Creation of the Constitution Unit 2 Creation of the Constitution

Essential Question How did the Framers create the Constitution?

Unit Overview Lesson 8:     What were the Articles of Confederation, and Why Did Some Founders Want to Change Them? Lesson 9:     How was the Philadelphia Convention Organized? Lesson 10:   Why Was Representation a Major Issue at the Philadelphia Convention? Lesson 11: What Questions Did the Framers Consider in Designing the Three Branches of the National Government?   Lesson 12:    How Did the Delegates Distribute Powers between National and State Governments? Lesson 13: What Was the Anti-Federalist Position in the Debate about Ratification?    Lesson 14:    What Was the Federalist Position in the Debate about Ratification?   

Unit 2 Purpose After independence, the colonists first form of government, the Articles of Confederation, proved inadequate. Fifty-five men, the Framers, met to create the US Constitution, during which they debated the most basic ideas about political life and government institutions. In this unit, you will learn why the Articles were replaced, why the Constitution was created as it was, and how the debates over ratification raised issues debated to this day.

Lesson 8: What were the Articles of Confederation, and Why Did Some Founders Want to Change Them?

Purpose This lesson examines the government formed by the Articles of Confederation. This document reflects the political realities and divisions among the states as well as the need for unity., Many Americans felt the US government under the Articles lacked sufficient authority to meet the nation’s needs.

Objectives Describe the Articles of Confederation. Explain why some thought the Articles were too weak. Evaluate, take, and defend positions on.. The strengths and weaknesses of the Articles The significance of the Northwest Ordinance American’s mistrust of a strong national government

Terms to Know Articles of Confederation Confederation Shays' Rebellion (1781-1789) The first constitution of the United States, created to form a perpetual union and a firm league of friendship among the thirteen original states. It was adopted by the Second Continental Congress on November 15, 1777, and sent to the states for ratification.   Confederation A form of political organization in which the sovereign states combine for certain specified purposes, such as mutual defense. Member states can leave a confederation at any time. The United States was a confederation from 1776 to 1789.   Shays' Rebellion An armed revolt by Massachusetts farmers seeking relief from debt and mortgage foreclosures. The rebellion fueled support for amending the Articles of Confederation.  

Why & How Were the Articles of Confederation Created? Americans realized that they would need some centralized leadership to address the following issues Manage relationships between states Resolve border disputes Conduct relations with rest of world Along with Declaration of Independence, Second Continental Congress creates the first US government, the Articles of Confederation (1776)

Problems with the “Articles” Fear of a Strong Central Gov’t To many, their state was their country. British government’s “abuse” of power could characterize a strong US government Study of history suggested that republican gov’t can only succeed in small communities Articles considered a “firm league of friendship” Most powers of government were given to states Ex) Congress could not collect taxes, could not regulate trade

Problems Continued… Fear that some states would dominate central government The following issues pitted states against each other Representation and voting in Congress Payment for war expenses Territorial claims in the West

The “Articles’” Achievements Secured recognition of American Independence Created executive departments and admiralty courts (developed into Cabinet & Federal Court System) Northwest Ordinance (1787) Created process for territory to become a state Prohibited slavery in new territory Guaranteed equality of new states

Weaknesses of Articles No power to tax Caused problems paying off war debts No power to force states to recognize agreements with foreign nations Damaged trade relations No power to make laws regulating trade among states No power to makes laws directly regulating behavior of citizens

Attempts to Solve Problems Amendments never passed since all 13 states needed to ratify Many leaders proposed a meeting, or convention, to discuss changes Delegates then met in Philadelphia to propose changes to the Articles

Shay’s Rebellion 100’s of farmers in MA gathered to prevent courts from selling their property Many ex-soldiers were not paid their wages, therefore falling into debt and losing their farms Shays and his men attempt to capture weapons arsenal Governor calls militia to put down rebellion Fears generated by this and similar conflicts convinced many that a stronger national government was needed

How was the Philadelphia Convention Organized? Lesson 9:      How was the Philadelphia Convention Organized?

Purpose This lesson describes the important people and their first steps at the Constitutional Convention in Philadelphia, 1787. The structure and rules set forth for debate played a major role by providing a framework for civil discourse. The Virginia Plan created the agenda for subsequent discussion & debate.

Objectives Describe the organizing phase of the convention. Explain the significance of rules and agendas for effective civil discussion. Evaluate, take, and defend positions on determining what interests should be represented in a constitutional convention the advantages and disadvantages of secrecy in governmental deliberations

Terms to Know civil discourse Constitutional Convention delegate Reasoned discussion as opposed to emotional display.   Constitutional Convention The meeting held in Philadelphia from May to September 1787 at which the US Constitution was written.   delegate (1) (noun) A person chosen to act for or represent others. (2) (verb) To entrust someone to represent your interests. federal system A form of government in which power is divided and shared between a central government and state and local governments. national government The organization having central political authority in a nation; the representative unit of political organization.   proportional representation In the context of American government, the electoral system in which the number of representatives for a state is based on the number of people living in the state. Proportional representation is used to determine the number of each state's representatives in the U.S. House of Representatives.

Those in Attendance of Philadelphia Convention 55 delegates from states (Framers) Ave. age 42, ¾ had served in Congress Most were prominent political leaders, very qualified George Washington Most respected Military Leader in nation James Madison Had greatest influence on organization of national gov’t Benjamin Franklin 81, poor heath, but internationally renown statesmen Alexander Hamilton Most prominent supporter of strong national gov’t

Who Did Not Attend? Thomas Jefferson John Adams Patrick Henry RI In Paris as US minister to France John Adams US ambassador to Great Britain Patrick Henry Refused to attend, suspicious of convention RI Opposed to stronger national gov’t

Convention Rules At least 7 states must be present each day While speaking, others had to listen Member could not speak more than 2x on same question Committees appointed as necessary Any decision subject to change until entire plan complete Convention’s proceedings kept secret

The Virginia Plan Many delegates wanted to completely scrap Articles, not just amend Madison proposes new, stronger government Two governments, national & state (Federal system) Three braches of national government Legislative – make laws (most powerful) Executive – enforce laws Judicial – interpret laws Legislature (congress) would have two branches House of Representatives – elected by the people Senate – Proposed by States, selected by the House

The Virginia Plan Continued Representation from each state in both houses based on population or amount contributed to federal treasury. Proportional representation means that states with a larger population have more representation Congress would have power to make laws that states were not able to make Ex) regulating trade between states

Why Was Representation a Major Issue at the Philadelphia Convention? Lesson 10:    Why Was Representation a Major Issue at the Philadelphia Convention?

Purpose This lesson examines: The debate over what, or who, the national government will represent. The Great Compromise, which dealt with the makeup of the House and Senate. How population would be counted for representation in the House. How new states might receive representation in Congress.

Objectives Explain the differences between the Virginia Plan and the New Jersey Plan and the importance of the Great Compromise. Explain how the Framers addressed regional issues with the 3/5ths compromise and the provision for periodic census of the population. Evaluate, take, and defend positions on why major issues debated at the Convention are still on the national agenda.

Terms to Know Great Compromise Three-Fifths Compromise A plan accepted at the Philadelphia Convention in 1787 that called for a Congress of two houses: in the upper house, or Senate, representation of the states would be equal, with each state having two senators; in the lower house, or House of Representatives, representation would be apportioned according to the population of each state, so that states with more people would have more representatives. Also called the Connecticut Compromise. Three-Fifths Compromise Article I, Section 2, Clause 3 of the U.S. Constitution, later eliminated by the Fourteenth Amendment. The clause provided that each slave should be counted as three–fifths of a person in determining the number of representatives a state might send to the House of Representatives. It also determined the amount of direct taxes Congress might levy on a state.

Disagreement Over Representation No disagreement over two-house Congress Proportional representation was the issue Madison – states should not be represented as states in national government. Instead, representatives should serve the people. Those who sought Equal representation thought national government derived from and represented the States, not the people. Big states favored Proportional rep, small states favored Equal rep.

The New Jersey Plan Similar to Articles of Confederation One house Congress, equal representation Most delegates were convinced that a unicameral Congress would not work, and NJ Plan voted down. However, many small state delegates refused to accept Virginia Plan due to their concerns over large states’ power under proportional representation. Disagreement over this issue almost ended the convention.

The Great Compromise Great/Connecticut Compromise’s provisions House of Representatives= Proportional Rep. Senate = Equal Rep. (2 per state – chosen by state legislature) Senate appeased small states, House appeased big states The compromise passed by 1 vote

The 3/5ths Compromise What did proportional representation mean? Southern states want slaves to count towards representation Northern states thought counting them would only benefit, and empower, slave owners If they are considered property, why should property be represented? The Compromise state’s population, in regards to apportioning representation, would be equal to free population plus 3/5ths slaves Slaves also counted as 3/5ths when computing taxes paid by each state to federal government

Representation of New States New states would have full representation in congress A census would be taken every 10 years to reapportion seats in the House based on the shift in America’s population.

Lesson 11: What Questions Did the Framers Consider in Designing the Three Branches of the National Government?