debates & Compromises The delegates to the convention debated for months over what would be included in the Constitution and finally succeeded in creating the document because the delegates were willing to compromise. To compromise means to give up some of what you want in order to reach an agreement. A Federal System of Government One of the first things the delegates talked about was the relationship between the states and the new national government. Since some states were in favor of a strong central government and other states were opposed, they agreed to create a federal system in which authority to govern would be shared. The states would keep some authority, give away some authority, and share some authority with the new national government. The states would be allowed to run their own affairs, such as setting up schools and local governments. They would make local laws and set rules for state and local elections. The states would give away authority to the national government that affected the whole country. For example, the states would no longer print money, raise armies, or make treaties with other countries. The states would share authority with the national government too. For example, both would be able to raise money by taxing the people. What happens if the states and the national government do not agree? In that case the national government would have authority over the state governments. This is known as federalism. From the start of the convention, controversy arose over how each state would be represented in Congress. Most delegates agreed that the Congress should have two parts, or houses. But they disagreed about how representation should be chosen. Larger 14
states such as Virginia, New York, and Pennsylvania wanted their votes to count more than smaller states because they represented larger populations. Smaller states such as Rhode Island and New Jersey feared that their interests would be ignored. On May 29, 1787, Virginia governor Edmund Randolph, supported by James Madison, presented the Virginia Plan. The Virginia Plan said the number of representatives a state would have in Congress should be based on its population. This meant that the more people living in a state would mean more representatives and more votes in Congress. While the larger states seemed to support the Virginia Plan, the smaller states began to voice their disagreement. Believing this to be unfair, William Paterson, from New Jersey, warned that his state would never go along with the plan and would rather submit to a monarch. He then offered his own plan for representation, called the New Jersey Plan. Under the New Jersey Plan, the 15
new Congress would have one house rather than two. And each state would have only one vote. This favored the smaller states because it gave them the same representation as the larger ones. The delegates argued for weeks about which plan would be fairer. Finally, after the urging of George Washington, a special committee consisting of one member from each state sat down to work out a compromise. Roger Sherman, a delegate from Connecticut, proposed a legislature with two parts. This created a two-house Congress which gave equal representation to each state in the Senate, as in the Virginia Plan, and representation based on population in the House of Representatives, as in the New Jersey Plan. Small states feared they would be ignored if representation was based on population, while large states believed that their larger populations deserved more of a voice. Under this two-house system, each party would be represented in a balance of power. Each state would be equally represented in the Senate, with two Senators, while representation in the House of Representatives would be based upon population. In addition to this it was decided that either house could present a bill, or an idea for a new law. But both houses would have to agree to it before it could become a law. The delegates finally agreed. Because Sherman s compromise kept the plan for the Constitution alive, we now refer to this as the "Great Compromise." T he 3/5 s Compromise The conflict over slavery was complicated. Slavery had existed in some form throughout the history of the world for thousands of years. In the 13 Colonies, slavery was established shortly after the early settlements were established. At the time of the convention, nearly 4 million people lived in the United States. Almost 2 million lived in the southern states. Of that number, about 667,000 were slaves. Although many of the delegates to the Constitutional 16
Convention were personally opposed to slavery, all of them recognized that many of the agricultural plantations depended on slaves for their workers. While the institution of slavery was universally accepted in the South, there were a much smaller number of slaves working in northern colonies. The southern states wanted to count the slaves as population for representation in the new Congress. The northern states didn t want the slaves to count if they had no rights as citizens. They thought this would give the South an unfair advantage in votes taken in the House of Representatives. The delegates also debated how much each state should pay in taxes to support the new government. They agreed that each state s share should be based on population. This time, for reasons of taxation, the delegates from the southern states did not want slaves counted, while the delegates from the northern states did. Finally the two sides reached another compromise. The slaves would count as 3/5 of a person for representation in the House of Representatives and for paying taxes. For every five slaves, a state could count three. The delegates did not find it easy to compromise on every subject debated. The subject of slavery nearly broke up the convention, and the United States. More than one-fourth of the delegates, including George Washington, owned slaves. If the Constitution was to stand for liberty, how could it allow slavery? Delegates from three of the southern states threatened that their states would refuse to be a part of the national 17
government if it denied their citizens the right to buy, sell, and own slaves. Delegates from other states opposed slavery, but they wanted the southern states to be a part of the United States. Fearing that the southern states would break away from the Union the United States- the delegates compromised. They gave Congress the authority to make laws controlling trade. But Congress could not stop the slave trade for at least 20 more years. That would allow the slave trade could continue until 1808. In the meantime, the delegates took no steps to end slavery in the states. T he T hree Branches of Government One of the problems under the Articles of Confederation was that Congress was the only branch of government. It made the laws, approved the laws, and acted as a court to try and settle disagreements between the states. This created problems so; the delegates to the Constitutional Convention decided there would be three branches of government instead of one. Each would have its own authority. A legislative branch (Senate and House of Representatives) was created to make the laws. An executive branch (President and about 5,000,000 workers) would carry out the laws. A judicial branch (Supreme Court and lower Courts) would settle differences about the meaning of the laws. This became known as the separation of powers. Next, the delegate had to decide how the three branches would work together. The three branches of our federal government have their main headquarters in the city of Washington D.C., the capital city of the United States. "D.C." stands for the District of Columbia. The District of Columbia is not a state. It does not belong to a state either. It is a district which acts like a combination of a city and state. The District of Columbia is a unique area where national government business is conducted. 18
the duty of the Executive branch to run the day-to-day business of government and to see that the laws of our nation are carried out. The Executive Branch The President of the United States runs the Executive Branch of our government. He enforces the laws that the Legislative Branch (Congress) makes. The President is elected by United States citizens, 18 years of age and older, who vote in the presidential elections in their states. The president serves for four years and can only be reelected once to another four year term. The Constitution says that the United States must have a President and a Vice President. These two people and the people who work for them belong to the Executive Branch of the federal government. It is The President is the highest representative of the people of our nation. The Presidential Seal has fifty stars surrounding it to show that the President represents all United States citizens. He or she must focus on the welfare of the entire nation, not just the people in one state or district like senators and representatives. During this time many delegates to the Constitutional Convention felt that most people were not educated enough or informed enough to have a say in government. After a long debate it was decided the President would be chosen by having citizens vote for electors, who in turn would vote for the executive. This group of electors is called the electoral college, which still functions today. 19
The delegates also had long debates about how much authority the President should have. They finally decided on the following: The President Can: represents our country in discussions with other nations. leads our nation in times of war. makes suggestions to Congress about laws. writes the budget, but must get Congress to approve it. works closely with Congress to get laws passed or rejected. entertain foreign guests. grant pardons. talk directly to the people about problems. represent the best interest of all the people The President Cannot: make laws. declare war. decide how federal money will be spent. interpret laws. enforce the laws that Congress passes. Veto, or reject, bills passed by Congress. call out troops to protect our nation against an attack. 20
The President has the most important job in the nation. The President also chooses people to help him. Some of these are on his personal staff, like the press secretary and speech writers. If a President dies or is in some other way unable to carry out his job, the Vice President becomes the new President of the United States. If a President fails to carry out his duties, or breaks the law, Congress can impeach him. This means it could accuse the president of wrong doing. The President then could be tried and removed from office. The Legislative Branch The Legislative part of our government is called Congress. Just like under the Articles of Confederation, Congress makes our laws. The new Congress, for example, could make laws to raise taxes, control trade with other countries, print and coin money, raise an army and navy, and declare war. Congress is divided into 2 parts. One part is called the Senate. There are 100 Senators--2 from each of our states. Another part is called the House of Representatives. Today there are 435 Representatives. 21
The number of representatives each state gets is determined by its population. A census, or population count, would be taken every ten years to determine the number of people in each state. Some states have just 2 representatives. Others have as many as 40. Men and women who belong to the House of Representatives are called representatives. They may also be called congressmen or congresswomen. Senators and Representatives meet to discuss ideas and decide if these ideas (bills) should become laws. A bill can begin in either house. For a bill to become a law, the majority, or greater part, of each house would have to vote for it. Today both senators and representatives are elected by the eligible voters in their states. Each of the fifty states elects two men or women to the Senate of the United States. These senators stay in office for six years. Then they must try to get elected again if they want to stay in the Senate. The number of representatives a state sends to the House of Representatives depends on how many people live in the state. Representatives stay in office for only two years. If they want to stay in the House of Representatives, they must run for reelection every two years. The Judicial Branch The Judicial part of our federal government includes the Supreme Court and 9 Justices. They are special judges who interpret laws and decide if they are working fairly. These justices only hear cases that pertain to national laws, treaties or the Constitution. 22
The Judicial Branch of the federal government interprets and reviews the laws of the nation. The group that has the job of interpreting and reviewing the laws of the land is the Supreme Court. It is the highest court in the nation. The Supreme Court of the United States meets in the Supreme Court Building in Washington D.C. Many arguments about federal rules and laws come up in such a large country as the United States. Someone must be like an umpire and make the final decisions. Someone must settle these arguments in a fair way. The Constitution has a special plan to solve this problem. It provides for a system of lower courts located in each state. These lower courts are called federal district courts. Disagreements and trials may start in the lower courts. If someone loses a case in the federal district court, he can try to have the decision changed by taking his case to a higher court called the Circuit Court of Appeals. If he loses there, too, he may be able to take his case to the final judges-- the Supreme Court in Washington D.C. The Supreme Court only accepts cases on special constitutional problems. What this court says is the last decision. There is no appeal beyond this Supreme Court. At the Constitutional Convention some delegates wanted Congress to choose the justices, while others wanted the president to have this authority. A compromise was worked out. The president would name the justices, and the Senate would vote to approve them. It was also decided that once approved, a justice would stay in office for life. This was done so justices could reach decisions fairly without worrying about losing their jobs. Use the following link to watch Liberty`s Kids: "We the People" Constitutional Convention - Part I https://www.youtube.com/watch?v=cntnuetl904 23
Use the following link to watch Liberty`s Kids: "We the People" Constitutional Convention - Part II https://www.youtube.com/watch?v=1zocuxjzcsg branch would be able to have too much power. One branch would therefore check, or limit, the authority of the others. Use the following link to watch Peanuts and the Constitutional Convention https://www.schooltube.com/video/ 8340c13e5ab94e3ea887/The%20Constitutional %20Convention%20of%201787- Checks and Balances When the Constitution divided the Government into three branches: legislative, executive, and judicial, this became known as separation of powers. This was an important decision because it gave specific powers to each branch and set up something called checks and balances. Just like the phrase sounds, the point of checks and balances were to make sure no one Congress, for example, can check the authority of the President by overriding the president s veto. To override a veto means to vote to cancel it. The Supreme Court can check the authority of Congress by ruling that a law is unconstitutional, or does not follow the Constitution. The President can check the 24
authority of the Supreme Court by choosing its justices. To see a comparison of the three branches of Government, visit Kids.gov. 25