How did the Founding Fathers address the government’s problems through the Constitution?

LESSON 6

Why was there a motivation to create a Constitution?

I. 1787: The Constitutional Convention

A. PURPOSE: Revise the Articles

B. MOTIVATION: Shays’ Rebellion convinced 12 states to send delegates

C. 90% of the population was not represented at the Convention

D. 55 delegates representing 12 states (ex. Rhode Island)

Shays’ Rebellion (1786-1787)

Shays’ Rebellion (1786-1787)

Why was there a motivation to create a Constitution?

E. Founding Fathers

James Madison

George Washington

Benjamin Franklin

Alexander Hamilton

F. RESULT: The delegates decided to write a new Constitution

Why was there a motivation to create a Constitution?

G. Constitutional Convention (1787): Originally event for revising Articles1. Landowners’ fears fueled changes2. Attempt to check power of the masses3. A meeting of demigods: people who were

highly honored or revered4. Need for balance states rights within federal

structure

H. Two main factions develop1. FEDERALISTS: Favored strong central

government2. ANTIFEDERALISTS: Preferred balance of

power remain with states

Why was there a motivation to create a Constitution?

I. Factions each had something to protect

1. SMALL STATES: Protect voice in government; also feared overwhelming government

2. LARGE STATES: Continue pursuit of interests (i.e., Southern planters)

3. NORTH: Continue trade with Europe

4. SOUTH: Protect mercantilist ideals

KEY CONFLICTS IN THE CONSTITUTIONAL CONVENTION

STRONG CENTRAL GOVERNMENT vs. STRONG STATES

Authority derives from the people

The central government should be stronger than the states

Authority derives from the states

The states should remain stronger than the central government

KEY CONFLICTS IN THE CONSTITUTIONAL CONVENTION

LARGE STATES vs. SMALL STATES

Congress should be composed of two houses

Delegates should be assigned according to population

A congress of one house should be preserved

Each state should have one vote

KEY CONFLICTS IN THE CONSTITUTIONAL CONVENTION

NORTH vs. SOUTH

Slaves should not be counted when deciding the number of delegates

Slaves should be counted when levying taxes

Slaves should be counted when deciding the number of delegates

Slaves should not be counted when levying taxes

How did the Founding Fathers attempt to address the conflicts between the states?

II. THE CONSTITUTION: A “Bundle of Compromises”

A. ISSUE 1: How should the people be represented in Congress?

SIDES

SMALL STATES NEW JERSEY PLAN Single-house Congress Congress to appoint executive and

courts Each state has one vote Congress has power to tax and

regulate commerce Favored the small states

II. THE CONSTITUTION: A “Bundle of Compromises”

A. ISSUE 1: How should the people be represented in Congress?

SIDES

LARGE STATES VIRGINIA PLAN Written by James Madison

Bicameral legislature (2 chambers)

Membership determined by population

Lower House elected by people

Upper House appointed by lower house

More power to large states

COMPROMISE

This compromise was known as the GREAT COMPROMISE.

Creation of a bicameral legislature Two chambers of Congress:

HOUSE OF REPRESENTATIVES: Representation based on population

TOTAL REPRESENTATIVES

SENATE: Equal representation among the states (2 per

state)

TOTAL REPRESENTATIVES

TOTAL REPRESENTATIVES IN CONGRESS

435435

100100

535535

B. ISSUE 2: Should slaves be counted as part of the population for representation in Congress?

SIDES

NORTH:

NO! Counting slaves gives South advantage in Congress… but you can count them for tax purposes!

SOUTH:

YES! Slaves give South greater influence within national government… but don’t count them for taxes!

B. ISSUE 2: Should slaves be counted as part of the population for representation in Congress?

COMPROMISE

This compromise was known as the THREE-FIFTHS (3/5) COMPROMISE

3 of every 5 slaves were counted in population for tax and representation purposes

C. ISSUE 3: Does the federal government have the power to control commerce (trade)?

SIDES

NORTH: Engaged in trade Wanted Congress to have the power to establish

uniform trade regulations and protect shipping

SOUTH: Mostly agricultural Opposed central government having the power to

levy (charge) tariffs States remain sovereign (independent in power)

C. ISSUE 3: Does the federal government have the power to control commerce (trade)?

COMPROMISE

This compromise was known as the TARIFF COMPROMISE

Congress can control interstate trade

Congress can tax imports but not exports

D. ISSUE 4: How should the Chief Executive of the new government, the President of the United States, be selected?

SIDES

FEDERALISTS:

Popular election of executive

ANTIFEDERALISTS:

Indirect election by representatives for each state

D. ISSUE 4: How should the Chief Executive of the new government, the President of the United States, be selected?

COMPROMISE

This compromise was known as the PRESIDENTIAL COMPROMISE

INDIRECT VOTE: A body of electors known as the Electoral College should select the president, not a popular vote

Four-year terms to ensure turnover and transition

No limit to the number of terms

What issues existed leading to the ratification of the Constitution?

III. RATIFICATION OF THE CONSTITUTION

A. Final ratification: 9 of the 13 states needed to agree to ratify the Constitution

B. Federalists vs. Antifederalists: Key factions that still argued over how much power the national government would have

What issues existed leading to the ratification of the Constitution?

FEDERALISTS ANTIFEDERALISTS

WHO?

• Property class

• Educated

• Rich

• Typically lawyers

BELIEFS:

• Constitution would provide law and order, economic prosperity, and international respect

WHO?

• Commoners, city workers, and farmers loyal to state power

BELIEFS:

• Feared the Constitution would threaten the power of the states

• Felt Constitution served the upper classes

• Would threaten their civil liberties (individual rights)

What type of governmental system did the Constitution eventually bring?

C. Federalism: The concept of the division of powers between a central government (also known as the federal government or national government) and each of the governments of the states.

1. DELEGATED POWERS: Powers written in the Constitution that are expressly given to the federal government

2. RESERVED POWERS: Powers not delegated to the federal government are reserved by the states

3. CONCURRENT POWERS: Powers shared by the federal government and the states

What controversy existed over how much power the national government would have?

D.Elastic Clause (IMPLIED POWERS):

The power of the federal government that is not found or specifically listed in the Constitution, but is used when it is “necessary and proper.”

Article I, Section VIII, Clause 18

The Congress shall have power …To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

CONTROVERSY REGARDING THE ELASTIC CLAUSE

FEDERALISTS ANTIFEDERALISTS

Favored the elastic clause because it gave more power to the federal government

For or against the elastic

clause?

Against the elastic clause because they believed that the power of the federal government should be limited

LOOSE CONSTRUCTIONISTS: Supported a broad interpretation of the Constitution

How did they interpret the

Constitution?

STRICT CONSTRUCTIONISTS: Favored a literal (word-for-word) interpretation of the Constitution

Believed in the need for the elastic clause because, when necessary, it increased the power of the federal government

How did they justify their

beliefs?

Believed that the Founding Fathers’ beliefs should be interpreted the way they were written you can’t read into their beliefs!

Powers Denied to the Federal Government

E. Powers denied to the Federal Government: The federal government cannot…

1. Spend money without Congressional approval

2. Deny persons due process of law

3. Grant titles of nobility

4. Levy taxes on exports

Powers Denied to the Federal Government

5. Suspend the writ of habeas corpus (except during war)

WRIT OF HABEAS CORPUS: A court order requiring authorities to bring a prisoner before the court so that the court can determine whether the prisoner is being held legally

EXCEPTIONS: Jailing of Confederates during the Civil War (Abraham Lincoln), Japanese internment during World War II (Franklin Roosevelt), incarceration of suspected terrorists after 9/11 (George W. Bush)

Powers Denied to the Federal Government

6.Pass a bill of attainder

BILL OF ATTAINDER: A law that declares a person or group guilty of a crime without a court trial

7.Pass an ex post facto law

EX POST FACTO LAW: A law that is passed that makes criminal an action that was legal when it was committed “after the fact”

Powers Denied to the State Governments

F. Powers denied to the state governments

1. Print money

2. Enter into foreign treaties

3. Levy taxes on goods from other states

4. Go to war

How did the Framers guarantee that the federal government would not assume too much power?

G. Separation of powers1. Power is separated

into three branches at the federal level

2. CHECKS AND BALANCES: Each branch of the federal government has the power to check the power of the other branches

RESULT No one branch has too much power

POWER AT THEFEDERAL LEVELPOWER AT THEFEDERAL LEVEL

LEGISLATIVE BRANCH

Makes Laws

LEGISLATIVE BRANCH

Makes Laws

EXECUTIVE BRANCH

Enforces Laws

EXECUTIVE BRANCH

Enforces Laws

JUDICIAL BRANCHInterprets Laws

JUDICIAL BRANCHInterprets Laws

Why was the Constitution still threatened?

IV. HOW THE CONSTITUTION WAS RATIFIED

A. State constitutional conventions voted on ratification

RESULTS:

1. 11 voted to pass (North Carolina, Rhode Island voted against)

2. George Washington became President

3. North Carolina and Rhode Island then ratified

George Washington

Why was the Constitution still threatened?

B. The Federalist Papers: A series of essays written in support of ratification of the Constitution

1. Targeted at large states still unsure (Virginia, New York, Massachusetts)

2. Written by key framers of the government

James Madison

Alexander Hamilton

John Jay

Why was the Constitution still threatened?

C. Bill of Rights: In order to get needed support for ratification, the Federalists promised the Antifederalists that the Bill of Rights would be added to ensure the protection of natural rights and prevent the abuse of government.