CREATING A GOVERNMENT

The United States Constitution

“Let us not be afraid to view with a steady eye the dangers with which we are surrounded. Are we not on the eve of a war, which is only to be prevented by the hopes from this convention?

CONSTITUTIONAL CONVENTION

Who: The founders (55 delegates from 12 of the 13 colonies)

What: A meeting to revise the Articles of Confederation

Where: Philadelphia

When: May 25, 1787

Why: Fear of a rebellion was spreading throughout the states

Rhode Island was the only state that didn’t send delegates (it wanted to keep the Articles of Confederation)

All 55 delegates were white male landowners

Most were businessmen, lawyers, bankers, shippers, and plantation owners

IMPORTANT PEOPLE

George Washington: Elected president of the convention

James Madison: Provided ideas to the Virginia Plan and wrote the Bill of Rights

Thomas Jefferson: Insisted a Bill of Rights (a summary of citizens’ freedoms) be included

Patrick Henry: One of the most vocal opponents of the Constitution

1. 75% served in the Continental Congress

2. Most had helped write their state constitutions

3. 8 had signed the Declaration of Independence

4. 7 had been state governor

5. 21 had fought in the Revolutionary War

Not everyone supported this plan. Patrick Henry stayed home saying he “smelled a rat… tending toward monarchy.”

James Madison is often referred to as “the father of the Constitution”

GEORGE WASHINGTON

JAMES MADISON

THOMAS JEFFERSON

PATRICK HENRY

KEY ELEMENTS

Popular Sovereignty

Separation of Powers

Checks and Balances

The Great Compromise

Three-fifths Compromise

Limited Government

Slavery?

POPULAR SOVEREIGNTY

Popular Sovereignty: A government system in which the people rule The people—not the king, dictator, or president—are supreme

“Not only the cornerstone, but the foundation of the fabric.”

This had become an American tradition with the Mayflower Compact (consent of the governed) and John Locke’s view of a social contract

SEPARATION OF POWERS

Three branches Executive: Enforce the laws (carries out the

laws)

President, Vice President, President’s Cabinet

Legislative: Create the laws

Bicameral (two houses)

House of Representatives

Senate

Judicial: Interpret the laws

Supreme court and other federal courts

The founders took this idea from Charles de Montesquieu

CHECKS AND BALANCES

Checks and Balances: the power of each branch of government is balanced and checked by the other branches

“All power in human hands is liable (likely) to be abused.”

THE GREAT COMPROMISE

The Virginia Plan STRONG national government

Bicameral (two houses in Congress)

Representation by population

The New Jersey Plan Weak national government

Unicameral (one house in Congress)

Equal representation

The Great Compromise: The Legislative Branch would be split in two

The House of Representatives (law-making house w/ representation by population)

The Senate (law-making house w/ equal representation)

“That the proportion of suffrage (votes) in the first branch should be according to the respective numbers of free inhabitants (representation by population), and that in the second branch or Senate, each State should have one vote and no more (equal representation).”

ACTIVITY: THE VIRGINIA PLAN V. THE NEW JERSEY PLAN

THE THREE-FIFTHS COMPROMISE

The Three-Fifths Compromise: Three-fifths of the slave population would be counted for representation

Why did slave states want slaves to count toward their population?

With slaves counting toward their population, how did this also hurt slave states?

LIMITED GOVERNMENT

Limited Government: the Constitution limits the National government’s power

Control trade

Raise an army

Declare war/make peace

Print money

Grant patents/copy rights

Create federal courts

Govern territories

Admit new states

Run the postal service

Control immigration

Collect taxes

Borrow money

Make and enforce laws

Create banks

SLAVERY?

Slavery had been banned in several Northern states

Delegates from South Carolina and Georgia refused to agree to the Constitution if slavery was banned

Compromise: Congress could not ban the slave trade until 1808

AGREEMENT

September 17, 1787: Congress signed the Constitution and sent it to the states to be ratified

DISAGREEMENT

Federalism: a system of government in which power is shared between the national government and state governments Federalists called for a strong national

government (supported ratifying Constitution)

Anti-federalists didn’t want a strong national government (opposed ratifying Constitution)

THE FEDERALIST PAPERS

The Federalist Papers, written by James Madison, Alexander Hamilton, and John Jay, explained why a strong national government was necessary

THE DEBATE

Federalists

“I am persuaded that a firm union is as necessary to perpetuate our liberties as it is to make us respectable; and experience will probably prove that the national government will be as natural a guardian of our freedom as the state legislatures.” – Alexander Hamilton

Anti-Federalists

“Your president may easily become king: Your Senate is so imperfectly constructed that your dearest rights may be sacrificed by what may be a small minority; and a very small minority may continue for ever unchangeably this government, although horridly defective. Where are your checks in this government?” – Patrick Henry

Rural areas (low population) feared a BIG government would increase taxes

Large states with strong economies wanted to keep the Articles of Confederation

What groups do you think opposed the new Constitution?

ACTIVITY: THE FEDERALIST PAPERS

Read The Federalist “Number 51” on page 255 and the Objections to the Constitution on page 256 and answer the following questions with complete sentences.

1. Why does James Madison believe that the Constitution should be ratified?

2. According to James Madison, how could abuse by the majority be prevented?

3. What does George Mason fear?

4. In what ways does George Mason believe the government will abuse its power?

5. Compare both arguments.

6. Whose argument do you think is most convincing? Why?

RATIFICATION

1. To convince Anti-Federalists, the Federalists promised to add a Bill of Rights

2. States began ratifying the Constitution

3. In June 1788 9/13 states had ratified the Constitution

4. Two of the most populated states (New York and Virginia) had yet to ratify it 1. Virginia feared the shift from 9/13 to a simple majority (7/13)

2. New York wanted to wait until a Bill of Rights was added

5. In 1790, Rhode Island became the final state to ratify the Constitution

Why do you think Virginia feared this?

THE BILL OF RIGHTS

“I like very much the general idea of framing a government, which should go on of itself… but I do not like, first, the omission (leaving out) of a bill of rights… Let me add that a bill of rights is what the people are entitled to against every government on earth, general or particular; and what no just government should refuse.” – Thomas Jefferson

THE BIGGEST STRENGTH?

Congress had the power to amend (change) the Constitution The first change: Adding the Bill of Rights (the first ten amendments)

Why is this so important?

ACTIVITY: THE BILL OF RIGHTS

STRENGTHS OF THE NEW GOVERNMENT

1. Congress could collect (levy) taxes

2. Congress had the power to control interstate and foreign trade

3. It created a national court system

4. It created a branch to enforce the laws

5. It had a balance between equal representation and representation by population

6. Congress could change the Constitution with a 2/3 vote

7. Congress could pass laws with a majority vote

Articles of Confederation: 100% needed Constitution: 66% needed

Articles of Confederation: 69% needed Constitution: 51% needed

ACTIVITY: STRENGTHS OF THE U.S. CONSTITUTION