What were the problems of the Art of Confed?

What were the problems of the Art of Confed? No National Courts/Judicial System Couldn’t settle disputes between states. National Government was too weak Couldn’t collect taxes Couldn’t regulate trade No Executive Branch: More than just a king or president First meeting designed to amend/correct the Articles of Confederation

Drafting a New Constitution The Convention Meets May 25, 1787: convention gets underway with representatives of 12 of the 13 states Rhode Island, fearing weaker state powers, sent no delegation. Delegates worked to draft the framework for a new government. Meetings were held in strict secrecy without press or public. Framers of the Constitution 55 delegates, known as Framers of the Constitution One-third had served in the Continental Army. 8 had signed Declaration of Independence George Washington, president of convention James Madison a major influence Delegates gathered in Philadelphia to revise the Articles of Confederation, but ended up with an entirely new plan for government.

Rival Plans THE VIRGINIA PLAN Based on the ideas of James Madison, The Virginia Plan called for a central government divided into three branches—legislative, executive, judicial—each branch with power to check the others. Called for strong national government with power to make laws, LEVY TAXES, CONTROL INTERSTATE COMMERCE, OVERRIDE STATE LAWS Called for BICAMERAL LEGISLATURE WITH MEMBERSHIP BASED ON STATE’S POPULATION; lower house members elected directly by the people; upper house members selected by state legislatures

Rival Plans THE NEW JERSEY PLAN Delegates from small states concerned that VIRGINIA PLAN GAVE TOO MUCH POWER TO LARGE STATES The New Jersey Plan called for a STRONG CENTRAL GOVERNMENT made up of three branches, but was designed to stick closer to the Articles of Confederation. Called for UNICAMERAL LEGISLATURE EACH STATE WOULD HAVE ONE VOTE, with equal representation regardless of its population. Despite support from small states, the plan was ultimately rejected at the Convention.

Conflict and Compromise For weeks after the rejection of the New Jersey Plan, the Convention was deadlocked. Tempers flared, and at times it seemed the Convention would fall apart. In the end, a series of compromises saved the Convention. (THE CONNECTICUT PLAN (AKA: GREAT COMPROMISE). Elements of both plans Bicameral legislature: LOWER HOUSE NUMBER BASED ON STATE’S POPULATION, UPPER HOUSE WITH TWO MEMBERS EACH LOWER HOUSE ELECTED DIRECTLY BY THE PEOPLE; UPPER HOUSE SELECTED BY STATE LEGISLATURE. Also included a Chief Executive, called a president.

Conflict and Compromise For weeks after the rejection of the New Jersey Plan, the Convention was deadlocked. Tempers flared, and at times it seemed the Convention would fall apart. In the end, a series of compromises saved the Convention. Key points: whether slaves should be counted as part of state’s population; whether importing slaves continued Counting slaves would greatly increase population and power of southern states Three-Fifths Compromise: three-fifths of enslaved people would be counted to determine a state’s population. COMPROMISE ON SLAVE TRADE ALLOWED IT TO CONTINUE PROTECTED FOR THE NEXT 20 YEARS Compromise Over Slavery

FINAL FORM BICAMERAL LEGISLATURE: HOUSE OF REPRESENTATIVES AND SENATE SEPARATION OF POWERS: LEGISLATIVE, EXECUTIVE AND JUDICIAL BRANCHES (MAKE, ENFORCE, AND INTERPRET LAWS) INCLUDES CHECKS AND BALANCES ON ALL BRANCHES Did not include a Bill of Rights: Increased power of National Government threatened individual rights

Conflict and Compromise (cont’d.) Presidential Election Choices: President elected directly by the people; Or: Chosen others by the state/national legislatures COMPROMISE: STATE ELECTORS NUMBER OF STATE ELECTORS EQUAL TO NUMBER OF REPRESENTATIVES IN BOTH HOUSES OF CONGRESS; ELECTORS CHOSEN BY POPULAR VOTE If no candidate received majority vote, House of Representatives would choose president

Final Constitution Finalizing the Constitution Benjamin Franklin said document was as close to perfect as possible, to overlook parts they did not like and “act heartily and unanimously” in signing Constitution CONVENTION ADOPTED CONSTITUTION SEPTEMBER 17, 1787 Main Concern: WHEN GOVERNMENT POWER INCREASES, RIGHTS OF INDVIDUALS DECREASE Some refused to sign because it did not include a bill of rights.

Section 5 at a Glance Ratification and the Bill of Rights Ratification of the Constitution involved a heated debate between those who supported the Constitution and those who opposed it. Antifederalists opposed the Constitution because it lacked a bill of rights. The Federalist Papers outlined the key ideas of the Federalists, who supported the Constitution. The struggle for ratification took place in every state.

Antifederalists versus Federalists New national government would Greatly reduce powers of state legislatures Completely restructure Congress Framers outlined process for ratifying Constitution Voters in each state to elect representatives to state ratifying convention To become law, Constitution had to be ratified by 9 of 13 states Two factions Federalists supported Constitution Antifederalists opposed Constitution

AMENDING THE CONSTITUTION COPY THE CHART OUT OF THE BOOK, PAGE 80

BILL OF RIGHTS FIRST TEN AMENDMENTS FREEDOMS AND LEGAL RIGHTS FIRST AMENDMENT- RELIGION, SPEECH, PRESS, PEACEBLY (PEACEFULLY) ASSEMBLE, PETITION GOVERNMENT VOTING RIGHTS Groups gaining their rights: Race, Gender, Age Two factions Federalists supported Constitution Antifederalists opposed Constitution

OTHER IMPORTANT AMENDMENTS ABOLISHING (OUTLAWING) SLAVERY VOTING RIGHTS Groups gaining their rights: Race, Gender, Age SUSAN B. ANTHONY FOUGHT FOR WOMEN’S RIGHTS CIVIL RIGHTS MARTIN LUTHER KING FOUGHT TO BUILD ON THE 14TH AMENDMENT

Over what issues did Antifederalists and Federalists disagree? Contrasting Over what issues did Antifederalists and Federalists disagree? Answer(s): strength of federal government; restructuring of Congress; power of executive branch; necessity of bill of rights