Education from LVA: Virginia Plan 1. Why are these resolves known as the Virginia Plan? 2. Why did George Washington write this plan down? Further Discussion 1. What parts of the Virginia Plan ultimately made it into the United States Constitution? What parts of the plan did not make it? Links Suggested Reading Farrand, Max, ed. The Records of the Federal Convention of 1787. New Haven: Yale University Press, 1911. Rutland, Robert A., et al., eds. The Papers of James Madison, Vol. 10: 27 May 1787–3 March 1788. Edited by Robert A. Rutland et al., 3–19. Chicago: University of Chicago Press, 1977. The Papers of George Washington, Digital Edition. Edited by Theodore J. Crackel. Charlottesville: University of Virginia Press, Rotunda, 2007 (subscription required). Copy of the original plan for a New Government as given inthe Convention by the State of Virginia 1.

Resolved, that the Articles of the Confederation ought to be so corrected and enlarged, as to accomplish the objects proposed by their institution; namely "common defence, security of liberty & general welfare" 2. Resolved therefore, that the rights of suffrage in the National legislature ought to be proportioned to the quotas of contribution, or to the number of free inhabitants, as the one or the other rule may seem best in different cases. 3. Resolved that the national legislature ought to consist of two branches 4. Resolved that the members of the first branch of the National legislature ought To be elected by the people of the several States every [blank] for the term of [blank] To be of the age of [blank] years at least To receive liberal stipends, by with they may be compensated for the devotion of their time to public service. To be ineligible to any office established by a particular state, or under the authority of the United States, (except those peculiarly belonging to the functions of the first branch) during the term of Service and for the space of [blank] years after its expiration. To be incapable of reelection for the space of [blank] years after the expiration of their term of service,—and To be subject to recall. 5.

Resolved that the members of the second branch of the National legislature ought to be elected by those of the first; Out of a proper number of persons nominated by the individual legislatures To be of the age of [blank] years at least. To hold their offices for a term sufficient to insure their independency To receive liberal stipends, by which they may be compensated for the devotion of their time to public service.—and To be ineligible to any office established by a particular State or under the authority of the United States (except those peculiarly belonging to the functions of the second branch) during the term of Service, and for the space of [blank] after the expiration thereof. 6.

Resolved that each branch ought to possess the right of originating acts—That The National legislature ought to be empowered To enjoy the legislative powers invested in Congress by the Confederation; & moreover To legislate in all cases, to which the separate States are incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation To negative all laws, passed by the several States, contravening in the opinion of the National legislature the articles of Union—and To call forth the force of the Union against any member of the Union, failing to fulfil its duty under the articles thereof. 7. Resolved that a National executive be instituted; To be chosen by the National legislature for the term of [blank] years, To receive punctually, at Stated times a fixed compensation for the Services rendered, in which no increase or diminution shall be made so as to affect the Magistracy existing at the time of increase or diminution— and To be ineligible a second time: and that besides a general authority to execute the National laws, it ought to enjoy the executive rights vested in Congress by the Confederation. 8.

Resolved that the Executive and a convenient number of the National Judiciary ought to compose a Council of revision; with authority to examine every act of the National legislature, before it shall operate, and every act of a particular legislature, before a Negative thereon shall be final. And that the dissent of the said Council shall amount to a rejection, unless the Act of the National legislature be again passed, or that of a particular legislature be again negatived by [blank] of the members of each branch 9. Resolved that a National Judiciary be established; To consist of one or more supreme tribunals; and of inferior tribunals. To be chosen by the National legislature; To hold their offices during good behaviour; & To receive punctually at Stated times a fixed compensation for their services, in which no increase or diminution shall be made, so as to affect the persons actually in office at the time of such increase or diminution. That the jurisdiction of the inferior tribunals shall be to hear and determine in the first instance, and of the supreme tribunal to hear and determine in the dernier resort, All piracies and felonies on the high Seas. Captures from an enemy.

Cases in which foreigners, or Citizens of other States, applying to such jurisdictions may be interested—or which respect the Collection of the National revenue Impeachments of any National Officer—and Questions, which involve the National peace or harmony. 10. Resolved that provision ought to be made, for the admission of States, lawfully arising within the limits of the United States whether from a Voluntary junction of government & territory or otherwise with the consent of a number of voices in the National legislature less than the whole. 11. Resolved that a Republican government, and the territory of each State (except in the instance of a voluntary junction of Government & territory) ought to be guarranteed by the United States to each other. 12. Resolved, that provision ought to be made for the continuance of a Congress and their authorities & privileges untill a given day, after the reform of the Articles of Union shall be adopted, and for the completion of all their engagements. 13. Resolved, that provision ought to be made, for the amendment of the Articles of Union, whensoever it shall seem necessary, and that the assent of the National legislature ought not to be required thereto 14.

Resolved, that the Legislative, Executive, and Judiciary powers, within the several States ought to be bound by oath, to support the articles of Union. 15. Resolved, that the amendments, which shall be offered to the Confederation by the Convention ought at a proper time, or times after the approbation of Congress to be submitted to an Assembly or Assemblies of Representatives, recommended by the several Legislatures to be expressly chosen by the people to consider & decide thereon.— SparkNotes: The Constitution (1781–1815): Key People & Terms Key People & Terms The Articles of Confederation: 1777–1787 People John Adams A prominent Boston lawyer who first became famous for defending the British soldiers accused of murdering five civilians in the Boston Massacre. At the Continental Congresses, Adams acted as a delegate from Massachusetts and rejected proposals for self-governance within the British Empire. He served as vice president to George Washington and then as president from 1797–1801. Samuel Adams A second cousin of John Adams and a failed Bostonian businessman who became an ardent political activist in the years leading up to the Revolutionary War.

Samuel Adams organized the first Committee of Correspondence and was a delegate to both Continental Congresses in 1774 and 1775. Alexander Hamilton A brilliant New York lawyer and statesman who, in his early thirties, was one of the youngest delegates at the Constitutional Convention in 1787. An ardent Federalist, Hamilton supported the Constitution during the ratification debates even though he actually believed that the new document was still too weak. He helped write the Federalist Papers, which are now regarded as some of the finest essays on American government and republicanism. He served as the first secretary of the treasury under George Washington and established the first Bank of the United States. William Henry Harrison A former governor of Indiana Territory and brigadier general in the U.S. Army who rose to national stardom when he defeated the Northwest Confederacy at the Battle of Tippecanoe in 1811. Harrison went on to be elected president in 1840. Patrick Henry A fiery radical who advocated rebellion against the Crown in the years prior to the American Revolution, as in his famous “Give me liberty or give me death” speech.

Later, Henry was a die-hard Anti-Federalist who initially opposed ratification of the Constitution. Andrew Jackson A hero of the War of 1812 and the Creek War who later entered the national political arena and became president in 1829. Jackson, nicknamed “Old Hickory,” was the first U.S. president to come from a region west of the Appalachians. John Jay A coauthor of the Federalist Papers, which attempted to convince Anti-Federalist New Yorkers to ratify the Constitution. Jay served as the first Chief Justice of the Supreme Court and became one of the most hated men in America after he negotiated Jay’s Treaty with Britain in 1794. Thomas Jefferson A Virginia planter and lawyer who in 1776 drafted the Declaration of Independence, which justified American independence from Britain. Jefferson went on to serve as the first secretary of state under George Washington and as vice president under John Adams. He then was elected president himself in 1800 and 1804. James Madison A Virginia Federalist who advocated for the ratification of the Constitution, coauthored the Federalist Papers, and sponsored the Bill of Rights in Congress.

After ratification, he supported southern and western agrarian interests as a Democratic-Republican. After a brief retirement, he reentered politics and was elected president in 1808 and 1812. As president, Madison fought for U.S. shipping rights against British and French aggression and led the country during the War of 1812 . James Monroe A Virginia officer, lawyer, and Democratic-Republican who was elected president in 1816 and inaugurated the Era of Good Feelings. An excellent administrator, Monroe bolstered the federal government and supported internal improvements, and was so popular in his first term that he ran uncontested in 1820. The “good feelings” ended, however, during the Missouri Crisis that split the United States along north-south lines. Monroe is most famous for his 1823 Monroe Doctrine, which warned European powers against interfering in the Western Hemisphere. Tecumseh A member of the Shawnee tribe who, along with his brother Tenskwatawa (often called the Prophet), organized many of the tribes in the Mississippi Valley into the Northwest Confederacy to defend Native American ancestral lands from white American settlers.

Even though the tribes had legal rights to their lands under the Indian Intercourse Acts of the 1790s, expansionist War Hawks in Congress argued the need for action against Tecumseh, and eventually William Henry Harrison was sent to wipe out the Confederacy. Tecumseh’s forces were defeated at the Battle of Tippecanoe in 1811. George Washington A Virginia planter and militia officer who led the attack that initiated the French and Indian War in 1754. Washington later became commander in chief of the American forces during the American Revolution and first president of the United States in 1789. Although he lost many of the military battles he fought, his leadership skills were unparalleled and were integral to the creation of the United States. In his noteworthy Farewell Address, Washington warned against factionalism and the formation of political parties, believing they would split the nation irreparably. Terms Alien Acts A group of acts passed in 179 8, designed to restrict the freedom of foreigners in the United States and curtail the free press in anticipation of a war with France.

The Alien Acts lengthened the residency time required for foreigners to become American citizens from five years to fourteen years and gave the president the power to expel aliens considered dangerous to the nation. It was passed simultaneously with the Sedition Act, and together they provoked the Virginia and Kentucky Resolutions, written the same year in protest. These resolutions stated that individual states had the right to nullify unconstitutional laws passed by Congress. Annapolis Convention A meeting of delegates from five states in Annapolis, Maryland, in 1786 to discuss the bleak commercial situation in the United States, growing social unrest, and Congress’s inability to resolve disputes among the states. The conference dissolved when Alexander Hamilton proposed holding the Constitutional Convention in Philadelphia the next year to revise the Articles of Confederation. Anti-Federalists Primarily farmers and poorer Americans in the West, a group that strongly opposed ratification of the Constitution. The Anti-Federalists were suspicious of governments in general and a strong central government in particular. Rather, they believed that state legislatures should maintain sovereignty. Although they eventually lost the ratification battle, their protests did encourage the first Congress to attach the Bill of Rights to the Constitution. Articles of Confederation The first U.S.

constitution, adopted in 1777 and ratified in 1781. The Articles established a national Congress in which each state in the Union was granted one vote. Congress had the right to conduct foreign affairs, maintain a military, govern western territories, and regulate trade between states, but it could not levy taxes. Because most states refused to finance the Congress adequately, the government under the Articles was doomed to fail. After Shays’s Rebellion in 1786–1787, delegates met to discuss revising the Articles of Confederation, which ultimately led to the drafting of the Constitution. Bank of the United States A plan proposed by Alexander Hamilton for a treasury for federal money funded by private investors. The Bank sparked a debate between “strict constructionists” and “loose constructionists” regarding interpretation of the Constitution. Bill of Rights The first ten amendments to the Constitution, sponsored in Congress by James Madison, to guarantee basic freedoms and liberties. The Bill of Rights protects freedoms of speech, press, religion, assembly, and petition, and the rights to have trial by jury, bear arms, and own property, among others.

Moreover, the Ninth Amendment states that the people have additional rights beyond those written explicitly in the Constitution; the Tenth Amendment awards state governments all the powers not granted to the federal government. The promise of a Bill of Rights helped convince many Anti-Federalists to ratify the new Constitution. Today, these rights are considered fundamental American liberties. Checks and Balances A term referring to the overlapping of powers granted to the three branches of government under the Constitution. For example, Congress has the power to pass laws and regulate taxes, but the president has the ability to veto, or nullify, those acts. On the other hand, Congress may override a president’s veto if two-thirds of its members support the bill in question. The Supreme Court, meanwhile, has the power to review all laws but must rely on the president to enforce its decisions. The framers of the Constitution included this system of checks and balances to prevent any one branch of government from having too much power over the others. Constitution A 1787 document that established the structure of the U.S. government, drafted at the Constitutional Convention in Philadelphia by prominent statesmen from twelve states (minus Rhode Island).

Unlike its predecessor, the Articles of Confederation, the Constitution established a strong central government divided into three separate but equal branches (legislative, executive, and judiciary). This separation of powers, combined with a system of checks and balances, was designed to prevent the new government from becoming too strong and tyrannical. Constitutional Convention A 1787 meeting in Philadelphia in which delegates from twelve states convened to revise the Articles of Confederation. The Convention quickly decided that the Articles should be scrapped and replaced with an entirely new document to create a stronger central government binding the states. The result was the Constitution. Declaration of Independence A document written by Thomas Jefferson in 1776 that proclaimed the creation of the United States. The Declaration sets forth a persuasive argument against King George III, claiming that the king ruled the colonies poorly and unjustly. The document thus served not merely as a declaration but also as a rational justification for breaking away from Britain. Democratic-Republicans Successors of the Anti-Federalists who formed a party under Thomas Jefferson’s leadership during Washington’s and Adams’s presidencies.

The Democratic-Republicans generally favored westward expansion, the formation of an agrarian republic, and an alliance with France, and were strict constructionists and advocates of states’ rights. Political battles between the Democratic-Republicans and the Federalists were frequent during the first years of the nineteenth century. Though the Federalist Party died out during the War of 1812, the Democratic-Republicans lived on during the Era of Good Feelilngs and eventually became the Democratic party. Elastic Clause A nickname for Article I, Section VIII, Paragraph 18 of the Constitution, which states that Congress has the power “to make all laws which shall be necessary and proper” to carry out its proscribed duties. Alexander Hamilton and the Federalists interpreted this clause to mean that the Constitution allows everything it does not expressly forbid, and used it to justify the creation of the Bank of the United States. George Washington agreed, and the clause has since given presidents and Congress ample justification for expanding federal power. The clause has been dubbed “elastic” because it gives federal policymakers great flexibility when drafting laws. Electoral College A body of representatives appointed by states to cast their votes for president.

The presidential candidate who receives the most Electoral College votes, regardless of how many popular votes he or she receives, becomes president. The framers of the Constitution created the Electoral College out of fear that the whimsical American masses might one day popularly elect someone “unfit” for the presidency. Excise Tax of 1791 A liquor tax proposed by Alexander Hamilton in 1790 to raise revenue so that Congress could pay off all national and state debts. The excise tax was immensely unpopular with western farmers, whose protests eventually culminated in the Whiskey Rebellion of 1794. The Federalist Papers A series of eighty-five articles written by James Madison, Alexander Hamilton, and John Jay in 1787–1788 to convince New Yorkers to ratify the Constitution. The Federalist Papers are now regarded as some of the finest essays on the Constitution, American government, and republicanism. Federalists Primarily from the wealthier and propertied classes of Americans along the eastern seaboard, a group that supported ratification of the Constitution and creation of a strong central government. The Federalists eventually became a full-fledged political party under the leadership of John Adams and Alexander Hamilton.

Adams was the first and only Federalist president, as the party died after Federalist delegates from the Hartford Convention protested the War of 1812 and were labeled traitors. Great Compromise An agreement between the large and small states at the Constitutional Convention of 1787 to create a bicameral (two-house) Congress with one chamber of delegates assigned based on population (the House of Representatives) and another chamber in which all states had two representatives regardless of population (the Senate). The agreement ended the deadlock among the states and set a precedent for compromise in American politics. Hartford Convention An 1814–1815 meeting of delegates from five New England states in Hartford, Connecticut, to discuss possible secession from the Union due to discontent with the War of 1812 . The delegates ultimately decided to remain in the Union but sent a petition to Congress, requesting amendments to the Constitution in order to alter the office of the presidency and to change the distribution and powers of Congress. None of their demands were met, however, because the petition arrived at Congress during celebrations over Andrew Jackson’s victory at the Battle of New Orleans and the signing of the Treaty of Ghent.

Nonetheless, the convention demonstrated the sectional nature of the war and the growing differences between the North and the South. Indian Intercourse Acts A series of acts passed in the 1790s that attempted to smooth relations between the United States and Native American tribes along the western frontier. The act attempted to regulate trade between these groups and promised that the United States would acquire western lands only via treaties. Most American settlers ignored this bill, which produced bloody clashes between tribes and settlers. Judiciary Act of 1789 The first act that Congress passed, which created the tiered U.S. federal court system. The Supreme Court, under Chief Justice John Jay, was at the head of the court system, supported by three circuit courts and thirteen district courts. Even though the Judiciary Act strengthened federal judicial power, it also upheld local and state courts by stipulating that most cases heard in federal courts would be appeals cases. Land Ordinance of 1785 An ordinance passed by the national Congress under the Articles of Confederation that established an efficient system to survey and auction lands west of the Appalachian Mountains.

Loose Constructionists People such as Alexander Hamilton, who believed that the Constitution allowed the government to take any actions that were not expressly forbidden in the document. The loose constructionists’ interpretation was challenged by Thomas Jefferson and other strict constructionists, who believed that the Constitution must be read literally. Macon’s Bill No. 2 An 1810 bill that restored U.S. commerce with Britain and France (after their interruption under the Embargo Act and Non-Intercourse Act) but threatened to revive the terms of the Non-Intercourse Act if either country failed to respect U.S. neutrality and shipping rights. New Jersey Plan Also known as the small state plan, a proposal at the 1787 Constitutional Convention to create a unicameral (single-house) legislature in which all states would be equally represented. The New Jersey plan appealed to smaller states but not to more populous states, which backed the Virginia Plan to create a bicameral legislature in which representatives were apportioned by population. The Great Compromise solved the dilemma by creating a bicameral Congress featuring one house with proportional representation and another with equal representation.

Non-Intercourse Act An 1809 act that replaced the ineffective Embargo Act in an attempt to revive the faltering American economy by boosting U.S. exports. The Non-Intercourse Act banned trade only with France and Britain (unlike the Embargo Act, which banned exports completely) until both nations agreed to respect American sovereignty. When this bill also failed, Congress passed Macon’s Bill No. 2 . Northwest Confederacy A confederation of Native American tribes in the Mississippi Valley, led by Tecumseh and his brother, for mutual defense against white settlers. Although the tribes of the Northwest Confederacy had legal rights to their lands under the Indian Intercourse Acts of the 1790s, expansionist War Hawks in Congress nonetheless prevailed, and William Henry Harrison was sent to wipe out the Confederacy. Tecumseh’s forces were defeated at the Battle of Tippecanoe in 1811. Northwest Ordinance of 1787 A framework passed by the national Congress under the Articles of Confederation to decide which western U.S. territories (Ohio, Michigan, Wisconsin, Illinois, and Indiana) could become states.

Because the ordinance also abolished slavery and established basic civil liberties (trial by jury, freedom of religion) in the Northwest Territory, it is often seen as an important first step toward the creation of the Bill of Rights. Second Continental Congress A meeting of colonial delegates that convened in different places from 1775 to 1789 to establish a new U.S. government after declaring independence from Britain. In 1777, the Congress drafted the Articles of Confederation as the first U.S. constitution. Sedition Act A 1798 act (passed simultaneously with the Alien Acts) that banned all forms of public expression critical of the president or Congress. President John Adams approved the act, fearing the influence of French immigrants in the United States and also hoping the free speech ban would harm his political opponents, the Democratic-Republicans. Ironically, the act only made the opposition party stronger. Thomas Jefferson and James Madison wrote the Virginia and Kentucky Resolutions the same year in protest, arguing that individual states had the right to nullify unconstitutional laws passed by Congress. Separation of Powers A term referring to the fact that each of the three branches in the American federal government has separate and distinct powers.

The legislative branch, for example, has the sole ability to propose and pass laws, while the executive branch has the power to enforce those laws, and the judiciary the power to review them. The writers of the Constitution separated these powers to prevent any one part of the new government from becoming too powerful. Shays’s Rebellion A 1786–1787 revolt by western Massachusetts farmer Daniel Shays, who led 1,200 other men in an attack on the federal arsenal at Springfield, Massachusetts. Shays and others like him throughout the United States were dissatisfied with the ineptitude of state legislatures during the economic depression after the American Revolution. Shays’s Rebellion and other revolts spurred leading Americans to meet and discuss revising the Articles of Confederation. Strict Constructionists People such as Thomas Jefferson who believed that the Constitution forbade the government to take any actions that it did not expressly permit. The strict constructionists’ interpretation was challenged by Alexander Hamilton and other loose constructionists, who believed that the Constitution allowed the government many implied powers.

Three-Fifths Clause A nickname for Article I, Section II, Paragraph 3 of the Constitution, which states that representation in the House of Representatives is determined by counting all free persons and “three-fifths of all other persons,” or slaves. The three-fifths clause was created as part of the Great Compromise between states with few slaves and those with many slaves. Treaty of Ghent The December 1814 treaty that ended the War of 1812 between Britain and the United States. The treaty stated that the war had ended in a stalemate and that neither side had gained or lost any territory. Ironically, the Battle of New Orleans—the greatest American victory in the war—was fought about two weeks after the treaty had been signed, as General Andrew Jackson had not gotten word of the war’s end. Virginia and Kentucky Resolutions Two resolutions, passed in 1798–1799 and written by Thomas Jefferson and James Madison, that declared that the individual states had the right to nullify unconstitutional acts of Congress. The resolutions stated that because the individual states had created the Union, they also reserved the right to nullify any legislation that ran counter to their interests.

Virginia Dynasty A nickname that arose because four of the first five presidents (Washington, Jefferson, Madison, and Monroe) all hailed from Virginia. Many northern states resented this fact, as demonstrated by the Hartford Convention’s 1814 request that presidents should not come from the same state as their predecessor. Virginia Plan Also known as the large state plan, a proposal at the 1787 Constitutional Convention to create a bicameral (two-house) legislature in which delegates would be appointed according to the population of the state they represented. Large states with greater populations supported this plan, unlike small states, which backed the New Jersey Plan to create a unicameral legislature in which all states were equally represented. The Great Compromise solved the dilemma by creating a bicameral Congress featuring one house with proportional representation and another with equal representation. War Hawks A younger generation of statesmen, primarily from the West and South, who replaced the Founding Fathers in the first decade of the 1800s. The War Hawks favored westward expansion and a nationalist agenda and thus encouraged war against both the Northwest Confederacy and against Britain (in the War of 1812 ).

Despite their early zeal, many War Hawks, such as Henry Clay, eventually settled down to become some of the most revered statesmen in American history. XYZ Affair A bribery scandal that caused public uproar during the Adams administration in 1798. After several naval skirmishes and French seizures of American merchant ships, Adams sent ambassadors to Paris to try to normalize relations. When the emissaries arrived, however, French officials demanded $250,000 before they would even speak with the Americans, let alone guarantee a truce. These officials, whom Adams dubbed X, Y, and Z, outraged Congress and the American public. Adams’s popularity skyrocketed, and Congress braced for war. Although no war declaration was ever made, the United States and France waged undeclared naval warfare in the Atlantic for several years. The U.S. Constitution: An Overview | Scholastic Back The U.S. Constitution: An Overview An article from the New Book of Knowledge discusses the history of the United States Constitution, including the ratification and amending of the document.

Grades 3–5, 6–8, 9–12 In 1987, Americans celebrated the bicentennial, or 200th anniversary, of the signing of the Constitution of the United States. This document, which has served as "the Supreme Law of the Land" for more than two centuries, is the world's oldest written constitution still in use. The United States Constitution is a system of basic laws and principles that defines the rights of American citizens and sets limits on what the government can and cannot do. It provides the framework for the federal (national) government and establishes a system of federalism, by which responsibilities are divided between the national government and the states' governments. One of the important principles on which the Constitution is based is the separation of powers, which divides power between the three separate branches of the federal government.

The legislative branch (represented by Congress) has the power to create laws; the executive branch (represented by the president and his advisers) has the power to enforce laws; and the judicial branch (represented by the Supreme Court and other federal courts) has the power to dismiss or reverse laws that it determines are "unconstitutional." Why the Constitution Was Written When the United States won its independence from England in 1781, a majority of Americans felt a stronger allegiance to their individual states than to their new country. Most people did not wish to create a strong national government, far away from their homes, over which they felt they would have little or no control -- they had just fought a long and bitter war to free themselves from such a government. In response to these suspicions, leaders organized the new American government according to a document known as the Articles of Confederation. The Articles gave each state a great deal of independence and represented little more than a league of friendship between them. The main purpose of the Articles was to establish a system by which the states could co-operate if they needed to defend themselves against a foreign enemy. The Articles established a Congress that could raise an army and a navy, but only when the states gave permission.

Congress also had the authority to issue and borrow money and to handle foreign and Indian affairs. Congress could also pass laws, yet it did not have the power to make the states obey them. Nor was it able to control citizen uprisings, such as Shays' Rebellion, which occurred from 1786 to 1787. Farmers in western Massachusetts staged violent protests against their state government. As a result of this and other similar revolts, many people began to feel that a stronger national government might be necessary after all. In 1786 leaders in Virginia passed a resolution calling for delegates from the 13 states to meet in Annapolis, Maryland, to discuss the nation's problems. Their goal was to amend (change) the Articles to make the national government more effective. But only twelve representatives from five states attended this Annapolis Convention, so they resolved to call another meeting the following year. The Constitutional Convention On May 14, 1787, delegates from twelve of the states (all except Rhode Island) began to gather in Philadelphia, and the Constitutional Convention opened in Independence Hall on May 25th. In attendance were many remarkably talented scholars, philosophers, war leaders, and politicians.

Alexander Hamilton, representing New York, was largely responsible for arranging the Constitutional Convention. Benjamin Franklin, representing Pennsylvania, freely offered the incomparable wisdom of his 81 years. Gouverneur Morris, also from Pennsylvania, headed up the committee that actually wrote the Constitution. George Washington, from Virginia, took the chair as president of the convention. And James Madison, also from Virginia, earned the nickname "Father of the Constitution" because time and again his brilliant ideas and tireless energy kept the convention moving toward its goal. Almost immediately after the convention opened, a struggle developed between the delegates of the large and small states as to what form the new government should take. The more populous states supported the Virginia Plan, which proposed that representation within the government should be based on the size of a state's population. The plan was designed to give states with large populations a proportionately large share of decision-making power. Less populous states, however, supported the New Jersey Plan, by which every state, regardless of size, would have the same representation within the government. The convention came to a standstill until the delegates from Connecticut devised an ingenious way to settle the dispute.

The Connecticut Compromise (also known as the Great Compromise) called for the creation of a bicameral (two-house) legislature, or Congress. One of the two houses of the new Congress (the House of Representatives) would be elected according to the states' relative populations. The other house (the Senate) would give equal voice to each state no matter what its size. Once this breakthrough had occurred, the delegates agreed more readily on most of the remaining issues. On September 17, 1787, the Constitution was signed by 39 of the original 55 delegates. Several had left the convention altogether. Three others — Elbridge Gerry of Massachusetts and George Mason and Edmund Randolph of Virginia — refused to sign because they lacked confidence in the document's ability to rule the nation. But although no one realized it at the time, the document the delegates signed that day not only gave rise to the government of a new nation, but became a symbol of hope for oppressed peoples all over the world. Ratifying the Constitution The Constitution was signed by most of the delegates who created it. Yet the task still remained for the states' governments to approve it.

The Constitution itself specified that 9 of the 13 states would have to ratify the document before it could become effective. Delaware had the honor of being the first state to approve the Constitution on December 7, 1787. But the remaining drive for ratification was far from easy. In three of the largest states — Massachusetts, New York, and Virginia — the contest was close. And the founders knew that the new government would have no chance of succeeding without the support of these large states. So they mounted a campaign in defense of the Constitution by publishing a series of essays in New York newspapers. These essays, which came to be known as The Federalist, were written under the name Publius, a pen name adopted by the authors James Madison, Alexander Hamilton, and John Jay. People who opposed the Constitution, known as anti-federalists, launched a campaign to defeat ratification, believing the Constitution would make the national government too powerful. But mostly they objected that the document did not contain a bill of rights, which would guarantee citizens certain privileges that the government could never take away from them. Anti-federalists published their own series of essays, under such pen names as Brutus, to discourage ratification.

In response to the opposition, John Hancock at the Massachusetts ratifying convention proposed that a bill of rights be added as the first group of amendments to the Constitution. Ratification in Massachusetts and almost all the rest of the uncommitted states depended on the understanding that adopting a bill of rights would be the new government's first order of business. On June 21, 1788, the Constitution went into effect when New Hampshire became the ninth state to ratify the document. New York and Virginia followed suit soon thereafter, thus ensuring the new government would have the support it needed to succeed. Amending the Constitution The first Congress to conduct business under the authority of the new Constitution met in New York City on March 4, 1789. The issue of a bill of rights was proposed at once, and the new government began following constitutional procedures to change, or amend, the document. According to the Constitution itself, amendments must be approved by at least two thirds of the members of each house of Congress and by three quarters of the states. (There is also an alternate amendment process that has never been used.) In 1791, the first ten amendments, collectively known as the Bill of Rights, were added to the Constitution.

These ten amendments define and protect the rights of the American people. Each of the 16 amendments that followed over the course of the next two centuries reflects, in its own way, the needs and desires of the ever-changing American society. The power to amend the Constitution is the primary reason the document has been able to survive the turbulent changes throughout the past two hundred years. L. Sandy Maisel SparkNotes: SAT Subject Test: U.S. History: A New Government for the United States A New Government for the United States A New Government for the United States The thirteen states of the new United States of America began the process of creating state governments during the Revolutionary War. Rhode Island and Connecticut maintained their colonial charters while excising references to British sovereignty, but many states wrote new constitutions. State constitutions differed from traditional British constitutions in that they were written documents ratified by the people and could be amended by popular vote. These constitutions varied widely, but shared the following similarities: By 1784, all thirteen state constitutions contained a bill of rights outlining the civil rights and freedoms accorded citizens. In general, the constitutions established weak executive branches and responsive legislatures.

Most called for bicameral legislatures and for appointed, rather than elected, officials. Most reduced property requirements for voting and otherwise increased social equality. Most called for no official state religion. The Articles of Confederation In an attempt to create a unified national government, John Dickinson brought the Articles of Confederation to the Continental Congress in July 1776. Congress adopted the Articles and sent copies out for ratification by state legislatures; the Articles became law in 1781. The Articles of Confederation favored the rights of individual colonies, now called states, instead of a strong centralized system. The central government established by the Articles was virtually powerless. It consisted solely of a severely restricted Congress, with no executive branch or judicial department. Congress had no power to tax, raise troops, regulate interstate commerce, or make binding national treaties; it could only request taxes from states, not demand them, and therefore could not regulate currency or raise money for the nation. The Articles of Confederation demonstrated the colonists’ dislike of centralized authority and their fear of falling under a system as potentially tyrannical as they felt the British system had been. Three major political challenges arose, testing the viability of the government created by the Articles of Confederation.

The first challenge was addressing the nation’s finances. After the war, the United States faced enormous debt. In 1781 and again in 1783, Congress proposed an import tax to finance the national budget and guarantee the payment of war debts, but each time, a state rejected the proposal (Rhode Island in 1781 and New York in 1783). With no power to force taxation on the states without state approval, Congress could do nothing to regulate the economy. The government was financially helpless. The government faced the challenge of westward expansion with more success. Settlers, speculators, and state governments all pressed for expansion into the lands granted to the U.S. under the Treaty of Paris. The government attempted to control this expansion with the Land Ordinance of 1785, which outlined the protocol for settlement. A second ordinance, the Northwest Ordinance of 1787, forbade slavery in the territory above the Ohio River, contained a settlers’ bill of rights, and defined the process through which territories could become states. In such expansion efforts, the government faced fierce opposition from the Native Americans and Spanish along the frontier.

The Spanish, denying the validity of the Treaty of Paris, closed the port of New Orleans to American ships in 1784. The third challenge to the Articles of Confederation concerned the government’s ability to maintain law and order. Depression, inflation, and high taxes made life miserable for many Americans. The plight of farmers in western Massachusetts led to Shays’s Rebellion. In August 1786, Daniel Shays, angered by high taxes and debt he could not repay, led about 2,000 men in closing the courts in three western Massachusetts counties to prevent foreclosure on farms. The rebellion exposed the inability of the central government to control revolt and impose order, and heightened an already growing sense of panic nationwide. For many Americans, Shays’s Rebellion, along with the economic depression, revealed the shortcomings of national government under the Articles of Confederation. Congress could neither suppress revolt nor regulate inflation; it had neither policing nor financial power. The Constitution In September 1786, delegates from five states met at the Annapolis Convention. Originally concerned with interstate commerce, the delegates turned their focus to the shortcomings of the national government. They proposed a convention to consider amending the Articles of Confederation.

Congress agreed, and asked the states to appoint delegates to convene in Philadelphia. In May 1787, fifty-five delegates, representing every state except Rhode Island, met in Philadelphia. Notable delegates included George Washington, John Dickinson, John Jay, Benjamin Franklin, Alexander Hamilton, and James Madison. The delegates were convinced of the need for a stronger national government. The first question facing the delegates was whether to amend the Articles of Confederation or to create a new framework of government. The decision was made to create a new framework embodied in a new constitution, and the convention became known as the Constitutional Convention. Writing the Constitution: Conflict and Resolution The main difficulty in drafting the Constitution immediately became clear: achieving a balance between the needs of large and small states. James Madison presented the Virginia Plan, a framework of government that contained one potential solution to this problem. The plan called for a bicameral (two house) legislature with representation in both houses proportional to population. These houses of Congress would jointly name the president and federal judges. But the smaller states opposed the Virginia Plan, since representation by population would give more power to the larger states.

Smaller states supported the New Jersey Plan, which called for a unicameral (one house) Congress in which each state would have an equal number of seats. In June 1787, a committee assigned to resolve this conflict approved the Connecticut Compromise, which created a bicameral legislature where each state received an equal vote in the upper house, and representation in the lower house was proportional to population. In September 1787, the new Constitution was approved by the convention and sent to the states for ratification. The Connecticut Compromise combined the Virginia Plan’s suggestion of proportional representation and the New Jersey Plan’s suggestion of equal representation for all states, creating the House of Representatives and the Senate as we know them today. A second debate resolved by the Constitution concerned the representation of slave states: whether slaves should be counted as persons or as property for the purposes of representation and taxation. Northern states, where slavery was not as common, argued that to count slaves as members of the population would give the South an unfair advantage in the lower house, where representation was proportional to population. The solution came in the three-fifths clause, which allowed three-fifths of all slaves to be counted as people.

The Constitution Completed The document that emerged from Philadelphia represented, ultimately, a balance between a number of different forces: The delegates’ acceptance of the need to strengthen the national government and their fear of government despotism and tyranny The interests of the larger and smaller states The interests of northern and southern states The government was granted the powers to set and collect taxes, to regulate interstate commerce, and to conduct diplomacy in international affairs. The national government was also given the power to invoke military action against the states. The Constitution declared all acts and treaties made by Congress to be binding on the states. The Constitution proposed a government composed of three branches: the legislative, executive, and judicial. A system of checks and balances, in which each branch of the government held certain powers over the others protected against tyranny, and was the cornerstone of the new government. According to the checks and balances: The president, the head of the executive branch, could veto acts of Congress and was responsible for appointing Supreme Court and other federal judges. Congress, as a joint body, was given the power to impeach, try, and remove the president or Supreme Court justices from office, if necessary.

The upper house of Congress, the Senate, could ratify or reject treaties proposed by the president, and had to approve the president’s cabinet appointments. The judicial branch, headed by the Supreme Court, had the power to interpret the laws passed by Congress. The writers of the Constitution wanted to increase the power of the national government without debilitating the states. They reserved for state legislatures the powers to elect members of the Senate and to select delegates for the Electoral College that elected the President. They further stipulated that the Constitution could be amended by a vote of three-fourths of the state legislatures. Federal government can: Balancing Three Branches at Once: Our System of Checks and Balances | EDSITEment Balancing Three Branches at Once: Our System of Checks and Balances Created September 30, 2010 The Lesson Introduction One of the most persistent and overarching complaints the American colonists had about the rule of the British monarchy was the extent of its power. One of the most persistent and overarching complaints about the early government of the U.S. under the Articles of Confederation was the weakness of the federal government.

Attempting to form a more perfect union, the framers of the Constitution designed a government that clearly assigned power to three branches, while at the same time guaranteeing that the power of any branch could be checked by another. Using primary source documents, your students can see clear demonstrations of how one branch of our government can check another. Guiding Questions What are some ways the three branches of our government check one another? Learning Objectives Name the three branches of our government. Give examples of how each branch can check the others. Background As indicated by the long list of complaints in the Declaration of Independence, the unlimited power of the British monarch was a focus of colonists' concerns in 1776. In response to the abuses of the unchecked king, the fledging government under the Articles of Confederation featured a very weak central government. In the power vacuum that developed as a result, state legislatures (whose power had been extended originally as a response to fears about a tyrannical king) began to exert themselves. By 1787, the overreaching and abuses of the state legislatures were causing increasing concern among the colonists.

Your students may understand more readily the complaints the colonists had against the king, it is important that students don't get the impression that the only motive for the checks and balances system was animosity toward George III. Suspicions about the potential abuse of power extended to legislative as well as executive branches. Because the potential for abuse is present in any branch of government, each needs sufficient power to check the other. This is exactly the point James Madison makes in Federalist Papers No. 48. He notes that "the legislative department is everywhere extending the sphere of its activity, and drawing all power into its impetuous vortex." The founders of the American states, he says, "seem never for a moment to have turned their eyes from the danger to liberty from the overgrown and all-grasping prerogative of an hereditary magistrate" and therefore overlooked "the danger from legislative usurpations, which, by assembling all power in the same hands, must lead to the same tyranny as is threatened by executive usurpations." This unit is one of a series of complementary EDSITEment plans for intermediate-level students about the foundations of our government.

Consider adapting them for your class in the following order: Preparation Instructions Review each lesson plan Download and duplicate as necessary any documents you want to use. The central goal of this lesson is to use archival material to exemplify the checks and balances built into our system of government Part I of this unit uses archival documents to review the structure of our constitutional government and the problems it was designed to surmount.Classes that have already covered the causes of the American Revolution and the basics of the three branches of our government could begin with Part II, which uses primary source material to demonstrate how one branch of our government checks another. (NOTE: The entire text of the Federalist Papers No. 48 is accessible through the EDSITEment resource The Avalon Project at the Yale Law School .) Obtain background information about checks and balances from the following EDSITEment resources. An excellent place to start is with the first of these sites, Project Vote Smart, where you can find a basic explanation of the system, arranged in a coherent and straightforward fashion. While the Avalon Project is a more sophisticated resource, giving you access to annotated primary documents, the links it provides to Articles I, II, III of the Constitution contain useful summaries of the various powers given to each branch of government.

Congress can check the President by using the impeachment powers to remove the President from office. Judgment, Brown v. Board of Education Search the Archival Research Catalog , available on the Digital Classroom , for "Judgment" and "Brown." The courts can check the Legislative branch by declaring a law unconstitutional. Focus on the words "admit to public schools on a racially nondiscriminatory basis with all deliberate speed the parties to this case. Segregation laws were overturned." Message of President Abraham Lincoln nominating Salmon P. Chase to be Chief Justice of the Supreme Court of the United States Search the Archival Research Catalog , available on the Digital Classroom , for "Lincoln” and “Chase.” The President nominates judges to federal courts. Of course, once appointed, a judge can vote however s/he wants. In cases of abuse by judges, the Legislative branch can check the Judicial as shown in the next document. Read the following statements to the class, one at a time: I am the President; I can declare war on Lower Slobovia. I am a Judge; I can make any decision I want. I am a Senator; I can help write and pass any law I want.

I am the President of the United States; I can veto any law passed by Congress. I am the President of the United States; I can do anything I want. I am the President of the United States; I can make a treaty with Upper Slobovia. We're the Supreme Court; we'll be ruling on every law for years. After each statement is read, student groups should select one document they believe exemplifies how the particular action could be checked. They should also decide which category on the board best characterizes this particular check on the system. When the groups have had enough time, the teacher declares, "Show," at which time every group holds up the document it chose. Ask the first group which document it chose and why. Put a copy of the document under the appropriate column on the board. Ask if any other group chose a different document. Ask why it was chosen. (Note: There is more than one right answer for some of these situations. For example, certain actions of the President could potentially be checked by either the legislative or judicial branches.) Put a copy of the document in any additional appropriate column(s). As you begin discussions of each subsequent document, start with a different student group.

Classes wishing to explore more deeply our system of checks and balances can research relevant historical events and write about these events in a "newspaper" of checks and balances. Each article should be written as if the event just occurred. Students should employ journalistic style and include a headline; byline; opening paragraph summarizing the who, what, when, where why information of the event; documentary evidence (such as graphics); quotes from participants; and so on. Historic events involving conflicts between branches include: The impeachment of President Andrew Johnson. The impeachment of President Bill Clinton. The conflict over Franklin D. Roosevelt's attempt to add six seats to the Supreme Court. The Alien and Sedition Acts. Supreme Court cases such as Marbury vs. Madison (1803), the Dred Scott Decision (1857) and McCulloch v. Maryland (1819). President Andrew Jackson's conflict with Congress over the Second National Bank. The Watergate incident during Richard Nixon's tenure in office.

(Documents about these events are available online at the sites listed below under " EDSITEment Websites .") If desired, conclude the activity with a simulation in which the class works on a real-world problem using a system of checks and balances. Here's one possibility. Tell the students a certain amount of money ($10, for example) is available to the class to use to purchase a special snack (or for some other worthwhile purpose). Ask each student — without consulting others — to write down how s/he would spend the money. Divide the class into three groups (and appoint one or more students who will later mount a legal challenge as described below). Group 1 controls the money (the executive branch); Group 2 decides how the money will be spent (the legislative); Group 3 (judicial — make sure this group has an odd number of members) will rule on any challenges. Begin by having each group select a spokesperson in a closed session. From this point on, when any group meets it is done in fishbowl style, with the rest of the class surrounding the group members, but observing only. The legislative branch meets to decide how to spend the money. Have supermarket ads or circulars available for reference.

The proposal is written down. Add a place for signatures in case of approval and another place for a veto. Next the executive branch meets. The group discusses whether to approve or veto the proposal. If changes are desired, the group vetoes the entire proposal. Any recommendations can be written down, but the executive branch itself cannot create a new proposal. If necessary, the legislative group meets again to reshape the proposal or, in case of a 2/3 majority, to override the veto. Once the legislative branch creates a proposal that is approved by the executive branch, unveil a challenge to it. For example, the challenge could be based on desiring some fresh fruit to accompany the snack or on a food allergy. The judicial group hears the challenge and rules on it. If the proposal is turned down, the legislative group should meet once more to refine the proposal. Now ask students to read aloud some of the snack suggestions they originally wrote down. In all likelihood, the final proposal is different from most of the students' original ideas. Had this been a monarchy with any one of those class members serving as the ruler, something completely different would have resulted. Discuss the ways in which this activity mirrored the three branches of government.

Discuss the pros and cons of the system used by the class and a system where one individual holds all the power. If possible, use the money as proposed by the class. Extending The Lesson Students can research and discuss Supreme Court cases on virtually any subject from the EDSITEment-reviewed website Oyez, Oyez, Oyez: Supreme Court WWW Resource . With each case is a brief abstract explaining the basic situation. Some cases of particular interest to young people include: Minersville School District v. Gobitis Did the mandatory flag salute infringe upon liberties protected by the First and Fourteenth Amendments?

Question: Who created the framework for the Virginia Plan, that structured the US Government into three branches?
Answer: James Madison