HOW DID THE FRAMERS CREATE THE CONSTITUTION Unit

HOW DID THE FRAMERS CREATE THE CONSTITUTION? Unit 2

WHAT WERE THE ARTICLES OF CONFEDERATION, & WHY DID SOME FOUNDERS WANT TO CHANGE THEM? Lesson 8

WHY & HOW……CREATED Manage relationships among States Resolve disputes Relations with the rest of the world Sovereign States delegate power to a central government for a specified purpose June 7 th 1776…. 2 proposals Declaration Articles

PROBLEMS ADDRESSED BY ARTICLES Fear of a strong central government Fear that some States would dominate others Each State was its own country Ea. State 1 vote British gov had deprived ppl. of War paid according to their rights…. did not want a repeat with their new national gov To have republican gov…. needed to be in small communities not a large nation population

ACHIEVEMENTS UNDER ARTICLES Revolutionary War fought & won Secured recognition of American independence Northwest Ordinance of 1787 establishing the Northwest Territory and created a plan for its gov

WEAKNESSES OF ARTICLES Congress no power to tax Congress could make agreements with foreign nations, but it had no power to force State gov to honor Congress no power to make laws regulating trade among States Congress no power to regulate citizens behavior

ARTICLES NO MORE? ? Majority rule is the States did not adequately protect the natural rights of individual citizens or the common good, because majorities pursued their own interests at the expense of the rights of others. They thought this form of tyranny was every bit as dangerous as that of an uncontrolled monarch. Failed Annapolis meeting Shay’s Rebellion

HOW WAS THE PHILADELPHIA CONVENTION ORGANIZED? Lesson 9

WHO ATTENDED 55 delegates 2 -8 per State Each State = 1 vote George Washington – president of the convention James Madison – greatest influence on organization of national gov Ben Franklin, Hamilton, Wilson, Morris, Randolph, Sherman

WHO DIDN’T ATTEND Rhode Island Jefferson, Adams were serving overseas Patrick Henry “I smell a rat” Hancock, Sam Adams, Richard Henry Lee =

RULES 7 State quorum Secret Free exchange of ideas Greater chance for passage Civil Discourse Decided early to scrap Articles – not amend – and start over

VIRGINIA PLAN Madison’s plan for a strong national gov Federal system 3 branches (legislative supremacy) Bicameral Congress based on proportional representation Congress regulate trade Congress strike down State laws that contradict national Congress could call forth armed forces and enforce State participation

WHY WAS REPRESENTATION A MAJOR ISSUE AT THE PHILADELPHIA CONVENTION? Lesson 10

DISAGREEMENTS ABOUT REPRESENTATION Bicameral was NOT debated Proportional vs Equal was debated The size of State determined which side of the debate you were on Big States wanted proportional Small States wanted equal With 2 chambers it was assumed that 1 would be proportional most likely the House…. . debated how the Senate would be apportioned

NEW JERSEY PLAN Keep the framework of the Articles Unicameral Congress would be able to tax Congress regulate trade Congress make laws & treaties Executive would be a group Judicial would be appointed by executive

MAIN DIFFERENCE BTW PLANS Virginia…. representing and acting on the people New Jersey…representing and acting on the States

RESOLUTION NJ Plan was voted down Virginia became the basis for the convention’s discussions Concerns that convention would fail due to continued disagreement over representation led to compromise.

GREAT COMPROMISE AKA Connecticut Compromise House of Reps = proportional Senate = equal (2 each State) House of Reps power to develop all $ bills

3/5 COMPROMISE Would each State receive representation in the House based on total population, free and enslaved? Would only free people be counted? Would people/districts with more property be more represented? S wanted slaves to count…. . N did not Compromise… Entire population counted- census Population = all free people + indentured servants + 3/5 of all other persons (slaves) For apportioning taxes slaves would count as 3/5 a person too

NEW STATES REPRESENTED? Balance btw N & S and existing & future was considered Some delegates argued that existing States should be given a perpetual majority Northwest Ordinance mandated that new States would be admitted on same playing field as existing States with the same rules for representation Every 10 years a census to reallocate seats in the House

WHAT QUESTIONS DID THE FRAMERS CONSIDER IN DESIGNING THE 3 BRANCHES OF NATIONAL GOVERNMENT? Lesson 11

Q 1 – BALANCE OF POWER Weak Executive branch – Legislatures would violate rights Created separated powers to achieve balance A government of separated institutions sharing powers

Q 2 – LEGISLATIVE POWER Deliberative body – thoroughly debate issues & avoid making hasty decisions Power to make laws was greatest power a government has (Locke) Congressmen not hold additional offices Congress would have enumerated powers Necessary & Proper laws

Q 3 – EXECUTIVE POWER Necessary foreign affairs & manage $ Needed to be independent to fulfill responsibilities In contrast to legislature (deliberative body)…. executive needs to act quickly when necessary for common defense, public peace, international relations Single or Plural? Single How long? 4 (max 10) Reelection eligible? yes

Q 4 – PRESIDENT SELECTION NOT Direct election because delegates did not trust the citizens Electoral College Organized every 4 years State legislatures chose members of the Electoral College # = Senators + House of Reps Each elector case 2 votes Highest vote getter President, 2 nd highest VP House of Reps breaks the tie

Q 5 – JUDICIAL POWER Judges appointed by President/Confirmed by Senate Criminal trials should be jury trials Only created Supreme Court and left the creation of lower courts to Congress Judges would be independent of politics Term of good behavior

Q 6 – DIVISION OF POWERS Separated & shared among 3 branches Veto=President checks Congress Appointments=Congress checks President Treaties=Congress checks President War=President commander in chief, Congress declares war Impeachment=Congress impeach President/Judges Judicial Review=Judicial check the other 2 branches

HOW DID THE DELEGATES DISTRIBUTE POWERS BETWEEN NATIONAL & STATE GOVERNMENTS? Lesson 12

POWERS OF NATIONAL GOV Fear of State governments threatening individual rights See bullets page 86 Supremacy clause

LIMITS ON NATIONAL GOV To prevent abuse… Writ of habeas corpus No ex post facto laws No bills of attainder No suspension of trial by jury Defines treason Limits on public servants… Congress not arrested during session No religious test Impeachment No titles of nobility Law required for $ from treasury

LIMITS ON STATE GOV’S Bullets pg 87

SLAVERY AFFECT POWER DISTRIBUTION No slave/slavery in Constitution Slavery was fundamentally a State institution…. If Constitution interfered with slavery then never would have ratified Fugitive slave clause 1808 ban

ISSUES LEFT UNADDRESSED National Citizenship – left to each State Voting Rights – each State had its own laws; elections left to States Right to secede – right to withdraw from the Union All these questions took a bloody Civil War to finally answer