Drafting the Constitution Chapter 5, Section 2

Under the Articles of Confederation, Congress A.Was specifically designed to be weak B.Had no control over public land policy C.Had no power to regulate commerce D.Had no tax-collecting authority

What was the “biggest” problem facing the nation under the Articles of Confederation?

Answer: Commerce between the states. (Close 2 nd : Civil Disorder- Shays Rebellion)

General Daniel Shays, Colonel Job Shattuck, artist unknown An anti-Shays cartoonist depicts Shays and a key supporter as bogus military officers who sought power and threatened the people's liberty. (National Portrait Gallery, Smithsonian Institution/Art Resource, New York) General Daniel Shays, Colonel Job Shattuck, artist unknown Copyright © Houghton Mifflin Company. All rights reserved.

National government Shay’s rebellion, the farmers protest, caused panic throughout the nation. Debt ridden Farmers Massachusetts Every state was in debt, it was just a matter of time until another rebellion arose somewhere else. Since the state governments had all the power, a new national government was needed to set things right in the United States

Call for convention It was clear that a new form of government was needed. Trade was one of the biggest concerns. Interstate trade was a major problem, states often argued with each other about taxes. Annapolis September, 1786 Trade meeting Also discussed at that meeting were plans for a new government. May, 1787 Delegates gathered in Philadelphia to discuss a new form of national government

Constitutional Convention New Generation of Leaders: Madison and Jefferson, et al. Absent: John and Sam Adams, Patrick Henry, and Thomas Henry, other revolutionaries Goal – Strengthen the Republic (Against enemies foreign and domestic)

James Madison by Charles Willson Peale, 1783 James Madison described himself as "feeble" and "sickly" and suffered all his life from dizzy spells and stomach disorders. But this small, shy Virginia planter and lawyer won the respect of his colleagues as a brilliant political theorist during the drafting of the Constitution, and later as a genius for organizing the machinery of party politics. (Library of Congress) James Madison by Charles Willson Peale, 1783 Copyright © Houghton Mifflin Company. All rights reserved.

Conflict State rights : Delegates were still worried about a strong national government. They knew however the country needed a efficient national government Representation: Everyone in the country had to representation in the government. Not just the right land owners. Two fundamental questions faced the delegation: 1. How to have a strong national government, but still have state rights. 2. Balance interests of all people.

First draft of the Constitution with wide margins for notes, August 6, 1787, folios 1 and 5 In August of 1787 a first draft of the Constitution was secretly printed in Philadelphia for the use of convention members. Wide margins left room for additions and amendments, such as those made on this copy by Pierce Butler, the South Carolina delegate. Note that in this early version the preamble does not yet read "We the people of the United States," but instead begins by listing the individual states. (The Gilder Lehman Collection, on deposit at the Pierpont Morgan Library/Art Resource, New York) First draft of the Constitution with wide margins for notes, August 6, 1787, folios 1 and 5 Copyright © Houghton Mifflin Company. All rights reserved.

CONSTITUTION =COMPROMISE “Great Compromise” – proposed by Roger Sherman House of Reps for Populous States Senate for Small States Power of govt. divided into 3 branches “3/5ths Compromise” Compromise on counting slaves as part of population Democratic power limited by powerful federal judges and the Electoral College, only Representatives directly elected Limited Government achieved through Checks and Balances Rule based on consent of the governed, but my means of representative, not direct, democracy LIBERTY WAS BALANCED WITH ORDER

Big States vs. Small States How could there be fair representation for larger states and smaller states. Unlike the Articles of Confederation, there had to be fair representation of a state’s size. Delegates came up with two plans to solve this problem New Jersey Plan William Paterson Small States Virginia Plan James Madison Larger States

The Great Compromise Debate on the two plans became heated, and then deadlocked. Finally a compromise was reached Two House Legislature Upper House (Senate) Each state would have equal representation Smaller states Lower House (House of Representatives) Representation would be based on the size of the state. Larger states.

Representation Virginia Plan James Madison Two-house legislature Membership based on the population of the state. People would vote in members of the lower house, they in turn would elect the upper house. Legislature would elect President Favored the larger states New Jersey Plan William Paterson Single house legislature as was used in the Articles of Confederation Each state gets one vote Plan favored the smaller states

Slavery and Representation The Great Compromise failed to deal with one particular issue, that of slavery and representation. The southern states, hypocritically, wanted slave to be counted in the population of the state. Why would this be bad for northern states? 3/5 ths Compromise Slaves would be counted as 3/5ths of the states population. For every 5 slaves, 3 of them would be counted in the population.

Division of Powers = Checks and Balances EXECUTIVE LEGISLATIVEJUDICIAL

WHAT IS YOUR OPINON: DO WE STILL NEED AN ELECTORAL COLLEGE TODAY?