1. The Framing of the ConstitutionBy
Mr. Owens
Crash Course 8: The Constitution

2. Americans Create A Republic
1781: 13 states ratify the Articles of Confederation
Articles create a congress, where each state gets one vote
9 of 13 states had to agree to “national laws”

3. Problems w/ Articles of Confederation
1. Each state had equal vote regardless of pop.
2. No executive or judicial branch
3. Federal Gov. lacks power

4. Shays’ Rebellion
Farmers rebel because they can not afford to pay taxes.
The federal government can not raise money to put down the rebellion.
Led many to believe the new government was too weak so a new constitution was written.

5. Constitutional Convention Philadelphia, 1787
55 Delegates from all states except RI – all white, educated, relatively wealthy, males
George Washington chairperson, Benjamin Franklin (81) elder statesman
Missing: John Adams, Jefferson, Paine abroad, Samuel Adams & John Hancock not chosen.

6. Key Issues
Representation: Small States vs. Large States, Virginia Plan (Madison) favored large, New Jersey Plan (William Peterson) favored small
Great Compromise 2 Houses – Senate based on equality, House of Representatives based on population.
Slavery: 3/5th Compromise for taxes & representation, slave trade could not be abolished for 20 years (1808), fugitive slave clause
Trade: Commercial Compromise = Congress can regulate interstate & foreign commerce, banned taxes on exports & limit $10 tax on imported slaves
Executive: President term limited to 4 years fearing tyranny
Electoral College system: fearing too much democracy & “mob rule”
Powers debated: ultimately strong powers including veto

7. The Document Separation of Powers:
Federalism - powers divided between federal, state, local government (Montesquieu)
Checks and Balances (David Hume) branches of government check each other
Question of Sovereignty - State vs. National? - power to the people
Supreme law of the land - no state had power to defy Constitution
Expanded power - to tax, regulate commerce, control currency, pass laws

8. 2. Checks and Balances

9. Ratification & Bill of Rights
9 of 13 States needed to ratify in state conventions
Promised to add Bill of Rights and leadership of Washington, Madison, & John Marshall passage in VA, Hamilton in NY in 1788 (NC & RI after in 1789 &1790)
Bill of Rights: Anti-Federalists argued necessary to protect against tyranny, Federalists argued unnecessary since chosen by the people, and may limit rights but conceded for Ratification
Congress adopted Bill of Rights (First Ten Amendments) in 1789 led my James Madison (Speaker of the House), ratified by states by 1791