Unit 2 How did the Framers Create the

Unit 2 How did the Framers Create the Constitution?

Purpose Articles of Confederation were first attempt to establish a national government Proved inadequate 1887 Fifty-five “Framers” met in Philadelphia to draft the Constitution Understand why Aof. C was inadequate Why was the Constitution created the way it was What issues were raised

Lesson 8 What Were the Articles of Confederation, and Why Did Some Founders Want to Change Them?

Purpose Be able to describe the A of C Explain why some people thought the government was not strong enough under them Evaluate, take, and defend positions on the strength and weaknesses of the A of C, singificance of the NW Ordinance, and Americans’ mistrust of a strong national government

Articles of Confederation Colonists wondered how to manage economic and political relationships among states How would they settle disputes between states Border disputes Who represents the colonies to the rest of the world? Union or confederation: sovereign states delegate power to a central government for specific purposes

Problems the Aof. C addressed Fear of strong central government Most colonists identified with their state Saw the need for a central government to win Revolutionary War Also saw that Britain’s strong central government had deprived them of their rights Solution was a “firm league of friendship” No authority over any person in any state Congress could not tax states or individuals directly Could not regulate trade among various states

Problems the Aof. C addressed Fear that some states would dominate others in central government Problem Solution • Voting • 1 vote per state, large majority wins • War expenses (by population? ) • Funds by improved land • Territorial clams • Some land ceded to central government

Achievements of National Government under A of C Won independence No executive or judicial branch but congress had executive departments of finance, foreign relations, and military affairs – later cabinet departments Could hear appeals from state courts Northwest ordinance of 1787 – north of Ohio, east of Mississippi – later OH, MN, IL, WI, MI Laid out process by which territory becomes state No slavery

Weaknesses Congress had no power to tax – could only request payment from states to support cost of central government Congress could make agreements with foreign nations but had no power to enforce them Could not regulate trade among states or other powers Could not regulate behavior of citizens The Loyalists problem

Shays’ Rebellion 1786 – several hundred farmers in western Mass gathered under Daniel Shays – The Regulators (wanted to regulate the power of the state gov. ) Farmers mad because they had never been paid for their service in War, lost homes and farms to creditors] Tried to acquire arms from militia: failed Scared many people and illustrated the need for a stronger central government.

Lesson 9 How was the Philadelphia Convention Organized?

Purpose Understand that in Philadelphia, 1787, a group of delegates began writing the Constitution Understand the Virginia Plan Describe the organizing phase of the Philadelphia Convention Explain the significance of the rules and agenda for effective civil discussion Evaluate, take, and defend positions on determining what interests should be represented in a constitutional convention and the advantages/disadvantages of secrecy in governmental deliberations There to amend the Articles of Confederation

Who was there? 55 delegates : Now called the “Framers” of the Constitution Appointed by their state legislatures Some states sent more than one, although each state only got one vote on issues Average age: 42, 3/4 ths Congressmen, Some wealthy, but most were not 8 played particularly significant roles: GW, James Madison, Benjamin Franklin, Alexander Hamilton, James Wilson, Gouverneur Morris, Edmund Randolph, Roger Sherman

Notable Absences Thomas Jefferson: US minister to France, in Paris John Adams: US ambassador to Great Britain Patrick Henry (Revolutionary Leader): refused to attend saying, “I smell a rat” Rhode Island refused to send a delegate: did not want strong national government – thought it could exercise veto power

What do you Think? What criteria would you use to select a group of people to draft a constitution today? How many people would you select? What interests should be represented? Any that should not be represented?

Rules for the Convention After selecting GW president of convention, delegates began making rules for meeting Delegates from at least 7 states had to be present in order to do business If a delegate’s absence would leave a state without representation, then he had to get permission to be absent When rising to speak, a delegate had to address the president. Others could not pass notes, hold conversations, read a book, pamphlet, or paper

Rules for Convention (continued) Not allowed to speak more than twice on same issue Committees could be appointed as necessary Any decision made by convention was subject to reconsideration and change Conventions proceedings were to remain secret These rules established basis for civil discourse: a reasoned discussion in which every member has the opportunity to speak or question

4 Committees Over 4 months these rules guided debate – 4 committees appointed to suggest critical solutions 1. Problem of representation in Congress 2. A Committee of Detail to write a draft of the constitution 3. Committee on Postponed Matters: how to elect the national president 4. Committee on Style to prepare the final language

Critical Thinking: Why the Secrecy? Opponents criticized the rule of secrecy Argued that secrecy alone was reason to reject the Constitution: Isn’t it the public’s business? Senate and House committees on military intelligence still held in secret Deliberations of juries, the Supreme Court, federal courts of appeals – not ever open to public

Critical Thinking: Why the Secrecy? What are advantages and disadvantages of conducting some governmental matters in secret? In what ways can secret proceedings protect or threaten individual rights? What proceedings, if any, do you believe should be conducted in secret?

What was the Virginia Plan? Many people believed the A of C should be scrapped Madison had come up with a new plan – The Virginia Plan Proposed a strong national government – could make and enforce laws Each citizen would be governed by rules of national and state government Both got authority from the people – What’s that called again?

What was the Virginia Plan? Federal system: 2 governments, state and national Recommended the following: 3 branches – legislative, executive, judicial 2 houses in legislative branch Proportional representation – House and Senate representation based on population Could regulate trade Could strike down state laws that it considered to be violation of national interest Congress had power to call forth armed forces if necessary to enforce laws made by congress

Lesson 10 Why Was Representation A Major Issue at the Philadelphia Convention?

Purpose Understand the issue of representation at the Philadelphia Convention – whom did the national government represent (state, people, both? ) Be able to explain the difference between the Virginia Plan and the New Jersey Plan Importance of the Great Compromise Understand the Three-Fifths Compromise Evaluate, take and defend positions on why major issues debated at the Philadelphia convention are still on the national agenda

Review: Virginia Plan Federal system: 2 governments, state and national Recommended the following: 3 branches – legislative, executive, judicial 2 houses in legislative branch Proportional representation – House and Senate representation based on population Could regulate trade Could strike down state laws that it considered to be violation of national interest Congress had power to call forth armed forces if necessary to enforce laws made by congress

Disagreements about Representation 2 house system widely accepted It was the proportional representation that was controversial Madison believed states should not be represented as states but rather each representative should serve a district in the national government’ Other delegates believed that the national government derived from and represented the states, not the people] Smaller states wanted equal representation: at least one house in legislature should be equal New Jersey rep William Paterson asked for time from convention to draw up an alternative to Virginia Plan

New Jersey Plan Keep most of A of C ideas Executive Branch: made up of members of congress, Supreme court: appointed by the officials of executive branch, could decide cases involving treaties, trade among the states or with other nations and collection of taxes Only one house in congress with following powers: Could levy import duties and stamp tax, also had power to collect taxes Regulated trade, internal and external Laws and treaties above state laws

Failure New Jersey Plan was voted for by only Connecticut, Delaware, New Jersey, and Alexander Hamilton Bicameral legislation still biggest issue Voted on bicameral and resulted in tie Convention looked to be becoming a complete failure! Special committee made to develop a plan to save the convention: 1 rep from each state

Critical Thinking What should be done to satisfy all the delegates from varying states? How should the legislature be made up?

Great Compromise Special committee came up with Great Compromise 1. House of Representatives should be elected by the people on basis of proportional representation 2. There should be equal representation of each state in Senate, with each state getting 2 Senators 3. House of Reps makes bills for taxation and government spending 4. Senate should be limited to accepting or rejecting these bills Some delegates saw this as a step away from a strong national government and gave states too many rights

WDYT? Read the paragraph on pg 76. Do you agree with Madison that the Great Compromise was not a true compromise but a rejection of the principle of majority rule?

Lesson 12 How Did the Delegates Distribute Powers Between National and State Governments?

Purpose Relationship between state and national government is at the core of the first debates about our government Should be able to describe the major powers and limits on the national government, powers that are specific to states, and prohibitions the Constitution placed on state governments Issue of slavery, as well as other questions left unresolved in Philadelphia Be able to evaluate, take, defend positions on how limited government in the US protects individual rights and promotes the common good

National Government over State Government Article I, Section 4: Congress can make or change regulations regarding times, places, and manner of state elections Article I, Section 8: Congress can call militia into national service to “execute laws of the Union” Article IV Section 3: Congress can create new states Article IV Section 4: national government has the authority to guarantee each state is a Republican form of Government

National Government over State Government Article IV, Section 4: Requires national government to protect states from invasion or domestic violence Article VI, Section 2: Supremacy Clause, any and all laws and treaties approved by Congress are supreme law of the land. State judges must follow Constitution and/or federal laws and treaties if there is a conflict with state laws

Limits on National Government National government cannot suspend the writ of habeas corpus – unless in case of rebellion or invasion (Article I, Section 9) National government cannot pass ex post facto laws or bills of attainder Ex post facto: changes legality of an act after it has occurred Bills of attainder: declares a person guilty of a crime and decrees punishment without trial

Limits on National Government National government cannot suspend right to trial by jury (Article III, Section 2) Constitution protects citizens from accusations of treason with narrow definition, Congress cannot modify this definition (Article III, Section 3) Others include: cannot impose religious tests, impeachment clause protects right to trial, cannot take money from treasury without appropriation laws nor can it grant titles of nobility

Limits on State government Article I, Section 10: cannot coin money, cannot pass laws with allow violation of contracts, no ex post facto or bills of attainder, cannot make treaties or declare war No nobility! No laying duties (taxes on imports/exports) Cannot keep troops or ships of war in time of peace

Limits on State Governments Article IV prohibits: Unfairly discriminating against citizens from other states Refusing to return fugitives from justice to the states from which they fled* In what ways do these limitations on state and national governments protect individual rights and promote common good?

Issue of Slavery Many people thought it was purely a state issue Also wanted southern states to sign off on Constitution Article IV, Section 2: “Fugitive Slave Clause” Issues of commerce – southern states didn’t want national government to pass tariffs to make it harder to import slaves Article I, Section 8: national government would not interfere with the importation of slaves to the US earlier than 1808

Issues not addressed in Philadelphia Questions on citizenship: left to each state, Were African Americans in the north citizens? Voting rights a state issue: usually had to own land Could states secede?

Lesson 13 What was the Anti-Federalist Position in the Debate about Ratification?

Purpose What is the process of ratification? Federalists – supported proposed Constitution Anti-Federalists – opponents of Constitution Be able to explain why the Anti-Federalists opposed ratification Explain the role of Anti-Feds in proposing a bill of rights Evaluate, take, defend a position on the validity and relevance of Anti-Feds arguments

Ratification process: Article VII: only 9 states needed to establish Constitution between states Would be voted on by the people of each state at special conventions, not in state legislatures This plan is an example of Social Contract Theory

Debate over Constitution After Philadelphia Convention, proposed Constitution released to public – largely opposed in New York, Mass, Penn, and Virginia Debate raged in form of pamphlets and publications Most used pseudonyms so that their arguments would be read on merits rather than on the reputations of the authors What would be different today if we were writing a Constitution? Where would it be debated? Would authors use Psuedonyms?

Key Anti-Federalist Opposition Both sides believe in republicanism – power with legislature Anti-Feds believed only small communities of citizens with similar interests and beliefs could govern themselves – a large diverse state or nation cannot sustain a republic A single government imposing uniform rule on diverse and varied community Large distances keep constituents away from their elected officials Civic virtue important

Specific Objections Congress has ultimate authority over states – state legislatures and individual liberties could be taken away President has unlimited power to grant pardons National courts more powerful than state/local courts – could destroy them

Specific Objections Worried that system of checks and balances could be used against peoples liberties Treaties made by president but ratified by Senate – no connection to House which is only branch directly answerable to the people Executive and legislative are more mixed than separated – could conspire against state and local governments Believed too few representatives – soon an elite privileged group would dominate the national gov.

Bill of Rights Each state had a list of rights that the state government could not infringe Philadelphia Convention had rejected a bill of rights for Constitution Anti-Federalists rallied behind this in hopes to defeat the Constitution

Bill of Rights National government is too far removed from the average citizen to adequately protect their individual rights National governments power is too vague – could be limitless Since rights are not explicitly protected – government is free to violate them States have them – and they are weaker than the national government Bill of rights is necessary to remind people of the principles of government – basically why it exists