THE CONSTITUTIONAL CONVENTION
FEDERALISTS Led By Alexander Hamilton Feared “mob” rule Favored Strong Central government The Federalist Papers Federalist X speaks of factions, special interest groups
ANTI FEDERALISTS Led By Jefferson Feared a tyrant Favored States’ Rights Insisted on Bill of Rights
THE CONSTITUTION Women, Native Americans, and enslaved blacks not represented How do we view this sad fact? Was there a “good” result?- ( temporary solution) What is the bad result?
COMPROMISE ON REPRESENTATION VIRGINIA PLAN NEW JERSEY PLAN CONNECTICUT PLAN- GREAT COMPROMISE THREE- FIFTHS COMPROMISE Article I Sec 2 Clause 3 In effect until 13 th Amendment
THE FIRST DRAFT OF THE DECLARATION OF INDEPENDENCE CONDEMNS SLAVERY !!!!!!! he has waged cruel war against human nature itself, violating it’s most sacred rights of life & liberty in the persons of a distant people who never offended him, captivating & carrying them into slavery in another hemisphere, or to incur miserable death in their transportation thither. this piratical warfare, the opprobrium of infidel powers, is the warfare of the CHRISTIAN king of Great Britain. determined to keep open a market where MEN should be bought & sold, he has prostituted his negative for suppressing every legislative attempt to prohibit or to restrain this execrable commerce
THE DECLARATION OF INDEPENDENCE Edward Rutledge of South Carolina is a key person in defending the institution of slavery VA, SC, NC, GA threaten to not sign the DOI if the words condemning the slave trade are included Jefferson and Adams agree to cross out those words When the-anti slavery words are crossed out what is the good effect?– All 13 colonies will agree to sign What is the bad effect? – THE DOI does not condemn slavery
FEDERALISM THE DIVISION OF POWER BETWEEN THE CENTRAL GOVERNMENT AND THE STATES Delegated powers Reserve powers Concurrent powers
CHECKS AND BALANCES THREE BRANCHES OF GOVERNMENT– An idea based on Montesquieu, Spirit of Laws, and Separation of Powers LEGISLATIVE EXECUTIVE JUDICIAL
THE CONSTITUTION IS A BUNDLE OF COMPROMISES The Elastic Clause (Article I Sec 8, clause 18) v. Ninth Amendment The Tenth Amendment v the Supremacy Clause ( Article VI, Section 2)
The Electoral College designed to preserve the role of the states in governing a nation ( Article II, Section 2) the United States of America - reflects its fundamental federal nature. fundamental federal nature We are a nation of states, not of autonomous citizens "The people are uninformed, and would be misled by a few designing men." -- Delegate Gerry, July 19, 1787.
THE SECRET DINNER – NYC Hamilton and Jefferson Hamilton will get National Bank to assume the national debt Hamilton’s Report on National Bank, Report on Public Credit, Report on Manufactures excise tax) shapes the future of America as an industrial nation Jefferson will get Capital moved to D.C.- this shapes future of America as a pro-slavery nation
JUDICIAL REVIEW THE POWER OF THE SUPREME COURT TO RULE A LAW UNCONSTITUTIONAL ESTABLISHED BY JOHN MARSHALL IN MARBURY v. MADISON (1803) HE RULED THE JUDICIARY ACT OF 1789 UNCONSTITUTIONAL
JUDICIAL REVIEW
E PLURIBUS UNUM OUT OF MANY WE ARE ONE!!