The Constitution

Articles of Confederation

Adopted in 1777 during the Revolutionary War, the Articles established the United States of America. The Articles granted limited powers to the central government, reserving most powers for the states. The result was a poorly defined national state that couldn't govern the country's finances or maintain stability. The Constitution replaced them in 1789.

First part of Consitiutional Convention.

The Constitutional Convention, as the meeting in Philadelphia came to be known, started on Friday, May 25. At first, the delegates offered ideas on how to improve the Articles of Confederation. Then they decided to write new constitution. In order to write it, the delegates worked hard for the next four months. One of the issues discussed was relationship between the states and the national government. Some delegates thought that there should be a strong national government. Others believed that the states should have more power than the national government. Only a few delegates agreed with George Read of Delaware. He said that the states should be done away with altogether. Even most of those who wanted a strong national government thought that getting rid of the states would be going too far. Instead, the delegates agreed to strengthen the existing federal system, in which the power to govern was shared by the national government and the state governments.

how the government tried to prevent shay's Rebellion.

Under the Articles of Confederation, there was no national army to defend United States property. Because Congress did not have an army to defend the arsenal, the governor of Massachusetts had to send the state militia to stop Shays. As a result of Shays's Rebellion, many began to fear that the government would be unable to prevent other violent protests. This made many leaders again start thinking about how best to strengthen the central government.

New Jersey Plan.

"Not fair!" replied the delegates from the small states when introduced Virginia plan. William Paterson of New Jersey accused the Virginia Plan of "striking at the existence of the lesser States." The plan would have given large states control of Congress. Paterson offered a different plan, called the New Jersey Plan. Under this plan, the new Congress would have one house, in which each state would be equally represented. This plan would give the small states the same number of representatives as the large states.

Virginia plan.

A major disagreement was about how each state would be represented in the new Congress. Edmund Randolph and the other Virginia delegates introduced a plan for Congress called the Virginia Plan. Under this plan, Congress would have two parts, or houses. The number of representatives that a state would have in both houses would be based on that state's population. States with more people would have more representatives and more votes in Congress. This plan would favor the large states, such as Virginia, Massachusetts, and Pennsylvania, which had many people.

Judicial Branch

According to Article III of the Constitution, the judicial branch must decide whether laws are working fairly. The judicial branch is the court system. Although the states already had their own courts, the delegates agreed to create a federal court system, too. The courts in this system would decide cases that dealt with the Constitution, treaties, and national laws. They would also decide cases between states and between citizens of different states. The delegates did not organize the judicial branch in the same way as the other branches. Most of their decisions applied only to the highest court in the United States, which they called the Supreme Court. The Supreme Court would head the judicial branch. Other courts would be created as needed.

More about Annapolis Convention.

After Shays's Rebellion, most of the states now agreed to the request of the delegates at the Annapolis Convention to send delegates to a convention in Philadelphia in the spring of 1787. Rhode Island was the only state that refused to send a delegate. Its leaders saw no need to change the Articles of Confederation. They feared a strong national governmentwould threaten the rights of citizens. Soon, leaders on both sides started presenting their views on such political matters by writing letters to newspapers. These letters could then be published for all to read.

Ideas for Change

After Shays's Rebellion, some people argued that Congress needed more power. James Madison, a Virginia leader, believed that the country needed to replace the Articles of Confederation. Other leaders in the United States, such as George Washington and John Adams, agreed with Madison. They wanted a national government that could keep the country from breaking apart. Washington worried that only a "rope of sand" was holding the nation together. Others did not agree with this call for a stronger national government. Patrick Henry, of Virginia, was one of many leaders who wanted to keep the Articles as they were. Henry argued that Americans had fought the British because they did not want a powerful government ruling their lives.

After Slavery compromise what happened?

After this issue was dealt with, some delegates still spoke out against slavery. Gouverneur Morris of Pennsylvania called slavery "the curse of heaven on the states where it prevailed [existed]." Other delegates were afraid that if the Constitution stopped states from importing slaves, the southern states would not approve it. The delegates agreed that Congress could not end the slave trade before 1808.

Congress split.

Congress became two houses—the House of Representatives and the Senate. Either house could propose most bills. For a bill to become law, a majority in each house would have to vote for it. Citizens were given the power to vote directly for members of the House of Representatives. Senators would be chosen by their state legislatures. Today, citizens vote directly for members of both houses of Congress. The number of members each state sent to the House of Representatives would depend on the state's population. Today, the number of representatives in the House is limited to 435. That number is divided among the states, based on their populations. In the Senate, each state has two senators. Article I outlines other rules for Congress that are still in effect. For example, members of the House of Representatives are elected to two-year terms, while members of the Senate serve six-year terms.

Troubles of passing a new law due to the congress.

Each state governed itself, but all were supposed to work together on national issues. However, the shortcomings, or weaknesses, of the Articles made it difficult for the national government to work effectively. Under the Articles of Confederation, delegates from the states met in a Congress. In order to pass any new law, delegates from at least 9 of the 13 states had to approve it. Often, however, not enough delegates were present to vote. Even when enough delegates were present, they rarely agreed, since no state wanted to be under the control of the other states. If the delegates approved a law, Congress still did not have the power to enforce it.

Economic Hardships

Economic problems during the 1780s made life difficult for many people in the United States. Some former soldiers still had not been paid for fighting in the Revolutionary War. Many Americans were poor, yet they had to pay high state taxes. To buy supplies, farmers often had to borrow money and go into debt. Going into debt caused even more problems for those who could not pay their debts or their taxes. The courts of some states took away their farms or threatened to send those who could not pay to prison.

Articles limited powers of national or central government.

For example, Congress had the power to declare war, make treaties, and borrow money, but it could not collect taxes. To cover expenses, such as debts from the war, Congress could ask the states for money, but it could not force the states to pay. The Articles also made Congress depend on the states for the nation's defense. Congress could ask for an army, but the states had to provide the soldiers.

who were the first three delegates who arrived at the Philadelphia convention, and how many were there in all?

George Washington, from Virginia, who received a hero's welcome for his service in the Revolutionary War. The delegates would elect him president of the convention. At 5 feet 4 inches tall and 100 pounds, James Madison, another Virginia delegate, did not command much attention. Madison was shy and quiet and preferred the company of books to people. Yet Madison's contributions would make him known as the Father of the Constitution. Benjamin Franklin, of Pennsylvania, made the most colorful entrance. Unable to walk or to ride in a bumpy carriage, the 81-year-old Franklin arrived in a Chinese sedan chair carried by prisoners from the Philadelphia jail.n all, 55 delegates from 12 states came to the convention at the Pennsylvania State House. Wealthy and educated, the delegates were mainly lawyers, planters, and merchants. All of the delegates were men, and all of them were white. There were no women or enslaved people present at the convention. At that time, not all people had equal rights.

The New Government

In 1789, George Washington was elected to be the nation's first President. John Adams became the first Vice President. Working with Congress, Washington set up a State Department, a Treasury Department, and a War Department that would become known as the Cabinet. Cabinet members advise the President. Two Cabinet members fought over what was better for America. Alexander Hamilton wanted stronger central government and Thomas Jefferson wanted less central government. This argument led to the rise of political parties, which is a group that tries to elect officials who will support its policies. Hamilton's followers formed the Federalist party. Jefferson's supporters became the Democratic-Republican Party, also known as the Jeffersonian Republicans. In Congress, members of both parties agreed to build a national capital on the Potomac River. George Washington chose the location for the city that came to carry his name. Benjamin Banneker, a free African American, helped the architect Pierre Charles L'Enfant plan the nation's capital. In 1800, the federal government was moved from Philadelphia to Washington, D.C. George Washington served as President for two terms, each of which was four years long. Many people wanted him to run for a third term. He refused because he did not think a President should hold power for life. His decision set an example for future Presidents.In the election of 1796, the Federalist party, led by Alexander Hamilton, backed John Adams as a candidate for President. The Jeffersonian Republican party backed Thomas Jefferson. When the votes were counted, Adams had won. On March 4, 1797, John Adams became the second President of the United States. The day he took the oath of office was an important day in history. It was the first time that the United States had changed leaders by means of a peaceful election.

Legislative Branch.

In Article I, the Constitution describes the legislative branch, or lawmaking branch, of the new government. Powers granted, or given, to Congress include making laws, raising an army and a navy, declaring war, and coining and printing money. It would also control commerce. Under the Articles of Confederation, Congress had been the only branch of the national government. Under the Constitution, three branches share those powers. The delegates created this separation of powers to keep any one branch from controlling the government.

Executive Branch

In Article II, the Constitution says the power to enforce laws made by Congress is given to the executive branch. Some delegates believed that one person should be the chief executive, or leader. Others worried that a single executive would be too much like a monarch. The delegates finally decided on a single chief executive—the President. Citizens vote for electors, who, in turn, vote for the President. This group of electors is called the electoral college.

Shay's Rebellion

Late in the summer of 1786, poor farmers in Massachusetts protested by refusing to let the courts meet. Armed with pitchforks and guns, the farmers shut down courthouses and destroyed debt records. These protests, known as Shays's Rebellion, were named for Daniel Shays, who had been a captain in the Continental Army. In January 1787, Shays's and his followers threatened to take over a Massachusetts arsenal, or weapons storehouse, owned by the central government.

The Struggle to Ratify the Constitution.

On September 17, 1787, work on the Constitution was completed. Thirty-nine delegates were still present at the Convention and all but three of them—Elbridge Gerry, George Mason, and Edmund Randolph—signed the Constitution because they disagreed with parts of the final document. As the delegates were signing the document, Benjamin Franklin stated how confident he felt in the nation's future. During the convention, Franklin had often looked at the chair used by George Washington. Its high back had a carving of the sun on it. Franklin had not been able to decide if the sun was supposed to be rising or setting. Now he said, "I have the happiness to know that it is a rising and not a setting sun." The Constitution was not yet the law of the land. According to Article VII, 9 of the 13 states had to ratify, or approve, the Constitution before it would be official. In each state, voters elected delegates to a state convention. These delegates would vote for or against the Constitution. At the state conventions, arguments began again. Many state delegates wanted the Constitution to limit the power of the federal government and to protect the basic rights of the people. Some delegates said they would be more willing to approve the Constitution if a bill, or list, of rights were added to it. Supporters of the Constitution promised to propose a bill of rights after the Constitution was ratified.

Bill of Rights.

Ten Amendments. 1st-gives people the freedom to follow any religion, or none at all. It also says the government cannot promote or financially support any religion. The First Amendment also protects freedom of speech, freedom of the press, and the right of people to assemble, or gather together. 2nd-protects people's right to have weapons. 3rd-The government cannot force people to house soldiers in peacetime. 4th-protects people against unreasonable searches of their homes. 5th-8th-deal with due process of law. This term means that people have the right to a fair public trial by a jury. They do not have to testify against themselves in court, and they have the right to have a lawyer defend them. If convicted, they cannot be sentenced to any cruel punishments. 9th-the people have many other rights not specifically listed in the Constitution. 10th-The national government can do only the things that are listed in the Constitution. This means that all other authority, called the reserved powers, belongs to the states or to the people.

Supreme Court.

The delegates decided that the President would nominate the Supreme Court justices, or judges. The Senate would vote whether to approve them. The delegates decided that Supreme Court justices could stay in office for life. This would allow justices to make decisions without worrying about losing their jobs. At first, there were six Supreme Court justices. Today, there are nine. The Supreme Court has the power to strike down any law that goes against the Constitution. Only by changing the Constitution can Congress restore a law struck down by the Supreme Court. The delegates understood that as the country grew, it might be necessary to change the Constitution. As part of their work, the delegates agreed on how to make amendments, or changes, to the Constitution. The first step in amending the Constitution requires a two-thirds vote in both houses of Congress or a two-thirds vote of all state legislatures. Then three-fourths of the states have to approve the amendment. This system is set up to give representatives the time they need to study an amendment.

Connecticut Compromise

The delegates decided to set up a committee to work out a compromise. In one committee meeting, Roger Sherman of Connecticut presented a new plan, called the Connecticut Compromise. It was based on the idea of a two-house Congress. In one house, representation would be based on the population of each state, as in the Virginia Plan. In the other house, each state would be equally represented, as in the New Jersey Plan. Either house could present a bill, or an idea for a new law. However, both houses had to approve a bill before it became a law. Committee members from the large states thought that the compromise gave too much power to the small states. To avoid this, the committee added another idea. Only the house in which representation was based on population would be able to propose tax bills. The committee presented the Great Compromise, as it became known, to the whole convention. Although the delegates continued to argue, many wanted to make sure that they would have a new plan of government. On July 16, 1787, they approved the Great Compromise.

What they also discussed in Annapolis Convention.

The delegates sent a report to the states and to Congress, suggesting that another convention should meet in Philadelphia, Pennsylvania, in May 1787. At this convention, representatives from the states would talk not only about commerce but about how to strengthen the Articles of Confederation. In January 1787, violent events in Massachusetts would demonstrate how little power the central government had under the Articles of Confederation. More leaders began to think that the Articles would have to be changed if the young nation were to survive.

The Preamble.

The delegates to the Constitutional Convention wrote the new Constitution with great care. Gouverneur Morris had the job of writing the final version of the Constitution. He spent long hours writing and rewriting each sentence. In the Preamble, or introduction, to the Constitution, Morris begins with these words: "We the People of the United States . . ." Morris had originally written "We the people of the States of New Hampshire, Massachusetts, . . ."and so on, listing all the states. However, he changed the words to show that the Constitution would make Americans citizens of the nation first and of the states second. These words also link the Constitution with an idea in the Declaration of Independence. The Declaration said that a government should derive, or get, its power from the people it governs. The Preamble goes on to explain that the purpose of the Constitution is to create a fairer form of government. This government would be based on some basic principles, or rules. One of these principles is the idea of the importance of individual liberty. The Constitution is designed to protect this liberty. Other principles of the Constitution include justice and peace. Also, the national government would be expected to defend the country and work for the good of the nation.

The Vote of Approval.

The first state to call for a vote on the Constitution was Delaware. In December 1787, all the Delaware state delegates voted to ratify the Constitution. Later that month, delegates in Pennsylvania and New Jersey also approved the Constitution. In January 1788, delegates in Georgia and Connecticut ratified it. Those in favor of the Constitution and those against it competed for the support of the remaining eight states. Those citizens who favored the Constitution came to be called Federalists. Federalists wanted a strong federal government. Those who disagreed with the Federalists became known as Anti-Federalists. Because the Constitution did not include a bill of rights, the Anti-Federalists feared that the national government would have too much power. The promise of a bill of rights, however, helped change the minds of many people. In February 1788, Massachusetts ratified the Constitution. In the spring, Maryland and South Carolina did the same. Then, on June 21, 1788, New Hampshire became the ninth state to ratify the Constitution. That was the number of states needed to put the Constitution into effect. Four days later, Virginia also ratified it, and New York followed in July. By the spring of 1789, the new government was at work. Later that year, North Carolina approved the Constitution. Rhode Island gave its approval in 1790.

second part of Constitutional convention

The states would keep some powers and share other powers with the federal government. The federal government would have all power over matters that affected the nation as a whole, such as commerce and defense. To keep power over their own affairs, the states would set up state and local governments, make state laws, and conduct state and local elections. Both the states and the federal government would have their own court systems and raise money by taxes. However, the states would no longer print money or have armies or navies. In the case of an attack by another country or state, the federal government would have to defend the states. The delegates set up this federal system so that the new rules of government would be the supreme law of the land. They called their plan the Constitution of the United States of America. The Constitution helped found the American republic, because it said that voters could participate in both state and national elections. In a republic, the people choose representatives to run the government. In this way, the Constitution would guarantee a republican form of government for both the states and the nation.

How to be President.

To be elected President, a person must be at least 35 years old and must have been born in the United States. The President must also have lived in the United States for 14 years. The President is elected to a four-year term. Once again, the delegates were careful to preserve the separation of powers. They decided that the President would be able to veto, or reject, bills passed by Congress. However, Congress could then override the President's veto with a two-thirds majority vote. The delegates also made the President commander in chief of the United States military. The President's main power, however, would be to "take care that the laws be faithfully executed." If this duty was not carried out, Congress could impeach the President, or accuse the President of crimes. If found guilty, the President could be removed from office.

Slavery Compromise

Under Roger Sherman's plan, population would affect each state's representation in Congress. This raised an important issue that troubled many people in the young nation—slavery. Delegates from the northern and the southern states argued about whether enslaved African Americans should be counted when figuring each state's population. The southern states had many more slaves than the northern states. Delegates from the southern states wanted to count slaves when figuring out how many representatives a state would have in Congress. That way, the southern states could count more people and have more representatives. Delegates from the northern states did not want slaves to be counted for representation. After all, these delegates argued, slaves were not allowed to vote and did not hold any of the other rights of citizenship. In addition, some delegates wanted slavery to end. The delegates finally agreed to count three-fifths of the total number of slaves in each state. The Three-fifths Compromise was attached to the Great Compromise. By settling the issue of representation, the delegates moved closer to forming a new government.

The Annapolis Convention

Under the Articles of Confederation, problems developed with commerce, or trade, in the states. Some goods cost much more in one state than in another. Disagreements over trade created problems because the central government could not control trade among the states. In 1786, some leaders called on the states to hold a convention, or important meeting, to discuss commerce. The convention was held in Annapolis, Maryland, in 1786. Only five states—Delaware, New Jersey, New York, Pennsylvania, and Virginia—sent delegates to the Annapolis Convention. After much debate, delegates decided that a stronger national government was needed to oversee commerce. This meant changing the Articles of Confederation. To change the Articles, however, all the states had to agree.