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Constitutional Convention Unit Notes
Civics Textbook: “Government and Society”- Text p. 5
Cue Notes
four reasons why society needs a government
1. Law and Order
Government makes laws to protect citizens and punishes those who break the law. Examples: Police and courts enforce the laws. Without law and order a society could have anarchy (absence of government).
2. SecurityGovernment provides defense and protection to its citizens from foreign nations, other members of society, businesses, and from themselves. In return a citizen gives allegiance to their country.
Examples: Armed Forces, laws restricting what people or businesses can do.
3. Public Services
Government provides services that people can’t provide for themselves that help to make a society run more smoothly. Examples: Building roads, making sure our food and water are safe, trash collection, disaster relief.
4. Maintaining Other Institutions
Government helps to create and protect other areas of our society that are important to the citizens.
Examples: Protecting a citizen’s basic freedoms (freedom of speech and religion), providing health care, retirement payments (social security), public schools, national parks.
Civics Textbook: “Types of Government”- Text p. 7 and 17
Key Word Notes
Monarchy
Absolute
Constitutional
The power to govern is in the hands of a monarch (king, queen, emperor, sultan, czar). The power of government is inherited (passed down) through the members of one family. Usually rule for life.
The monarch has all the power to make laws and decisions. They stayin power because they have the support of other powerful families inthe country (nobles).
Example- Saudi Arabia
Monarch Laws(King, Queen, Emperor, Czar, Sultan)
The monarch is only a figurehead. Their position in the government is ceremonial. They have no real power. The power in government is held by an elected group of lawmakers. Example- Great Britain
Monarch Constitution Law Making Body Laws(Congress, Assembly, Parliament)
Civics Textbook: “Types of Government”- Text p. 7 and 17
Key Word Notes
Dictatorship
Autocracy
Oligarchy
The government is controlled by a ruler or a small group of people who have absolute power and unlimited authority. Many dictators come to power by way of a coup or a violent overthrow of the old government. They rule until they die, or are removed from power.
Dictatorship by one person.
Dictatorship by a small group. Many times Oligarchies will turn into autocracies.
Dictator
PoliceMilitary
Laws
GroupPolice
Military
Laws
Civics Textbook: “Types of Government”- Text p. 7 and 17
Key Word Notes
Democracy
Republic
Direct
The power of government is shared by all the people in a country. The power of government is transferred through an election process.
Representative (Republican) Democracy- Citizens of a country elect other citizens to act as their representative for a set number of years or term of office. Romans
Direct Democracy- Laws and decisions in a country are voted on directly by people. Ancient Greeks
Citizens Election Elected Representative Government Laws
Citizens Citizens Citizens
Strengths of the Articles of Confederation
What powers were given to Congress under the Articles of Confederation?
Was America’s first Constitution- help to keep the colonies loosely united
during the Revolutionary war.
1. Conduct Foreign Affairs- example: make treaties with other counties
2. Declare war and make peace- but so could the individual states.
3. Make and borrow money- states could make their own money too.
4. Control Western Territories- areas that had not become states yet
5. Control Indian Affairs
6. Run a postal service
Articles of Confederation, 1781
Articles of Confederation
What were the weaknesses of the Articles of Confederation?
• No executive branch, or judicial branch- No President, No Supreme Court
• Congress couldn’t
1. enforce laws
2. couldn’t collect taxes- only the states could
3. regulate interstate or foreign trade
4. establish any other federal(national) courts
5. amend(change) the Articles of Confederation.
Articles of Confederation
Shays’s Rebellion exposed the weaknesses of the Articles of Confederation.
Shays’s rebellion showed people that a stronger national government was
needed in case other uprisings happened in the future.
1786- Daniel Shays led some Massachusetts farmers in a revolt against the State’s government because of unfair taxation.
Daniel Shays grave marker inScottsburg, New York.
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Enlightenment Philosophers
- A philosopher is a person who seeks knowledge and
wisdom.
- Many of the Founding Fathers were heavily
influenced by the Enlightenment philosophers.
- Enlightenment Period , also called the Age of Reason,
occurred in Europe from 1660-1798.
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Social Contract
-Many Enlightenment Philosophers had a vision of an ideal society
where all the people made laws and decisions together.
-Citizens make a “contract” with each other, not with a
government(monarch), pledging to respect each other’s rights.
-All citizens agree to give up some of their personal choices to help meet
the needs of their community. Like paying taxes, agreeing to respect
and follow the laws, serving in the armed forces…
John Locke (1632-1704), British Philosopher
-Locke believed government is created by the people to serve and protect
their needs and rights.
-A government could exist only as long as the people agreed with it and
felt it was protecting their basic rights.
- If the people grew unhappy with their government because it was not
serving their needs, they had a right to overthrow the government and
replace it with a new one.
- Locke believed all people are born with natural rights (inalienable
rights) that can never be taken away by the government: Life, Liberty,
and Property
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Baron de Montesquieu (1689-1755), French Philosopher
- Montesquieu (Mon-Teh-Skew) felt the best way to guarantee that a
government does not take away the natural rights of its citizens is to
limit the power of government by dividing it into branches (parts or
sections).
- Government should have checks and balances. Each branch of
government can limit the power of the other branches.
Magna Carta (The Great Charter)- 1215
1. Took power away from the King John of England and gave it to the nobles/ barons.
2. Created Parliament- only for the nobility (aristocracy- rich powerful people).
3. Trial by jury, due process of law- King could not put someone in jail or executed them without a proper trial.
4. Eventually these rights would be given to all English citizens.
Magna Carta, 1215
English Bill of Rights- 1689King/ Government could not:
1. Set excessive bail
2. Punish someone who had been found not guilty in a trial
3. Punishment for criminals could not be cruel or unusual
4. Deny someone Habeas Corpus- tell an accused person
which law they had broken
5. Be put on trial in a reasonable time frame.
6. King could not pass new taxes without the consent of Parliament.
7. Applied to all the people in England not just the Nobility.
English Bill of Rights, 1689
Mayflower Compact- 1620
The Framers the Constitution (men who wrote the Constitution) looked at this
document as an example of where their ancestors had created their own plan of
government (constitution). The Pilgrims, based the Mayflower Compact on the ideas
direct democracy from the Greeks and majority rule.
Declaration of Independence
The Declaration of Independence was passed during the Second Continental
Congress. Thomas Jefferson was the main author. People are born with natural
rights (unalienable rights) that can’t be taken away by the government, all men are
created equal, and they have a right to life, liberty and the pursuit of happiness
(property). Many of these ideas find there way into the U.S. Constitution.
Thomas Jefferson
Constitutional Convention
After the Annapolis Convention, it became clear that changes had to be made to
the Articles of Confederation. Alexander Hamilton and several other delegates to
that convention called for a new convention in Philadelphia, PA. In May of 1787,
twelve states sent representatives/ delegates to the Constitutional Convention. At
first they only met to revise the Articles of Confederation. Soon the delegates
realized that a whole new constitution was needed to replace the Articles of
Confederation.
Alexander Hamilton
Painting of the Constitutional Convention
New Jersey and Virginia Plans
The New Jersey Plan or “small population states plan” called for a single house in Congress
and that each state have an equal number of votes. Proposed by William Patterson of NJ.
The Virginia Plan called for three branches of government (executive, judicial and
legislative). Each branch could check or limit the power of the other branches. The main
thing it asked for was a two-house Congress (bicameral). The number of representatives a
state sent to both the upper and lower house would be based on a state’s population. This
plan favored the states with larger populations. Proposed by James Madison and Edmund
Randolph of VA.
Madison Randolph
= VA Plan
Large States
Patterson
= NJ Plan
Small States
Great Compromise
Also called the Connecticut Plan. Proposed by Roger Sherman of Connecticut.
Each state would have an equal number of votes (2) in the Senate (Upper House). In
the House of Representatives (Lower House) representation for each state would be
based on population. Every 30,000 people would give a state one more
representatives. Create three branches of government- Congress, President and
Supreme Court
NJ Plan
VA Plan+
=Great Compromise
James Madison
Virginia delegate James Madison took notes of everything that was said at the
Convention. He also contributed many of the ideas that went in the
Constitution- VA plan. He wrote the final version of the Constitution. Because
of his work Madison is know as the “Father of the Constitution”. Many
years later he became the 4th President of the United States.
Important People at the CC
James Madison stood only 5’2’’ in height and only weighted 100 pounds. He was nick named the “100 Pound Giant” because of his large impact at the Constitutional Convention.
Ben Franklin
Franklin was already a famous person in the United States for his work in
science, philosophy and literature. During the Revolution he served as
ambassador to France. At the convention he was chose to be a member of the
Pennsylvania delegation. Throughout the convention he was able to act as a
peace keeper between different groups at the convention, and help to get the
large and small states to compromise on the issue of representation in
Congress (Great Compromise).
Important People at the CC
George Washington
Was chosen as a delegate to the convention from Virginia. Because of his service during the Revolutionary War he was made the President of the Convention. Washington acted as impartial leader of the convention and keep the meeting organized and moving forward.
Important People at the CC
George Washington's Legacy
Washington established several precedents (traditions) that
future Presidents would follow out of respect for Washington.
The actions Washington took are not listed in the Constitution as
powers given to the President.
1. Serving only two-terms (term 4 years) of office. 22nd
Amendment made this a permanent change after 1951.
2. Giving the state of the union address every year.
3. Created the cabinet. A group of advisors to the President.
4. When taking the oath of office- “so help me god”.
5. President being referred to as “Mr. President”.
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Federalists and Antifederalists
Federalist comes from the word federalism, which is a type of government where power isshard between the national/ federal government and state governments.
There was a fear that the new Constitution would take too much power away from the states. The Federalists (supporters of the Constitution) responded to this concern with the idea of Federalism. Powers would be shared between the states and the National(federal) government. Federalists liked the idea of a stronger national government. They had more support in the Northeast and in cities. Businessmen and merchants tended to support the Federalist.
Patrick Henry Thomas Jefferson
Washington John Adams
James Madison
Federalists
Federalists and Antifederalists
The Antifederalists (against ratifying the new constitution) thought the new
Constitution took too much power away from the states, there was no bill of rights
and they feared a strong President could become a king(executive branch), and the
Senate could become an elite ruling class. Antifederalists were more popular in the
Western and Southern states. Farmers and people in rural areas tended to favor the
Antifederalists.
Patrick Henry Thomas Jefferson
Madison was a Federalist, but he later joins the Antifederalists
James Madison
Antifederalists- Democratic Republicans
Federalist PapersFederalists James Madison, Alexander Hamilton and John Jay, wrote a series of
newspaper articles that answered many of the questions that people had about the
new Constitution. The Federalist Papers help to convince many people to support
ratifying the new Constitution.
James Madison
Bill of Rights- Amendments 1-10
Amendments 1-9 protect basic individual freedoms. The 10th Amendment deals with powers
between the states and federal government. For example, the 1st Amendment protects a
Citizen’s right to freedom of religion, speech, press, and to protests. Other amendments
protect the right to a fair trial.
How did the lack of a Bill of Rights endanger the Constitution?
The Antifederalist wanted a written guarantees that basic rights would be protected under the new constitution. Without a Bill of Rights many states would not ratify the Constitution. Both the Federalists and Antifederalistsagreed to adding a Bill of Rights being to the Constitution and as a result the Constitution was ratified on June 21, 1788.
This map shows where support for ratification of the Constitution was strong or weak.
To ratify the new Constitution, 9 states had to agree to it. On June 21, 1788, New Hampshire became the 9th state to accept the Constitution. This made the Constitution official throughout the United States.