The New Constitution Failure of the AOC

After the war…

Economic Depression A. Depression-economic activity slowed and unemployment increased i. Southern Plantations were damaged and could not produce as much rice, exports dropped. ii. Farmers produced less goods=less state taxes=lost land when officials took to pay debt (Shay’s Rebellion)

c. Worried gov’t couldn’t prevent rebellion. d. Washington “mankind, when left to themselves, are unfit for their own gov’t” Jefferson “A little rebellion, now and then is a good thing.”

i. Quakers organized first American Antislavery Society in 1775. ii. 1780-Penn. Passed law provided for freeing enslaved people gradually. iii. 1783- Mass. Ruled slavery illegal iv. 1784-1804: New Hamp., Conn., R.I., N.Y., and N.J., abolished slavery

v. 1787-Penn. Free African Society formed in Philadelphia vi. Virginia-encouraged manumission, freeing slaves vii. Abolition of slavery divides country

II. Call for Change A. Leaders divided on type of government i. Remain system of independent state governments ii. Create strong national gov’t-wanted to reform A. of C.

iii. Alexander Hamilton and James Madison proposed a meeting to discuss trade and changes to A. of C. so that that union would become a nation. iv. Washington agreed to attend convention.

Constitutional Convention A. Met in Phili, May 1787, 55 delegates, none were African American, Native American, or Women.

The Constitutional Convention 1787 Revising the A of C Demographics of Delegates -55 delegates (none from RI) -33 Lawyers -half were college graduates -7 former governors -7 plantation owners -8 business leaders -age 26-81 (avg. age 42) -all male, all white

B. Leaders: Washington, Franklin, James Wilson, governor Morris (wrote final draft), Randolph, Madison (father of Constitution-basic plan)

C. Washington presided w/these basic rules: i. Each state had one vote on all issues ii. Majority vote was needed iii. 7/13 states must be represented iv. Met behind closed doors D. 2 plans of government

Two “Revision” Plans Virginia Plan Favored large states Strong central government Bicameral (two house) legislature – larger house elected by the people (House of Representatives, and a smaller house that was selected by larger house (Senate) (This would change in the 17th Amendment)

Two “Revision” Plans New Jersey Plan Agreed with strong central government…BUT Congress would be unicameral (one house) with states having equal votes Did not want large population states to dominate the legislature

Compromise Wins A. Decided that revising would not solve problems, voted for National gov’t based on the Virginia Plan. i. How members would be elected ii. State representation in both house iii. Enslaved people part of population? iv. Ban Slavery?

Great Compromise A bicameral legislature in which the House of Representatives membership apportioned according to the state populations, plus 3/5 the slave population An upper house, the Senate, which would have two members from each state, elected by the state legislature (popularly elected today)

Three-fifths Compromise Agree to allow the South to count 3/5 the population in each state to balance the power of North and South

Madisonian Principles of Gov’t in the Constitution Popular Sovereignty – power to govern belongs to the people, gov’t based on the consent of governed Separation of Powers – division of gov’t between branches: executive, legislative and judicial Checks and Balances – a system where branches have some authority over others Limited Government – gov’t is not all-powerful, and it does only what citizens allow Federalism – division of power between central government and individual states

Separation of Powers Prevents an all-powerful ruling body Legislature – passes law (Congress) Executive – enforces law (President) Judiciary – interprets law (Supreme Court)

Amending the Constitution Meant to be difficult Require action from national and state gov

Amending the Constitution—Formal Methods Proposal by 2/3 vote of Congress Ratified by 3/4 of state legislatures. Proposed by 2/3 vote in Congress Ratified by 3/4 of state constitutional conventions

Proposed by 2/3 vote in Congress at the request of state constitutional conventions Ratified by 3/4 of state legislatures. Proposed by 2/3 vote in Congress at the request of state constitutional conventions. Ratified by 3/4 state constitutional conventions

Informal Amendment of the Constitution through Basic Legislation-- when Congress passes a law clarifying Constitutional provisions. EX: Article II, section 4 Congress can pass a law defining “high crimes and misdemeanors”.

through Executive Actions actions taken by the President to clarify Constitutional provisions of the Executive Branch. EX: from Article II, defining his role as “Commander-in- Chief” defining his role as “Chief Executive”

through Judicial decisions— decisions of the Supreme Court clarifying Constitutional questions. EX: Roe v. Wade (1973) Brown v. Board of Education of Topeka, Kansas (1954) Olmstead v. U.S. (1928)

through Custom and Political Party practices we continue to do things “because we always have” EX: the President’s Cabinet political parties political conventions

Fed vs. Anti-Fed Ratification – formal approval Federalist – in favor of adoption of US Constitution creating a federal union and strong central government Anti-Federalist – opposed to ratification in 1787, opposed to strong central government

Federalist Papers Annoyingly hard to read Best political theory ever written in US Written by Alexander Hamilton, James Madison, and John Jay Publius Convince public for ratification

Federalist #10 Madison addresses biggest fear of gov’t Faction – a group in a legislature or political party acting together in pursuit of some special interest (think fraction – ½, 1/3, etc) Founding fathers were concerned that our government would be ripped apart Madison defends our national Constitution

Federalist #10 Separation of Powers check the growth of tyranny Each branch of government keeps the other two from gaining too much power A republic guards against irresponsible direct democracy or “common passions” Factions will always exist, but must be managed to not severe from the system.

Anti-Fed Response Central gov’t would threaten liberty Aristocratic tyranny could happen Demanded a guarantee of individual rights and liberty States power was too limited

Bill of Rights 10 amendments to the Constitution guaranteed individual freedoms and rights limited power of national government, guaranteed rights to states Ratified in 1789, Bill of Rights added 1791

Did you get it???? What was the name to the first set of laws written to govern the first 13 colonies? What is the name of the first ten amendments to the Constitution? What group would not approve the constitution unless it included the Bill of Rights? Life, Liberty, and the Pursuit of Happiness are considered what?