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Essential QuestionEssential Question:
–In what ways did the Constitution deviate from the gov’t under the Articles of Confederation?
–What were the Federalist and Anti-Federalist critiques regarding the new Constitution?
Reading Quiz Ch 8A (p 238–246)Reading Quiz Ch 8A (p 238–246)
Constitutional Reform American political ideology
changed from the beginning of the American Revolution to the late Confederation period: –In the 1770s, American political
leaders saw tyrannytyranny as the greatest threat to the USA
–But…by the mid-1780s, they saw ordinaryordinary citizenscitizens who lacked virtue as the greatest threat
Thus, states created weak state governors & a weak Articles of Confederation
The problem is an excess of democracy not an excess of tyranny
Shays’ Rebellion will help prove this point to the Founding Fathers
Constitutional Reform By 1787, the fatal flaws of the
Articles of Confed were exposed:–Shays’ RebellionShays’ Rebellion broke out
among desperate MA farmers who faced losing their farms or being sent to debtor’s prison
–Congress called for a meeting in Philadelphia to discuss revising the Articles & strengthening the national gov’t
Merchants in MA hired their own mercenary
militia to end the uprising
Congress did not have the tax funds to send an army
In Sept 1786, James Madison led the Annapolis Convention to
discuss improving American trade
Shays’ Rebellion gave nationalists like Washington, Madison, Hamilton the
urgencyurgency to call for a stronger national gov’t
The Constitutional Convention in
Philadelphia, 1787
The Philadelphia ConventionShays Rebellion led to increased
support for a stronger central government & more attendance at the Philadelphia Convention
In May 1787, 55 delegates from all states (except RI) met to discuss revising the Articles of Confederation, but it soon became apparent that something more serious was needed
They did NOTNOT intend to replace the Articles
The Philadelphia ConventionThe Philadelphia Convention
delegates in Philadelphia made 3 important (& illegal) decisions:–The Articles of Confederation
were to be completely replaced–Nothing from the meeting was to
be printed or spoken to the public–Every state got 1 vote but all
decisions needed a majority vote (not 9 of 13 states) to pass
Is this a government of the people?
To amend the Articles, all 13 states had to agree
Inventing a Federal RepublicDelegates incorporated 4 major
principles into this new gov’t: –Limited gov’tLimited gov’t—even though a
stronger gov’t was being created, citizens’ liberty is protected
–RepublicanismRepublicanism—the people vote for their leaders
–Separation of powersSeparation of powers—three branches with defined powers
–FederalismFederalism—the national gov’t shares power with state gov’ts
Three Branches of Government
Federalism
Inventing a Federal RepublicWilliam Paterson
presented the New Jersey PlanNew Jersey Plan:–Congress given
power to tax–Each state had
one vote in a unicameral legislature
–But Articles mostly untouched
James Madison presented the Virginia PlanVirginia Plan:–Bicameral
legislature –Larger states
had more representatives
–Create a chief executive appointed by Congress
Small states objected to this large-state dominance
The large states listened politely then
overwhelmingly voted against it
The Great CompromiseRoger Sherman helped resolve
the differences between the large & small states by proposing the Great CompromiseGreat Compromise–Congress would be a bicameral
legislature (House & Senate)–Each state was given 2
delegates in the Senate –House of Representatives was
determined by state population
Also known as the “Connecticut” Compromise”
Victory for the small states
Victory for large states
Only the House of Reps could introduce tax bills
What did Congress look like after the
Great Compromise?
The 3/5 Compromise Problems still remained between
the northern & southern states regarding how to count population size (do slaves count?)
The Three-Fifths CompromiseThree-Fifths Compromise settled the issue:–Three-fifths of the slave
population could be counted toward representation in the House of Representatives
Compromising with SlaveryDespite the contradiction slavery
posed, Southerners threatened to leave the USA anytime the slave question was discussed
As a compromise for the South, the slave trade could continue to 1808 & runaway slaves returned“Great as the evil is, a dismemberment
of the Union would be worse.” —James Madison
The Last DetailsIn 1787, a final draft included:
–Electoral College to vote for the president to “filter the masses”
–System of checks & balances among the 3 branches of gov’t
–President would serve for 4 years rather than for life
Delegates decided against a Bill of Rights because most state constitutions already had them
Including ideas once considered tyrannicalIncluding ideas once considered tyrannical: Presidential power to appoint judges & presidential veto power over Congress
FYI: Electoral Votes (2000 Census)
James Madison helped broker many of the compromises that made the
Constitution possible & is referred to as the “father of the Constitution”
Key Ideas of the Constitution Only Congress can make laws, declare war, create taxes
The “elastic clause” gives Congress implied powers
to make laws seen as “necessary & proper”
The Senate ratifies treaties & confirms
judicial appointments
Key Ideas of the Constitution
The president can only recommend legislation to
Congress but can veto bills
The president oversees the bureaucracy
Key Ideas of the Constitution
The only court mentioned in the Constitution is the
Supreme Court
The supremacy clause establishes the Constitution (not the states) as the
"the supreme law of the land"
FederalismFederalism—state gov’ts & the national gov’t both have power
A state law cannot contradict a national law
The Struggle for Ratification
The Struggle for RatificationThe delegates in Philadelphia
knew that ratification of the new Constitution would not be easy:–They had no authority to change
the Articles of Confederation–They did not inform the public of
their ongoing decisions–They fundamentally altered the
relationships between the states & the central government
Federalists & Anti-FederalistsFederalistsFederalists
Supported ratification of the Constitution
Were well-organized & educated
Used Federalist Federalist PapersPapers to argue for ratification
Had the support of the media
Anti-Federalists Anti-Federalists Against ratification
–Distrusted of a gov’t that removed power from the hands of the people
–Claimed the new Constitution favored the upper class
Authored by Madison, Hamilton, & Jay
“The Constitution is itself a Bill of Rights”
Anti-Federalists argued for more protection of
individual liberties
Ratification of the Constitution
Adding the Bill of RightsTo win ratification, the Federalists
agreed to add a Bill of Rights–With this protection of citizens’
liberty, all 13 states agreed to ratify the Constitution
–Constitution became the official the law of the land in 1789
After bitter fight, most Americans chose to support the Constitution
If 1776 was the 1st American Revolution… 1787 was the 2nd American Revolution
Discussion QuestionWhich of the following ideas was
most important to the framers of the Constitution in 1787?–Federalism–Separation of powers?–Checks and balances?–Republican democracy?–Gov’t limited by the people?
Which is most important today?