Just to Recap… The US under the Articles of Confederation was a mess! Why? The economy was in shambles. Shays’ Rebellion showcased the need for a better system of government.

GEORGE WASHINGTON –Chairman of the Convention Presided over the Convention –Didn’t participate in debates, but lent his prestige (fame) to the proceedings

JAMES MADISON –“Father of the Constitution” –Virginian & brilliant political philosopher –Led the debate –Kept detailed notes = best record of what happened in the meeting

–Author of the “VIRGINIA PLAN” Proposed a FEDERAL (instead of CONFEDERATE) gov’t of 3 branches –Legislative, executive, judicial Became the foundation for the structure of the new gov’t Later wrote much of the BILL OF RIGHTS

Alexander Hamilton Illegitimately born in the West Indies, immigrated to New York, and served in the Revolutionary War. Most vigorous advocate of strong, central, national government.

WHO WASN’T THERE:

Original purpose to Convention was REVISION of the ARTICLES OF CONFEDERATION –As VIRGINIA PLAN was revealed, delegates debated & then agreed that a NEW gov’t should be created

THREE BIG DEBATES –1. REPRESENTATION –2. COUNTING SLAVES –3. SLAVERY & SLAVE TRADE

REPRESENTATION –Large States v. Small States –Virginia Plan v. New Jersey Plan VA Plan = each state rep based on pop; each rep gets a vote in the new legislature

NJ Plan = each state has same # of rep each with a vote regardless of pop

THE GREAT COMPROMISE: 2 House legislature House of Representatives = members elected based on population Senate = each state would have equal representation regardless of size.

HOW TO COUNT SLAVES FOR REPRESENTATION and TAXATION –North v. South North wanted all slaves to count for taxation, NOT representation South wanted all slaves to count for representation, NOT taxation

RESOLUTION: –3/5 COMPROMISE Each person of servitude would count as 3/5 of a person in the population of states for BOTH rep and taxation

SLAVERY –North v. South (again) North wanted Congress to regulate interstate & foreign commerce; South feared power of central gov’t to tax exports

–South afraid Congress would outlaw slave trade –North wanted runaways to be able to gain freedom in free states; South wanted “property” returned to them

RESOLUTION: COMMERCE COMPROMISE –Congress power to regulate interstate & foreign commerce –Congress NOT tax exports or restrict slave trade for 20 years –Slaves couldn’t gain freedom by running away to free state

OTHER KEY ISSUES: –Federal (national) law = supreme law of the land, otherwise states govern themselves –Numerous checks & balances between 3 co-equal branches –Limited power of Federal gov’t to those identified in the Constitution (10 th Amendment)

Separation of Powers Legislative-bicameral legislature-Congress Executive branch-President Judicial branch-Supreme Court

Congress Made all laws deemed “necessary and proper.” –Also called Elastic Clause –Source of much controversy Has the power to levy taxes, borrow money, declare war, deal with foreign nations & Indians, and promote the general welfare Commerce clause- power to regulate interstate and foreign commerce Frederick Muhlenberg of Pennsylvania-the first Speaker of the House

President Charged with enforcing the laws Commander-in-Chief of the armed forces Elected by the electoral college George Washington is sworn in as the first President of the United States

Supreme Court Justices appointed by the President to life terms and approved by Congress. Charged with interpreting the constitutionality of laws (not an easy task) Highest level of jurisdiction of the federal court system John Jay, the first Chief Justice of the Supreme Court

Checks & Balances To prevent an accumulation of power dangerous to liberty, authority within the government is diffused and balanced against itself. What are ways that the 3 branches of government check the power of each other?

Supremacy Clause States that the Constitution is the “supreme law of the land.” –Asserts authority of the national government over the states.

Bill of Rights Needed to ratify the Constitution as many large southern states refused to ratify it. Madison wrote the first 10 amendments to the Constitution in Mirrored the Virginia Declaration of Rights written by George Mason 15 years earlier.

Bill of Rights 1.Freedom of speech, religion, press, & assembly 2.Right to bear arms 3.Protection from quartering of troops 4.Protection from unreasonable search & seizure 5.Right to due process and protection from double jeopardy and self-incrimination 6.Right to a fair, speedy trial by jury of peers 7.Right to a civil trial 8.Prohibition of cruel and unusual punishment 9.Protection of the rights of the people not listed in the Constitution. 10.Powers not granted to the federal government are reserved for the states.

The CONSTITUTION established a gov’t that has a FEDERAL STRUCTURE: – shared power between the national gov’t and state gov’ts –Protected the rights of states –Provided a system for orderly change through amendments to the Constitution itself

Federalist v. Anti-Federalists –Who? –Major Differences?

Federalists Advocates of a stronger Union Believed that the sphere of government should be extended Generated support for the ratification of the Constitution through the publication of The Federalist –Collection of 85 essays that appeared in newspapers throughout the country –Written by Alexander Hamilton, James Madison, and John Jay

Anti-Federalists Opposed to the ratification of the Constitution Insisted the Republican government could succeed only in smaller communities, which were more uniform and harmonized. Very instrumental in getting the Bill of Rights ratified. Included revolutionaries such as Samuel Adams, John Hancock, and Patrick Henry