Essential Question: In what ways did the Constitution deviate from the gov’t under the Articles of Confederation? What were the Federalist and Anti-Federalist critiques regarding the new Constitution? Lesson Plan for Thursday, September 11, 2008: RQ 8A, Constitution Notes, Examine Federalist Papers vs. Anti-Federalist documents, & Constitution scavenger hunt

Constitutional Reform American political ideology changed from the beginning of the American Revolution to the late Confederation period: In the 1770s, American political leaders saw tyranny as the greatest threat to the USA 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 17

Constitutional Reform Congress did not have the tax funds to send an army Merchants in MA hired their own mercenary militia to end the uprising By 1787, the fatal flaws of the Articles of Confed were exposed: 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 Shays’ Rebellion gave nationalists like Washington, Madison, Hamilton the urgency to call for a stronger national gov’t 18

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 They did NOT intend to replace the Articles 19

The Philadelphia Convention Is this a government of the people? 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 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—even though a stronger gov’t was being created, citizens’ liberty is protected Republicanism—the people vote for their leaders Separation of powers—three branches with defined powers Federalism—the national gov’t shares power with state gov’ts 21

Three Branches of Government

Federalism

Critical Thinking Question A: Large States vs. Small States

Inventing a Federal Republic James Madison presented the Virginia Plan: Bicameral legislature Larger states had more representatives Create a chief executive appointed by Congress 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 Small states objected to this large-state dominance The large states listened politely then overwhelmingly voted against it 21

Also known as the “Connecticut” Compromise” The 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 Victory for the small states Victory for large states Only the House of Reps could introduce tax bills 22

What did Congress look like after the Great Compromise?

Critical Thinking Question B: Southern Slave States vs 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?) The Three-Fifths Compromise settled the issue: Three-fifths of the slave population could be counted toward representation in the House of Representatives 22

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 23

The Last Details In 1787, a final draft included: Including ideas once considered tyrannical: Presidential power to appoint judges & presidential veto power over Congress In 1787, a final draft included: Electoral College to vote for the president to “filter the masses” 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

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

Federalism—state gov’ts & the national gov’t both have power The supremacy clause establishes the Constitution (not the states) as the "the supreme law of the land" 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 30

House of Representatives Senate 31

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 The president, or Chief Executive, is the head of the government. Americans vote every 4 years for their leader of their democratic society. After elected to serve his/her country, the president lives and works in the White House. The president is in charge of the (Commander and Chief) armed forces. The president works with leaders of other countries. 35

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 The Supreme Court is the highest court is the U. S., and is the system of courts to settle questions about the laws. The nine justices can serve for life, or wish to retire. Each justice is chosen by the president and approved by congress 38

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 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-Federalists Supported ratification of the Constitution Were well-organized & educated 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 Anti-Federalists argued for more protection of individual liberties “The Constitution is itself a Bill of Rights” 26

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 1st American Revolution… 1787 was the 2nd American Revolution 27

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