Lecture Notes, Chapter 7 1

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1 What kind of democracy? Pure democracy Greeks Republican in form NOT Republican Party representative White Males only landowning Left door open to non-landowning later States Drafting of State Constitutions Primarily: Outlining the distribution and limitations of power. Lecture notes, Chapter 7 1 Little attention was devoted to National Constitution or Gov t Belief was that greater power resided in the States Strongest beliefs held in South Yoke of one Tyrant was thrown off (England) Did not want to replace one with another Any type of Gov t would be weak by our standards today. Lecture notes, Chapter 7 2 Articles of Confederation, 1777 Sent to States for ratification No Executive Branch (President) No Judicial Branch (Federal Courts) Could not regulate commerce Could not Tax lacked enforcement Required all 13 states to amend itself Very difficult to do any one state could be spoiler Lecture notes, Chapter 7 3 Lecture Notes, Chapter 7 1

2 Legacy Articles helped resolve war with England Peace of Paris, 1783 Expand territory (Land Ordinances) Provided somewhat of a national framework for 11 years, until new constitution done Were considered too weak for a fledgling country of independent states. Lecture notes, Chapter 7 4 Northwest Ordinance(s) 1784, 1785 and , 1785 dealt with new territory northwest of settled territory (no more than five, but no fewer than 3 states would be created) Land sectioned off in townships 6 miles square» Each divided into 36 sections»sale of 16 th section was to provide for a school» Thomas Jefferson s mark education to help elect qualified people and sustain republic. Lecture notes, Chapter 7 5 Northwest Ordinance, con t When population reached 60,000 statehood could be petitioned Gradual process built in to lead towards statehood 1787 last of three, very important Guaranteed rights to citizens even before statehood Prohibited slavery (not done in Constitution) Lecture notes, Chapter 7 6 Lecture Notes, Chapter 7 2

3 Trouble in Northwest Territory Indian tribes did not recognize American authority to reside there. Early settlers attacked and raided along frontier 1795 Battle of Fallen Timbers Indians defeated General Anthony Wayne victorious Another weakness of Articles of Confederation» Not until Constitution would government be able to muster an army to protect settlers on frontier Lecture notes, Chapter 7 7 Shay s Rebellion, 1786 Daniel Shay and Job Shattuck Revolutionary veterans Massachusetts hard money policy Many farms to be foreclosed on What did we fight for? lose everything? Headed for federal arsenal at Springfield, Mass Rebellion put down, but leaders knew more would follow if something wasn t done. Lecture notes, Chapter 7 8 May, 1787, 55 delegates met in Philadelphia Behind closed doors/secret from public Boldly decided to scrap articles and start anew James Madison Father of Constitution Kept a daily journal of activities Other writings ideas of Checks and Balances Debate was hotly contested More than once convention almost ended due to irreconcilable differences. Lecture notes, Chapter 7 9 Lecture Notes, Chapter 7 3

4 Benjamin Franklin there as a calming force when tempers flared Great Compromise Roger Sherman, Conn. Two Legislative Houses One by population (favored by New York/Virginia) One equal representation (favored by Rhode Island)» House of Representatives»Senate Agreeable but one more issue loomed: slaves Lecture notes, Chapter 7 10 Northerners: - Slaves should be counted as whole people for taxation Southerners: - Slaves should be counted as whole people for representation Neither side saw the other s point of view 3/5 th s Compromise Slaves counted as 3/5 th s a person for representation and taxation Lecture notes, Chapter 7 11 New Constitution Three Branches Legislative meant to be strongest Executive President Judicial Supreme Court and Federal Courts Checks and Balances Example: President commander and chief of armed forces Only Congress can declare war Lecture notes, Chapter 7 12 Lecture Notes, Chapter 7 4

5 Bill of Rights First 10 Amendment of Constitution 1. Freedom of Speech, Press and Religion 2. Right to keep and bare Arms/Militia 3. No Quartering of Troops 4. Freedom from Unreasonable search and seizures 5. Freedom from Double Jeopardy 6. Right to speedy and public trial of peers 7. Civil suits over $20 trial with jury 8. No excessive bail or cruel and unusual punishment 9. Nothing written here is done to deny anything not written 10. State Rights what is not prohibited nor expressed for U.S. Lecture notes, Chapter 7 13 Sent to states for ratification Only 9 states had to ratify to be accepted Learned lesson of Articles of Confederation Debate spilled over into states Federalists vs. Anti-Federalists Federalist Papers Hamilton, Jay, Madison Anti-Federalist Papers Those in opposition» Published in New York papers under publius» Helped sway opinion for ratification Lecture notes, Chapter 7 14 Nine states ratified by June, 1788 New York and Virginia hadn t They were two largest of states and needed badly for real support New York ratified in July 26, 1788 Virginia had ratified by that time Last two states, North Carolina and North Carolina made it unanimous by May, Lecture notes, Chapter 7 15 Lecture Notes, Chapter 7 5

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