Rocky Road to the Constitution

EQ: What compromises emerged from the Constitutional Convention?

Articles of Confederation Quiz

1. What was the purpose of the Articles of Confederation?

2. Under the Articles what powers did the national government have? List at least 3

3. Under the Articles what powers did the national government not have? List at least 3

4. Why was a convention called?

Articles of Confederation• 1st plan of the U.S gov’t-cooperated for

common purpose/each state=1 vote• Good: make war/peace, raise an army

& navy, print $, set up postal system • Bad: Couldn’t raise taxes, enforce laws• Success: NW Land Ordinance

– W lands divided into 6 mile sq’s-townships, once there was 60k apply for statehood

• Failure: $ Problems, $ printed during war was pointless, no gold or silver

• Shay’s Rebellion: Farmer Daniel Shay and followers closed down courthouse

• CALL For Convention Fear of Shay’s rebellion and revise A of C

Convention• Delegates: 55 white men from 12 states (R.I

boycotted). Men were “well-bred, well-fed, well-read, and well-wed”– 2/3 were lawyers and 1/3 owned slaves– Father of Convention: James Madison took over

600 pages of notes. Studied ancient and modern gov’t

– Secrecy: Very Serious no one outside knew what was going on

• Committed to Ideals of D.O.I: Basic purpose of gov’t was to protect life, liberty, and pursuit of happiness

• Power of Gov’t came from who?– Republic- a country governed by elected

representatives– State Constitutions embraced republican ideals

• Biggest Concern: HOW powerful should the gov’t be?– TOO STRONG= LOSS OF INDIVIDUAL LIBERTY– TOO WEAK=CANNOT PROTECT LIBERTY &

PROPERTY

Issue #1-How should the states be represented in the new government?

• GOAL: REVISE ARTICLES• Virginia delegation New plan:

– THROW OUT ARTICLES Create a Constitution• Virginia Plan: Called for a strong nat’l gov’t with 3 parts

1. Legislative Branch w/2 houses-Makes laws-# of lawmakers states sent to Congress depended

on states population (more people=more reps)2. Executive Branch-carry out laws3. Judicial Branch-enforce laws

• Who does this proposal benefit?

Issue #1-How should the states be represented in the new government?

• New Jersey Plan: Small states disliked the Virginia plan!!!!

• William Patterson of N.J New Plan– Called for a gov’t w/3

branches– Legislative Branch have 1

House (not 2)– Each state has equal votes

regardless of size• Kept the small states from being

swallowed up by large states

GREAT COMPROMISE

• Roger Sherman of Connecticut came up with a plan that saved the convention

• 2 Houses of Congress!!!– House of

Representatives represent people based on population

– Senate represents the states, each states has 2 senators

Issue #2-How would slaves be counted?

• Question: Are slaves people or property?

• 9/10 of slaves live in the South wanted slaves to count as people

• North: Slaves = Property, argued if they count as people let them free!!!

• Resolution: 3/5 Compromise (James Madison)– Slaves would be counted as 3/5 a person

when determining population– Violation of D.O.I?– Congress got power to control trade

South nervous about taxes on exports/slave trade• Compromise=no taxes on exports and

Congress couldn’t interfere with slave trade for 20yrs

• Fugitive Slave Clause-Escaped slaves had to be returned to owners

Issue #3-How should the Chief Executive be elected?

• 1 executive or 3???– Congress agreed on 1 executive =President, 4 year

term, and has a VP• How to choose the executive=People or

Congress?• Resolution=ELECTORAL COLLEGE!!!– Took 60 votes!!!

• Special body that elects gov’t leaders

Resolution=ELECTORAL COLLEGE!!!

• Made up of electors who cast vote for president every 4 years

• Same # of electors in electoral college as there are in congress

• Originally voted for 2 cadidates w/o saying who was for Pres/VP, most votes became Pres.

• Problems with the electoral college? 2000 election

Convention Ends

• Needed 9 states to ratify, but who should ratify?– Ratify: to approve a plan or agreement– Thought the people were the

“fountain of all power”

• Had a special convention to ratify Constitution-Delegates were elected by the people

• September 17, 1787: Constitution complete, printed in every newspaper

• Plan created a federal system of gov’t: Where a strong nat’l gov’t shares powers with the states

Federalists/Anti-Federalists

Federalist• Supported the Constitution

– James Madison, Alexander Hamilton

– Believed in a strong nat’l gov’t feared freedom would be threatened and rights would be taken away

– Federalists Papers: Newspaper essays, recalled the weaknesses of gov’t under the Articles

Anti-federalist• Opposed the Constitution

– Felt Congress would ruin the country w/taxes

– Didn’t list the rights of people– Saw the president as a king– Judicial Branch would

swallow up state courts