Presentation on theme: "Creation of the Constitution"— Presentation transcript:
1Creation of the Constitution Unit 2Creation of the Constitution
2Essential QuestionHow did the Framers create the Constitution?
3Unit OverviewLesson 8: What were the Articles of Confederation, and Why Did Some Founders Want to Change Them?Lesson 9: How was the Philadelphia Convention Organized?Lesson 10: Why Was Representation a Major Issue at the Philadelphia Convention?Lesson 11: What Questions Did the Framers Consider in Designing the Three Branches of the National Government? Lesson 12: How Did the Delegates Distribute Powers between National and State Governments?Lesson 13: What Was the Anti-Federalist Position in the Debate about Ratification? Lesson 14: What Was the Federalist Position in the Debate about Ratification?
4Unit 2 PurposeAfter independence, the colonists first form of government, the Articles of Confederation, proved inadequate.Fifty-five men, the Framers, met to create the US Constitution, during which they debated the most basic ideas about political life and government institutions.In this unit, you will learnWhy the Articles of Confederation were replacedWhy the Constitution was created as it wasHow the debates over ratification raised issues debated to this day.
5Lesson 8:What were the Articles of Confederation, and Why Did Some Founders Want to Change Them?
6PurposeThis lesson examines the government formed by the Articles of Confederation.This document reflects the political realities and divisions among the states as well as the need for unity.,Many Americans felt the US government under the Articles lacked sufficient authority to meet the nation’s needs.
7Objectives Describe the Articles of Confederation. Explain why some thought the Articles were too weak.Evaluate, take, and defend positions on..The strengths and weaknesses of the ArticlesThe significance of the Northwest OrdinanceAmerican’s mistrust of a strong national government
8Terms to Know Articles of Confederation Confederation Shays' Rebellion ( ) The first constitution of the United States, created to form a perpetual union and a firm league of friendship among the thirteen original states. It was adopted by the Second Continental Congress on November 15, 1777, and sent to the states for ratification. ConfederationA form of political organization in which the sovereign states combine for certain specified purposes, such as mutual defense. Member states can leave a confederation at any time. The United States was a confederation from to Shays' RebellionAn armed revolt by Massachusetts farmers seeking relief from debt and mortgage foreclosures. The rebellion fueled support for amending the Articles of Confederation.
9Why & How Were the Articles of Confederation Created? Americans realized that they would need some centralized leadership to address the following issuesManage relationships between statesResolve border disputesConduct relations with rest of worldAlong with Declaration of Independence, Second Continental Congress creates the first US government, the Articles of Confederation (1776)
10Problems with the “Articles” Fear of a Strong Central Gov’tTo many, their state was their country.British government’s “abuse” of power could characterize a strong US governmentStudy of history suggested that republican gov’t can only succeed in small communitiesArticles considered a “firm league of friendship”Most powers of government were given to statesEx) Congress could not collect taxes, could not regulate trade
11Problems Continued…Fear that some states would dominate central governmentThe following issues pitted states against each otherRepresentation and voting in CongressPayment for war expensesTerritorial claims in the West
12The “Articles’” Achievements Secured recognition of American IndependenceCreated executive departments and admiralty courts (developed into Cabinet & Federal Court System)Northwest Ordinance (1787)Created process for territory to become a stateProhibited slavery in new territoryGuaranteed equality of new states
13Weaknesses of Articles No power to taxCaused problems paying off war debtsNo power to force states to recognize agreements with foreign nationsDamaged trade relationsNo power to make laws regulating trade among statesNo power to makes laws directly regulating behavior of citizens
14Attempts to Solve Problems Amendments never passed since all 13 states needed to ratifyMany leaders proposed a meeting, or convention, to discuss changesDelegates then met inPhiladelphia to proposechanges to the Articles
15Shay’s Rebellion100’s of farmers in MA gathered to prevent courts from selling their propertyMany ex-soldiers were not paid their wages, therefore falling into debt and losing their farmsShays and his men attempt to capture weapons arsenalGovernor calls militia to put down rebellionFears generated by this and similar conflicts convinced many that a stronger national government was needed
16 How was the Philadelphia Convention Organized? Lesson 9: How was the Philadelphia Convention Organized?
17PurposeThis lesson describes the important people and their first steps at the Constitutional Convention in Philadelphia, 1787.The structure and rules set forth for debate played a major role by providing a framework for civil discourse.The Virginia Plan created the agenda for subsequent discussion & debate.
18Objectives Describe the organizing phase of the convention. Explain the significance of rules and agendas for effective civil discussion.Evaluate, take, and defend positions ondetermining what interests should be represented in a constitutional conventionthe advantages and disadvantages of secrecy in governmental deliberations
19Terms to Know civil discourse Constitutional Convention delegate Reasoned discussion as opposed to emotional display. Constitutional ConventionThe meeting held in Philadelphia from May to September 1787 at which the US Constitution was written. delegate(1) (noun) A person chosen to act for or represent others. (2) (verb) To entrust someone to represent your interests.federal systemA form of government in which power is divided and shared between a central government and state and local governments.national governmentThe organization having central political authority in a nation; the representative unit of political organization. proportional representationIn the context of American government, the electoral system in which the number of representatives for a state is based on the number of people living in the state. Proportional representation is used to determine the number of each state's representatives in the U.S. House of Representatives.
20Those in Attendance of Philadelphia Convention 55 delegates from states (Framers)Ave. age 42, ¾ had served in CongressMost were prominent political leaders, very qualifiedGeorge WashingtonMost respected Military Leader in nationJames MadisonHad greatest influence on organization of national gov’tBenjamin Franklin81, poor heath, but internationally renown statesmenAlexander HamiltonMost prominent supporter of strong national gov’t
21Who Did Not Attend? Thomas Jefferson John Adams Patrick Henry RI In Paris as US minister to FranceJohn AdamsUS ambassador to Great BritainPatrick HenryRefused to attend, suspicious of convention / “I smell a rat!”RIOpposed to stronger national gov’t
22Convention Rules At least 7 states must be present each day While speaking, others had to listenMember could not speak more than 2x on same questionCommittees appointed as necessaryAny decision subject to change until entire plan completeConvention’s proceedings kept secret
23The Virginia PlanMany delegates wanted to completely scrap Articles, not just amendMadison proposes new, stronger governmentTwo governments, national & state (Federal system)Three braches of national governmentLegislative – make laws (most powerful)Executive – enforce lawsJudicial – interpret lawsLegislature (congress) would have two branchesHouse of Representatives – elected by the peopleSenate – Proposed by States, selected by the House
24The Virginia Plan Continued Representation from each state in both houses based on population or amount contributed to federal treasury.Proportional representation means that states with a larger population have more representationCongress would have power to make laws that states were not able to makeEx) regulating trade between states
25Why Was Representation a Major Issue at the Philadelphia Convention? Lesson 10: Why Was Representation a Major Issue at the Philadelphia Convention?
26Purpose This lesson examines: The debate over what, or who, the national government will represent.The Great Compromise, which dealt with the makeup of the House and Senate.How population would be counted for representation in the House.How new states might receive representation in Congress.
27ObjectivesExplain the differences between the Virginia Plan and the New Jersey Plan and the importance of the Great Compromise.Explain how the Framers addressed regional issues with the 3/5ths compromise and the provision for periodic census of the population.Evaluate, take, and defend positions on why major issues debated at the Convention are still on the national agenda.
28Terms to Know Great Compromise Three-Fifths Compromise A plan accepted at the Philadelphia Convention in 1787 that called for a Congress of two houses: in the upper house, or Senate, representation of the states would be equal, with each state having two senators; in the lower house, or House of Representatives, representation would be apportioned according to the population of each state, so that states with more people would have more representatives. Also called the Connecticut Compromise.Three-Fifths CompromiseArticle I, Section 2, Clause 3 of the U.S. Constitution, later eliminated by the Fourteenth Amendment. The clause provided that each slave should be counted as three–fifths of a person in determining the number of representatives a state might send to the House of Representatives. It also determined the amount of direct taxes Congress might levy on a state.
29Disagreement Over Representation No disagreement over two-house CongressProportional representation was the issueMadison – states should not be represented as states in national government. Instead, representatives should serve the people.Those who sought Equal representation thought national government derived from and represented the States, not the people.Big states favored Proportional rep, small states favored Equal rep.
30The New Jersey Plan Similar to Articles of Confederation One house Congress, equal representationMost delegates were convinced that a unicameral Congress would not work, and NJ Plan voted down.However, many small state delegates refused to accept Virginia Plan due to their concerns over large states’ power under proportional representation.Disagreement over this issue almost ended the convention.
31The Great Compromise Great/Connecticut Compromise’s provisions House of Representatives= Proportional Rep.Senate = Equal Rep. (2 per state – chosen by state legislature)Senate appeased small states, House appeased big statesThe compromise passedby 1 vote
32The 3/5ths Compromise What did proportional representation mean? Southern states want slaves to count towards representationNorthern states thought counting them would only benefit, and empower, slave ownersIf they are considered property, why should property be represented?The Compromisestate’s population, in regards to apportioning representation, would be equal to free population plus 3/5ths slavesSlaves also counted as 3/5ths when computing taxes paid by each state to federal government
33Representation of New States New states would have full representation in congressA census would be taken every 10 years to reapportion seats in the House based on the shift in America’s population.
34Lesson 11: What Questions Did the Framers Consider in Designing the Three Branches of the National Government?
35PurposePolitical philosophers claim that governments must do three things: make, execute, and judge laws.The Constitution assigns these functions to three separate branches. This lesson explains how the Framers envisioned the role of each.
36ObjectivesExplain the role of each of the three branches and describe how the Constitution organizes them.Explain how and why the system of checks and balances contributes to limited government.Evaluate, take, and defend positions on how the President should be elected and issues relating to the appointment of Supreme Court justices.
37Terms to Know Deliberative Body Electoral College A legislative assembly that meets to debate issues. Electoral CollegeThe group of presidential electors who cast the official votes for president and vice president after a presidential election. Each state has a number of electors equal to the total of its members in the Senate and House of Representatives.Necessary and Proper ClauseClause of the Constitution that gives Congress the power to make all laws that are "necessary and proper" to carry out the powers specifically delegated to it by the Constitution. It is also known as the "elastic clause" because of the vagueness of the phrase "necessary and proper." Separated PowersThe division of the powers of government among the different branches. Separating powers is a primary strategy of promoting constitutional or limited government by ensuring that no one individual or branch has excessive power that can be abused. Shared PowersLegislative powers not completely separated between the branches of government.
38Balance of Power Among the Branches of Government Framers believed their was an imbalance of power between British Crown and ParliamentLed to tyranny of British CrownMany state government created weak executives, but led to legislative corruptionDelegates needed to create system of balanced powers (checks & balances)
39Legislative Power & Organization Congress should be a deliberative bodyThorough debate, no hasty decisionsBicameral legislature makes law passage difficult(on purpose)Delegates felt power to make laws greatest powerEnumerated Powers are specifically listedCongress also granted powers Necessary & Proper
40Executive Powers & Organization Executive needed “energy” to act quickly when necessary forCommon defensePreserve public peaceInternational relationsMust be strong enough tocheck power of legislature,but can not endanger republicA single chief executive needed, 4-yr termNo limit set for reelection
41Presidential Selection Delegates reject idea of direct electionCitizens of large country would “not know” best candidatesOther felt Indirect elections would be corruptInstead, Electoral College proposedOrganized every 4 years, then dissolvedEach state selects electors, number based on total members in CongressElectors voted for two people (at least one outside home state)Majority wins presidency, 2nd becomes VPIf tie, House selects with majority vote
42Judicial Power & Organization Judges chosen by President, confirmed by SenateSupreme Court is head of judiciaryJudges independent of politicsCannot be removed unless accused & convicted of high crimes
43Division of Power Veto Appointment Treaties War Impeachment President can veto bill passed in CongressCongress can override veto with 2/3 voteAppointmentPresident nominates, Senate must approveTreatiesPresident negotiates, Senate approves (2/3 vote)WarPresident is commander in chief, Congress declares war & controls $$$ImpeachmentCongress can remove executive or judicial branch members if they commit high crimesJudicial ReviewJudicial branch (eventually) can determine whether acts of Congress are Constitutional
44Lesson 12: How Did the Delegates Distribute Powers between National and State Governments?
45PurposeThe relationship between national and state powers was at the core of the first Convention debates.The delegates eventually worked out a series of regulations & compromises that defined what national and state government could and could not do.Several compromises involved slavery, the most divisive issue among states.
46ObjectivesDescribe the major powers and limits on the national government, powers specifically left to states, and prohibitions the Constitution placed on states.Explain how the Constitution did and did not address slavery and other unresolved issues.Evaluate, take, and defend positions on how limited government in the US protects individual rights and promotes the common good and on issues involving slavery.
47Terms to Know ex post facto law bill of attainder secede A law that criminalizes an act that was not a crime when committed, that increases the penalty for a crime after it was committed, or that changes the rules of evidence to make conviction easier. Ex post facto laws are forbidden by Article I of the Constitution.bill of attainderAn act of the legislature that inflicts punishment on an individual or group without a judicial trial.secedeFormal withdrawal by a constituent member from an alliance, federation, or association.supremacy clauseArticle VI, Section 2 of the Constitution, which states that the U.S. Constitution, laws passed by Congress, and treaties of the United States "shall be the supreme Law of the Land" and binding on the states.tariffA tax on imported or exported goods. Also known as a duty.
48National Government’s Powers Powers given to national gov’t over states:Make or change state election lawsCall state militias into national serviceCreate new statesGuarantee each state a “republican for of gov’t”Protect states from invasion or domestic violenceConstitution & laws / treaties made by Congress are supreme law of the land (Supremacy Clause)
49Limits on Power of National Gov’t These provisions protected individual rightsCannot suspend habeas corpusCannot pass ex post facto laws or bills of attainderCannot suspend trial by jury in criminal casesCannot modify definition of treasonThe following protect rights of public officialsMembers of Congress cannot be arrested during session unless a major crimeNo religious tests for public officeImpeachment clauses protect right to a fair trialGov’t cannot take money from treasury without an appropriation law
50Limits on Power of State Gov’ts States cannotCoin their own moneyPass laws that enable people to violate contractsMake ex post facto laws or bills of attainderEnter into foreign treaties or declare warTax imports or exportsKeep troops or ships of war in peace timeNo discrimination against citizens of other statesMust return fugitives from other states
51Slavery’s Affect on Distribution of National & State Powers Many delegates were opposed to slavery, kept terms out of Constitution (but protected institution)Southern states considered slaves property, and property issues should be state mattersNC, SC, and GA would create own nation if Constitution interfered w/ slaveryNorthern delegates agree to put in “fugitive slave clause” and not to interfere with slave trade until 1808.
52Issues Unaddressed Citizenship Voting Rights Where national power ends / state power begins“Necessary & Proper Clause”State’s right to secede from the US
53Lesson 13: What Was the Anti-Federalist Position in the Debate about Ratification?
54PurposeThe signed Constitution would only become official if ratified by 9 of 13 states. This lesson explains the ratification process and public debate between the Federalists (supported) and Anti-Federalists (opposed).
55ObjectivesExplain why the Anti-Federalists opposed ratifying the Constitution.Explain the role of Anti-Federalists in proposing a bill of rights.Identify other contributions their views have made toward interpreting the Constitution.Evaluate, take and defend a position on the validity and relevance of Anti-Federalist arguments.
56Terms to Know Anti–Federalists Bill of Rights ratification Opponents to ratification of the U.S. Constitution who believed that it gave excessive power to the federal government and failed to protect the rights and liberties of the people.Bill of RightsThe first ten amendments to the U.S. Constitution. The Bill of Rights lists many basic rights that the federal government may not interfere with and must protect. Nearly all these rights are now also protected from violation by state governments.ratification(1) Formal approval of some formal legal instrument such as a constitution or treaty. (2) In U.S. constitutional history, the approval of the U.S. Constitution in 1788 by the ratifying conventions held in each state, except for Rhode Island, which initially voted the Constitution down by popular referendum.
57The Ratification Process Ratifying conventions set up in each stateSole purpose was to debate and approve/reject the ConstitutionDelegates elected by popular vote9 States needed to ratify Constitution for it to go into effectExample of Social Contract Theory
58Debating the Proposed Constitution As soon as delegates released the proposal, opposition emerged.Anti-Federalists published objections in newspapers and pamphlets (George Mason, Elbridge Gerry)Oppositions believed in reasoned discourse to educate citizensThey drew on political philosophy ad history to make arguments.Americans read and discussed the arguments in their homes, coffeehouses, taverns and public meetings across the nation.
59Key Elements of Anti-Federalists’ Opposition Representative gov’t could only work in small communities of people with similar beliefsIn large nations, gov’t no longer reflects wishes of most citizens, resorting to force to maintain authorityNational gov’t will reduce power / role of local gov’tSmall, agrarian communities are more likely to have civic virtue than large, diverse nations
60Anti-Federalists’ Philosophy Strong national gov’ts needed in large nations have always destroyed republicsEach branch had potential for tyrannyNo adequate limit on Congress’ necessary & proper clausePresident has unlimited power to grant pardonsNational courts could destroy state judicial branchesGov’t is not truly representative. House of Reps has only 65 members out of 3 million citizens.
61Bill of Rights Debate National gov’t did not protect rights. National gov’ts power is so general and vague that it is essentially unlimited.Nothing keeps gov’t from violating all rights it does not explicitly protect.State’s bill of rights does not protect against national government.Bill of Rights would remind people of the principles of our political system.
62What Was the Federalist Position in the Debate about Ratification? Lesson 14: What Was the Federalist Position in the Debate about Ratification?
63PurposeThose who supported ratification, which created a stronger government, called themselves Federalists.This lesson describes the arguments and strategies Federalists used to win support for the Constitution.
64ObjectivesExplain the key arguments of the Federalists and the process by which the Constitution was finally ratified.Evaluate, take, and defend positions on the continuing relevance and validity of the Federalists’ argument.
65Terms to Know "new science of politics" faction Federalists James Madison's term in The Federalist for a study of politics utilizing reason, observation, and history that would help the Founders construct a new government on a rational and informed basis.faction(1) A small group within a larger group. (2) In its political sense, according to James Madison in Federalist 10, a faction is a "number of citizens, whether amounting to a majority or a minority of the whole, who are united...by some common impulse of passion, or of interest, adverse to the rights of other citizens or to the permanent and aggregate interests of the community." FederalistsAdvocates for a strong central government who urged ratification of the U.S. Constitution. They flourished as a political party in the 1790s under the leadership of Alexander Hamilton. The party disappeared from national politics in majority tyrannyA situation in which a majority uses the principle of majority rule but fails to respect the rights and interests of the minority. See also majority rule The FederalistA series of articles written for newspapers urging the adoption of the Constitution and supporting the need for a strong national government.
66Federalists’ Strategies Federalists acted quickly so that Ant-Federalists would not have a chance to organize opposition.Over ten months of debate, Hamilton, Madison, and Jay published Federalist Papers to convince people to support ratification.They presented Constitution as a well-organized, agreed-upon plan that reflected a “new science of politics.”
67Federalists’ Response to Fears of a Large Republic Most Americans agreed that large republics were unsuccessfulMadison creates new theory that factions are greatest dangerFactions promote own self-interest at expense of common goodMajority tyranny could be combated w/ a republicLarge republic’s would reduce large factionsRepresentatives “refine” public views by filtering out ideas based solely on self-interest.Large republics would defeat dangers of faction.
68Federalists’ Central Arguments Civic virtue alone will not protect people’s rights and promote their welfare.With many interests and factions in a large republic, none would dominateConstitution’s organization (Checks & Balances) promote goals of republicanismElectoral system would ensurequalified representativesComplicated system wouldprevent factions from servingown interests at expense ofcommon goodDifficulty to pass laws was agood thing
69Federalists’ Central Arguments Representation of different interests in the government will protect basic rightsIn Legislative Branch, House represents local interests, Senate represents state’s interestsIn Executive, President safeguards nation’s interestsIn Judicial, Supreme Court ensures good judgments since they are independence of politics, responsible only to Constitution.
70Ratification’s Success By June 1788, 9 states voted to ratify.However, no NY or VA (needed, wealthy & populous)Federalists agreed to add a Bill of Rights during first Congress, depriving Anti-Fed’s of their most powerful argument.NC and RI eventually forced to ratify by 1790 or else be treated as foreign nations.