Confederation and Constitution, 1783-1789

1. Confederation and Constitution,
1783-1789

2. Treaty of Paris, 1783

3. The United States in 1787

4. Indian Land Cessions, 1768-1799

5. State Claims to Western Lands

6. Disputed Spanish/US Claims, 1783-1796

7. Articles of Confederation, 1777-1789
War for independence required coordination
among states
Unicameral Congress (each state has one vote,
9/13 votes to pass, 13/ 13 to amend Articles)
Ran foreign and Native American relations,
military, and settled disputes between states
No executive or judicial branches
No power to tax

8. Land Ordinance of 1785
• Divided land into grid sections and townships
• One section set aside to finance school system
• Land sold for minimum of $1 gold per acre

9. NW Territory Ordinance of 1787
Created five new territories;
provided a Bill of Rights, slavery
outlawed
Steps to statehood:
1. Congress appointed territorial
governor and three judges
2. Pop. 5,000 adult male
landowners  territorial
legislature
3. 60,000  a state constitutional
convention

10. Lack of Economic Recovery
• Slow economic recovery after Revolution;
trade deficits, severe currency inflation
American Trade with Britain: 1783-1789

11. Foreign Relations Troubles
• Congress failed to get states to collect debts
owed British merchants
• British refused to evacuate Ohio River Valley
• Spain closed New Orleans to American
commerce in 1784

12. Wholesale
Price
Index:
1770-1789

13. Daniel Shays’ Rebellion 1786-7
Western Massachusetts
farmer crushed by debt
“There could be no
stronger evidence of the
want of energy in our
governments than these
disorders.”
– George Washington

14. The Philadelphia Convention
• May 1787 – 55 delegates 12/13 states (no RI)
• Secrecy imposed
• Vote by state, needed only 9/13

15. Enlightenment philosophy
+ Classical republics (Athens & Rome)
+ Ideal citizen (Cincinnatus)
+ Winthrop’s “City Upon a Hill”
The Virtuous Republic

16. The Virtuous Republic
• How to balance liberty/social order?
• Meaning of equality? = social class hierarchy is
challenged
• Balance of property rights/equality?
1. Consent of the governed – “We the People”
2. Limited gov power
3. Written constitution
4.Frequent elections
5. Gov guaranteed individual rights & freedoms

18. Virginia Plan

19. New Jersey Plan

20. The Great Compromise

21. Principles
• Separation of Powers (checks and balances) – allows
each of the three branches of government to limit the
powers of other two

23. The Great Compromise
• Each state = two delegates Senate
• House of Representatives = delegates based
on population
• 3/5 Compromise - slave pop counted for
House representation
• Money bills must originate in House

24. Compromising with Slavery
• 3/5 Compromise - slave pop counted for
House representation
• Slave trade permitted to continue to 1808
“Great as the evil is, a dismemberment of
the Union would be worse.”
—James Madison

25. Parts of the Constitution
• Preamble
o Explains why the Articles of Confederation were
replaced, it also list six goals of our government
• Articles
o Describe the structure of the US government
• Amendments
o Additions or changes to the Constitution

26. The Preamble
We the People of the United States, in Order
to form a more perfect Union, establish
Justice, insure domestic Tranquility, provide
for the common defense, promote the
general Welfare, and secure the Blessings of
Liberty to ourselves and our Posterity,
do ordain and establish this Constitution for
the United States of America.

27. Preamble – establishes purpose
• Popular Sovereignty – the People rule (“We the People”);
government reflects the will of the people through elected
officials
• “to form a more perfect union” - to unite states so they can
operate as a single nation
• “establish justice” - to create fair laws and courts to insure all
citizens are treated equally
• “insure domestic tranquility” – to maintain peace and order
• “provide for the common defense” – to protect citizens from
foreign attacks
• “promote the general welfare” - to help people live healthy,
happy, and prosperous lives
• “secure the blessings of liberty to ourselves and our posterity” -
to guarantee freedom and basic rights of all Americans, including
future generations (posterity)

28. Article I – the Legislative Branch
• Framers intended for the
legislative branch to take the
leading role in govt.
• Congress made of two houses -
Senate and House of
Representatives
• Have all lawmaking/ legislative
authority (most important)

29. Principles
• Federalism (division of power between state and
national gov.)
• Enumerated powers: powers specifically given to the
national govt. - control immigration, maintain army,
establish postal system
• Reserved powers - powers given to the states –
establish public schools, rules for marriage & divorce ,
police organizations
• Concurrent powers: shared by national & state govt.
- collect taxes, borrow money, set up courts &
prisoners

30. Article II – the Executive Branch
• Law-enforcement branch
headed by the president

31. Article III – the Judicial Branch
• One Supreme Court and lower courts as Congress deems
appropriate
• May hear cases involving the Constitution and disputes
between states

32. Article IV – the States
• Full Faith and Credit - states must respect each other’s
laws, court decisions, and records
• Process of creating new states and promises of the
federal government to protect and defend the states

33. Article V – Amendments
• Amendment = any change to the US Constitution
• Two ways to amend:
• 2/3 of both houses to vote yes on amendment
• National convention requested by 2/3 of the states
• Ratification: 3/4 of states must ratify

34. Article VI – “Supreme Law of the Land”
• Constitution is highest law in the American legal system
• Federal law prevails over state law if in conflict

35. Article VII – Ratification
• Took nine states to ratify

36. Federalists
• Supported the Constitution
• The Federalist Papers – James Madison,
Alexander Hamilton, John Jay

37. Anti-Federalists
• Opposed to Constitution
• Distrusted government removed from direct
control of the people
• Feared the new Constitution favored the rich
and powerful - ideas later reflected in the
Age of Jackson

38. Amendments 1-10 - The Bill of Rights
• Guarantee basic civil liberties – freedoms to think and
act w/o govt. interference or fear of unfair treatment

39. Amendment 1
• Protects
1. Freedom of
Religion
2. … Speech
3. … the Press
4. … Assembly
5. … to Petition
Congress shall make no law
respecting an establishment of
religion, or prohibiting the free
exercise thereof; or abridging
the freedom of speech, or of the
press; or the right of the people
peaceably to assemble, and to
petition the Government for a
redress of grievances.

40. Amendment 2
• right to serve in a
militia and bear arms
A well regulated Militia, being
necessary to the security of a
free State, the right of the people
to keep and bear Arms, shall not
be infringed.

41. Amendment 3
• Limits the power of
national govt. to
quarter soldiers
• Peacetime - soldiers
may not move into
private homes
without owners’
consent
• Wartime -
prohibited unless
requested by law
No Soldier shall, in time of peace
be quartered in any house,
without the consent of the
Owner, nor in time of war, but in
a manner to be prescribed by
law.

42. Amendment 4
• No unreasonable
search and seizures of
property - need a
search warrant or
probable cause
http://www.cbsnews.com/news/n
yc-stop-and-frisk-policy-violates-
constitutional-rights-federal-
judge-rules/
The right of the people to be
secure in their persons, houses,
papers, and effects, against
unreasonable searches and
seizures, shall not be violated,
and no Warrants shall issue, but
upon probable cause, supported
by Oath or affirmation, and
particularly describing the place
to be searched, and the persons
or things to be seized.

43. Amendment 5 No person shall be held to answer
for a capital, or otherwise
infamous crime, unless on a
presentment or indictment of a
Grand Jury, except in cases arising
in the land or naval forces, or in
the Militia, when in actual service
in time of War or public danger;
nor shall any person be subject for
the same offence to be twice put in
jeopardy of life or limb; nor shall
be compelled in any criminal case
to be a witness against himself,
nor be deprived of life, liberty, or
property, without due process of
law; nor shall private property be
taken for public use, without just
compensation.

44. Amendment 5
• Protects people accused of a crime
• No trial without formal charges
• No double jeopardy - cannot be tried twice for the same
crime
• Right to remain silent – no self incrimination
• Right to due process – must follow established legal
procedures
• Right to eminent domain - govt. cannot take property
without paying a fair price

45. Amendment 6
• Additional rights to
people who accused of
crimes
• Right to a speedy trial by
an impartial jury in the
state or district where
the crime was committed
• Right to be told the
charges; to call in
witnesses on their
behalf; and to be
represented by a lawyer.
In all criminal prosecutions,
the accused shall enjoy the
right to a speedy and public
trial, by an impartial jury of the
State and district wherein the
crime shall have been
committed, which district shall
have been previously
ascertained by law, and to be
informed of the nature and
cause of the accusation; to be
confronted with the witnesses
against him; to have
compulsory process for
obtaining witnesses in his
favor, and to have the
Assistance of Counsel for his
defence.

46. Amendment 7
• Guarantees right to a
jury trial in civil cases
(about individual rights
and legal obligations )
In Suits at common law, where
the value in controversy shall
exceed twenty dollars, the right
of trial by jury shall be
preserved, and no fact tried by a
jury, shall be otherwise re-
examined in any Court of the
United States, than according to
the rules of the common law.

47. Amendment 8
• Prohibits excessive bail
or fines
• Bail: sum of money
used as a security
deposit. If person
returns to trial,
money is returned.
If person flees,
money is forfeited.
• Forbids cruel and
unusual punishment
Excessive bail shall not be
required, nor excessive fines
imposed, nor cruel and unusual
punishments inflicted.

48. Amendment 9
• The rights listed are
not the only rights;
protects our unwritten
rights (i.e.
confidentiality in our
medical record and
financial records.)
The enumeration in the
Constitution, of certain rights,
shall not be construed to deny or
disparage others retained by the
people.

49. Amendment 10
• Powers not specifically
assigned to the
national govt. are
reserved powers
(belong to the states)
The powers not delegated to the
United States by the
Constitution, nor prohibited by
it to the States, are reserved to
the States respectively, or to the
people.