The Constitution • What was the name of America’s first government? • A = Articles of Confederation • What were some of its weaknesses? • A = All power at state level. Could not tax. Review • Who wrote the Declaration of Indep.? • What was the purpose of the Dec. of Indep.? • What is the three part argument of the Dec. of Indep.? • What was the name of the 1st American Govt.? • What was the major weakness of the Articles of Confederation? Mo • Why did Shay’s Rebellion freak out many elites? • What was the name of the “Big” state plan at the Constitutional Convention? • What was the name of he “small” state plan? • What issue were small and big states arguing over? The Constitutional Convention • 55 delegates meet in Philadelphia to try and fix the Articles of Confederation (1787). • 2/3 of the men are lawyers; most have been involved in politics since the Revolution—thus conservative elites. • Big names include: Alexander Hamilton, Ben Franklin, James Madison (father of the Constitution), and George Washington. • All work is to be in secret. Those Missing: • Thomas Jefferson • John Adams • Patrick Henry—chosen to go, but declined because he “smelled a rat.” Problems with Articles of Confederation • Federal (national/central) government is too weak—can’t tax. • State govts. Have all of the power and regular people influence the laws.. • Make laws that help debtors (poor) and are against the creditors (rich). Assumptions on Human Nature • Read handouts • Negative view of regular (ordinary) people. • Think they should have a limited influence on government. Call for a New Government • Once started, the Virginians propose getting rid of the Articles of Confederation and coming up with something totally new. • Their plan is called the Virginia Plan. • Ideas come from James Madison. The Virginia Plan • Calls for 3 branches of govt. • A. Executive • B. Legislative • C. Judicial • A powerful Executive • A 2-house legislature – Representation determined by population This Upsets states with smaller populations • They come back with the New Jersey Plan. – 1-HOUSE LEGISLATURE WITH EACH STATE HAVING 1-VOTE. – 3-MEMBER EXECUTIVE – Like the VA. Plan—give much more power to the national govt. Issue # 1 • Should representation in the legislature be determined by population or should it be equal? How Resolved • Legislature would be 2-houses. • The upper house (the Senate) would have equal representation (2 from each state). • The lower house (the House of Representatives) would be based on population—the bigger the state, the more representatives you would get. • Called the “Great Compromise” US Congress Senate 6-Years Chosen by State govts. EACH STATE GETS 2 SENATORS House of Representatives 2-Years Elected by People States with most People get most representatives Issue # 2 • How should slaves be counted when determining representation? How solved • Slaves were to be counted as 3/5 a person when determining representation. • Called the 3/5 compromise. Another Issue Involving Slavery • Southern states feared that the power to regulate trade might interfere with slavery. • It was agreed that the govt. could do nothing about the slave trade for 20-more years. Not Trusting the People • The “People” were only allowed to directly elect members of the House of Representatives. • Originally, Senators were to be chosen by State Legislatures. • The founders did not trust people to directly chose the president so they came up with the electoral college. The Electoral College • Used to decide who wins the presidency. • People vote in each state and the person who gets the most votes, gets that states’ electoral votes. • The person who gets the majority of the electoral college votes wins. • The people in the electoral college do not have to vote how the people vote! End Result • A stronger national govt. • Stronger Executive • 2-House legislature New Govt. under Constitution National Government Executive Branch (president) Executes laws Legislative Branch (Congress) Writes Laws Judicial Branch (Courts) Judges Laws Next Step • Get the people to approve it.