The Evolution of a Constitution

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The Evolution of a Constitution
• You will be able to list and explain
weaknesses of the articles of confederation.
• You will be able to identify the key
difference between the VA and NJ plans for
government.
• You will be able to explain and discuss the
debate between the Federalists and AntiFederalists.
John Locke
-Natural Rights
-Life
-Liberty
-Property
Political Philosophy
Of the Founders
Shay’s Rebellion
Weaknesses of the
Articles of
Confederation
Problem
1.
New laws needed Any law needed
to be passed by
would take much
9/13 states
time to get passed
2
Recent flaws or
Any changes to
govt. took approval weaknesses went
unchanged
of all 13 states
3
Congress did not The lack of revenue to
have power to tax pay for services, debts
and military
4
Congress could not Inability collect debts meant
deeper and deeper into debt,
collect on debts
especially to foreign
owned by states
countries
Weaknesses of the
Articles of
Confederation
5.
Problem
Congress could not Constant threat of wars
settle disputes
between states. No chance
between states
for a unified country
6
No chief executive Lack leadership to
such as a President bring unity or settle
disputes
7
Congress could not Enemies from abroad
made country vulnerable
draft men into
to attack
military service
8.
No national court State disputes went
system. States had unsettled. No appeals
their own
process
Debates During the
Constitutional Convention
Philadelphia, 1787
Purpose?
• Reform and Strengthen the Articles of
Confederation.
• They wanted to address the weaknesses of
the Articles
New Jersey Plan
• Small states took offense to VA Plan
• Worried about giving up all power to large
states.
• Only real difference???
– The legislative branch would be based on equal
representation.
Regulation of Trade
Key Question: Should Congress
have the power to regulate trade?
North
• Economy based
on manufacturing
and trade
• Low slave
population
North
• Commercial
Based economy
• Count on
Congress to
protect trade
interest
• Congress should
have power to
regulate trade
South
• Export economy
(tobacco)
• Feared Congress
would favor trade
over agriculture
• Feared a stop on
the slave trade
• States should
regulate trade
Resolution
• Congress
regulates trade
• Cannot tax
exports
• Cannot
interfere with
slave trade
for…
20 years
Slaves in the population
Key Question: Should slaves be
counted as a part of the
population when determining
representation in Congress?
North
• “Slaves are property”
• Slaves should not be counted
toward pop.
• Slaves should be
taxed
•Lose Key
seats in
Congress
South
• Economy based
on large scale
agriculture
• Large
population of
slaves
South
• “Slaves labor = to freeman’s
labor”
• Slaves should be counted
• Slaves should not be taxed
• Gain important seats in
Congress
Resolution
3/5 Compromise
• 5 slaves=3 people
counted
• Slaves can be taxed
• Slaves receive no
rights
•Census taken every
10 years
Ratification
Key Question: Should the
Constitution that was produced at the
Convention be ratified or approved by
the states?
Federalists
• Attended the
CC
•Hamilton and
Madison
Federalists
• Stressed
weaknesses of
Articles
• Necessity for
strong central
Government
Federalists
• System of Checks
and Balances and
separation of powers
will safeguard rights
• System of
Federalism
• Called for
ratification
Anti-Federalists
• Influential
state
delegates
•Lee and
Henry
•Also
called,
States
righters
Anti-Federalists
• Stressed a revision of
Articles
• Feared an abusive
central government
• Experiences under
English rule
Anti-Federalists
• Insisted on a
written guarantee
of rights
Resolution
• Federalists papers
urged ratification
•Delaware was first
to ratify
The Federalist Papers
• 85 total Federalist Papers
• Alexander Hamilton, John Jay, James
Madison were the authors
• Explained the Constitution
• Madison wrote 2 of the most famous: 10
and 51
• Federalist #10 – warming about factions
and strategies to deal with them
• Federalist # 51 – elaborates on checks and
balances as the solution to factions
Resolution
• Heated debates in
New York and
Virginia
• All states ratified
• Promised a
written guarantee
of rights
Federalism
 Powers of
government is
divided between
national, state, and
local governments
 Each level of
government has its
own powers
Federal
Local
State
What had to be added?
• A Bill of Rights
• WHY?
• Freedoms from the
central government
• What about state
governments? What
protection do we have
from them?
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