Unit 2 Creation of the Constitution

1. Unit 2 Creation of the Constitution

2. Essential Question • Why did the Framers create the Constitution?

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

4. Terms to Know • Articles of Confederation • (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.  

5. 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)

6. Problems with the “Articles” • Fear of a Strong Central Govt. • 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 government 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

7. 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

8. 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

9. 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

10. 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

11. 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

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

13. Terms to Know • Civil Discourse • 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.

14. 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 govt. • Benjamin Franklin • 81, poor heath, but internationally renown statesmen • Alexander Hamilton • Most prominent supporter of strong national gov’t

15. Who Did Not Attend? • Thomas Jefferson • In Paris as US minister to France • John Adams • US ambassador to Great Britain • Patrick Henry • Refused to attend, suspicious of convention / “I smell a rat!” • State of Rhode Island • Opposed to a stronger national government.

16. Convention Rules • At least 7 states had to be present each day • While speaking, others had to listen • Member could not speak more than 2x on same question • Committees appointed as necessary • The convention’s proceedings kept secret

17. 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

18. 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 • Example: regulating trade between states

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

20. 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.

21. Terms to Know • Great 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.

22. Disagreement Over Representation • No disagreement over a two-house Congress • Proportional representation was the issue • James 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.

23. 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.

24. 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

26. 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

27. 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.

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

29. Terms to Know • Deliberative Body • A legislative assembly that meets to debate issues.   • Electoral College • The group of presidential electors who cast the official votes for president and vice president after a presidential election. Each state has a number of electors equal to the total of its members in the Senate and House of Representatives. • Necessary and Proper Clause • Clause of the Constitution that gives Congress the power to make all laws that are "necessary and proper" to carry out the powers specifically delegated to it by the Constitution. It is also known as the "elastic clause" because of the vagueness of the phrase "necessary and proper."   • Separated Powers • The division of the powers of government among the different branches. Separating powers is a primary strategy of promoting constitutional or limited government by ensuring that no one individual or branch has excessive power that can be abused.   • Shared Powers • Legislative powers not completely separated between the branches of government.  

30. Balance of Power Among the Branches of Government • Framers believed an imbalance of power had existed between the British Crown and Parliament • Led to tyranny of British Crown • Many state government created weak executives, but that led to legislative corruption • Delegates needed to create system of balanced powers (checks & balances)

31. Legislative Power & Organization • Congress should be a deliberative body • Thorough debate, no hasty decisions • Bicameral legislature makes the passage of laws a bit difficult— DONE ON PURPOSE • Delegates felt power to make laws greatest power • Enumerated Powers are those specifically listed • Congress also granted powers deemed to be Necessary & Proper

32. Executive Powers & Organization • Executive needed “energy” to act quickly when necessary for • Common defense • Preserve public peace • International relations • Must be strong enough to check power of legislature, but can not endanger republic • Single chief executive needed, 4 year term • No limit set for reelection

33. Presidential Selection • Delegates reject idea of direct election • Citizens of a large country would “not know” best candidates • Other felt Indirect elections would be corrupt • Instead, Electoral College proposed • Organized every 4 years, then dissolved • Each state selects electors, the number based on total members in Congress • Electors voted for two people (at least one outside their home state) • Majority of votes wins presidency, 2nd place becomes VP • If tie, House of Reps selects with majority vote

34. Judicial Power & Organization • Judges chosen by President, confirmed by Senate • Supreme Court is head of judiciary • Judges independent of politics • Cannot be removed unless accused & convicted of high crimes

35. Division of Power • Veto • President can veto bill passed in Congress • Congress can override veto with 2/3 vote • Appointment • President nominates, Senate must approve • Treaties • President negotiates, Senate approves (2/3 vote) • War • President is commander in chief, Congress declares war & controls $$$ • Impeachment • Congress can remove executive or judicial branch members if they commit high crimes • Judicial Review • Judicial branch (eventually) can determine whether acts of Congress are Constitutional

36. Lesson 12:     How Did the Delegates Distribute Powers between National and State Governments?

37. Terms to Know • Ex Post Facto Law • A law that criminalizes an act that was not a crime when committed, that increases the penalty for a crime after it was committed, or that changes the rules of evidence to make conviction easier. Ex post facto laws are forbidden by Article I of the Constitution. • Bill of attainder • An act of the legislature that inflicts punishment on an individual or group without a judicial trial. • Secede • Formal withdrawal by a constituent member from an alliance, federation, or association. • Supremacy clause • Article VI, Section 2 of the Constitution, which states that the U.S. Constitution, laws passed by Congress, and treaties of the United States "shall be the supreme Law of the Land" and binding on the states. • Tariff • A tax on imported or exported goods. Also known as a duty.

38. National Government’s Powers • Powers to the National Govt. • Make or change state election laws • Call state militias into national service • Create new states • Guarantee each state a “republican form of government. • Protect states from invasion or domestic violence. • The Constitution& laws/treaties made by Congress are “supreme law of the land” (Supremacy Clause)

39. Limits on Power of National Gov’t • Provisions protecting individual rights • Cannot suspend habeas corpus • Cannot pass ex post facto laws or bills of attainder • Cannot suspend trial by jury in criminal cases • Cannot modify definition of treason • Protecting rights of public officials • Members of Congress cannot be arrested during session unless a major crime • No religious tests for public office • Impeachment clauses protect right to a fair trial • Government cannot take money from treasury without an appropriation law

40. Limits on Power of State Gov’ts • States cannot • Coin their own money • Pass laws that enable people to violate contracts • Make ex post facto laws or bills of attainder • Enter into foreign treaties or declare war • Tax imports or exports • Keep troops or ships of war in peace time • No discrimination against citizens of other states • Not return fugitives from other states

41. Slavery’s Affect on Distribution of National & State Powers • Many delegates were opposed to slavery, kept terms out of Constitution (but protected institution) • Southern states considered slaves property, and property issues should be state matters • NC, SC, and GA would create their own nation if the Constitution interfered with slavery • Northern delegates agree to put in “fugitive slave clause” and not to interfere with slave trade until 1808.

42. Issues Unaddressed • Citizenship • Voting Rights • Where national power ends & state power begins • “Necessary & Proper Clause” • State’s right to secede from the US

43. Lesson 13: What Was the Anti-Federalist Position in the Debate about Ratification?  

44. Terms to Know • Anti–Federalists • Opponents to ratification of the U.S. Constitution who believed that it gave excessive power to the federal government and failed to protect the rights and liberties of the people. • Bill of Rights • The first ten amendments to the U.S. Constitution. The Bill of Rights lists many basic rights that the federal government may not interfere with and must protect. Nearly all these rights are now also protected from violation by state governments. • Ratification • (1) Formal approval of some formal legal instrument such as a constitution or treaty. (2) In U.S. constitutional history, the approval of the U.S. Constitution in 1788 by the ratifying conventions held in each state, except for Rhode Island, which initially voted the Constitution down by popular referendum.

45. The Ratification Process • Ratifying conventions set up in each state • Sole purpose was to debate and approve/reject the Constitution • Delegates elected by popular vote • 9 States needed to ratify Constitution for it to go into effect • Provided an example of Social Contract Theory

46. Debating the Proposed Constitution • As soon as delegates released the proposal, opposition emerged. • Anti-Federalists published objections in newspapers and pamphlets • Oppositions believed in reasoned discourse to educate citizens • They drew on political philosophy ad history to make arguments. • Americans read and discussed the arguments in their homes, coffeehouses, taverns and public meetings across the nation.

47. Key Elements of Anti-Federalists’ Opposition • Representative Government could only work in small communities of people with similar beliefs • In large nations, government no longer reflects wishes of most citizens, resorting to force to maintain authority • National govt. will reduce the power & role of local government. • Small, agrarian communities are more likely to have civic virtue than large, diverse nations

49. Anti-Federalists’ Philosophy • Strong national government needed in large nations have always destroyed republics • Each branch had potential for tyranny • No adequate limit on Congress’ necessary & proper clause • President has unlimited power to grant pardons • National courts could destroy state judicial branches • The governemnt not truly representative as the House of Reps has only 65 members out of 3 million citizens.

50. Bill of Rights Debate • National government did not protect rights. • National governments power is so general and vague that it is essentially unlimited. • Nothing keeps government from violating all rights it does not explicitly protect. • State’s bill of rights does not protect against national government. • Bill of Rights would remind people of the principles of our political system.