The Arguments and Compromises at the Constitutional Convention The UNITED States of America is Born

Articles of Confederation The first form of government in America. States were supreme over the national government. There was a national Congress but it had no power.

Strengths est. a more permanent gov’t structure for the US declaring independence. each state maintained individual sovereignty and came together for common defence and protection of civil rights.

Weaknesses set up a simple government that was unicameral (one house) each state=1 vote, regardless of population Did e not create an executive branch of a judicial branch. Each year Congress chose a officer among members Congress did not have the power to tax and had to ask states to borrow money. Congress also could not regulate trade between the states and could not make the states obey the Articles of Confederation. Any changes to the Articles requires the approval of all 13 state (which proved to be impossible).

Shay’s Rebellion Farmers were angry over foreclosures and losing their farms. They attacked the federal arsenal. It took a few days to put down the rebellion. This showed how weak the Articles really were.

Compromises in Philadelphia The Constitutional Convention

Federalists They wanted a constitution with a strong national (federal) government. The Federalist Papers by James Madison supported their cause. John Adams and Alexander Hamilton

Anti-Federalists They wanted to keep the Articles of Confederation. They were worried about having a strong central government similar to a king. Patrick Henry, Samuel Adams, and James Monroe

Compromises

1. Bill of Rights The Anti-Federalists wanted a list of rights that the central government could never take away from them. They’re the first 10 amendments!

2. The Great Compromise Big states and small states fought over who would be represented in the legislative branch. They agreed to have a Senate (every state gets two) for the small states and a House for the big states (based on population).

3. The 3/5 Compromise 3/5 of slave populations could be counted towards representation in the House. This was demeaning but what’s worse is that it used slaves to keep them enslaved. “Great as the evil of slavery is…a dismemberment of the of the union would be worse.” -Madison

4. Other Slave Compromises Fugitive Slave Law- "the The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight." Open Slavery for 20 years- "No Person held to Service or Labour in one State, . . . , escaping into another, shall . . . be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due."

Jump ahead to the Constitution… The issues were addressed by our constitution. Congress was est. as a bicameral (two houses) with the Senate and House of Representatives. Three branches of gov’t were created: legislative, executive, and judicial. No leader, executive branch est. a president. Congress could tax and regulate trade. Est. rights specifically for the national gov’t and outlines rights for the state. Finally, there was a process to formally amend the Constitution.

Southern Concerns Commerce Clause: est. that the power to regulate foreign and interstate commerce would be a congressional power. Commerce Compromise: Congress was forbidden the power to tax the export from any state, and Congress would not be able to interfere with the slave trade for at least 20 years. Southern states were worried the north would only protect their commercial interests and also with slave trade. (i.e. higher taxes on tobacco)

Framing and Structure of the Constitution Principal of limited government: no gov’t is all-powerful and can only do those that the people have given power to do. THE PEOPLE are the sole source of the gov’t power and authority. The government is NOT above the law. Popular Sovereignty: the people are sovereign and have all the political power. The government only governs with the consent of the people. Rule of Law: the gov’t and its’ officers are subject to the law and are not above it Federalism: distributing power (national, state, local) The national government has certain powers, that states do not, such as national defence, the power to make money, and regulate trade. Likewise states have powers the federal gov’t does not and some powers are shared. Separation of power: 3 branches of gov’t have separate powers. The powers given to each are laid out in the Constitution. The branches are separate but equal and have a complex system of checks and balances to ensure power is not abused.

Restraining the New Government Separation of Powers Montesquieu! Checks and Balances

The Miracle of Amendments