Chapter 5 Creating the Constitution

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Chapter 5
Creating the Constitution
SSUSH5: The student will explain specific
events and key ideas that brought about
the adoption and implementation of the
United States Constitution.
a. Explain how weaknesses in the Articles of
Confederation and Daniel Shays’ Rebellion led
to a call for a stronger central government.
Let’s Preview the Chapter…….
• With which statement do you most agree…
• A) A strong central government poses a
serious threat to personal liberties.
• B) A strong central government offers the best
protection for personal liberties.
• C) A strong central government is possible
only if personal liberties are sacrificed.
• D) A strong central government is not needed
to protect personal liberties.
Read the Witness History on page 133.
• What image does Daniel Webster use to
describe the Constitution’s importance as a
guide for the US government?
• A stormy sea, on which there seems to be no
orientation or direction.
Read the Witness History on page 133.
• Why do you suppose Presidents and other
speakers quoted Webster’s words?
• Possibly to stress the enduring nature of the
Constitution.
• To explain how it has given the nation
direction in difficult times.
Analyze the Visual on page 132.
• View the image of the Constitutional
Convention and examine the occasion.
• What does the image suggest about the
convention?
• It was a formal gathering at which many
delegates considered and debated ideas.
Chapter 5
• Section 1: A confederation of states
• Section 2: Drafting the Constitution
• Section 3: Ratifying the Constitution
• Pre-Read the Chapter Activity
Key Terms
• Republic
• Republicanism
• Unicameral
Legislature
• Bicameral
Legislature
• Articles of
Confederation
• Federal
• Land Ordinance of
1785
• Northwest
Ordinance of 1787
• Shay’s Rebellion
The Continental Congress
(#3)
The Continental Congress tried to draft a
constitution for the states as a whole. There was a
lot of argument over several basic questions:
Representation by population or by state?
Supreme Power: Can it be divided?
Western Lands…Who gets them?
Taxes and National Debt?
Colonies Become States
• British settlers in North America had founded
not one colony but 13 states.
• Each state had its own governor, council, and
state assembly.
• Naturally the people thought of their state as
the primary political unit.
• As colonies became states, they were wary of
allowing power to go to the federal
government.
The challenge was to develop a system of government that
balanced the interests of the several states with those of the
nation.
Eighteenth-century Americans believed that a democracy, or
government directly by the people, placed too much power in
the hands of the uneducated masses.
Most delegates to the Continental
Congress agreed that the new
Nation needed a republic form of
government, government in which
The citizens rule through their
elected representatives.
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State Constitutions
• As states created their own constitutions, they
often times shared certain points…
– They limited the powers of government.
– Guaranteed specific rights for citizens, including
freedom of speech, religion, and the press.
– Most emphasized liberty over equality, and all feared
a centralized government.
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State Constitutions
• As states created their own constitutions, they
often times differed certain points…
– Only had a very limited democracy by modern
standards.
– Granting voting rights to only white males. Property
ownership was a requirement for voting.
– Women were still denied the right to vote in certain
states except New Jersey (allowed for a short period
of time).
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Delegates of the Constitutional
Convention
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States reject executive power
• The patriots who exhibited more democratic
characteristics wanted to create state
governments with strong legislatures and
weak governors (or no governor at all).
• They wanted to seek more rights for the
people and preferred a unicameral
legislature, one with a single house, whose
members were elected by the people.
CONTINENTAL CONGRESS DEBATE
At the Continental Congress each state looked at
each other as
independent states.
As a result, they made
the decision to choose a
bicameral legislature
in order to balance the
power of the common
people with that of the
wealthy and well educated class.
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CONTINENTAL CONGRESS DEBATE
• The nation’s leaders could not agree over the issue of
representation. The differences between the states cause
problems in the new government because people could
not decide whether delegates to a new government
should represent a state’s population or each state should
send the same number of representatives.
• To keep fairness among the states, the size of the small
states (population had fewer citizens) would have equal
representation to a large states (which had high numbers
of citizens). For an example, Georgia had 23,375 citizens
and would have the same political power as Massachusetts
which had 235,308 citizens. Political power was equal
regardless of size and a single state could stall the
amendment process.
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A confederation alliance permitting states or nations
to act together on matters of mutual concerns;
which two levels of government share fundamental
powers.
Add to study guide:
The Articles of Confederation were written and signed
by delegates to the Continental Congress. The purpose
was to create a limited national government, to
create a set of laws to govern the United States, and
to leave most of the political power with the states.
– One government in which two levels of government
shared fundamental powers.
State governments were supreme in some matters, while
National governments were supreme in other matters.
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The Articles of Confederation structured a Congress whose
delegates were chosen by state legislatures, with no
President (executive branch) or national court system
(judicial branch).
The Congress was made up of the delegates from the states,
chosen by the state legislatures, this was done so that no
one person, such as a President, could have too much
power. (Add notes to study guide)
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Why did differences between the states cause
problems of representation in the new government?
• Problems of representation in the new
government was people could not
decide whether delegates to a new
government should represent a state’s
population or each state should send
the same number of representatives.
Articles of Confederation
First national body of laws adopted by the US
following its declaration of independence.
It proved ineffective because it did not give
enough power to the national government.
Articles of Confederation
• First national government
• Unicameral Congress
• One vote per state regardless of
size
Strengths:
• Had the power to make war,
negotiate treaties, request
troops and taxes from the
states (did not receive help),
settle arguments between
states, admit new states, and
borrow money.
Strengths of the Articles of Confederation
National government had the power to declare war, make
peace, and sign treaties (with at least two-thirds (9 of 13
states) of the states approval). It could borrow money, set
standards for coins and for weights and measures, establish
a postal service, and deal with Native American peoples.
Soldiers were paid an inflated $20.00 a month for their service
in the American Revolution
USA: Articles of Confederation, 25
1781
Articles of Confederation
Weaknesses:
• Lack of power to levy
taxes
• Raise an army
• Regulate trade
• All 13 States had to agree
to change anything
Weakness of the Articles of Confederation
It lacked the power to tax and each state had only one vote
(regardless of population) which could result in laws being
vetoed by a single state. There was no national unity (13
separate states).
Articles could be amended only if all states approved.
Congress could not regulate interstate or foreign trade.
The articles did not create an executive branch to enforce
laws and had no national court system to interpret the
meaning of laws or settle legal disputes.
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Experimenting with Confederation
• When coming up with a new government, the
people of the United States had many questions to
answer…
» Essential Question #2
• Explain the strengths and weaknesses of the
Articles of Confederation.
– (STRENGTHS) Had the power to make war, negotiate
treaties, request troops and taxes from the states (did
not receive help), settle arguments between states,
admit new states, and borrow money
– (WEAKNESSES) Lack of power to levy taxes, Raise an
army, Regulate trade, All 13 States had to agree to
change anything
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FROM THE TIME OF THE DECLARATION OF INDEPENDENCE
UNTIL THE RATIFICATION OF THE CONSTITUTION, THE
UNITED STATES FUNCTIONED WITHOUT A PRESIDENT.
George Washington was
Commander in Chief of the
Continental Army during the
American Revolution and first
President of the United States (178997)
WESTERN LANDS
Land ordinance of 1785 established a plan for
dispensing or distributing, (surveying) the public
lands .
By running a grid of lines north to south and
east to west, federal surveyors divided the land
into hundreds of townships, each six square
miles. Once the land was surveyed it would be
divided among families in small parcels.
Each township was then subdivided in 36
“sections” of one square mile (640 acres) to be
sold for at least one dollar per acre. This would
allow for not only the rich to purchase land but
poor families.
Once the land was surveyed it would be divided
among families in small parcels. This would allow for
not only the rich to purchase land but poor families.
Northwest Territory
The area lying north of the Ohio River and east
of the Mississippi River.
Northwest Ordinance
Law that divided
the area north of
the Ohio River into
three to five smaller
territories and
established guidelines
for the admission of
new states (settlement
in the region).
An accomplishment of the Northwest Ordinance of 1787 was to
establish requirements for admitting new states to the union:
1. Congress would appoint a territorial
governor and judges.
2. When a territory had 5,000 voting residents,
it could write a constitution and elect their
own government.
3. When the population reached 60,000, it
could apply to be a state.
These laws were the confederation’s greatest
achievements and established a blueprint for
future growth of the nation.
Plans for settling and governing
America under the Articles
• Financial chaos
• Unpaid army threatened to
mutiny
• Land Ordinance of 1785 were
passed to provide for settling
the land north of the Ohio
River—distributed public lands.
• Northwest Ordinance of 1787
outlawed slavery in land settled
north of the Ohio River and gave
those settlers a Bill of Rights—
provided a government for the
lands.
Political problems with the Articles
POLITICAL ISSUES
• National Unity
– Each state functioned independently by pursuing
its own interests rather than those of the nation
as a whole. The population of states was not
properly represented.
• AMENDING THE ARTICLES
 Each state must agree to change the articles,
one single state could stall the amending process,
which resulted in changes in government being
difficult to achieve.
Economic problems with the Articles
 Huge debt that Congress has amassed during the
Revolutionary War ($190 million) in which the
Continental Congress had to borrow from foreign
countries. After the war, the Continental money
was worthless.
Unable to impose tax and regulate
interstate or foreign trade.
FOREIGN ISSUES UNDER THE
ARTICLES OF CONFEDERATION
The United States could not pay its debts to the British (war debt).
The United States not able to compensate loyalists for property loss
suffered during the American Revolution. As a result, Great Britain
refused to evacuate their military forts on the Great Lakes.
Spain presence on the borders of the United States posed another
threat to westward expansion. Spain also closed its waters on the
Mississippi.
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DISCOURAGED CENTRALIZED AUTHORITY
The states felt that a centralized authority would
diminish their own independence. They may have
remembered the failure to the English Commonwealth
under Cromwell. They also feared the kingly power if
they decided on a strong central government.
Shays rebellion
»Daniel Shays was angry: after having fought at
Bunker Hill and Saratoga, Shays returned to his
farm. He was in debt, and faced prison. He felt
he was the victim of too much taxation.
• Fall and Summer of 1786: Shays leads an army of farmers to close
the courts. Shays Rebellion was a protest by farmers who
faced problems from debts they owed to creditors. Daniel
Shays protest of the Massachusetts taxes included 1,200
farmers attempting to raid an arsenal which resulted in 4
deaths by the state militia.
• This rebellion made people talk about the need for a
stronger national government.
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Shays cont’d
• In 1787 Shays leads his army to Springfield, Massachusetts, to raid
the arsenal.
• Massachusetts calls out the state militia, which kill four rebels and
scatters the rest.
• Clearly, if this many farmers were willing to rebel, something was
wrong.
• Shay’s rebellion made states decide to participate in the
Philadelphia convention because some states had already feared
uprising in their state. Shay’s rebellion showed the weaknesses
of the national government in dealing with economic problems.
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Shays’ Rebellion (1786)
Essential Question #3
Explain the build up to and significance
of Shays Rebellion.
Desperate farmers from Massachusetts
angry over property taxes. Led by
Revolutionary War hero, Daniel Shays.
Revolt finally put down by a private army
funded by citizens from Boston. Pointed
out just how weak the national government
was under the Articles.
Essential Question #4
Why did the nation’s leaders decide to meet to reexamine
the Articles of Confederation?
• A convention was called for the summer of 1787 to revise the Articles
due the Shays Rebellion showing the lack of the federal government’s
power within the states.
http://www.history.com/videos/10-days-shays-rebellion-americas-first-civil-war
Questions for Review
1. What is a unicameral legislature?
a. a lawmaking body with a single house of elected
representatives
b. a lawmaking body with two houses of elected
representatives
c. an executive committee that preserves Britain’s political
traditions
d. an executive committee that shares power with state
governments a. a lawmaking body with a single house of elected
representatives
2. Under the Articles of Confederation, who chose the federal
government’s congress of delegates?
a. the president
c. state governors
b. the people
d. state legislatures
d. state legislatures
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3. Under the Articles of Confederation, small states like Rhode Island, wielded
as much power as large states such as Virginia, because
a. each state had one vote in Congress.
b. there was no executive branch of government.
c. representation was determined by a state’s population.
d. the legislature had no lawmaking power.
a. each state had one vote in Congress.
4. Which of the following provided a plan for governing western lands?
a. Continental Congress
c. Land Ordinance of 1785
b. Articles of Confederation
d. Northwest Ordinance of 1787
d. Northwest Ordinance of 1787
5. The delegates at the Constitutional Convention met to
a. write a new Constitution.
b. dismantle the national government.
c. put down Shays’ rebellion.
d. revise the Articles of Confederation.
d. revise the Articles of Confederation.
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6. Most state constitutions guaranteed
a. the tyranny of the majority.
b. universal suffrage.
c. freedom of religion.
d. the dominance of a state church.
c. freedom of religion.
7. What type of government did the Articles of Confederation
create?
a. a strong, centralized government
b. an alliance of weak and dependent states
c. a loose confederation of strong state governments
d. a federal system with a bicameral legislature and a
president
c. a loose confederation of strong state governments
8. What event caused the delegates to seek a strong central
government?
a. American Revolutionary War
c. Shays Rebellion
b. Whiskey Rebellion
d. Bill of Rights
c. Shays Rebellion
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SSUSH5 The student will explain specific events and key
ideas that brought about the adoption and
implementation of the United States Constitution.
c. Explain the key features of the Constitution,
specifically the Great Compromise, separation
of powers, limited government, and the issue
of slavery.
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Nationalists Strengthen
the Government
• Shays’ rebellion caused panic and dismay
throughout the nation because every state
had farmers in debt.
• It became clear that it was time to talk about a
stronger central government
• George Washington addresses the issue…
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Key Terms
•
•
•
•
•
•
•
•
•
James Madison
William Patterson
Roger Sherman
Great Compromise
Federalism
Three-Fifths Compromise
Legislative Branch
Executive Branch
Judicial Branch
•
•
•
•
•
•
•
•
Popular Sovereignty
Separation of Powers
Limited Government
House of
Representatives
Senate
Supreme Court
Checks and balances
Electoral college
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Constitutional Convention
In 1787, a delegation met in Philadelphia to revise the Articles of
Confederation. Shays’ Rebellion revealed the weakness of
the national government under the Articles of Confederation
in its lack to stop states from rebelling. The Articles of
Confederation were flawed and needed major changes. The
delegates’ purpose was to make changes to the Articles of
Confederation.
All the delegates in attendance
(only Rhode Island did not send
representatives).
Call for Convention
• One of the nation’s biggest problems was
trade between the states.
– Issues with taxes and navigation rights
• In September 1786, James Madison of
Virginia and Alexander Hamilton called a
meeting to discuss issues of interstate
trade
• Only 5 states sent representatives to the
convention held in Annapolis, Maryland
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Constitutional Convention
Philadelphia, 1787
• 55 delegates including all
the important people
show up: Madison,
Franklin, Hamilton all
show up
• Washington elected to
serve as the presiding
officer over the
convention.
• They decided the Articles
should get tossed and a
whole new plan of
government created.
WASHINGTON—BORN TO LEAD *Constitutional Convention*
George Washington’s role in calling the convention was to
speak out against the rebellion and call for a
change of government. His leadership in
the American Revolution was very convincing
to others in need of a strong support for a
strong central government.
George Washington was selected president
of the convention because he became a great leader during
the time of turmoil when the country had no official leader.
His courage, dedication, bravery, and intelligence of the
victory in the American Revolution.
Big States vs. Small States
–Big states: wanted congress to be composed of
two houses and delegates should be assigned
according to population (favored representation
of each state based on population).
• Small states: wanted a congress of
one house because each state should
be preserved and each state should
have one vote (favored equal representation
of each state).
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James Madison’s
Virginia Plan
James Madison— the Father of our
Constitution, Madison dedicated
himself to recording notes and
speeches in the Philadelphia
conventions. His political leadership
during the time of need allowed him to obtain the
title (Father of the Constitution). Madison also
proposed the Virginia plan.
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Virginia Plan
Madison’s Virginia plan— It divided power among the three
branches (Legislative, Executive, and Judicial) and proposed
a bicameral, or two-house, legislature, with membership
based on each state’s population (meaning states
with larger population would have more seats than states
with fewer residents). Voters would elect members of the
lower house, who would then elect members of the upper
house. This gave more power to states with large
populations. The legislature would have the power to veto
state laws. A strong President would head the executive
branch.
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New Jersey Plan
• William Patterson’s New Jersey plan— proposed a
unicameral or single-house legislature, in which each state
had an equal representation (voice). This gained support
of the small states and recognized states’ sovereignty. An
executive committee would head the government, not a
President.
There is a deadlock in
congress, with neither state
willing to budge…
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The Great Compromise
• Roger Sherman of Connecticut (a political leader,
successful merchant who studied law and became
politically involved in the convention; he also helped
draft the Declaration of Independence) suggested the
Great Compromise which resolved the issue of state
representation in the national legislature.
• This offered a two-house legislature
to satisfy both small and large states
• Each state has equal representation
in the Senate population would
determine representation in the
House of Representatives.
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The Great Compromise
Most state plans were named after the state the
delegate represented so the Great Compromise
was also called the “Connecticut Compromise”.
It combined the New Jersey’s Plan’s proposal of
equal representation for all states with the
Virginia Plan’s proposal of a
bicameral legislature by making
the members of the Senate
equal in number for each state
and the members of the House
of Representative dependent on
population.
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Great Compromise settled Political Representation
Great Compromise each state would have equal
representation in the Senate, or upper house. The size of the
population of each state would determine its representation
in the House of Representatives, or lower house. Voters of
each state would choose members of the House. State
legislatures (House Representatives) would choose members
in the Senate.
TODAY
• SENATE: 2 SENATORS FROM EACH STATE
• HOUSE OF REPRESENTATIVES: BASED ON POPULATION
Sherman’s Compromise was a Success
Sherman’s plan pleased both those who favored government
by the people and those who defended states rights insofar
as it preserved the power of state legislatures (resolved
issues with large and small states).
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Is Representation Successful?
• Sherman’s Great Compromise was a failure due to
failing to resolve conflict on Slavery because the
population based on representation raised the
question of whether slaves should be counted as
people.
• Explain the debate regarding the representation in
Congress. There was still the issue of slaves when
it came to population. Most southern states raised
the question on whether slaves should be counted
as people toward population, in order to get more
representatives from their state.
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What about the issue of slavery?
• A fundamental economic and social division began
to erupt over the issue of slavery.
• Southern, agriculturally based states relied heavily
on slavery and slaves constituted a significant
portion of their populations.
• Northern states opposed counting slaves for
representation in government because they were
not citizens and their population could easily be
increased, tipping control of the federal legislature
to the southern states.
Three-Fifths (3/5) Compromise— called for 3/5 of a
state's slaves could be counted as population within
that state’s representing body. The increase in
population resulted in additional seats in Congress
and additional electoral votes. Northerners
disagreed due to having less slaves resulting in less
representation in the house. Southerners agreed
due to having more slaves resulting in more
representation in the house and more power in
presidential elections. 3/5
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Experimenting with Confederation
• When coming up with a new government, the
people of the United States had many
questions to answer…
• What was the relationship of the federal
government and the state governments?
• This introduced the concept of federalism
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Creating a New Government
• After Slavery and Representation, delegates set their eyes
on how to divide power between the states and the
national government
• A new system, federalism, was introduced
• Federalism—Power should be divided between the
state and national government. The national
government is separated by the three branches of
government. The Constitution divided the national
government into these three branches called the
Legislative, Executive, and Judicial.
• Some powers are shared, others are specifically
delegated to the state or federal government
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National government vs. State governments
The national government has the power to control
foreign affairs, provide national defense, regulate
trade between states, and coin money. The state
governments have the power to provide and
supervise education, establish marriage laws, and
regulate trade within the state.
Limited Government
The new system of government was a form of federalism
which divides the powers of government between the
national government and state government.
Powers granted to the national government by the
constitution are known as delegated powers or enumerated
powers.
Powers kept by the states are called reserved powers.
Both levels of government share such powers called
concurrent powers such as the right to tax, to borrow
money, to pay debt, and establish courts.
New System of National Government
The delegates agreed to adopt a system that divided power
between the federal government and state governments;
the federal government would have three branches:
Legislative, Executive, and Judicial.
The Legislative branch would be bicameral, with one house’s
representation based on a state’s population and the other
house’s representation equal for all states.
A strong President would head the Executive branch.
Federal courts would make up the Judicial branch.
Separation of Powers
• The delegates created three branches
– Legislative branch to makes laws and changes to
existing laws based on the Constitution and the Bill of
Rights (House of Representatives & Senate).
– Executive to carry out/enforce laws (President, Vice
President, and Cabinet).
– Judicial to study--interpret/reviews laws (U.S. Supreme
Court).
• Established a system of checks and balances.
• Also established the electoral college, a group of
electors to cast votes for the candidates
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Leaders of the Branches of Government
Legislative Branch
Austin Scott—3rd District
(Rep-House of Representative)
Johnny Isakson—Senator
(Republican)
Saxby Chambliss—Senator
(Republican)
Leaders of the Branches of Government
Executive Branch
PRESIDENT
BARACK OBAMA
CABINET
V-PRESIDENT
JOE BIDEN
Leaders of the Branches of Government
Judicial Branch
US Supreme Court Justices
Checks and Balances
The system preserves the power
of government by ensuring that
no branch becomes powerful
enough to diminish the power of
another branch.
This maintained separation of
power among the branches of
the federal government is called
checks and balances—provided
to prevent one branch from
dominating the others.
President EXECUTIVE BRANCH
CAN VETO CONGRESSIONAL BILLS.
LEGISLATIVE BRANCH CAN
OVERRIDE PRESIDENTIAL VETO
BY 2/3 VOTE APPROVAL.
JUDICIAL BRANCH CAN DECLARE
CONGRESS LAWS AND
PRESIDENTIAL ACTIONS
UNCONSTITUTIONAL.
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Distrusted of the people to elect the President
The framers did not trust the uneducated masses to elect a
President because many educated leaders felt the masses
would not be informed of presidential duties to help benefit
them in the long run.
Electoral College—Who represents it?
The leaders of the constitutional convention feared placing
to much power in the hands of the people. The delegates
came up with the Electoral College. This would be a group
of delegates chosen by a state to vote for the President and
Vice President (would cast ballots for the candidates) at this
time the Electoral College would at the Constitutional
convention would select Senators and House of
Representatives.
Difficulties might presidents encounter by winning the
electoral vote but losing the popular vote
The president would not have the support of the people
behind him. He would not become a popular president;
every move the president makes would be criticized. His
legacy might be viewed by some as illegitimate. They may
have a harder time finding support for their programs. The
country would be divided on issues affecting the nation.
Election year—2000---What happened?
The 2000 Presidential election: George Bush and Al Gore.
Al Gore won the popular vote by a margin of almost 540,000
votes. The Electoral College gave George Bush 271 electoral
votes (one more than the needed 270 to win the Presidency.
2000 ELECTION GORE VS. BUSH
GA POP. 9 MILLION
13 ELECTORAL VOTES
GORE
7 MILLION VOTES******
BUSH 2 MILLION VOTES
FL POP.
17 MILLION
35 ELECTORAL VOTES
8 MILLION VOTES
9 MILLION VOTES*******
GORE WINS GEORGIA’S 13 ELECTORAL VOTES (WINNER TAKES ALL)
BUSH WINS FLORIDA’S 35 ELECTORAL VOTES (WINNER TAKES ALL)
GORE HAD MORE POPULAR (CITIZENS) VOTES WITH 15 MILLION VOTES
VERSUS BUSH’S 11 MILLION VOTES
BUT
BUSH WINS THE PRESIDENCY DUE TO HAVING MORE ELECTORAL
VOTES.
The big states/more populated states generally have more electoral votes which is why
most candidates travel to those areas often.
SSUSH5 The student will explain specific events and key
ideas that brought about the adoption and
implementation of the United States Constitution.
b. Evaluate the major arguments of the antiFederalists and Federalists during the debate
on ratification of the Constitution as put forth
in The Federalist Papers concerning form of
government, factions, checks and balances,
and the power of the executive, including the
roles of Alexander Hamilton and James
Madison.
d. Analyze how the Bill of Rights serves as a
protector of individual and states’ rights.
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Key Terms
•
•
•
•
Ratification
Federalists
Anti-federalists
Federalists Papers
•
•
•
•
Bill of Rights
US Constitution
Impeachment
Amendments
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What Kind of Plan? Whose Ideas Are Best?
Two Different Factions
Federalist:
• Favored strong central
government
• Believed in a “loose”
interpretation of the Constitution
• Encouraged the growth of
business
• Encouraged urbanization & an
economy based on industry and
commerce
• Supported by Washington,
Hamilton, & Adams
Anti-Federalists:
• Favored a weak central
government & stronger state
governments.
• Believed in a strict
interpretation of the
Constitution
• Encouraged the development
of farming (agriculture)
• Wanted a rural American
society
• Supported by Jefferson and
Madison
CONFLICT!!!
Federalists—supports of the constitution because they
favored a balance of power between the states and the
national government.
Anti-federalists—opposed having such a strong central
government, thus against the constitution.
ARGUMENTS
The Anti-federalists feared that government would serve
the interests of the privileged minority and ignore the
rights of the majority. They also stated the constitution
did not protect the individual rights, that a single
government could not govern such a large country, and
that there would be abuse of power by such a strong
central government. Finally, they wanted the Bill of
Rights to protect personal liberties of individual citizens.
FEDERALISTS VIEWS
The Federalists stated a strong central government was
needed to tackle the new nation’s problems and insisted
that the division of powers and the system of checks and
balances would protect Americans from the tyranny of
centralized authority.
The Federalist Papers were written by Federalist leaders
John Jay, James Madison, and Alexander Hamilton to get
New York to ratify the constitution. It was a series of 85
essays that analyzed the constitution and explained why
ratification of the constitution would be beneficial. It also
argued that the division
of powers and the
system of checks and
balances would protect
Americans from
tyrannical authority
or a centralized
authority.
Anti-federalists stated the Constitution created a
powerful national government, making the Bill of
Rights necessary to protect the people. Federalists
stated the Constitution gave only limited powers to
the national government and so it could not violate
the rights of the states or people.
James Madison, being a leading Federalist and
framer of the constitution, used his experience and
powers of persuasion to win support for the United
States Constitution. He promised to ratify the Bill of
Rights, if the states ratified the Constitution.
• The delegates
provided a means
of changing the
Constitution
through the
amendment
process
• After the
convention, the
Constitution had
to be sent to
Congress for
ratification, or
approval…
Creation
86
Bill of Rights helps to approve the US Constitution
The Federalists pledged to add the Bill of Rights to the U.S.
Constitution. This pledge would help them win the support of
additional states they needed to ensure ratification. Before the
Constitution could go into effect it had to be ratified by 2/3 of the
states.
Ratification—official approval—required the agreement of at least
nine states of the thirteen states.
The Constitution was ratified on September 17, 1789—the Bill of
Rights added December 1791.
Delaware was the first and New Hampshire was the ninth.
I - Freedom of speech, press, religion, assembly,
and petition.
II - Right to keep and bear arms.
III - Conditions for quarters of soldiers (protection
from having to house soldiers).
IV- Right of search and seizure regulated
(protection from having home being searched).
V- Provisions concerning prosecution (provides
that certain steps be taken if someone is
charged with a crime).
VI - Right to a speedy trial, witnesses, etc.
VII - Right to a trial by jury (civil lawsuits, court
cases involving private rights).
VIII - Excessive bail/cruel punishment (right to fair
punishment).
IX – Rights maintained by the people (to make sure
rights not mentioned in the Bill of Rights
would also be protected).
X - Rights of the states under Constitution.
89
THE BILL OF RIGHTS
The first eight amendments spell out the
personal liberties the states had requested.
– (1st) religious and political freedoms, (2nd) right to bear
arms, (3rd) freed from quartering soldiers, (4th) freed
against unreasonable searches and seizures, (5th) rights
of accused persons, (6th) right to a speedy public trial,
(7th) right to trial by jury, and (8th) limits on fines and
punishments.
The ninth and tenth amendments impose general
limits on the powers of the federal government.
The expansion of democracy came from later amendments,
changes to the constitution.
Third Amendment
The third amendment (freedom from
quartering soldiers/troops) which prevented
the government from housing troops in private
homes during peacetime because this violated
privacy of others also everyone was familiar
with amendment #2 (right to bear arms).
91
Ratify the US Constitution…Basic Principles
In each state, a specially elected convention debated
ratification and determined whether to approve the
Constitution. The approval of nine of the thirteen states
was needed and obtained.
The key principles of the Constitution are popular
sovereignty, limited government, separation of powers,
federalism, checks and balances, and representative
government.
These principles and because the Constitution provides a
process has enabled it to endure for more than 200 years.
92
Why amending the Constitution is difficult?
So that amending the Constitution would be taken seriously
and changes could not be made only to suit or favor a
specific individual, group, or cause.
How many times has the U.S. Constitution been changed?
What are these changes called?
The Constitution has been changed 27 times=27
amendments added.
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