Do Now The “Framers” – George Washington (VA-Federalist) – Benjamin Franklin (PA-Federalist) – James Madison (VA-Federalist) – Absent: John Adams (MA-Federalist), Thomas Jefferson (VA- Anti-Federalist) in Europe Samuel Adams and John Hancock (MA-Anti- Federalists) not elected Patrick Henry (VA-Anti-Federalist) chosen but absent; “smelled a rat” Processing: How might this debate have gone differently if these men were present?

THE CONSTITUTION-MAKERS Conservative Well-to-do: lawyers, merchants, shippers, land speculators, moneylenders No delegates from poor, debtor class 19/55 owned slaves Young (~42) Nationalist—preserving and strengthening the young republic Democratic—represented the interests of the people (to what extent?)

Constitutional Reform American political ideology changed from the beginning of the American Revolution to the late Confederation period: tyranny – In the 1770s, American political leaders saw tyranny as the greatest threat to the USA ordinary citizens – But…by the mid-1780s, they saw ordinary citizens who lacked virtue as the greatest threat Thus, states created weak state governors & a weak Articles of Confederation The problem is an excess of democracy not an excess of tyranny Shays’ Rebellion will help prove this point to the Founding Fathers

Constitutional Reform By 1787, the fatal flaws of the Articles of Confed were exposed: – Shays’ Rebellion – Shays’ Rebellion broke out among desperate MA farmers who faced losing their farms or being sent to debtor’s prison – Congress called for a meeting in Philadelphia to discuss revising the Articles & strengthening the national gov’t Merchants in MA hired their own mercenary militia to end the uprising Congress did not have the tax funds to send an army urgency Shays’ Rebellion gave nationalists like Washington, Madison, Hamilton the urgency to call for a stronger national gov’t

The Constitutional Convention in Philadelphia, 1787

The Philadelphia Convention Shay’s Rebellion led to increased support for a stronger central government & more attendance at the Philadelphia Convention In May 1787, 55 delegates from all states (except RI) met to discuss revising the Articles of Confederation, but it soon became apparent that something more serious was needed NOT They did NOT intend to replace the Articles

The Philadelphia Convention The Philadelphia Convention delegates in Philadelphia made 3 important (& illegal) decisions: – The Articles of Confederation were to be completely replaced – Nothing from the meeting was to be printed or spoken to the public – Every state got 1 vote but all decisions needed a majority vote (not 9 of 13 states) to pass Is this a government of the people? To amend the Articles, all 13 states had to agree

Inventing a Federal Republic Delegates incorporated 4 major principles into this new gov’t: – Limited gov’t – Limited gov’t—even though a stronger gov’t was being created, citizens’ liberty is protected – Republicanism – Republicanism—the people vote for their leaders – Separation of powers – Separation of powers—three branches with defined powers – Federalism – Federalism—the national gov’t shares power with state gov’ts

The Preamble to the Constitution The Preamble is the introduction to the Constitution which spells out why the new government was created Read the Preamble and answer the three discussion questions

The Articles of the Constitution The Constitution is made up of 7 articles that describe the structure & powers of the national government Use the copy of the Constitution to answer the scavenger hunt questions Preamble Article I The Legislative Branch Article II The Executive Branch Article III The Judicial Branch Article IV Relationship Between the States and the Federal Government Article V Amending the Constitution Article VI Supreme Law of the Land Article VII Ratifying the Constitution 27 Amendments

Three Branches of Government

Federalism

Critical Thinking Question Do Now: What’s the constitutional issue between Large States and Small States?

Inventing a Federal Republic New Jersey Plan William Paterson presented the New Jersey Plan: – Congress given power to tax – Each state had one vote in a unicameral legislature – But Articles mostly untouched Virginia PlanJames Madison presented the Virginia Plan: – Bicameral legislature – Larger states had more representatives – Create a chief executive appointed by Congress Small states objected to this large-state dominance The large states listened politely then overwhelmingly voted against it

The Great Compromise Great Compromise Roger Sherman helped resolve the differences between the large & small states by proposing the Great Compromise – Congress would be a bicameral legislature (House & Senate) – Each state was given 2 delegates in the Senate – House of Representatives was determined by state population Also known as the “Connecticut” Compromise” Victory for the small states Victory for large states Only the House of Reps could introduce tax bills

What did Congress look like after the Great Compromise?

Critical Thinking Question B: Southern Slave States vs. Northern Free States Critical Thinking Question B: Southern Slave States vs. Northern Free States

The 3/5 Compromise Problems still remained between the northern & southern states regarding how to count population size (do slaves count?) Three-Fifths Compromise The Three-Fifths Compromise settled the issue: – Three-fifths of the slave population could be counted toward representation in the House of Representatives

Critical Thinking Question C: To End Slavery or Not

Compromising with Slavery Despite the contradiction slavery posed, Southerners threatened to leave the USA anytime the slave question was discussed As a compromise for the South, the slave trade could continue to 1808 & runaway slaves returned “Great as the evil is, a dismemberment of the Union would be worse.” —James Madison

The Last Details In 1787, a final draft included: – Electoral College to vote for the president to “filter the masses” Electoral College – System of checks & balances among the 3 branches of gov’t – President would serve for 4 years rather than for life Delegates decided against a Bill of Rights because most state constitutions already had them Including ideas once considered tyrannical Including ideas once considered tyrannical: Presidential power to appoint judges & presidential veto power over Congress

FYI: Electoral Votes (2000 Census)

James Madison helped broker many of the compromises that made the Constitution possible & is referred to as the “father of the Constitution”

Key Ideas of the Constitution Popular Sovereignty: the people have power by voting for leaders Limited gov’t: even though the national gov’t was stronger, citizens’ liberty was still protected Federalism: the national gov’t shares power with state gov’ts

The Constitution was a radical shift from the Articles of Confederation because it gave more power to the national gov’t than to the state gov’ts

The supremacy clause establishes the Constitution (not the states) as the "the supreme law of the land" Federalism Federalism—state gov’ts & the national gov’t both have power A state law cannot contradict a national law

Federalism

Key Ideas of the Constitution Separation of powers: three branches with defined powers

Separation of Powers

Article 1: Legislative Branch

House of Representatives Senate

Key Ideas of the Constitution Only Congress can make laws, declare war, create taxes The “elastic clause” gives Congress implied powers to make laws seen as “necessary & proper” The Senate ratifies treaties & confirms judicial appointments

Article II: Executive Branch

Key Ideas of the Constitution The president can only recommend legislation to Congress but can veto bills The president oversees the bureaucracy

Chief Agenda Setter Chief of State Commander-in- Chief of the military

Article III: Judicial Branch

Key Ideas of the Constitution The only court mentioned in the Constitution is the Supreme Court

Key Ideas of the Constitution Checks & balances: each branch can limit the power of the others

The Struggle for Ratification

The delegates in Philadelphia knew that ratification of the new Constitution would not be easy: – They had no authority to change the Articles of Confederation – They did not inform the public of their ongoing decisions – They fundamentally altered the relationships between the states & the central government

Federalists & Anti-FederalistsFederalists Supported ratification of the Constitution Were well- organized & educated Federalist Papers Used Federalist Papers to argue for ratification Had the support of the media Anti-Federalists Against ratification – Distrusted of a gov’t that removed power from the hands of the people – Claimed the new Constitution favored the upper class Authored by Madison, Hamilton, & Jay “The Constitution is itself a Bill of Rights” Anti-Federalists argued for more protection of individual liberties

Ratification of the Constitution

Adding the Bill of Rights To win ratification, the Federalists agreed to add a Bill of Rights – With this protection of citizens’ liberty, all 13 states agreed to ratify the Constitution – Constitution became the official the law of the land in 1789 After bitter fight, most Americans chose to support the Constitution If 1776 was the 1 st American Revolution… 1787 was the 2 nd American Revolution

Discussion Questions Which of the following ideas was most important to the framers of the Constitution in 1787? – Federalism – Separation of powers? – Checks and balances? – Republican democracy? – Gov’t limited by the people? Which is most important today?

The Constitution proved to be a successful form of government; Today, the Constitution is the oldest existing written gov’t in the world & has become a model for other nations

Charles Beard, Economic Interpretation of the Constitution