Chapter Two
The Constitution
• QUIZ Reading CH 2
• 1. Name four problems with the A of C.
• 2. Explain Shay’s Rebellion and why it was
important.
• 3. What state did not send delegates to the
Constitutional Convention ?
• 4. Briefly describe the delegates who
attended.
• 5. Describe the Virginia Plan.
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• 6. Describe the New Jersey plan.
• 7. What were the names of the two
opposing forces in the ratification debate.
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SHAY’S REBELLION, 1786
• Were 3x as many prisoners for debt
than other crimes in Concord, MA In
Worchester Country it was 20x
• Most prisoners were small farmers.
• Daniel Shay, a former rev captain led
farmers to seize courthouses and stop
trials for debt-foreclosures.
• Neither National Guard nor state of MA
able to raise a militia to put down
rebellion
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• SIGNIFICANCE–Showed government (state or
national) could not protect its
citizens adequately from armed
rebellion OR provide for the public
welfare of its citizens
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Weaknesses of the Articles of
Confederation
• Could not levy taxes or regulate commerce
• Sovereignty, independence retained by
states
• One vote in Congress for each state
• Nine of thirteen votes in Congress required
for any measure
• Delegates to Congress picked, paid for by
state legislatures
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Weaknesses of the Articles of
Confederation
• Little money coined by Congress
• Army small and dependent on independent
state militias
• Territorial disputes between states led to
open hostilities
• No national judicial system
• All thirteen states’ consent necessary for
any amendments
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Gather to discuss changes
•
•
•
•
•
Distinguished gathering in 1787
All but RI send representatives
55 men attend
Ben Franklin oldest
Washington elected leader
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Early decisions
•
•
•
•
Washington chosen president
Chooses committee to set rules
No formal records kept
James Madison’s journal main source
of info
• Decide to discard Articles of Confed
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Compromises
• Va plan
• NJ Plan
• Connecticut Compromise
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Virginia Plan Larger States
•
•
•
•
Virginia Plan (James Madison)
Three branches of government.
Executive - carry out laws
Legislative - two houses - based on
population
• Judicial
• Appealed to larger states
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New Jersey Plan Smaller States
•
•
•
•
•
William Paterson
Three branches of government
Legislature - one house
Each state would have one vote
Equal power to large and small states
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Constitutional Compromise
• Roger Sherman - Connecticut
• proposed • House of Representatives
– based on population
• Senate
– equal representation
• Great Compromise
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3/5s Compromise
• Over slavery and representation
• Three-fifths Compromise
• every five slaves would count as three free
persons
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Southern States
• Population - largely African slaves
• wanted this segment to count toward
representation
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The Constitution and Slavery
• House of Representatives Apportionment:
3/5 Compromise
• Congress could not prohibit slave trade
before 1808
• Fugitive Slave Clause
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Trade Compromise
• Foreign trade and trade between
states regulated
• Could not tax exports
• Could not interfere w/slave trade till
1808
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Electoral College compromise
• Over electing the president
• Congress or people chose
president
• Electoral College - state
legislatures choose members of
electoral college to choose
president
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Federalists
• John Jay, Alexander Hamilton,
James Madison
• FEDERALISM – power is divided
between national and state
governments, with a strong central
government
• Federalists want a strong central
govt
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Federalist Papers 10 and 51
• Coalitions were more likely to be moderate
because they would represent a diversity of
interests
• Governments should be somewhat distant
from the passions of the people
• No bill of rights was necessary
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ANTI-FEDERALISTS
• WANTED MORE POWER GIVEN
TO THE STATES
• Feared a strong national
government would take away
individual rights
• Demanded a bill of rights
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The Antifederalist View
• Liberty could be secure only in small
republics
• Nation needed, at best, a loose
confederation of states with most of the
power wielded by the state legislatures
• If there was a strong national
government, there should be many
more restrictions on it
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Ratification
• Needed 9 of 13 state conventions
to become law
• NH became 9th state on June 21,
1788
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Map 2.2: Ratification of the Federal
Constitution by State Conventions, 17871790
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CONSTITUTION
• 3 main parts
• Preamble
• 7 Articles
• Amendments
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Checks & Balances in Government
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Key Principles of Government
• Founders did not intent to create a direct
democracy
• Popular rule only in House of
Representatives
• Separation of Powers: between branches
• Federalism: power divided between
national and state governments
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Suggestions for Constitutional Reform
• Reduce separation of powers to enhance
national leadership
• Make the system less democratic
• Questions to consider
– How well has it worked in history?
– How well has it worked in comparison with
other democratic nations?
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Three Categories of Powers
• Enumerated powers: given to national
government exclusively; include power to print
money, declare war, make treaties, conduct
foreign affairs
• Reserved powers: given to states
exclusively; include power to issue licenses and
to regulate commerce wholly within a state
• Concurrent powers: shared by both national
and state governments; include collecting taxes,
building roads, borrowing money, having courts
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