Chapter 11: Creating the Constitution
Section 1: The Call for Change
MAIN IDEA: POLITICAL LEADERS ASSEMBLED IN PHILADELPHIA TO WORK OUT
A PLAN TO STRENGTHEN THE NATIONAL GOVERNMENT.
Section 1: Objectives
1. Why did farmers in Massachusetts rebel against the authorities?
2. Why did some Americans of the mid-1780s want changes in their government?
3. What were the men like who gathered to restructure the national government?
Shay’s Rebellion: WHY? Because Farmers were being put in DEBTORS PRISON
1. In Massachusetts, (Ma.) as in other states paper money was almost worthless.
2. Ma. Lawmakers outlawed paper money and all debts had to be paid in gold or silver.
3. Ma. Farmers did not earn much gold or silver and could not pay their debts and WERE PUT
IN JAIL.
4. 1786 DANIEL SHAY a former soldier and now farmer was the leader of the rebellion.
5. Later in 1786 the loosely formed rebellion marched to Springfield, Ma. to seize the arsenal.
6. They were met by Ma. state militia and fought a short battle and 150 rebels were captured.
7. Shay and several others escape to Rhode Island.
***This showed many Americans that we needed a stronger national government not just state
militias***
A Call For A Convention:
1. Law makers from Virginia called for a CONVENTION of all states to discuss trade disputes
between states.
2. The CONVENTION took place in ANNAPOLIS MARYLAND in 1786, only five states
delegates showed up.
3. Among them Alexander Hamilton of NY and James Madison of Va.
4. Hamilton wrote a report of what was wrong with the Articles of Confederation saying
a. It could not negotiate trade treaties or tax anyone
b. It could not pay its debts or settle disputes between the states.
5. Hamilton also called for a special Convention in his report to deal with these issues.
6. The delegates at the ANNAPOLIS convention voted to SUPPORT Hamilton’s report.
7. The Purpose of the Convention: “the sole and express purpose of revising the Article of
Confederation”
The Convention Delegates Our FOUNDING FATHERS
1. May 1787, 12 states responded and sent delegates to the CONSTITUTIONAL
CONVENTION only Rhode Island did not go.
2. 55 delegates came, half were lawyers, others were planters, merchants, doctors and all were
educated.
3. The average age was 43, today it is over 50. Governor Morris of Pa. was in his 30s,
Alexander Hamilton was about 30, Benjamin Franklin was 81.
4. Some prominent men were not there, Thomas Jefferson was in Paris, John Adams in London.
The Convention Assembles: PURPOSE: to revise the Articles of Confederation.
1. May 25 1787, at Independence Hall in Philadelphia the first 29 delegates arrived.
2. The first order of business was to elect a President of the Convention.
3. Robert Morris of Pa. nominated George Washington and all the delegates agreed.
4.Wasington was a logical choice because he was a national hero, Commanded the Continental
Army, and had the dignity and presence of a great leader.
5. In Washington’s acceptance speech he was not very hopeful, “It is too probable that no plan
we propose will be adopted” nevertheless he urged the convention “to raise the standard to
which the wise and the honest can repair (rally around), “The event is in the hand of God.”
The Historical Record
1. Rules were set for the meetings and it was decided all discussions would be SECRET.
2. The windows in the hall were nailed shut and the summer heat was rough on the delegates.
3. The Convention secretary did not record many notes BUT James Madison did.
4. We know what we know from Madison and many of his ideas are in the Constitution.
5. Historians now call James Madison the FATHER of the CONSTITUTION.
Section 2: Conflict and Compromise
Main Idea: THE DELEGATES TO THE CONSTITUTIONAL CONVENTION WORKED
OUT A NEW FORM OF GOVERNMENT.
OBJECTIVES:
1. What was the basic structure of government adopted by the Constitutional Convention?
2. Why did the states disagree about the make-up of the legislative branch?
3. Why is the Constitution a document of Compromises?
Views on Government
-1. All the DELEGATES agreed with the “Truths” in the Declaration of Independence; Life,
Liberty and the Pursuit of Happiness.
-2. All agreed that governments should be based on the power of the GOVERNED.
The VIRGINIA PLAN:
-1. The Governor of Va. Richard Randolph proposed a plan and it was drawn up by JAMES
MADISON; it proposed a NATIONAL GOVERNMENT that had THREE (3) parts.
A. Congress; the LEGISLATIVE BRANCH would make LAWS
B. The EXECUTIVE BRANCH would enforce LAWS.
C. The JUDICIAL BRANCH, (the SUPREME COURT) would see that justice was done
under the law.
-2. The VIRGINIA PLAN called for CONGRESS to be made up of TWO HOUSES.
A. The people would elect the representatives for one house directly.
B. The members of that house would elect the members of the second house.
The DEBATE BEGINS: PROBLEMS
-1. ELBRIDGE GERRY of MA. believed people could not be trusted to elect good
representatives.
A. He noted SHAY’S REBELLION; too much democracy.
-2. JAMES WILSON of PA. and JAMES MADISON believed government drew its strength
from the people and for a government to be free the people must elect representatives.
-3. The VIRGINIA PLAN called for REPRESENTATION IN CONGRESS TO BE BASED
ON A STATES POPULATION. Problem; large states would rule small states.
-4. NEW JERSEY PLAN; WILLIAM PATTERSON of NJ. Proposed that the LEGISLATURE
should only have ONE HOUSE and each state would send the SAME NUMBER of REPS.
The GREAT COMPROMISE
-1 ROGER SHERMAN of CT. proposed the GREAT COMPROMISE:
A. THE HOUSE of REPRESENTATIVES (the lower house) would be the peoples
representation and members elected by the people based on population.
B. THE SENATE (upper house) each state would have two (2) SENATORS elected by
STATE LAWMAKERS.
OTHER COMPROMISES
1. SLAVERY: The NORTH thought slaves should not be included in the population because
they could not vote, The SOUTH wanted to include them in the population count.
A. The THREE-FIFTHS COMPROMISE; 5 SLAVES would count as 3 people.
B. PROBLEM: By doing this CONGRESS officially recognizes SLAVERY.
-2. TRADE: All Delegated agreed Congress should control interstate trade.
A. the NORTH wanted congress to control FOREIGN trade as well.
B. The SOUTH did not; they exported rice, tobacco, indigo and worried about taxes and
they feared that Congress would end the slave trade.
COMPROMISE:
A. Delegates gave Congress the power to control foreign trade and tax
only IMPORTS.
B. Delegates said Congress could end the slave trade in twenty years.
-3 THE EXECUTIVE:
A. The Delegates decided the EXECUTIVE would be ONE person and that would be the
PRESIDENT and to keep that person from becoming to powerful Congress would
Have the power to IMPEACH the PRESIDENT.
B. The ELECTORAL COLLEGE: Qualified voters (ELECTORS) from each state would
choose the PRESIDENT and VICE PRESIDENT. There would be the same number of
Electors as Senators and Representatives for each state.
Section 3: Ratifying the Constitution
MAIN IDEA: AFTER MUCH DEBATE, THE STATES RATIFIED THE CONSTITUTION
WITH THE UNDERSTANDING THAT A BILL OF RIGHTS WOULD BE
ADDED TO PROTECT INDIVIDUAL LIBERTIES.
OBJECTIVES:
-1. How did the Constitution become law?
-2. What were the concerns of the opponents to the Constitution?
-3. How did supporters of the Constitution compromise in order to win its approval?
A Federal System
*** The Government created by our Founding Fathers as set out in the Constitution was
COMPLETELY NEW and it needed a NAME ***
-1. The NAME: FEDERAL from FEDERALISM meaning the sharing of powers between a
FEDERAL (or central) government and its STATES (or political subdivisions) was chosen.
Two Points of View
-1. This new Constitution and FEDERAL government was supported by FEDERALISTS who
believed we needed a strong FEDERAL government.
-2. ANTIFEDERALISTS: Opposed the Constitution for several reasons:
a. Loss of States Power: They believed that the Constitution gave the FEDERAL
Government to much power and it would swallow up the states.
b. Loss of Individual Freedom: They believed Liberty could only exist in a small republic
because it would be easier to keep an eye on leaders.
THOMAS JEFFERSON wanted a BILL of RIGHTS.
-3. FEDERALISTS: Answered these criticisms by saying that the rights of the people are
protected by the Bill of Rights of each STATE, and the people elected the
House of Representatives.
a. The Federalists argued their point publically in:
THE FEDERALIST: A series of 85 essays written by James
Madison, Alexander Hamilton and John Jay.
The States Decide
-1. The SMALL STATES were the first to Ratify the Constitution; Delaware, New Jersey,
Georgia, Maryland and Connecticut.
-2. Some States held out to make sure there was a BILL of RIGHTS added; Massachusetts,
New York and Virginia.
a. James Madison and George Washington convinced Virginia to Ratify the Constitution.
b. New York took longer Federalist Alexander Hamilton won a debate with Antifederalist
George Clinton the Governor of NY and NY finally ratified the Constitution on the
condition that a BILL of RIGHTS be added including FREEDOM of the PRESS.
-3. New Hampshire was the NINTH and FINAL vote making the CONSTITUTION LAW on
SEPTEMBER 17, 1787.
Section 4: A More Perfect Union
MAIN IDEA: THE CONSTITUTION CREATED A STRONG AND BALANCED
GOVERNMENT WITH THE FLEXIBILITY TO ADJUST TO THE
NATION’S GROWTH AND CHANGING NEEDS.
OBJECTIVES:
-1. How is power divided within the Federal Government and between the State governments
and the Federal Government?
-2. What is the Purpose of the Bill of Rights?
-3. How does the Constitution provide for Change?
The Structure of Government: OUR GOVERNMENT IS DIVIDED INTO 3 BRANCHES
-1. The LEGISLATIVE Branch: Makes Laws, it consists of the SENATE and the HOUSE OF
REPRESENTATIVES. SENATORS are elected for 6 years, REPRESENTATIVES for 2
years.
-2. The EXECUTIVE Branch: Enforces Laws, The head of this branch is the PRESIDENT
elected for 4 years, and only 2 terms.
-3. The JUDICIAL Branch: Interprets Laws; made up of the SUPREME COURT of the USA.
And other Federal Courts.
***SEPARATION OF POWERS: This keeps any of the three branches from become to
powerful.
Checks and Balances:
-1. CHECKS and BALANCES: The Constitution gives each branch powers over the others.
The principal of CHECK and BALANCES LIMITS the power
of the three (3) branches by having each branch watch the
other.
Sharing of Powers
-1. FEDERAL (National) GOVERNMENT: The Federal Gov. has certain powers that concern
the country as a whole.
a. It can make treaties
b. Declare War
c. Coin Money
d. Tax Imported goods
-2 STATE GOVERNMENNTS: Each State can make some of its own laws.
a. Make laws on education
b. Make laws on trade within its borders.
c. It can set punishment for state crimes.
-3. SHARED POPWERS: Some powers are shared between the Federal and State Governments
a. Borrow money
b. Build Roads
c. Set up Courts
d. State Militias (National Guard)
***If conflicts develop between state and federal laws the States must follow the Federal Laws
The BILL of RIGHTS
***1791 Congress created the first 10 AMENDMENTS to the Constitution, known as the BILL
of RIGHTS***
The BILL of RIGHTS is the first 10 AMENDMENTS to the Constitution and include;
-1. Freedom of Religion, the Press, Speech.
-2. DUE PROCESS: the right to fair treatment under the law.
The Ability to CHANGE:
-1 Congress planned for the Constitution to adapt and change over time.
JAMES MADISON: Wrote most of the Bill of Rights and stated, “We should not lose sight of
the changes that the ages will produce.”
-2. ELASTIC CLAUSE: The Constitution allows the powers of Congress to EXPAND. For
Example Congress was given the power to regulate Airlines because they already had the power
over INTERSTATE TRADE.
CHANGE OVER TIME:
-1. The SUPREME COURT can also change its interpretation of laws over time
a. 1896: Plessy v Ferguson; Law that said African Americans could have separate
schools, public facilities and different train cars if conditions were equal.
b. 1954: Brown v. Board of Education; OVERTURNED Plessy v. Ferguson, saying laws
separating people on the basis of race is illegal.
CONSTITUIONAL CUSTOMS:
-1 The Constitution does not specifically provide for the President’s CABINET; (the heads of
his Departments) but it says the President can set up departments to help run the Government
and the CABINET has been put in place by every President for so long it has become an
official part of the EXECUTIVE BRANCH