1777-1789. “What kind of government will we have?” Defining Nationhood and the Constitutional Crises of the 1780s. Successes: •Won the war •Land Ordinance of 1785 •NW Ordinance of 1787 •Treaty of Paris. Weaknesses: •Congress could not enact and collect taxes.
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“What kind of government will we have?”
Defining Nationhood and the Constitutional Crises of the 1780s
•Won the war
•Land Ordinance of 1785
•NW Ordinance of 1787
•Treaty of Paris
•Congress could not enact and collect taxes.
•Congress could not regulate interstate or foreign trade.
•Each state had only one vote in Congress, regardless of population.
•Nine out of 13 states needed to agree to pass any law.
•The Articles could be amended only if all states approved.
•There was no executive branch to enforce laws of Congress.
•There was no national court system to settle congressional law disputes.
Map 7.1 The Confederation and Western Land Claims (p. 199)
Northwest Ordinance animated
Source: ABC clio database.
New Jersey Plan
Equal representation not based on population
Representation based on population
Virginia Plan proposed by the larger states
Establish a national government with 3 branches.
Establish a bicameral Congress.
People elect 1 house
That house elects 2nd house
Representation in both houses based on state population
New Jersey plan proposed by small states
Establish a unicameral Congress
Each state to have 1 vote
States equally represented similar to the Articles of Confederation
VIRGINIA PLAN VS. NEW JERSEY PLAN
Issues of representative government would be argued at Constitutional Convention
3 BRANCHES OF GOVERNMENT
SEPARATION OF POWERS
3 Branches of the Federal Government
3 Branches are separate, have different powers, co-equal and checks and balances on one another to make sure one branch does not get to powerful
GREAT COMPROMISE CREATES CONGRESS
In order for the new Constitution to become the “law of the land”, 9 of 13 states had to ratify the Constitution.
Map 7.2 Ratifying the Constitution of 1787 (p. 208)
Favored stronger central government
Washington & Madison (VA), Hamilton (NY), John Jay, Franklin (PA)
Published 85 essays called “The Federalist Papers” defending and explaining the Constitution
Feared strong central government
Patrick Henry and George Mason (VA), John Hancock, George Clinton (NY)
Feared government abuse of individual rights
Called for a specific “Bill” of Rights
Art. 5, 6, 7
RISE OF POLITICAL PARTIES
Art. 5, 6, 7Anti Federalists
RISE OF POLITICAL PARTIES
FREEDOM of Religion, Press, Speech, Assembly, Petition
RIGHT TO KEEP AND BEAR ARMS
No QUARTERING of soldiers in peacetime
NO UNREASONABLE SEARCH and SEIZURE
PROTECTION of ACCUSED
RIGHT TO A SPEEDY, PUBLIC TRIAL BY JURY
TRIAL BY JURY IN CIVIL SUITS
NO EXCESSIVE FINES or CRUEL PUNISHMENT
POWERS RESERVED TO THE PEOPLE
POWERS RESERVED TO THE STATES
"BILL OF RIGHTS"
First 10 Amendments to the Constitution in 1791Rights and freedoms won in the Revolution are preserved and protected…
US GOVERNMENT IN 1789
With the new constitution, the National Government was given the power to tax, regulate trade, enforce its laws and over the states. National Govt. law would always be over the states.
New Constitution gave the National Govt. 60% of governmental powers….National Govt. was over the states……..
States given 40% of governmental powers…States would have some powers to control their own affairs.
Articles of Confederation
States have most of the power and national govt. has little.
No executive to carry out the laws of Congress
No national courts---only state courts
9/13 states have to approve a law before it goes into effect
Congress has no power to tax
Congress can not regulate trade among the states.
Each state coined its own money. No national currency.
Articles only a “firm league of friendship”
States have some power, but most power is given to the national govt.
3 branches of govt.
Checks and balances
Congress given the power to tax, regulate trade and enforce laws.
Only national govt. has the power to coin money
Bicameral (2 house) Congress
Equal Representation by States and a State’s population
Constitution established a strong National Govt. over the States and to form a more “perfect union”
US Governments in 1781 and 1789