History & Conflicts of the Constitution

Context After the Revolution: Most Americans thought of themselves as citizens of their state (not the U.S.) The focus was creating a very basic government – an alliance of the states

Articles of Confederation Approved in 1777 Established a limited national government Only national branch: Congress Most power was given to the states Focus was on state constitutions

Concerns with the Articles Wealthy worried the Articles gave too much power to ordinary citizens “We have…had too good an opinion of human nature in forming our confederation.” George Washington 2. Economic crisis led to infighting between states 3. Concerns about weak government

Shays’ Rebellion Farmers riot over taxes in Massachusetts Congress could only look on helplessly The national government was too weak Effects: Showed the national government needed to be stronger

Assembling the Convention May 1787 – Constitutional Convention 55 delegates from all states except Rhode Island Rhode Island – “Conspiracy to overthrow the established government” The delegates – mostly rich, all white men

Cover your notes! Discuss this question with your partner: Why did the Articles of Confederation fail? Give at least 2 reasons

Divisions at the Convention All agreed on one thing: Electing George Washington president But there were many divisions and disagreements Today we will examine 4 major conflicts in the making of the Constitution

Take a guess… Based on prior knowledge, what do you think will be the major conflicts and resolutions that the writers of the Constitution faced?

Conflict #1: Representation The issue: How should states be represented at the national level?

Virginia Plan This plan would do the following: Create a 2 house legislature Representatives would be based on a state’s population Large states stood to benefit from this plan

New Jersey Plan Called for a unicameral (1 house) legislature There would be an equal number of reps from each state This would benefit the small states

“The Great Compromise” Called for a two house legislature The Senate – equal representation (appealed to the small states) The House of Representatives – representation based on population (appealed to large states)

CONGRESS HOUSE OF REPRESENTATIVES (Representatives based on population) SENATE (2 per state)

Conflict #2: States’ Rights The issue: Would states or the federal government have the most power?

States’ Rights: Federalists vs. Anti-Federalists Federalists wanted to approve the Constitution, which gave the federal government more power Anti-Federalists wanted less federal power, more state power They opposed the Constitution Saw the President as too king-like

Federalists Win! Federalists win because: 1. Articles of Confederation had failed 2. They were united around one plan 3. They were well-organized 4. Had Washington’s support Federalism: You are citizens of both the US and Washington State

Conflict 3: Bill of Rights The issue: would the Constitution specifically list the rights of the people?

The Sides Federalists did not want a Bill of Rights included Anti-Federalists worried about the Constitution Wanted a Bill of Rights to protect the people

Compromise The sides compromised and promised to create a Bill of Rights after the Constitution was approved

Conflict 4: Slavery Two conflicts around slavery: Would the Constitution allow it? Would slaves count in determining a states’ population?

Would the Constitution allow slavery? Framers of the Constitution: 55 Delegates 25 owned slaves Others had previously owned slaves But some were opposed to slavery

The Sides Anti-Slavery Pro-Slavery Mr. Martin (of Maryland) said: “it is inconsistent with the principles of the revolution and dishonorable to the American character to have [slavery] in the Constitution.” Mr. Williamson (North Carolina) said: “The Southern states could not be members of the Union if the slave trade ended. It is wrong to force anything that is not absolutely necessary, and which any state must disagree to.” Sum up the anti-slavery argument in your notes Sum up the pro-slavery argument in your notes

Ben Franklin’s Position Benjamin Franklin (Pennsylvania) said: “I agree to this Constitution with all its faults because I think a general government is necessary for us. I doubt too whether in any other Convention we can create…a better Constitution. For when you assemble a number of men to have the advantage of their joint wisdom, you inevitably assemble with those men, all their prejudices, their passions, their errors of opinion, their local interests, and their selfish views.” How does Ben Franklin’s statement help us understand why slavery was allowed to continue under the Constitution?

Slavery & The Constitution Ultimately, slavery was allowed to continue under the Constitution The word “slave” does not appear

Slavery in the Constitution But slavery as an institution received important protections in the Constitution: It prohibited Congress from outlawing the Atlantic slave trade for 20 years Fugitive slave clause required the return of runaway slaves to their owners And one more compromise…

Second conflict around slavery: Would slaves count when the government was determining representation for each state?

Which states wanted slaves to count as whole people? A. Northern states B. Southern states C. Both sides D. Neither side

Result: 3/5 Compromise Southern states wanted slaves to count So they could have more representation Northern states didn’t want them to count The 3/5 Compromise: Slaves would count as 3/5 of a person

Exit Card Put away your notes On a scrap of paper, list the four major conflicts over the Constitution and how each was resolved