Unit 2

How did the Framers Create the Constitution?

Articles of Confederation were first attempt to

establish a national government Proved inadequate 1887 Fifty-five “Framers” met in Philadelphia

to draft the Constitution Understand why AofC was inadequate Why was the Constitution created the way it

was What issues were raised

Purpose

Lesson 8

What Were the Articles of Confederation, and Why Did Some Founders Want to Change Them?

Be able to describe the A of C Explain why some people thought the

government was not strong enough under them

Evaluate, take, and defend positions on the strength and weaknesses of the A of C, singificance of the NW Ordinance, and Americans’ mistrust of a strong national government

Purpose

Colonists wondered how to manage economic

and political relationships among states How would they settle disputes between

states Border disputes Who represents the colonies to the rest of the

world? Union or confederation: sovereign states

delegate power to a central government for specific purposes

Articles of Confederation

Fear of strong central government Most colonists identified with their state Saw the need for a central government to win

Revolutionary War Also saw that Britain’s strong central government

had deprived them of their rights Solution was a “firm league of friendship” No authority over any person in any state Congress could not tax states or individuals directly Could not regulate trade among various states

Problems the AofC addressed

Fear that some states would dominate others

in central government

Problems the AofC addressed

Problem Solution

• Voting

• War expenses (by population?)

• Territorial clams

• 1 vote per state, large majority wins

• Funds by improved land

• Some land ceded to central government

Won independence No executive or judicial branch but congress

had executive departments of finance, foreign relations, and military affairs – later cabinet departments

Could hear appeals from state courts Northwest ordinance of 1787 – north of Ohio,

east of Mississippi – later OH, MN, IL, WI, MI Laid out process by which territory becomes

state No slavery

Achievements of National Government under A of C

Congress had no power to tax – could only

request payment from states to support cost of central government

Congress could make agreements with foreign nations but had no power to enforce them

Could not regulate trade among states or other powers

Could not regulate behavior of citizens The Loyalists problem

Weaknesses

1786 – several hundred farmers in western

Mass gathered under Daniel Shays – The Regulators (wanted to regulate the power of the state gov.)

Farmers mad because they had never been paid for their service in War, lost homes and farms to creditors]

Tried to acquire arms from militia: failed Scared many people and illustrated the need

for a stronger central government.

Shays’ Rebellion

Lesson 9

How was the Philadelphia Convention Organized?

Understand that in Philadelphia, 1787, a group of

delegates began writing the Constitution Understand the Virginia Plan Describe the organizing phase of the Philadelphia

Convention Explain the significance of the rules and agenda for

effective civil discussion Evaluate, take, and defend positions on determining

what interests should be represented in a constitutional convention and the advantages/disadvantages of secrecy in governmental deliberations

There to amend the Articles of Confederation

Purpose

55 delegates : Now called the “Framers” of the

Constitution Appointed by their state legislatures Some states sent more than one, although each

state only got one vote on issues Average age: 42, 3/4ths Congressmen, Some

wealthy, but most were not 8 played particularly significant roles: GW, James

Madison, Benjamin Franklin, Alexander Hamilton, James Wilson, Gouverneur Morris, Edmund Randolph, Roger Sherman

Who was there?

Thomas Jefferson: US minister to France, in

Paris John Adams: US ambassador to Great Britain Patrick Henry (Revolutionary Leader): refused

to attend saying, “I smell a rat” Rhode Island refused to send a delegate: did

not want strong national government – thought it could exercise veto power

Notable Absences

What criteria would you use to select a group

of people to draft a constitution today?

How many people would you select?

What interests should be represented?

Any that should not be represented?

What do you Think?

After selecting GW president of convention,

delegates began making rules for meeting Delegates from at least 7 states had to be

present in order to do business If a delegate’s absence would leave a state

without representation, then he had to get permission to be absent

When rising to speak, a delegate had to address the president. Others could not pass notes, hold conversations, read a book, pamphlet, or paper

Rules for the Convention

Not allowed to speak more than twice on

same issue Committees could be appointed as necessary Any decision made by convention was subject

to reconsideration and change Conventions proceedings were to remain

secret

These rules established basis for civil discourse: a reasoned discussion in which every member has the opportunity to speak or question

Rules for Convention (continued)

Over 4 months these rules guided debate – 4

committees appointed to suggest critical solutions1. Problem of representation in Congress2. A Committee of Detail to write a draft of the

constitution3. Committee on Postponed Matters: how to elect

the national president4. Committee on Style to prepare the final

language

4 Committees

Opponents criticized the rule of secrecy Argued that secrecy alone was reason to

reject the Constitution: Isn’t it the public’s business?

Senate and House committees on military intelligence still held in secret

Deliberations of juries, the Supreme Court, federal courts of appeals – not ever open to public

Critical Thinking:Why the Secrecy?

What are advantages and disadvantages of

conducting some governmental matters in secret?

In what ways can secret proceedings protect or threaten individual rights?

What proceedings, if any, do you believe should be conducted in secret?

Critical Thinking:Why the Secrecy?

Many people believed the A of C should be

scrapped Madison had come up with a new plan – The

Virginia Plan Proposed a strong national government –

could make and enforce laws Each citizen would be governed by rules of

national and state government Both got authority from the people – What’s

that called again?

What was the Virginia Plan?

Federal system: 2 governments, state and national Recommended the following:

3 branches – legislative, executive, judicial 2 houses in legislative branch Proportional representation – House and Senate

representation based on population Could regulate trade Could strike down state laws that it considered to be

violation of national interest Congress had power to call forth armed forces if

necessary to enforce laws made by congress

What was the Virginia Plan?

Lesson 10

Why Was Representation A Major Issue at the Philadelphia Convention?

Understand the issue of representation at the

Philadelphia Convention – whom did the national government represent (state, people, both?)

Be able to explain the difference between the Virginia Plan and the New Jersey Plan

Importance of the Great Compromise Understand the Three-Fifths Compromise Evaluate, take and defend positions on why

major issues debated at the Philadelphia convention are still on the national agenda

Purpose

Federal system: 2 governments, state and national Recommended the following:

3 branches – legislative, executive, judicial 2 houses in legislative branch Proportional representation – House and Senate

representation based on population Could regulate trade Could strike down state laws that it considered to be

violation of national interest Congress had power to call forth armed forces if

necessary to enforce laws made by congress

Review: Virginia Plan

2 house system widely accepted It was the proportional representation that was

controversial Madison believed states should not be represented as

states but rather each representative should serve a district in the national government’

Other delegates believed that the national government derived from and represented the states, not the people]

Smaller states wanted equal representation: at least one house in legislature should be equal

New Jersey rep William Paterson asked for time from convention to draw up an alternative to Virginia Plan

Disagreements about Representation

Keep most of A of C ideas Executive Branch: made up of members of congress, Supreme court: appointed by the officials of

executive branch, could decide cases involving treaties, trade among the states or with other nations and collection of taxes

Only one house in congress with following powers: Could levy import duties and stamp tax, also had

power to collect taxes Regulated trade, internal and external Laws and treaties above state laws

New Jersey Plan

New Jersey Plan was voted for by only

Connecticut, Delaware, New Jersey, and Alexander Hamilton

Bicameral legislation still biggest issue Voted on bicameral and resulted in tie Convention looked to be becoming a complete

failure! Special committee made to develop a plan to

save the convention: 1 rep from each state

Failure

What should be done to satisfy all the

delegates from varying states? How should the legislature be made up?

Critical Thinking

Special committee came up with Great

Compromise 1. House of Representatives should be elected by

the people on basis of proportional representation 2. There should be equal representation of each

state in Senate, with each state getting 2 Senators 3. House of Reps makes bills for taxation and

government spending 4. Senate should be limited to accepting or rejecting

these bills Some delegates saw this as a step away from a

strong national government and gave states too many rights

Great Compromise

Read the paragraph on pg 76. Do you agree with Madison that the Great

Compromise was not a true compromise but a rejection of the principle of majority rule?

WDYT?

Lesson 12

How Did the Delegates Distribute Powers Between National and State

Governments?

Relationship between state and national government is

at the core of the first debates about our government Should be able to describe the major powers and limits

on the national government, powers that are specific to states, and prohibitions the Constitution placed on state governments

Issue of slavery, as well as other questions left unresolved in Philadelphia

Be able to evaluate, take, defend positions on how limited government in the US protects individual rights and promotes the common good

Purpose

Article I, Section 4: Congress can make or change

regulations regarding times, places, and manner of state elections

Article I, Section 8: Congress can call militia into national service to “execute laws of the Union”

Article IV Section 3: Congress can create new states

Article IV Section 4: national government has the authority to guarantee each state is a Republican form of Government

National Government over State

Government

Article IV, Section 4: Requires national

government to protect states from invasion or domestic violence

Article VI, Section 2: Supremacy Clause, any and all laws and treaties approved by Congress are supreme law of the land. State judges must follow Constitution and/or federal laws and treaties if there is a conflict with state laws

National Government over State

Government

National government cannot suspend the writ

of habeas corpus – unless in case of rebellion or invasion (Article I, Section 9)

National government cannot pass ex post facto laws or bills of attainder Ex post facto: changes legality of an act after it

has occurred Bills of attainder: declares a person guilty of a

crime and decrees punishment without trial

Limits on National Government

National government cannot suspend right to

trial by jury (Article III, Section 2) Constitution protects citizens from accusations

of treason with narrow definition, Congress cannot modify this definition (Article III, Section 3)

Others include: cannot impose religious tests, impeachment clause protects right to trial, cannot take money from treasury without appropriation laws nor can it grant titles of nobility

Limits on National Government

Article I, Section 10:

cannot coin money, cannot pass laws with allow violation of

contracts, no ex post facto or bills of attainder, cannot make treaties or declare war No nobility! No laying duties (taxes on imports/exports) Cannot keep troops or ships of war in time of

peace

Limits on State government

Article IV prohibits:

Unfairly discriminating against citizens from other states

Refusing to return fugitives from justice to the states from which they fled*

In what ways do these limitations on state and national governments protect individual rights and

promote common good?

Limits on State Governments

Many people thought it was purely a state

issue Also wanted southern states to sign off on

Constitution Article IV, Section 2: “Fugitive Slave Clause” Issues of commerce – southern states didn’t

want national government to pass tariffs to make it harder to import slaves

Article I, Section 8: national government would not interfere with the importation of slaves to the US earlier than 1808

Issue of Slavery

Questions on citizenship: left to each state, Were African Americans in the north citizens? Voting rights a state issue: usually had to own

land Could states secede?

Issues not addressed in Philadelphia

Lesson 13

What was the Anti-Federalist Position in the Debate about Ratification?

What is the process of ratification? Federalists – supported proposed Constitution Anti-Federalists – opponents of Constitution Be able to explain why the Anti-Federalists

opposed ratification Explain the role of Anti-Feds in proposing a bill

of rights Evaluate, take, defend a position on the

validity and relevance of Anti-Feds arguments

Purpose

Article VII: only 9 states needed to establish

Constitution between states

Would be voted on by the people of each state at special conventions, not in state legislatures

This plan is an example of Social Contract Theory

Ratification process:

After Philadelphia Convention, proposed

Constitution released to public – largely opposed in New York, Mass, Penn, and Virginia

Debate raged in form of pamphlets and publications

Most used pseudonyms so that their arguments would be read on merits rather than on the reputations of the authors

What would be different today if we were writing a Constitution? Where would it be debated? Would authors use Psuedonyms?

Debate over Constitution

Both sides believe in republicanism – power

with legislature Anti-Feds believed only small communities of

citizens with similar interests and beliefs could govern themselves – a large diverse state or nation cannot sustain a republic

A single government imposing uniform rule on diverse and varied community

Large distances keep constituents away from their elected officials

Civic virtue important

Key Anti-Federalist Opposition

Congress has ultimate authority over states –

state legislatures and individual liberties could be taken away

President has unlimited power to grant pardons

National courts more powerful than state/local courts – could destroy them

Specific Objections

Worried that system of checks and balances

could be used against peoples liberties Treaties made by president but ratified by

Senate – no connection to House which is only branch directly answerable to the people

Executive and legislative are more mixed than separated – could conspire against state and local governments

Believed too few representatives – soon an elite privileged group would dominate the national gov.

Specific Objections

Each state had a list of rights that the state

government could not infringe Philadelphia Convention had rejected a bill of

rights for Constitution Anti-Federalists rallied behind this in hopes to

defeat the Constitution

Bill of Rights

National government is too far removed from the

average citizen to adequately protect their individual rights

National governments power is too vague – could be limitless

Since rights are not explicitly protected – government is free to violate them

States have them – and they are weaker than the national government

Bill of rights is necessary to remind people of the principles of government – basically why it exists

Bill of Rights