Post on 20-Jan-2016
transcript
Constitutional Reform • American political ideology changed from
the beginning of the American Revolution to the late Confederation period: –In the 1770s, American political leaders
saw tyrannytyranny as the greatest threat to the USA
–But…by the mid-1780s, they saw ordinary citizensordinary citizens who lacked virtue as the greatest threat
Thus, states created weak state governors & a weak Articles of Confederation
The problem is an excess of democracy not an excess of tyranny
Shays’ Rebellion will help prove this point to the Founding Fathers
Constitutional Reform • By 1787, the fatal flaws of the Articles of
Confed were exposed:–Shays’ RebellionShays’ Rebellion broke out among
desperate MA farmers who faced losing their farms or being sent to debtor’s prison
–Congress called for a meeting in Philadelphia to discuss revising the Articles & strengthening the national gov’t
Merchants in MA hired their own mercenary
militia to end the uprising
Congress did not have the tax funds to send an army
Shays’ Rebellion gave nationalists like Washington, Madison, Hamilton the
urgencyurgency to call for a stronger national gov’t
The Constitutional Convention in
Philadelphia, 1787
The Philadelphia Convention• Shay’s Rebellion led to increased
support for a stronger central government & more attendance at the Philadelphia Convention
• In May 1787, 55 delegates from all states (except RI) met to discuss revising the Articles of Confederation, but it soon became apparent that something more serious was needed
They did NOTNOT intend to replace the Articles
The Philadelphia Convention• The Philadelphia Convention delegates
in Philadelphia made 3 important (& illegal) decisions:–The Articles of Confederation were to be
completely replaced–Nothing from the meeting was to be
printed or spoken to the public–Every state got 1 vote but all decisions
needed a majority vote (not 9 of 13 states) to pass
Is this a government of the people?
To amend the Articles, all 13 states had to agree
Inventing a Federal Republic• Delegates incorporated 4 major
principles into this new gov’t: –Limited gov’tLimited gov’t—even though a
stronger gov’t was being created, citizens’ liberty is protected
–RepublicanismRepublicanism—the people vote for their leaders
–Separation of powersSeparation of powers—three branches with defined powers
–FederalismFederalism—the national gov’t shares power with state gov’ts
The Preamble to the ConstitutionThe Preamble is the introduction to the Constitution which spells out why the new government was created
Read the Preamble and answer the three discussion questions
The Articles of the Constitution The Constitution is made up of 7 articles that describe the structure & powers of the national government
Use the copy of the Constitution to answer the scavenger hunt questions
Preamble
Article IThe Legislative Branch Article IIThe Executive Branch Article IIIThe Judicial Branch Article IVRelationship Between the States and the Federal Government Article VAmending the Constitution Article VISupreme Law of the Land Article VIIRatifying the Constitution
27 Amendments
Three Branches of Government
Federalism
Critical Thinking Critical Thinking Question AQuestion A: :
Large States vs. Large States vs. Small StatesSmall States
Inventing a Federal Republic• William Paterson
presented the New Jersey PlanNew Jersey Plan:–Congress given
power to tax–Each state had
one vote in a unicameral legislature
–But Articles mostly untouched
• James Madison presented the Virginia PlanVirginia Plan:–Bicameral
legislature –Larger states had
more representatives
–Create a chief executive appointed by Congress
Small states objected to this large-state dominance
The large states listened politely then
overwhelmingly voted against it
The Great Compromise• Roger Sherman helped resolve the
differences between the large & small states by proposing the Great Great CompromiseCompromise–Congress would be a bicameral legislature
(House & Senate)–Each state was given 2 delegates in the
Senate –House of Representatives was determined
by state population
Also known as the “Connecticut” Compromise”
Victory for the small states
Victory for large states
Only the House of Reps could introduce tax bills
What did Congress look like after the
Great Compromise?
Critical Thinking Question BCritical Thinking Question B: : Southern Slave States vs. Northern Free StatesSouthern Slave States vs. Northern Free States
The 3/5 Compromise • Problems still remained between the
northern & southern states regarding how to count population size (do slaves count?)
• The Three-Fifths CompromiseThree-Fifths Compromise settled the issue:–Three-fifths of the slave population could
be counted toward representation in the House of Representatives
Critical Thinking Question CCritical Thinking Question C: : To End Slavery or NotTo End Slavery or Not
Compromising with Slavery• Despite the contradiction slavery
posed, Southerners threatened to leave the USA anytime the slave question was discussed
• As a compromise for the South, the slave trade could continue to 1808 & runaway slaves returned
“Great as the evil is, a dismemberment of the Union would be worse.”
—James Madison
The Last Details• In 1787, a final draft included:
–Electoral College to vote for the president to “filter the masses”
–System of checks & balances among the 3 branches of gov’t
–President would serve for 4 years rather than for life
• Delegates decided against a Bill of Rights because most state constitutions already had them
Including ideas once considered tyrannicalIncluding ideas once considered tyrannical: Presidential power to appoint judges & presidential veto power over Congress
FYI: Electoral Votes (2000 Census)
James Madison helped broker many of the compromises that made the
Constitution possible & is referred to as the “father of the Constitution”
Key Ideas of the Constitution Popular Sovereignty: the people have power by voting for leaders
Limited gov’t: even though the national gov’t was stronger, citizens’ liberty was still protected
Federalism: the national gov’t shares power with state gov’ts
The Constitution was a radical shift from the Articles of Confederation because it gave more power to the national gov’t than to the state gov’ts
The supremacy clause establishes the Constitution (not the states) as the
"the supreme law of the land"
FederalismFederalism—state gov’ts & the national gov’t both have power
A state law cannot contradict a national law
Key Ideas of the Constitution Separation of powers: three branches with defined powers
Article 1: Legislative Branch
House of House of RepresentativesRepresentatives
SenateSenate
Key Ideas of the Constitution Only Congress can make laws, declare war, create taxes
The “elastic clause” gives Congress implied powers
to make laws seen as “necessary & proper”
The Senate ratifies treaties & confirms
judicial appointments
Article II: Executive Branch
Key Ideas of the Constitution
The president can only recommend legislation to
Congress but can veto bills
The president oversees the bureaucracy
Chief Agenda Setter
Chief of State
Commander-in-Chief of the military
Article III: Judicial Branch
Key Ideas of the Constitution
The only court mentioned in the Constitution is the
Supreme Court
Key Ideas of the Constitution
Checks & balances: each branch can limit the power of the others
The Struggle for Ratification
The Struggle for Ratification
• The delegates in Philadelphia knew that ratification of the new Constitution would not be easy:–They had no authority to change the
Articles of Confederation–They did not inform the public of their
ongoing decisions–They fundamentally altered the
relationships between the states & the central government
Federalists & Anti-FederalistsFederalistsFederalists
• Supported ratification of the Constitution
• Were well-organized & educated
• Used Federalist Federalist PapersPapers to argue for ratification
• Had the support of the media
Anti-Federalists Anti-Federalists • Against ratification
–Distrusted of a gov’t that removed power from the hands of the people
–Claimed the new Constitution favored the upper class
Authored by Madison, Hamilton, & Jay
“The Constitution is itself a Bill of Rights”
Anti-Federalists argued for more protection of
individual liberties
Ratification of the Constitution
Adding the Bill of Rights• To win ratification, the Federalists
agreed to add a Bill of Rights–With this protection of citizens’
liberty, all 13 states agreed to ratify the Constitution
–Constitution became the official the law of the land in 1789
• After bitter fight, most Americans chose to support the Constitution
If 1776 was the 1st American Revolution… 1787 was the 2nd American Revolution
Discussion Questions• Which of the following ideas was most
important to the framers of the Constitution in 1787?– Federalism– Separation of powers?– Checks and balances?– Republican democracy?– Gov’t limited by the people?
• Which is most important today?
The Constitution proved to be a successful form of government; Today, the Constitution is the oldest existing written gov’t in the world & has become a model for other nations
Charles Beard, Economic Interpretation of the Constitution