1. Creation and Fight For the Constitution
Federalists vs. Anti-Federalists

2. The Real Revolution
The War itself was not the revolution. The revolution was the change in the idea of what made government legitimate and what the purpose of government was.
BEFORE
AFTER

3. Locke, Jefferson, and The Declaration of Independence
The Declaration of Independence is a lawyer’s brief. An argument about the legality of the separation from Great Britain
Last 1/3
Closing Statement
Jefferson wraps up the argument and issues his remedy
“IN every Stage of these Oppressions we have Petitioned for Redress in the most humble Terms: Our repeated Petitions have been answered only by repeated Injury.”
“WE, therefore, the Representatives of the UNITED STATES OF AMERICA, in GENERAL CONGRESS Assembled, appealing to the Supreme Judge of the World for the Rectitude of our Intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly Publish and Declare, That these United Colonies are, and of Right ought to be, FREE AND INDEPENDENT STATES; that they are absolved from all Allegiance to the British Crown, and that all political Connexion between them and the State of Great-Britain, is, and ought to be, totally dissolved; and that as FREE AND INDEPENDENT STATES, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which INDEPENDENT STATES may of Right do.”
First 1/3
The Opening Argument
Jefferson establishes the “Social Contract”
“are, endowed by their CREATOR, with certain unalienable rights…among those the right to life, liberty, pursuit of happiness” (natural law)
“ Governments are instituted among Men, deriving their just Powers from the Consent of the Governed” (legitimacy)
“that whenever any Form of Government becomes destructive of these Ends, it is the Right of the People to alter or to abolish it, and to institute new Government” (right to revolt)
Second 1/3
The Evidence
Jefferson shows how Britain violated the Social Contract
“HE has dissolved Representative Houses repeatedly, for opposing with manly Firmness his Invasions on the Rights of the People.”
“HE has made Judges dependent on his Will alone, for the Tenure of their Offices, and the Amount and Payment of their Salaries.”
“HE has kept among us, in Times of Peace, Standing Armies, without the Consent of our Legislatures.”
“FOR imposing Taxes on us without our Consent”
All in all 27 paragraphs of “evidence.” Instances where the British Government violates the social contract.

4. Articles of Confederation
Confederation: A government made up of independent bodies (states) where the power lies in those bodies, and not in the whole Reason: The unitary government of the British did not secure the liberty of the people, power must be put in smaller units to ensure liberty. Result?: An absolute cluster…. mess

5. Weaknesses of the Articles
Could not levy taxes
Could not regulate commerce
Each state got one vote regardless of population
Any measure had to be passed by 9 out of the 13 states
Congress coined very little money
Army was dependent on state militias
No way to solve territorial disputes
No national judicial system
To amend the Articles required unanimous consent of all 13 states

6. The Constitutional Convention
Important to recognize that not all founding fathers had the same view points.
Jeffersonians
Madisonians
Hamiltonians
Government needs to be strong enough to protect property
National government should be supreme
A nation of commerce and trade
Feared Rebellion
How do we do both?
Liberty best protected in small republics
States should hold most power
A nation of small farmers
Didn’t fear Rebellion

7. The Constitutional Convention
Key Question: “How do you create a government strong enough to protect people but not strong enough to endanger liberty?”

8. The Constitutional Convention
“Decisions are made by those who show up”
Jeffersonians
Madisonians
Hamiltonians

9. The Structure of the New Government
The Virginia Plan
Strong National Government Consisting of Three Branches
Legislative Branch (Making Laws)
Two Houses In the Legislature
Lower House would be directly elected by people, with states getting a number of representatives proportional to population
Upper House selected by state legislatures, with states getting a number of representatives proportional to population
Executive Branch (Enforce Laws)
Executive elected by the Legislative Branch
Judicial Branch (Interpret Laws)
Council Of Revision (Made up of Executive and Some Judiciary Members)
Power to Veto Laws

10. The Structure of the New Government
The New Jersey Plan
National Government Consisting of Three Branches
Legislative Branch (Making Laws)
The Houses would consist of an equal number of members per state
The issue wasn’t a “structural” one, but a political one. Most delegates agreed that the Virginia Plan made “sense” from a democratic stand point. What the delegates from the small states wondered was how they could sell it the idea. How can they get their citizens behind an idea that greatly weakened their power and influence from the Articles of Confederation?

11. The Structure of the New Government
The Connecticut Compromise
Legislative Branch
Would still be organized into two houses
The Lower House (House of Representatives)
Representation would be based on population of the state (Virginia)
Given the power to tax
Elected directly by the people
The Upper House (Senate)
Representation would be equal per state (New Jersey)
Given the power to confirm Presidential appointments
Elected by State Legislatures (later changed by 17th Amendment)

12. Constitutional Compromises

13. The Struggle for Ratification
After the Constitution was signed on September 17, 1787, the fight for Ratification began.
9 out of 13 states had to ratify the Constitution before it would go into effect.
Two factions (opposing groups) emerged:
Federalists who supported the Constitution (Hamilton)
Anti-Federalists who opposed to the Constitution (Jefferson)
These two groups argued for their position in newspapers, magazines, and pamphlets until the Constitution was ratified by the 9th and decisive state on June 21, 1788
1SS-E17. Describe the aspirations, ideals, and events that served as the foundation for the creation of a new national government, with emphasis on:
PO 4. Struggles over ratification of the Constitution and the creation of the Bill of Rights

14. The Struggle for Ratification
Federalists
Anti-Federalists
Supported removing some powers from the states and giving more power to the national government.
Wanted important political powers to remain with the states.
Wanted the legislative branch to have more power than an executive.
Favored dividing powers among different branches of government.
1SS-E17. Describe the aspirations, ideals, and events that served as the foundation for the creation of a new national government, with emphasis on:
PO 4. Struggles over ratification of the Constitution and the creation of the Bill of Rights
Proposed a single person to lead the executive branch.
Feared that a strong executive might become a king or tyrant.
Believed Constitution did not need a Bill of Rights
Wanted a Bill of Rights added to the Constitution

15. Anti-Federalists
Led by Thomas Jefferson and included farmers and small landowners who believed nation’s future rested on agriculture.
Arguments made by Anti-Federalists
The Constitutional Convention went beyond what they were charged to do. (illegal-Treason)
A strong national government would destroy states’ rights.
Resembled a monarchy with its concentration of power
Did not have a Bill of Rights
1SS-E17. Describe the aspirations, ideals, and events that served as the foundation for the creation of a new national government, with emphasis on:
PO 4. Struggles over ratification of the Constitution and the creation of the Bill of Rights

16. Federalists
Argued that the new nation needed an effective national government to handle the nation’s economy, establish its monetary system, promote justice, and protect individual liberty.
Took name “Federalists” show link to “Federalism”
Federalism: government power is distributed among the states, but the power of the central authority outweighs the authority of the states.
Included Alexander Hamilton, George Washington, Benjamin Franklin, and James Madison.
Wrote a series of letters/essays called the Federalist papers in support of the new constitution.
1SS-E17. Describe the aspirations, ideals, and events that served as the foundation for the creation of a new national government, with emphasis on:
PO 4. Struggles over ratification of the Constitution and the creation of the Bill of Rights

17. The Federalist Papers
Written by Alexander Hamilton, James Madison and John way under pen name Publius (Latin word for public).
A series of letters published in newspapers
Written for three reasons:
To influence the vote in favor of ratification
To explain the Constitution for future interpretation
Outlined how the Constitution should be set up
Included 85 letters published from October 1787 to April 1788 and later bound in book form.
1SS-E17. Describe the aspirations, ideals, and events that served as the foundation for the creation of a new national government, with emphasis on:
PO 4. Struggles over ratification of the Constitution and the creation of the Bill of Rights

18. Ratification
In the spirit of Compromise, the Federalists agreed to add a Bill of Rights which helped the document to be ratified.
Delaware was the first state to ratify the document on December 7, 1787.
New Hampshire was the 9th and decisive state.
North Carolina became the 12th state to ratify the Constitution whey they approved the document on November 21, Rhode Island was the last to ratify in 1790.
1SS-E17. Describe the aspirations, ideals, and events that served as the foundation for the creation of a new national government, with emphasis on:
PO 4. Struggles over ratification of the Constitution and the creation of the Bill of Rights

19. Key Elements of Constitution
Separation of Powers (Later Topic)
Federalism (Later Topic)
“Popular” Rule without being “Democratic”
“Madisonian” Principles
Rejection of Aristotle’s View that Government should instill virtue. A government that could do that would be too powerful
How to create a government run by people who follow their own self-interest?

20. “Undemocratic” Features
It was physically impossible to create a direct democracy in a nation of this size and the founders distrusted the masses due to their reliance on emotion rather than reasons

21. “Undemocratic Features”
State legislatures elect Senators
Electors (“Electoral College”) elect President
Two kinds of majorities
The people (The House of Reps)
The states (The Senate)
Judicial Branch and Judicial Review (Intent of Founders not clear)
Amendment Process