1787

THE CONSTITUTION

DRAFTING THE CONSTITUTION

Nationalists Strengthen the Government •Shay’s Rebellion 1787

• MA farmers band together to close the courts because they were facing debtors prison (led by Daniel Shays_

• State officials call out the militia- 4 farmers are killed • Every state had debt ridden farmers

• Nation afraid of rebellion

Philadelphia Convention1787• 12 States send delegates to help resolve the problems of the AOC• Most agreed that the national government needed to be strengthened and

it was decided that a new government needed to be formed

• Key Players: James Madison (*known as the Father of the Constitution) and Roger Sherman

KEY CONFLICTS AT THE CONSTITUTIONAL CONVENTION

Central Government-consent of the governed-central government should be sovereign (supreme)

Strong States-authority from the states-states should be sovereign

Large States-wanted VA plan, vote by population, bicameral legislature

Small States -wanted NJ plan, one vote per state, unicameral legislature

North-didn’t want to include slaves in state population for representation-wanted to tax for slaves

South-wanted to include slaves in state population for representation-didn’t want to be taxed for them

CONFLICT LEADS TO COMPROMISE: BIG STATES VS. SMALL STATE

• VA Plan (James Madison)• Called for a government with: 3 separate branches:

Legislative, Executive, Judicial

• Bicameral Legislature: 2 house legislature based on a state’s population• (Lower House = House of Representatives)

• Popularly elected• (Upper House = Senate)

• Chosen from the house lists of nominees

• Congress given all the powers that it held under the AOC • In addition, Congress would have powers to legislate all cases• Veto any state Law in Conflict with national law• Use force if necessary to make the state obey the national law

QUESTION: WHY DO YOU THINK THE SMALL STATES WOULD HAVE DISAGREED WITH THIS PLAN?!?

CONFLICT LEADS TO COMPROMISE: BIG STATES VS. SMALL STATE

• NJ Plan (William Patterson)• Called for Unicameral (Single House Congress): each state has 1 vote.

• In Congress:• Each state would be equally represented• Gained power to tax and to regulate trade between states• Called for a Federal Executive of more than 1 person who could be removed

at the request of the majority

QUESTION: WHY DO YOU THINK THE LARGE STATES WOULD HAVE DISAGREED WITH THIS PLAN?!?

CONFLICT LEADS TO COMPROMISE: BIG STATES VS. SMALL STATE

• The Great Compromise/ CT Compromise (Roger Sherman)

• Congress should be composed of 2 houses

• In (Smaller House) Senate: Each state has equal representation in the Senate

• In (Upper House) House of Representatives: Size of population determines representation

QUESTION: WHAT DID THE GREAT COMPROMISE ACHIEVE?

SLAVERY RELATED ISSUES

Consider: Did the 3/5 Compromise settle the political or economic issue of slavery?! !

CREATING A NEW GOVERNMENT

• DIVISION OF POWERS • Federalism: Divides power between the national and state

governments

• National Government : Delegated or enumerated powers • Control over foreign affairs/ provide national defense , regulate

trade between the states, coin $$

• State Government: Reserved Powers• Provide and supervise education, establish marriage laws, regulate

trade w/I a state

• Shared Powers between federal and state government: • Right to tax, borrow $$ and pay debts and establish courts

PART II:RATIFICATION OF THE CONSTITUTION • Federalists vs. Anti-federalists…. Who are they?? • Ratification: the Official approval of the

Constitution, or of an amendment, by the states** required by the agreement of at least 9 states • Clip: Struggle for Ratification http://davidgarrigus.com/NowInProduction.html

FEDERALISTS AND ANTI-FEDERALISTS CONTROVERSIES

• New System of Government strengthened the national government !!!• Federalists: Favored the Constitution’s balance of power

between the states and the national government

• Believed that checks and balances would protect Americans

• Anti-federalists: Believed that this government would serve the privileged minority and ignore the rights of the majority

• Anti-federalists are concerned that the Constitution lacks protection of individual rights and liberties

OPPOSING FORCES

• Federalists:• George Washington, James Madison, and Alexander

Hamilton • **Received heavy support from small states and urban

centers

• Anti-Federalists: • Patrick Henry, Samuel Adams, and Richard Henry Lee• Received support from rural areas and large states w/

strong economies (ex: NY)

Ques. To Consider: Why are these individuals /groups Federalist or Anti-federalist? What are their interests?

PUBLIC DEBATE OVER THE CONSTITUTION

• “The Federalist” was a series of 85 essays published in NY newspapers from 1787-1788 defending the Constitution. Discusses Separation of Powers and the limits on the power of majorities.

• Written by James Madison, Alexander Hamilton and John Jay under the pseudonym Publius.

____________________________________________• ‘Letters from a Federal Farmer” most likely written by

Richard Henry Lee were published by Anti-federalist supporters.

• In it, Lee lists the individual rights that should be protected by the government…..Can you predict what they are??

BILL OF RIGHTS LEADS TO RATIFICATION

• Demand for Individual Rights

• Anti-federalists believed that since the Constitution weakened state’s rights, people needed a national Bill of Rights to protect individual liberties.

• Guarantees that people had freedom of speech, press and religion as well as the right to a trial by jury and the right to bear arms.

• Power to protect these rights are in the hands of the people through the election process

Bill of Rights “Word Cloud” through Wordle

IN 1789, CONGRESS APPROVED THE TEN CONSTITUTIONAL AMENDMENTS THAT BECAME THE FEDERAL BILL OF RIGHTS.

STATES RATIFIED THE AMENDMENTS IN 1791. • 1. Guarantees freedom of religion, speech, press, assembly and

petition• 2. Guarantees the Right to Bear Arms • 3. Freedom from Quartering Troops • 4. Protects people against unreasonable search and seizure• 5. Rights of Accused Persons ( Provides that a person must be

accused by a grand jury before being tried for a serious federal crime, protects individuals against self-incrimination etc.)

• 6. Right to a speedy, public trial • 7. Right to a Trial by Jury • 8. Protects against cruel and unusual punishment and excessive bail• 9. Establishes that people have rights beyond those stated in the

Constitution• 10. Establishes that not all powers guaranteed to the federal

government and not withheld from the state are held by each of the states, or their citizens