Three Fears of the Founding Fathers: From the Articles of Confederation to the US

Constitution

Why a Constitutional Convention?

• Problems with commerce!• Congress follows Hamilton’s call to REVISE the

Articles of Confederation.• Delegates NOT chosen directly by people!• Resulted in a select group of propertied men.• Such as:

CREATING A NEW GOVERNMENT

• The delegates at the Constitutional Convention realized the need to strengthen the central government

• They soon decided to create an entirely new Constitution instead of amending the Articles

• Compromise was the order of the day

“Compromise”

Moderates like:

Not the most revolutionary leaders—they stayed home!

Priorities of Delegates

• Conservative and wealthy• Many slave owners• NATIONALISTS– Stable political structure that would last.– Ensure security of new nation—especially from

“mobocracy”– To do this—MUST GET RID OF ARTICLES OF

CONFEDERATION and create NEW system of government.

Fear #1: King George III (Monarchy)

Solution: A Republic – Not a Monarchy

• “We the People” ratify/accept the Constitution

• Almost anyone can run for office

• Regular elections

II. Fear 2: Articles of

Confederation

(A Weak Government)

Solution: A Stronger National Government

• The power to tax

• A president and court system

• Supremacy Clause – National Govt. > States

III. Fear 3: Direct Democracy & The Tyranny of the Majority

Solution: Majority Rule – But Limited

1. Bill of Rights

2. People Vote for Representatives – But Not President, Senators, Judges

3. Three Branches of Govt. & Checks and Balances

SEPARATION OF POWERS

Strong National Government

Weak National Government

Monarchy Direct Democracy

IV. Two Constitutional Compromises

A. Big States, Small States, and the Great Compromise

Total # of Reps

# of Reps Per State

Makes Happy

House 435 Varies By Population

Big States

Senate 100 Gets 2 Small States

Large states vs. Small States

• Issue of representation: Large states wanted based on population (Virginia), Small states wanted equal representation (New Jersey)

• Almost led to deadlock.• Agree to Great

Compromise.

VIRGINIA VS. NEW JERSEY PLANS

• Virginia Plan: Bicameral Legislation based on state population

• New Jersey Plan: Unicameral Legislation based on one state = one vote

GREAT COMPROMISE• After a deadlocked that

dragged on & on, Roger Sherman finally suggested the Great Compromise which satisfied both big & small states

• Bicameral Congress with House of Reps based on population (VA Plan) and Senate based on one state = one vote (NJ Plan)

4. Two Houses: Senate & House of Representatives (Bicameralism)

B. Slave States, Free States, and the 3/5 Compromise

THREE-FIFTHS COMPROMISE

• Next difficult issue: Slavery • Southern states wanted

slaves included in the population figures used to determine Representatives

• Northern states which had few slaves, disagreed

• Compromise was to count each slave as 3/5ths of a person

DIVISION OF POWERS

• Next issue: Should the National government or the states hold power? Who shall be sovereign?

• Delegates choose to split power • Federalism system developed• Federal government had

delegated, or enumerated powers (Coin, trade, war, etc.)

• States had reserved powers (education)

Powerful Presidency

• Wanted strong authority figure for new country.

• President given important powers, but not absolute—SEPARATION OF POWERS.

Other Key Provisions

• Electoral college– Indirect election of president– Both large states and small states can benefit

• 3/5ths Compromise• Continue slave trade until 1807.

A Conservative Constitution

• Wanted to protect economic and political interests.– Sound economy and private property– Kept lower-classes and blacks from voting• Election of senators and federal judges INDIRECT!!!

Some Democratic Elements

• Consent of the governed

• Limited government• Power of the people

—”We the People”…

Lagging States• Virginia, New York, North

Carolina and Rhode Island. RATIFIED BECAUSE THEY HAD TO!

• In New York—The Federalist plays key role– Anonymously written by

Hamilton and Madison– Propaganda in favor of

Constitution– Federalist No.10– proved was

possible to extend a republican form of government over the large territory of US.

A Conservative Triumph?

• ¼ adult males in country elected delegates who ratified Constitution.

• Safe-guards built in to protect against rebels and mobs.– Ex: Indirect elections, lifetime appointments

Republicanism Survived

• Separation of powers– but all were meant to represent the people.

• Balance between liberty and order.

RATIFYING THE CONSTITUTION

• The Constitutional Convention adjourned in September of 1787

• Nine of thirteen states had to ratify the Constitution

• Supporters of the Constitution were Federalists. Those opposed were Anti-Federalist

Battle for Ratification

• Change the law of unanimity– would become law when 9 states ratified.

• Went over the head of the Articles, and State Legislatures directly to the people.

Federalists vs. Antifederalists

• Federalists:– Wealthy, often powerful– Lived in settled areas, on

coast– Educated– Controlled the press

FEDERALIST

• Led by Alexander Hamilton, James Madison and John Jay, Federalist believed that while the Constitution was not perfect, it was far superior to the Articles of Confederation

• They favored a strong central government

James Madison “Father of the Constitution”

Federalists vs. Antifederalists ctnd.

• Antifederalists:– Included many revolutionaries– Mainly people devoted to states rights, lived in

backcountry, small farmers.– Believed Constitution was plot by upper class to

get even more power from common folk. – Criticized Constitution for taking away freedom of

states and individuals.

ANTI-FEDERALIST• The Anti-Federalist view

was that the Constitution did not guarantee the rights of the people of the states

• Led by Patrick Henry, George Mason, and Richard Henry Lee, the Anti-Federalists wanted a Bill of Rights to off-set the strong central government

Lee penned his views in the widely read, Letters from the Federal Farmers

Ratification• The Federalists

had to promise the Antifederalists that a Bill of Rights would be drawn up soon after ratification.

• 9 states ratified by 1788.

ADOPTION OF THE BILL OF RIGHTS

• To satisfy the States-Rights advocates, a Bill of Rights was added to the Constitution to guarantee individual rights

• The Bill of Rights was ratified in December of 1791- three years after the Constitution was ratified

First Ten Amendments

OLDEST LIVING CONSTITUTION

• The U.S. Constitution is the oldest written national constitution in the world

• Elastic Clause key to flexibility

• Also ability to change, or “amend” the Constitution helps preserve it

• 27 Amendments have been added

A Quick Tour of the Constitution

• What’s in the Constitution–Article I - The Congress–Article II - The Executive–Article III - The Courts–Article IV - Federalism–Article V - Amendment procedure–Article VI - National Supremacy–Amendments

Article I - Legislative Branch

• structure; qualifications; method of election; • impeachment; president's veto; • powers of Congress; "necessary & proper"

clause; • habeas corpus; no bills of attainder or ex post

facto laws

Article II - Executive Branch

• electoral college; • "executive Power" to the President;

commander in chief; • make treaties "with the advice & consent" of

the Senate;• appointment powers

Article III - Judicial Branch

• one supreme Court "and in such inferior courts" as Congress may establish;

• trial by jury

Article IV - Relations among the states and between the states and the federal government

• "full faith & credit";• "privileges & immunities";• extradition

Article VI - Supremacy clause

• The Constitution, laws, and treaties of the U.S. "shall be the supreme law of the land"

Article V - Constitutional Amendment

• 1. Propose• 2. Ratify

Amendments:Many are Called, Few are Chosen

• Between 1789 and 1996, more than 11,000 amendments have been offered in Congress

• Only 27 have been ratified

• The amendment process is a difficult one

AMENDMENTS

• BILL OF RIGHTS (#1 - 10)• #1 (Freedom of religion, speech, press,

assembly, petition)• #2 (Bear arms)• #3 (Quartering of troops in peacetime)• #4 (Search & Seizure)

AMENDMENTS

• BILL OF RIGHTS• #5 (Due process; indictments; double

jeopardy; eminent domain,self incrimination)

• #6 (speedy, public trial; impartial jury; informed of charges; confronted by witnesses against; compulsory processes; assistance of counsel)

AMENDMENTS

• BILL OF RIGHTS• #7 (trial by jury in civil cases)• #8 (no excessive bails; no cruel, unusual

punishments)• #9 (rights not listed are retained by the

people)• #10 (powers not delegated or prohibited

are reserved to states or the people)

Expansion of CITIZENSHIP RIGHTS & THE ELECTORATE

• 13 - abolished slavery• 14 - rights protected from state action• 15 - black suffrage• 17 - direct election of Senators• 19 - women's suffrage

Expansion of CITIZENSHIP RIGHTS & THE ELECTORATE

• 23 - DC residents able to vote for president• 24 - outlawed poll tax• 26 - 18-year-old vote

Expansion of CITIZENSHIP RIGHTS & THE ELECTORATE

• these amendments have made the Constitution

• more democratic, • more egalitarian • and increased the ability of a majority to

affect government

GROWTH OF THE ROLE & POWER OF NATIONAL

GOVERNMENT• 16 - income tax• 18 - Prohibition• (repealed by #21)

Multiple Choice Practice• 28.The "Great Compromise" in the Constitutional Convention provided

that• A. a. the House of Representatives would be elected by the people and

the Senate by the state legislatures.B. b. the large states would be taxed on the basis of population and the small states on the basis of territory.C. c. there would be separation of powers between the executive and legislative branches of government.D. d. there would be representation by population in the House of Representatives but equal representation of all states in the Senate.

29.Antifederalists generally found their greatest support among• A. a. small states like Delaware and New Jersey.

B. b. the commercial areas of the eastern seaboard.C. c. the poorer debtors and farmers.D. d. the wealthy and well educated.