1. The New Constitution
Failure of the AOC

2. After the war…

3. 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)

4. 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.”

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

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

7. 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.

8. 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.

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

10. 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 (avg. age 42)
-all male, all white

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

12. 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

13. 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)

14. 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

15. 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?

16. 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)

17. 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

18. 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

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

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

23. 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

24. 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

25. 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”.

26. 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”

27. 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)

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

29. 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

30. 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

31. 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

32. 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.

33. 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

34. 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

35. 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?