Creating the ConstitutionIntegrated Social Studies

Madison Southern High School

Section 01 – Constitutional Convention

• Main Idea – The delegates to the Constitutional Convention debated different arrangements of sharing power. After much debate, they created the United States Constitution.

• Key Terms – 1. Bicameral2. Unicameral3. Great Compromise4. Three-Fifths Compromise

Agreement and Disagreement

• 55 Delegates meet in Philadelphia in 1787 to ‘amend the Articles of Confederation.’

• Many agreed with “Separation of Powers.”

• Many agreed that power should be limited.

• Delegates were divided on how many representatives each state should have in the national government.

• Delegates were divided on how much power the national government should be given.

Getting Organized

• May 25th, 1787 – George Washington is selected as presiding officer over the convention.

• Setting the Rules – 1. No information was to be given to the press; the

doors and windows of the hall were shut.2. Each state got one vote, regardless of the number of

representatives they brought.3. All 55 delegates were given a chance to speak4. Delegates worked from 10 AM to 4 PM, six days per

week.

Main Conflicts

• State Power vs. National Power – which should be stronger?

• Inability to tax or raise federal funds to pay debt.

• Southern states refused to approve a Constitution unless slavery survived.

Madison’s – Virginia Plan

• James Madison (Virginia) wanted –

1. Strong national government and legislative branch.2. House of Representatives (directly elected) 3. Senate (chosen by the House of Representatives).

• Bicameral: Two house legislature.

• A state’s size would determine number of representatives.

The New Jersey Plan

• The “Small State Plan” or “Paterson Plan.”

• Written by William Paterson in opposition to the Virginia Plan.

• Proposed a one-house legislature – Unicameral.

• Each state gets one vote.

• Small states in favor, but large states despise it. Why?

Simulated Compromise

• Remember, as you lay out your compromise of the VA and NJ plans, be specific about what you mean and how you would like this new government structured.

• Once everyone has completed their version of the compromise, we will trade papers – group to group – and then it is your job to decide whether or not you would approve the compromise you’ve just been handed.

Simulated Compromise• Now that you are deciding on whether or not to

approve another groups compromise, one person in each group needs to pull out a sheet of paper.

• As a group, discuss the 4 topics – Branches, Legislative, Other Powers, & Slavery – and decide on each topic individually whether or not you agree with their stance. Provide an explanation either way.

• Make a decision on whether or not to approve the compromise overall. Provide a justification for your decision.

Reaching Compromise

The Great Compromise –

A. “Connecticut Plan” - Written by Roger Sherman.

B. 3 branches of government: executive, judicial, and a bicameral national legislature.

C. The number of representatives in the House is proportionate to the state’s population.

D. Each state would have an equal number of Senators.

E. The bicameral legislature was thought to ensure fair laws were passed.

The New Branches

• The Great Compromise proposed two new branches of the national government.

• Executive Branch – enforce laws, president.

• Judicial Branch – interpret laws, Supreme Court.

• Only white men who owned property could vote.

What about Slavery?

The Three-Fifths Compromise –

• The decision is made to count each slave as three-fifths of a white person when deciding the state’s population for representation purposes.

• Slave Trade Clause: It forbade Congress from voting against slave trade until 1808.

• Fugitive Slave Clause: It forced all states to return fugitive slaves to their owner.

Signature’s, please?

• September 17th, 1787 – Constitution is signed.

• 39 delegates signed the compact.

• Once the document was signed, it was presented to the states for ratification.

• 9 states had to approve this new Constitution before it could become the new governing document.

Section 02 – Struggle for Ratification

• Main Idea – The campaign to ratify the Constitution pitted the Federalists, who favored a strong national government, against the anti-Federalists, who feared the power of a national government.

• Key Terms – 1. Ratified2. Federalist3. Anti-Federalist

What Next?

• In order to go into effect, The Constitution must be ratified, which means approved, by no less than 9 of the 13 state conventions in America.

• Everyone has an opinion and not everyone likes it. Churches, businesses, town squares, and inns are all full of debates.

• The two sides split into the Federalists, in favor of it, and the Anti-Federalists, opposed to the Constitution.

The Federalists

• The supporters of the Constitution; they supported a strong federal or national government.

• Supported a strong national government to:

1. Protect the states from foreign nations2. Maintain Order3. Regulate trade4. Guarantee the rights of citizens

The Anti-Federalists

• Opponents of the Constitution – Patrick Henry called it “horribly defective.”

• Supported a weak national government and strong state government to:

1. Allow politicians to be closer to their constituents2. Protect people’s liberties3. Limit abuses of power by federal governments

The Anti-Federalists

• Feared the Necessary and Proper clause that stated that the government had the right to make laws as they see fit.

• Felt a Bill of Rights was needed

The Federalist Papers

• Collection of 85 essays.

• Written in 1787-1788 in Response to Patrick Henry and other Anti-Federalists, such as: Benjamin Franklin, Alexander Hamilton, and John Jay.

• These papers argued for the Constitution as a body which could protect the liberty of every citizen.

Ratification• Between December 1787 and May 1790, all 13 states

ratified or approved of the Constitution.

• The Constitution was officially adopted when the ninth state to ratify, New Hampshire, approved on June 21, 1788. Still, over 40% of the nation’s population lived in states where it was not ratified.

• 3 of the last 4 states to ratify were Virginia, New York, North Carolina. On May 29th, 1790, Rhode Island became the final state to accept the Constitution.

• The United States of America is born.

Section 03 – Supreme Law of the Land

• Main Idea – The Constitution establishes a federal government, protects the rights of citizens, and provides general rules that government must follow.

• Key Terms – 1. Amendments2. Federalism3. Concurrent Powers4. Reserved Powers5. Checks and Balances6. Impeach

Preamble

“We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our prosperity, do ordain and establish this Constitution for the United States of America.”

• Don’t lie, we all know you sang this in your head.

Goals of the Government

1. To Form a more Perfect Union

2. To Establish Justice

3. To Insure Domestic Tranquility

4. The Provide for the Common Defense

5. To Promote General Welfare

6. To Secure the Blessings of Liberty to Ourselves and Our Posterity

The Articles

• Article 1: The Legislative Branch• Article 2: The Executive Branch• Article 3: The Judicial Branch• Article 4: The States• Article 5: Amending the Constitution• Article 6: The Supremacy of the Constitution• Article 7: Ratification

Limited Government

Federalism – the division of power between the states and the federal or national government.

Concurrent Powers – powers shared by the federal and state governments.

Enumerated Powers – powers given to the National Government.

Reserved Powers – powers that the Constitution neither gives to Congress nor denies to the states.

Limited GovernmentSeparation of Powers –

• Legislative – House of Representatives and the Senate.• Judicial – Federal Courts; Supreme Court most powerful.• Executive – One person; the President.

Checks and Balances – the system that gives each branch of government ways to limit the powers of the other two.

Impeach – to accuse of wrongdoing.

• This is an example of a “check” the House of Representatives has on any high officials.

Presidential Impeachments

Resigned before his impeachment was official.