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Road To The Constitution
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In May 1787, delegates from 12 of the 13 colonies met in Philadelphia to try to fix the problems of the new United States government. Rhode Island did not send delegates. This meeting, known as the Constitutional Convention, produced the United States Constitution, the document that has governed the United States for over 200 years. One particularly influential delegate at the Constitutional Convention was James Madison of Virginia. Before the convention, Madison spent a year thinking about how to create a new government. At the convention, he took detailed notes that would later become the best record of the proceedings. For his role, he became known as “the father of the Constitution.”
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Delegates wanted to maintain total secrecy.
Kept windows and doors shut. The beliefs of the delegates ranged from the near- monarchism of Hamilton to definite decentralized republicanism. Some people left when they saw the nationalist direction of the proceedings.
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The convention in Philadelphia had been empowered only to amend, or revise, the Articles of Confederation, not to replace them. However, two plans for a new national government emerged at the convention. The Virginia Plan Proposed a bicameral, or two-house, national legislature Each state would send representatives in proportion to the number of its citizens. The new legislature would have the power to tax; the right to regulate foreign and interstate commerce; to veto, or prohibit from becoming law, any act of a state legislature; and to use force against a state, should that state defy national authority. The New Jersey Plan Proposed a unicameral, or one-house, national legislature, and the creation of executive and judicial branches Each state would send the same number of representatives to the legislature. Congress would create the executive office. The new legislature would have the right to tax and to regulate foreign and interstate commerce.
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In the Great Compromise, aka the Connecticut Compromise, delegates agreed to create a legislative branch made up of two houses. One house, the Senate, would have the same number of representatives from each state. In the other house, the House of Representatives, representation would be based on state population. Another difficult issue was whether or not to include enslaved persons when determining a state’s population and therefore its representation. According to the Three-Fifths Compromise, three fifths of a state’s slave population would be counted when determining representation. After further debate, the convention approved the final draft of the United States Constitution on September 17, The strengths of the Constitution have helped it endure for more than 200 years.
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Northern States vs. Southern States
Southern states wanted slaves to be counted within the population for representation purposes only. Northern States wanted slaves to be counted within the population for taxation purposes only, not for representation.
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Three Fifths Compromise
3 of every 5 slaves living in the South would be counted toward both population and taxation.
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Working Toward the Final Agreement
The Madisonian Model Separation of Powers. The legislative, executive, and judicial powers to be independent of each other Checks and Balances. Government had considerably more power than under the Articles of Confederation. However, these men were distrustful of those who would hold this power and of the people who would select the governmental officials.
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Legislative - Congress “Makes the law”
Each of the two houses of Congress was granted different powers. Each was also designed with different methods of election and different term lengths, making the House more receptive to public opinion and the Senate more stable. Legislative - Congress “Makes the law” Each of the two houses of Congress was granted different powers. Each was also designed with different methods of election and different term lengths, making the House more receptive to public opinion and the Senate more stable. Judicial - The Courts “Interpret the law” The Constitution calls for one Supreme Court and several lesser courts, although the details of the federal court system were intentionally left vague. Supreme Court justices would be appointed for life by the President with the consent of the Senate.
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For the Constitution to become law, 9 out of the 13 states had to ratify, or approve, it. Special conventions called in each state would decide whether or not to ratify the Constitution. Those who favored the Constitution were called Federalists. The Federalists included many Nationalists, such as George Washington, James Madison, and Alexander Hamilton, who favored a strong national government. To make their case for the Constitution, the Federalists wrote a series of 85 essays, collectively known as The Federalist. One issue addressed in these essays was that one powerful faction, or group concerned only with its own interests, could not control the government under the Constitution.
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Those who opposed the Constitution were called anti-Federalists
Those who opposed the Constitution were called anti-Federalists. Anti-Federalists believed that the Federalists’ plan threatened state governments and the rights of individuals. The anti-Federalists included older revolutionary figures such as Patrick Henry, people in isolated areas who had less need for a strong national government, and some former Nationalists who wanted a national government but were unhappy with the Constitution. According to the anti-Federalists, a President would be too similar to a king, a figure whose control American patriots had fought to escape. Anti-Federalists also objected to the proposed federal court system. While the Federalists feared the people more than government, the anti-Federalists feared government more than the people.
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Why the Federalists Won
The Federalists had several advantages over the anti-Federalists. These included: (1) The Federalists drew on the widespread feeling that the Articles of Confederation had serious flaws. (2) The Federalists were a united, well-organized national group, while the anti-Federalists tended to consist of local politicians who did not coordinate their activities on a national level. (3) The Federalists had an actual document and plan which they could defend. The anti-Federalists had no constructive plan of their own to offer. (4) The Federalists had the support of George Washington, a respected Revolutionary War hero. Delaware, New Jersey, and Connecticut quickly ratified the Constitution. In June 1788, New Hampshire became the ninth and final state needed to ratify the Constitution.
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The March to the Finish The vote by the Virginia ratification convention was essential and somewhat close. The New York vote was even closer and put the Constitution “over the top.” At this point, North Carolina and Rhode Island had little choice but to join.
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Popular Sovereignty Definition – The belief that people can and should govern themselves; the people rule. Example – People can run for office, campaign for individuals who run, or protest decisions made by others. Rule is not passed down based on blood line, or military coup.
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Republicanism Definition – People vote for people to represent their views in government. (Representative Government) You can’t have the whole population vote on everything, so you vote on people who share similar beliefs and allow them to vote. Direct election of Senators and Representatives.
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Federalism Definition – Power is shared by the state and federal government. In our system, the national government does have ultimate authority, but states have a lot to say in what goes on as well. Powers for the national government = delegated powers, Powers for the state government = reserved powers, Powers shared between the national and the state are concurrent powers.
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Separation of Powers Definition – The Federal government is divided into 3 branches - Executive, Legislative, and Judicial. This system prevents any one branch from gaining too much power and turning the country towards tyranny. Remember Charles de Montesquieu!
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Checks and Balances Definition – Each of the 3 branches of government has a check on the other 2 branches. This balances power between the 3, ensuring that none of the branches seizes control. Example – Federal judges are nominated by the President, but have to be approved by Congress. Bills must be passed by both houses of the legislative branch, signed by the president, and can even be challenged in the courts.
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Limited Government Definition – Everybody has to follow the same laws, even members of the government. If a Representative committed a crime, he/she would face a trial just like everybody else.
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