Chapter 3

Creating a Constitution
 Section 1

In November 1777 the Continental

Congress adopted the Articles of
Confederation, a plan for a loose union
of the states under the authority of the
Congress.
Without the power to tax or
regulate trade, the government
depended on state contributions
for funding.
 Many states restricted British imports, but
they did not all impose the same duties, or
taxes, on foreign goods. The British took
their goods to the states with the lowest
taxes. From there they moved those products
to the other states.
 The states tried to prevent the British from exploiting
the different trade laws by levying tariffs on British
goods that crossed state lines. The Congress could not
address the problem because it had no power to
regulate commerce. Each state was beginning to act
independently, which threatened the unity of the new
nation.
 Before the war, many American merchants and planters had borrowed
money from British lenders. The United States had agreed that the states
would let the British lenders sue in American courts to recover their debts.
Many states courts often sided with the American debtors. In retaliation,
British forces continued to occupy frontier posts despite a provision in the
treaty calling for them to leave American soil. The Congress had no power to
impose taxes to raise the money for a financial settlement with Britain, or to
raise an army to enforce the treaty.
 American dealings with Spain also showed the
weaknesses of the Articles of Confederation. The
United States wanted to claim land in North
America that Spain also claimed. The Congresss
limited power prevented a diplomatic solution.
 Success of Articles Of Confederation

In addition to organizing western

settlement, the Congress tried to promote
trade with other nations, including
Holland, Prussia, and Sweden, through
new treaties.
 Section 2
People who supported a stronger central government became known as
nationalists. Influential nationalists included Benjamin Franklin, George
Washington, John Adams, James Madison, and the financier Robert Morris.
 Virginia Plan
The Virginia delegation brought a detailed planmostly the work of
James Madisonfor a new national government. The Virginia Plan
recommended scrapping the Articles of Confederation and creating
a new national government with the power to make laws binding
upon the states and to raise money through taxes.
 The Virginia Plan proposed that the government be divided into
legislative, executive, and judicial branches, and that the
legislature, or Congress, be divided into two houses. The voters in
each state would elect members of the first house. Members of the
second house would be nominated by the state governments, but
actually elected by the first house.
 The Virginia Plan drew sharp reactions. The delegates accepted the idea
of dividing the government into three branches, but the smaller states
strongly opposed any changes that would base representation on
population.
They feared that the larger states would outvote them. William Paterson,
a New Jersey delegate, offered a counterproposal that came to be called
the New Jersey Plan. The plan modified the Articles of Confederation
instead of abandoning them. It called for Congress to have a single house
in which each state was equally represented and gave Congress the
power to raise taxes and regulate trade.
 The compromise the committee worked out was based on a proposal from
Roger Sherman of Connecticut. Called the Connecticut Compromise, or the
Great Compromise, it proposed that in one house of Congressthe House
of Representativesrepresentation would be based on population. In the
other housethe Senatethe states would have equal representation. Voters
would elect the representatives, but the state legislatures would choose the
senators.
 The new Constitution was based on the idea of popular
sovereignty, or rule by the people. Rather than a direct
democracy, it created a system of government in which elected
officials represented the voice of the people. The new Constitution
also established federalism, a system that divided power between
the federal, or national, government and state governments.
 In addition to separating the powers of the government, the delegates to
the convention created a system of checks and balances to prevent any
one branch from becoming too powerful. Within this system, each branch
would have some ability to limit the power of the other branches.
Under the Constitution, the presidentas head of the executive branch
was given far-reaching powers. The president would be commander in
chief of the armed forces. The president could also propose legislation,
appoint judges, put down rebellions, and veto , or reject, acts of
Congress.
 Although the president could veto acts of Congress, the legislative
branch would have the power to override a presidential veto with a
two-thirds vote in both houses. The Senate would have to approve
or reject presidential appointments to the executive branch, as well
as any treaties with foreign nations. Congress could even impeach,
or formally accuse of misconduct, and remove the president or
other high officials from office.
 Members of the judicial branch would hear all cases arising under
federal law and the Constitution. The powers of the judiciary would
be balanced by the other two branches. The president would have
the power to nominate members of the judiciary, but the Senate
would have to confirm such nominations. Finally, Congress would
have the power to remove federal judges and Supreme Court
justices.
 Section 3
As soon as the Constitutional Convention in Philadelphia ended, delegates
rushed home to begin the campaign for ratification. Each state would hold a
convention to vote on the new Constitution. Nine states had to vote for the
Constitution to put it into effect. As Americans learned about the new plan
of government, they began to argue over whether it should be ratified.
 Federalists
Supporters of the Constitution called themselves Federalists.
It emphasized that the Constitution would create a federal system.
Federalists believed that power should be divided between a central
government and state governments.
 Some Federalists were large landowners who wanted the property protection a
strong central government could provide.
Supporters also included merchants and artisans living in large coastal cities.
They believed that an effective federal government that could impose taxes on
foreign goods would help their businesses.
Many farmers who lived near the coast or along rivers that led to the coast also
supported the Constitution, as did farmers who shipped goods across state borders.
These farmers depended on trade for their livelihood and wanted a strong central
government that could regulate trade consistently.
 Anti- Federalists
Opponents of the Constitution were called Anti-Federalistsa misleading
name, as they were not against federalism. They accepted the need for a
national government, but the real issue for them was whether the national
government or the state governments would be supreme.
 The Federalists arguments for ratification were summarized in The
Federalista collection of 85 essays written by James Madison, Alexander
Hamilton, and John Jay. The essays explained the new framework of
government created by the Constitution and why it was needed.
 The first state conventions for ratification took place in December 1787 and
January 1788. Although Delaware, Pennsylvania, New Jersey, Georgia, and
Connecticut all quickly ratified the Constitution, the most important battles
still lay ahead.
 In Massachusetts, Anti-Federalists held a clear majority when the convention
met in January 1788. Among them were John Hancock and Samuel Adams,
who both had signed the Declaration of Independence. Federalists moved
quickly to meet Adamss objections to the Constitution. Specifically,
Federalists promised to attach a bill of rightsguarantees of fundamental
individual rightsto the Constitution once it was ratified, although they
contended it was not necessary:
 By July 1788, all the states except Rhode Island and North Carolina had
ratified the Constitution. The new government could be launched without
their ratification votes.
In mid-September 1788, the Congress set up a timetable for the election of
the new government. It chose March 4, 1789, as the date for the first meeting
of the new Congress.
 In New York, the majority of the convention members were Anti-Federalists.
The Federalists, led by Alexander Hamilton and John Jay, managed to delay
the final vote until news arrived that New Hampshire and Virginia had both
voted for the Constitution. Soon after ratification by New Hampshire and
Virginia, delegates from New York City warned that the city would secede
from the state of New York if the new Constitution were not ratified. This
was effective.
 George Washington was elected unanimously by the Electoral College to be
the first president under the new Constitution.