The Creation and Ratification of the Constitution

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 Essential
Question:
–In what ways did the Constitution
deviate from the gov’t under the
Articles of Confederation?
–What were the Federalist and
Anti-Federalist critiques
regarding the new Constitution?
 Reading
Quiz Ch 8A (p 238–246)
Constitutional Reform
Thus,
American
political
ideology
states created
weak
state governors
& a weakfrom
Articles
Confederation
changed
theofbeginning
of the
American
Revolution
to theoflate
The problem
is an excess
democracy not period:
an excess of tyranny
Confederation
–InShays’
the 1770s,
American
political
Rebellion
will help prove
this pointsaw
to the
Founding
leaders
tyranny
asFathers
the
greatest threat to the USA
–But…by the mid-1780s, they
saw ordinary citizens who lacked
virtue as the greatest threat
Congress did
not
Merchants
in MA hired
Constitutional
Reform
have the tax funds
their own mercenary
 Byan
1787,
fatal to
flaws
of uprising
the
to send
army themilitia
end the
Articles of Confed were exposed:
–Shays’ Rebellion broke out
among desperate MA farmers
who faced losing their farms or
being sent to debtor’s prison
–Congress
called
for a meeting
Shays’
Rebellion
gave nationalists
like in
In
Sept 1786,Madison,
James
Madison
ledthe
Washington,
Hamilton
Philadelphia
to discuss
revising
the
Annapolis
Convention
to
urgency
to
call
for
a
stronger
national
gov’t
the
Articles
&
strengthening
the
discuss improving American trade
national gov’t
The Constitutional
Convention in
Philadelphia, 1787
The Philadelphia Convention
 Shays
Rebellion led to increased
support for a stronger central
They did NOT
intendattendance
to
government
& more
at
replace the Articles
the Philadelphia Convention
 In May 1787, 55 delegates from
all states (except RI) met to
discuss revising the Articles of
Confederation, but it soon
became apparent that something
more serious was needed
The
Philadelphia
Is this
a governmentConvention
of the people? Convention
Philadelphia
delegates inTo
Philadelphia
madeall3
amend the Articles,
13 statesdecisions:
had to agree
important (& illegal)
–The Articles of Confederation
were to be completely replaced
–Nothing from the meeting was to
be printed or spoken to the public
–Every state got 1 vote but all
decisions needed a majority
vote (not 9 of 13 states) to pass
 The
Inventing a Federal Republic
 Delegates
incorporated 4 major
principles into this new gov’t:
–Limited gov’t—even though a
stronger gov’t was being created,
citizens’ liberty is protected
–Republicanism—the people
vote for their leaders
–Separation of powers—three
branches with defined powers
–Federalism—the national gov’t
shares power with state gov’ts
Three Branches of Government
Federalism
Inventing a Federal Republic
Madison  William Paterson
presented the
presented the
Virginia Plan: SmallNew
statesJersey
objectedPlan:
to
–Congress
given
–Bicameral
this large-state
dominance
power to tax
legislature
–Each state had
–Larger
states
The large
states
one vote in a
had more
listened
politely then
unicameral
representatives
overwhelmingly
legislature
voted against
it
–Create
a chief
–But Articles
executive
mostly
appointed by
untouched
Congress
 James
known
as the
TheAlso
Great
Compromise
“Connecticut” Compromise”
 Roger
Sherman helped resolve
Victory
for the small
the differences
between
the states
large
& small states
Victorybyforproposing
large states the
Great Compromise
Only the House of Reps
–Congresscould
would
be a bicameral
introduce
tax bills
legislature (House & Senate)
–Each state was given 2
delegates in the Senate
–House of Representatives was
determined by state population
What did
Congress look
like after the
Great
Compromise?
The 3/5 Compromise
 Problems
still remained between
the northern & southern states
regarding how to count population
size (do slaves count?)
 The Three-Fifths Compromise
settled the issue:
–Three-fifths of the slave
population could be counted
toward representation in the
House of Representatives
Compromising with Slavery
 Despite
the contradiction slavery
posed, Southerners threatened to
leave the USA anytime the slave
question was discussed
 As a compromise for the South,
the slave trade could continue to
1808 & runaway slaves returned
“Great as the evil is, a dismemberment
of the Union would be worse.”
—James Madison
The Last Details
Including
ideas
tyrannical:
 In 1787,
a once
finalconsidered
draft included:
Presidential power to appoint judges &
–Electoral
College
to
vote
for
the
presidential veto power over Congress
president to “filter the masses”
–System of checks & balances
among the 3 branches of gov’t
–President would serve for 4
years rather than for life
 Delegates decided against a
Bill of Rights because most state
constitutions already had them
FYI: Electoral Votes (2000 Census)
James Madison helped broker many
of the compromises that made the
Constitution possible & is referred to
as the “father of the Constitution”
Only Congress
can of
make
Key Ideas
thelaws,
Constitution
declare war, create taxes
The “elastic clause” gives
Congress implied powers
to make laws seen as
“necessary & proper”
The Senate ratifies
treaties & confirms
judicial appointments
Key Ideas of the Constitution
The president can only
recommend legislation to
Congress but can veto bills
The president oversees
the bureaucracy
Key Ideas of the Constitution
The only court mentioned
in the Constitution is the
Supreme Court
Federalism—state gov’ts &
the national gov’t both have power
The supremacy clause establishes the
Constitution (not the states) as the
"the supreme law of the land"
A state law cannot contradict a national law
The Struggle for
Ratification
The Struggle for Ratification
 The
delegates in Philadelphia
knew that ratification of the new
Constitution would not be easy:
–They had no authority to change
the Articles of Confederation
–They did not inform the public of
their ongoing decisions
–They fundamentally altered the
relationships between the states
& the central government
Federalists & Anti-Federalists
Federalists
Anti-Federalists
 Supported
 Against ratification
ratification of the
–Distrusted
of
a
Constitution
Authored
by that
Madison,
gov’t
 Were wellHamilton,
&
Jay
removed
power
Anti-Federalists
argued
organized &
from
the
hands
for
more
protection
of
educated
individual
liberties
of
the
people
 Used Federalist
–Claimed
the
new
Papers to argue “The
Constitution is
for ratification
itselfConstitution
a Bill of Rights”
favored the
 Had the support
upper class
of the media
Ratification of the Constitution
Adding the Bill of Rights
To win
ratification,
theRevolution…
Federalists
If1776
was the
1st American
1787
was the
2nd American
agreed
to add
a Bill ofRevolution
Rights
– With this protection of citizens’
liberty, all 13 states agreed to
ratify the Constitution
– Constitution became the official
the law of the land in 1789
 After bitter fight, most Americans
chose to support the Constitution
Discussion Question
 Which
of the following ideas was
most important to the framers of
the Constitution in 1787?
–Federalism
–Separation of powers?
–Checks and balances?
–Republican democracy?
–Gov’t limited by the people?
 Which is most important today?
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