1. Creation of the Constitution
Unit 2
Creation of the Constitution

2. Essential Question
How did the Framers create the Constitution?

3. Unit Overview
Lesson 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?   

4. Unit 2 Purpose
After 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 learn
Why the Articles of Confederation were replaced
Why the Constitution was created as it was
How the debates over ratification raised issues debated to this day.

5. Lesson 8:
What were the Articles of Confederation, and Why Did Some Founders Want to Change Them?

6. Purpose
This 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.

7. Objectives 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 Articles
The significance of the Northwest Ordinance
American’s mistrust of a strong national government

8. Terms 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.  
Confederation
A 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' Rebellion
An armed revolt by Massachusetts farmers seeking relief from debt and mortgage foreclosures. The rebellion fueled support for amending the Articles of Confederation.  

9. Why & How Were the Articles of Confederation Created?
Americans realized that they would need some centralized leadership to address the following issues
Manage relationships between states
Resolve border disputes
Conduct relations with rest of world
Along with Declaration of Independence, Second Continental Congress creates the first US government, the Articles of Confederation (1776)

10. Problems with the “Articles”
Fear of a Strong Central Gov’t
To many, their state was their country.
British government’s “abuse” of power could characterize a strong US government
Study of history suggested that republican gov’t can only succeed in small communities
Articles considered a “firm league of friendship”
Most powers of government were given to states
Ex) Congress could not collect taxes, could not regulate trade

11. Problems Continued…
Fear that some states would dominate central government
The following issues pitted states against each other
Representation and voting in Congress
Payment for war expenses
Territorial claims in the West

12. The “Articles’” Achievements
Secured recognition of American Independence
Created executive departments and admiralty courts (developed into Cabinet & Federal Court System)
Northwest Ordinance (1787)
Created process for territory to become a state
Prohibited slavery in new territory
Guaranteed equality of new states

13. Weaknesses of Articles
No power to tax
Caused problems paying off war debts
No power to force states to recognize agreements with foreign nations
Damaged trade relations
No power to make laws regulating trade among states
No power to makes laws directly regulating behavior of citizens

14. Attempts to Solve Problems
Amendments never passed since all 13 states needed to ratify
Many leaders proposed a meeting, or convention, to discuss changes
Delegates then met in
Philadelphia to propose
changes to the Articles

15. Shay’s Rebellion
100’s of farmers in MA gathered to prevent courts from selling their property
Many ex-soldiers were not paid their wages, therefore falling into debt and losing their farms
Shays and his men attempt to capture weapons arsenal
Governor calls militia to put down rebellion
Fears 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?

17. Purpose
This 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.

18. Objectives Describe the organizing phase of the convention.
Explain the significance of rules and agendas for effective civil discussion.
Evaluate, take, and defend positions on
determining what interests should be represented in a constitutional convention
the advantages and disadvantages of secrecy in governmental deliberations

19. Terms to Know civil discourse Constitutional Convention delegate
Reasoned discussion as opposed to emotional display.  
Constitutional Convention
The 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 system
A form of government in which power is divided and shared between a central government and state and local governments.
national government
The organization having central political authority in a nation; the representative unit of political organization.  
proportional representation
In 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.

20. Those in Attendance of Philadelphia Convention
55 delegates from states (Framers)
Ave. age 42, ¾ had served in Congress
Most were prominent political leaders, very qualified
George Washington
Most respected Military Leader in nation
James Madison
Had greatest influence on organization of national gov’t
Benjamin Franklin
81, poor heath, but internationally renown statesmen
Alexander Hamilton
Most prominent supporter of strong national gov’t

21. Who Did Not Attend? Thomas Jefferson John Adams Patrick Henry RI
In Paris as US minister to France
John Adams
US ambassador to Great Britain
Patrick Henry
Refused to attend, suspicious of convention / “I smell a rat!” RI
Opposed to stronger national gov’t

22. Convention Rules At least 7 states must be present each day
While speaking, others had to listen
Member could not speak more than 2x on same question
Committees appointed as necessary
Any decision subject to change until entire plan complete
Convention’s proceedings kept secret

23. The Virginia Plan
Many delegates wanted to completely scrap Articles, not just amend
Madison proposes new, stronger government
Two governments, national & state (Federal system)
Three braches of national government
Legislative – make laws (most powerful)
Executive – enforce laws
Judicial – interpret laws
Legislature (congress) would have two branches
House of Representatives – elected by the people
Senate – Proposed by States, selected by the House

24. The 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 representation
Congress would have power to make laws that states were not able to make
Ex) regulating trade between states

25. Why Was Representation a Major Issue at the Philadelphia Convention?
Lesson 10:   
Why Was Representation a Major Issue at the Philadelphia Convention?

26. Purpose 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.

27. Objectives
Explain 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.

28. Terms 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 Compromise
Article 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.

29. Disagreement Over Representation
No disagreement over two-house Congress
Proportional representation was the issue
Madison – 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.

30. The New Jersey Plan Similar to Articles of Confederation
One house Congress, equal representation
Most 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.

31. The 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 states
The compromise passed
by 1 vote

32. The 3/5ths Compromise What did proportional representation mean?
Southern states want slaves to count towards representation
Northern states thought counting them would only benefit, and empower, slave owners
If they are considered property, why should property be represented?
The Compromise
state’s population, in regards to apportioning representation, would be equal to free population plus 3/5ths slaves
Slaves also counted as 3/5ths when computing taxes paid by each state to federal government

33. Representation of New States
New states would have full representation in congress
A census would be taken every 10 years to reapportion seats in the House based on the shift in America’s population.

34. Lesson 11: What Questions Did the Framers Consider in Designing the Three Branches of the National Government? 

35. Purpose
Political 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.

36. Objectives
Explain 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.

37. Terms to Know Deliberative Body Electoral College
A legislative assembly that meets to debate issues.  
Electoral College
The 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 Clause
Clause 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 Powers
The 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 Powers
Legislative powers not completely separated between the branches of government.  

38. Balance of Power Among the Branches of Government
Framers believed their was an imbalance of power between British Crown and Parliament
Led to tyranny of British Crown
Many state government created weak executives, but led to legislative corruption
Delegates needed to create system of balanced powers (checks & balances)

39. Legislative Power & Organization
Congress should be a deliberative body
Thorough debate, no hasty decisions
Bicameral legislature makes law passage difficult
(on purpose)
Delegates felt power to make laws greatest power
Enumerated Powers are specifically listed
Congress also granted powers Necessary & Proper

40. Executive Powers & Organization
Executive needed “energy” to act quickly when necessary for
Common defense
Preserve public peace
International relations
Must be strong enough to
check power of legislature,
but can not endanger republic
A single chief executive needed, 4-yr term
No limit set for reelection

41. Presidential Selection
Delegates reject idea of direct election
Citizens of large country would “not know” best candidates
Other felt Indirect elections would be corrupt
Instead, Electoral College proposed
Organized every 4 years, then dissolved
Each state selects electors, number based on total members in Congress
Electors voted for two people (at least one outside home state)
Majority wins presidency, 2nd becomes VP
If tie, House selects with majority vote

42. Judicial Power & Organization
Judges chosen by President, confirmed by Senate
Supreme Court is head of judiciary
Judges independent of politics
Cannot be removed unless accused & convicted of high crimes

43. Division of Power Veto Appointment Treaties War Impeachment
President can veto bill passed in Congress
Congress can override veto with 2/3 vote
Appointment
President nominates, Senate must approve
Treaties
President negotiates, Senate approves (2/3 vote)
War
President is commander in chief, Congress declares war & controls $$$
Impeachment
Congress can remove executive or judicial branch members if they commit high crimes
Judicial Review
Judicial branch (eventually) can determine whether acts of Congress are Constitutional

44. Lesson 12:    
How Did the Delegates Distribute Powers between National and State Governments?

45. Purpose
The 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.

46. Objectives
Describe 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.

47. Terms 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 attainder
An act of the legislature that inflicts punishment on an individual or group without a judicial trial.
secede
Formal withdrawal by a constituent member from an alliance, federation, or association.
supremacy clause
Article 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.
tariff
A tax on imported or exported goods. Also known as a duty.

48. National Government’s Powers
Powers given to national gov’t over states:
Make or change state election laws
Call state militias into national service
Create new states
Guarantee each state a “republican for of gov’t”
Protect states from invasion or domestic violence
Constitution & laws / treaties made by Congress are supreme law of the land (Supremacy Clause)

49. Limits on Power of National Gov’t
These provisions protected individual rights
Cannot suspend habeas corpus
Cannot pass ex post facto laws or bills of attainder
Cannot suspend trial by jury in criminal cases
Cannot modify definition of treason
The following protect rights of public officials
Members of Congress cannot be arrested during session unless a major crime
No religious tests for public office
Impeachment clauses protect right to a fair trial
Gov’t cannot take money from treasury without an appropriation law

50. Limits on Power of State Gov’ts
States cannot
Coin their own money
Pass laws that enable people to violate contracts
Make ex post facto laws or bills of attainder
Enter into foreign treaties or declare war
Tax imports or exports
Keep troops or ships of war in peace time
No discrimination against citizens of other states
Must return fugitives from other states

51. Slavery’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 matters
NC, SC, and GA would create own nation if Constitution interfered w/ slavery
Northern delegates agree to put in “fugitive slave clause” and not to interfere with slave trade until 1808.

52. Issues Unaddressed Citizenship Voting Rights
Where national power ends / state power begins
“Necessary & Proper Clause”
State’s right to secede from the US

53. Lesson 13: What Was the Anti-Federalist Position in the Debate about Ratification?  

54. Purpose
The 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).

55. Objectives
Explain 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.

56. Terms 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 Rights
The 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.

57. The Ratification Process
Ratifying conventions set up in each state
Sole purpose was to debate and approve/reject the Constitution
Delegates elected by popular vote
9 States needed to ratify Constitution for it to go into effect
Example of Social Contract Theory

58. Debating 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 citizens
They 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.

59. Key Elements of Anti-Federalists’ Opposition
Representative gov’t could only work in small communities of people with similar beliefs
In large nations, gov’t no longer reflects wishes of most citizens, resorting to force to maintain authority
National gov’t will reduce power / role of local gov’t
Small, agrarian communities are more likely to have civic virtue than large, diverse nations

60. Anti-Federalists’ Philosophy
Strong national gov’ts needed in large nations have always destroyed republics
Each branch had potential for tyranny
No adequate limit on Congress’ necessary & proper clause
President has unlimited power to grant pardons
National courts could destroy state judicial branches
Gov’t is not truly representative. House of Reps has only 65 members out of 3 million citizens.

61. Bill 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.

62. What Was the Federalist Position in the Debate about Ratification?
Lesson 14:    
What Was the Federalist Position in the Debate about Ratification? 

63. Purpose
Those 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.

64. Objectives
Explain 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.

65. Terms 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."  
Federalists
Advocates 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 tyranny
A 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 Federalist
A series of articles written for newspapers urging the adoption of the Constitution and supporting the need for a strong national government.

66. Federalists’ 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.”

67. Federalists’ Response to Fears of a Large Republic
Most Americans agreed that large republics were unsuccessful
Madison creates new theory that factions are greatest danger
Factions promote own self-interest at expense of common good
Majority tyranny could be combated w/ a republic
Large republic’s would reduce large factions
Representatives “refine” public views by filtering out ideas based solely on self-interest.
Large republics would defeat dangers of faction.

68. Federalists’ 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 dominate
Constitution’s organization (Checks & Balances) promote goals of republicanism
Electoral system would ensure
qualified representatives
Complicated system would
prevent factions from serving
own interests at expense of
common good
Difficulty to pass laws was a
good thing

69. Federalists’ Central Arguments
Representation of different interests in the government will protect basic rights
In Legislative Branch, House represents local interests, Senate represents state’s interests
In Executive, President safeguards nation’s interests
In Judicial, Supreme Court ensures good judgments since they are independence of politics, responsible only to Constitution.

70. Ratification’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.