Unit 2 Creation of

the Constitution

How did the Framers create the Constitution?

Essential Question

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

Lesson 9:     How was the Philadelphia Convention Organized?

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

Lesson 11: What Questions Did the Framers Consider in Designing the Three Branches of the National Government?  

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

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

Lesson 14:    What Was the Federalist Position in the Debate about Ratification?   

Unit Overview

After independence, the colonists first form of government, the Articles of Confederation, proved inadequate.

Fifty-five men, the Framers, met to create the US Constitution, during which they debated the most basic ideas about political life and government institutions.

In this unit, you will learn ◦ Why the Articles of Confederation were replaced◦ Why the Constitution was created as it was◦ How the debates over ratification raised issues debated to this

day.

Unit 2 Purpose

Lesson 8:What were the

Articles of Confederation, and Why Did

Some Founders Want to Change

Them?

This lesson examines the government formed by the Articles of Confederation.

This document reflects the political realities and divisions among the states as well as the need for unity.,

Many Americans felt the US government under the Articles lacked sufficient authority to meet the nation’s needs.

Purpose

Describe the Articles of Confederation.

Explain why some thought the Articles were too weak.

Evaluate, take, and defend positions on..◦ The strengths and weaknesses of the Articles◦ The significance of the Northwest Ordinance◦ American’s mistrust of a strong national

government

Objectives

Articles of Confederation ◦ (1781-1789) The first constitution of the United States,

created to form a perpetual union and a firm league of friendship among the thirteen original states. It was adopted by the Second Continental Congress on November 15, 1777, and sent to the states for ratification.  

Confederation ◦ A form of political organization in which the sovereign states

combine for certain specified purposes, such as mutual defense. Member states can leave a confederation at any time. The United States was a confederation from 1776 to 1789.  

Shays' Rebellion ◦ An armed revolt by Massachusetts farmers seeking relief from

debt and mortgage foreclosures. The rebellion fueled support for amending the Articles of Confederation.  

Terms to Know

Why & How Were the Articles of Confederation Created? Americans realized that they would need

some centralized leadership to address the following issues◦ Manage relationships between states◦ Resolve border disputes◦ Conduct relations with rest of world

Along with Declaration of Independence, Second Continental Congress creates the first US government, the Articles of Confederation (1776)

Fear of a Strong Central Gov’t◦ To many, their state was their

country.◦ British government’s “abuse” of

power could characterize a strong US government

◦ Study of history suggested that republican gov’t can only succeed in small communities

◦ Articles considered a “firm league of friendship” Most powers of government were given

to states Ex) Congress could not collect taxes,

could not regulate trade

Problems with the “Articles”

Fear that some states would dominate central government

The following issues pitted states against each other◦ Representation and voting

in Congress◦ Payment for war expenses◦ Territorial claims in the West

Problems Continued…

Secured recognition of American Independence

Created executive departments and admiralty courts (developed into Cabinet & Federal Court System)

Northwest Ordinance (1787)◦ Created process for territory to become a

state◦ Prohibited slavery in new territory◦ Guaranteed equality of new states

The “Articles’” Achievements

No power to tax◦ Caused problems paying off war debts

No power to force states to recognize agreements with foreign nations◦ Damaged trade relations

No power to make laws regulating trade among states

No power to makes laws directly regulating behavior of citizens

Weaknesses of Articles

Amendments never passed since all 13 states needed to ratify

Many leaders proposed a meeting, or convention, to discuss changes

Delegates then met in Philadelphia to proposechanges to the Articles

Attempts to Solve Problems

100’s of farmers in MA gathered to prevent courts from selling their property◦ Many ex-soldiers were not paid

their wages, therefore falling into debt and losing their farms

Shays and his men attempt to capture weapons arsenal

Governor calls militia to put down rebellion

Fears generated by this and similar conflicts convinced many that a stronger national government was needed

Shay’s Rebellion

Lesson 9:     How was the Philadelphia Convention Organized?

Purpose This lesson describes the important people

and their first steps at the Constitutional Convention in Philadelphia, 1787.

The structure and rules set forth for debate played a major role by providing a framework for civil discourse.

The Virginia Plan created the agenda for subsequent discussion & debate.

Describe the organizing phase of the convention.

Explain the significance of rules and agendas for effective civil discussion.

Evaluate, take, and defend positions on◦ determining what interests should be represented

in a constitutional convention◦ the advantages and disadvantages of secrecy in

governmental deliberations

Objectives

civil discourse ◦ Reasoned discussion as opposed to emotional display.  

Constitutional Convention ◦ The meeting held in Philadelphia from May to September 1787 at which the

US Constitution was written.   delegate

◦ (1) (noun) A person chosen to act for or represent others. (2) (verb) To entrust someone to represent your interests.

federal system ◦ A form of government in which power is divided and shared between a

central government and state and local governments. national government

◦ The organization having central political authority in a nation; the representative unit of political organization.  

proportional representation ◦ In the context of American government, the electoral system in which the

number of representatives for a state is based on the number of people living in the state. Proportional representation is used to determine the number of each state's representatives in the U.S. House of Representatives.

Terms to Know

55 delegates from states (Framers) Ave. age 42, ¾ had served in Congress Most were prominent political leaders, very

qualified◦ George Washington

Most respected Military Leader in nation◦ James Madison

Had greatest influence on organization of national gov’t

◦ Benjamin Franklin 81, poor heath, but internationally renown

statesmen◦ Alexander Hamilton

Most prominent supporter of strong national gov’t

Those in Attendance of Philadelphia Convention

Thomas Jefferson◦ In Paris as US minister to France

John Adams◦ US ambassador to Great Britain

Patrick Henry◦ Refused to attend, suspicious of

convention / “I smell a rat!” RI

◦ Opposed to stronger national gov’t

Who Did Not Attend?

At least 7 states must be present each day While speaking, others had to listen Member could not speak more than 2x on

same question Committees appointed as necessary Any decision subject to change until entire

plan complete Convention’s proceedings kept secret

Convention Rules

Many delegates wanted to completely scrap Articles, not just amend

Madison proposes new, stronger government Two governments, national & state (Federal

system) Three braches of national government

◦ Legislative – make laws (most powerful)◦ Executive – enforce laws◦ Judicial – interpret laws

Legislature (congress) would have two branches◦ House of Representatives – elected by the people◦ Senate – Proposed by States, selected by the House

The Virginia Plan

Representation from each state in both houses based on population or amount contributed to federal treasury. ◦ Proportional representation means that states

with a larger population have more representation

Congress would have power to make laws that states were not able to make◦ Ex) regulating trade between states

The Virginia Plan Continued

Lesson 10:   Why Was

Representation a Major Issue at

the Philadelphia Convention?

Purpose This lesson examines:

◦ The debate over what, or who, the national government will represent.

◦ The Great Compromise, which dealt with the makeup of the House and Senate.

◦ How population would be counted for representation in the House.

◦ How new states might receive representation in Congress.

Explain the differences between the Virginia Plan and the New Jersey Plan and the importance of the Great Compromise.

Explain how the Framers addressed regional issues with the 3/5ths compromise and the provision for periodic census of the population.

Evaluate, take, and defend positions on why major issues debated at the Convention are still on the national agenda.

Objectives

Great Compromise ◦ A plan accepted at the Philadelphia Convention in 1787 that called

for a Congress of two houses: in the upper house, or Senate, representation of the states would be equal, with each state having two senators; in the lower house, or House of Representatives, representation would be apportioned according to the population of each state, so that states with more people would have more representatives. Also called the Connecticut Compromise.

Three-Fifths Compromise ◦ Article I, Section 2, Clause 3 of the U.S. Constitution, later

eliminated by the Fourteenth Amendment. The clause provided that each slave should be counted as three–fifths of a person in determining the number of representatives a state might send to the House of Representatives. It also determined the amount of direct taxes Congress might levy on a state.

Terms to Know

No disagreement over two-house Congress Proportional representation was the issue Madison – states should not be represented

as states in national government. Instead, representatives should serve the people.

Those who sought Equal representation thought national government derived from and represented the States, not the people.

Big states favored Proportional rep, small states favored Equal rep.

Disagreement Over Representation

Similar to Articles of Confederation One house Congress, equal

representation Most delegates were convinced that a

unicameral Congress would not work, and NJ Plan voted down.

However, many small state delegates refused to accept Virginia Plan due to their concerns over large states’ power under proportional representation.

Disagreement over this issue almost ended the convention.

The New Jersey Plan

Great/Connecticut Compromise’s provisions◦ House of Representatives= Proportional Rep.◦ Senate = Equal Rep. (2 per state – chosen by

state legislature) Senate appeased small states, House

appeased big states The compromise passed by 1 vote

The Great Compromise

What did proportional representation mean? Southern states want slaves to count towards

representation Northern states thought counting them would only

benefit, and empower, slave owners◦ If they are considered property, why should property be

represented?

The 3/5ths Compromise

The Compromise ◦ state’s population, in regards to

apportioning representation, would be equal to free population plus 3/5ths slaves

◦ Slaves also counted as 3/5ths when computing taxes paid by each state to federal government

New states would have full representation in congress

A census would be taken every 10 years to reapportion seats in the House based on the shift in America’s population.

Representation of New States

Lesson 11: What Questions Did the Framers

Consider in Designing the

Three Branches of the National Government? 

Political philosophers claim that governments must do three things: make, execute, and judge laws.

The Constitution assigns these functions to three separate branches. This lesson explains how the Framers envisioned the role of each.

Purpose

Explain the role of each of the three branches and describe how the Constitution organizes them.

Explain how and why the system of checks and balances contributes to limited government.

Evaluate, take, and defend positions on how the President should be elected and issues relating to the appointment of Supreme Court justices.

Objectives

Deliberative Body ◦ A legislative assembly that meets to debate issues.  

Electoral College ◦ The group of presidential electors who cast the official votes for president

and vice president after a presidential election. Each state has a number of electors equal to the total of its members in the Senate and House of Representatives.

Necessary and Proper Clause ◦ Clause of the Constitution that gives Congress the power to make all laws

that are "necessary and proper" to carry out the powers specifically delegated to it by the Constitution. It is also known as the "elastic clause" because of the vagueness of the phrase "necessary and proper."  

Separated Powers ◦ The division of the powers of government among the different branches.

Separating powers is a primary strategy of promoting constitutional or limited government by ensuring that no one individual or branch has excessive power that can be abused.  

Shared Powers ◦ Legislative powers not completely separated between the branches of

government.  

Terms to Know

Framers believed their was an imbalance of power between British Crown and Parliament◦ Led to tyranny of British Crown

Many state government created weak executives, but led to legislative corruption

Delegates needed to create system of balanced powers (checks & balances)

Balance of Power Among the Branches of Government

Congress should be a deliberative body◦ Thorough debate, no hasty decisions

Bicameral legislature makes law passage difficult

(on purpose)◦ Delegates felt power to make laws greatest power

Enumerated Powers are specifically listed Congress also granted powers Necessary &

Proper

Legislative Power & Organization

Executive needed “energy” to act quickly when necessary for◦ Common defense◦ Preserve public peace◦ International relations

Must be strong enough to check power of legislature, but can not endanger republic A single chief executive needed, 4-yr

term No limit set for reelection

Executive Powers & Organization

Delegates reject idea of direct election◦ Citizens of large country would “not know” best

candidates Other felt Indirect elections would be corrupt Instead, Electoral College proposed

◦ Organized every 4 years, then dissolved◦ Each state selects electors, number based on total

members in Congress◦ Electors voted for two people (at least one outside

home state)◦ Majority wins presidency, 2nd becomes VP◦ If tie, House selects with majority vote

Presidential Selection

Judges chosen by President, confirmed by Senate

Supreme Court is head of judiciary Judges independent of politics Cannot be removed unless accused &

convicted of high crimes

Judicial Power & Organization

Veto◦ President can veto bill passed in Congress◦ Congress can override veto with 2/3 vote

Appointment◦ President nominates, Senate must approve

Treaties◦ President negotiates, Senate approves (2/3 vote)

War◦ President is commander in chief, Congress declares war & controls

$$$ Impeachment

◦ Congress can remove executive or judicial branch members if they commit high crimes

Judicial Review◦ Judicial branch (eventually) can determine whether acts of

Congress are Constitutional

Division of Power

Lesson 12:    How Did the Delegates Distribute

Powers between

National and State

Governments?

The relationship between national and state powers was at the core of the first Convention debates.

The delegates eventually worked out a series of regulations & compromises that defined what national and state government could and could not do.

Several compromises involved slavery, the most divisive issue among states.

Purpose

Describe the major powers and limits on the national government, powers specifically left to states, and prohibitions the Constitution placed on states.

Explain how the Constitution did and did not address slavery and other unresolved issues.

Evaluate, take, and defend positions on how limited government in the US protects individual rights and promotes the common good and on issues involving slavery.

Objectives

ex post facto law ◦ A law that criminalizes an act that was not a crime when committed,

that increases the penalty for a crime after it was committed, or that changes the rules of evidence to make conviction easier. Ex post facto laws are forbidden by Article I of the Constitution.

bill of attainder ◦ An act of the legislature that inflicts punishment on an individual or

group without a judicial trial. secede

◦ Formal withdrawal by a constituent member from an alliance, federation, or association.

supremacy clause ◦ Article VI, Section 2 of the Constitution, which states that the U.S.

Constitution, laws passed by Congress, and treaties of the United States "shall be the supreme Law of the Land" and binding on the states.

tariff ◦ A tax on imported or exported goods. Also known as a duty.

Terms to Know

Powers given to national gov’t over states:◦ Make or change state election laws ◦ Call state militias into national service◦ Create new states◦ Guarantee each state a “republican for of

gov’t”◦ Protect states from invasion or domestic

violence◦ Constitution & laws / treaties made by

Congress are supreme law of the land (Supremacy Clause)

National Government’s Powers

These provisions protected individual rights◦ Cannot suspend habeas corpus◦ Cannot pass ex post facto laws or bills of attainder◦ Cannot suspend trial by jury in criminal cases◦ Cannot modify definition of treason

The following protect rights of public officials◦ Members of Congress cannot be arrested during

session unless a major crime◦ No religious tests for public office◦ Impeachment clauses protect right to a fair trial◦ Gov’t cannot take money from treasury without an

appropriation law

Limits on Power of National Gov’t

States cannot◦ Coin their own money◦ Pass laws that enable people to violate

contracts◦ Make ex post facto laws or bills of

attainder◦ Enter into foreign treaties or declare war◦ Tax imports or exports◦ Keep troops or ships of war in peace

time◦ No discrimination against citizens of

other states◦ Must return fugitives from other states

Limits on Power of State Gov’ts

Many delegates were opposed to slavery, kept terms out of Constitution (but protected institution)

Southern states considered slaves property, and property issues should be state matters

Slavery’s Affect on Distribution of National & State Powers

NC, SC, and GA would create own nation if Constitution interfered w/ slavery

Northern delegates agree to put in “fugitive slave clause” and not to interfere with slave trade until 1808.

Citizenship

Voting Rights

Where national power ends / state power begins◦ “Necessary & Proper

Clause”

State’s right to secede from the US

Issues Unaddressed

Lesson 13: What Was

the Anti-Federalist Position in the Debate

about Ratification

?  

The signed Constitution would only become official if ratified by 9 of 13 states. This lesson explains the ratification process and public debate between the Federalists (supported) and Anti-Federalists (opposed).

Purpose

Explain why the Anti-Federalists opposed ratifying the Constitution.

Explain the role of Anti-Federalists in proposing a bill of rights.

Identify other contributions their views have made toward interpreting the Constitution.

Evaluate, take and defend a position on the validity and relevance of Anti-Federalist arguments.

Objectives

Anti–Federalists ◦ Opponents to ratification of the U.S. Constitution who believed that

it gave excessive power to the federal government and failed to protect the rights and liberties of the people.

Bill of Rights ◦ The first ten amendments to the U.S. Constitution. The Bill of Rights

lists many basic rights that the federal government may not interfere with and must protect. Nearly all these rights are now also protected from violation by state governments.

ratification ◦ (1) Formal approval of some formal legal instrument such as a

constitution or treaty. (2) In U.S. constitutional history, the approval of the U.S. Constitution in 1788 by the ratifying conventions held in each state, except for Rhode Island, which initially voted the Constitution down by popular referendum.

Terms to Know

Ratifying conventions set up in each state◦ Sole purpose was to debate and

approve/reject the Constitution◦ Delegates elected by popular vote

9 States needed to ratify Constitution for it to go into effect

Example of Social Contract Theory

The Ratification Process

As soon as delegates released the proposal, opposition emerged.

Anti-Federalists published objections in newspapers and pamphlets (George Mason, Elbridge Gerry)

Oppositions believed in reasoned discourse to educate citizens◦ They drew on political philosophy ad history to make

arguments. Americans read and discussed the arguments in

their homes, coffeehouses, taverns and public meetings across the nation.

Debating the Proposed Constitution

Representative gov’t could only work in small communities of people with similar beliefs

In large nations, gov’t no longer reflects wishes of most citizens, resorting to force to maintain authority

National gov’t will reduce power / role of local gov’t

Small, agrarian communities are more likely to have civic virtue than large, diverse nations

Key Elements of Anti-Federalists’ Opposition

Strong national gov’ts needed in large nations have always destroyed republics

Each branch had potential for tyranny◦ No adequate limit on Congress’ necessary &

proper clause◦ President has unlimited power to grant pardons◦ National courts could destroy state judicial

branches◦ Gov’t is not truly representative. House of Reps

has only 65 members out of 3 million citizens.

Anti-Federalists’ Philosophy

National gov’t did not protect rights. National gov’ts power is so general

and vague that it is essentially unlimited.

Nothing keeps gov’t from violating all rights it does not explicitly protect.

State’s bill of rights does not protect against national government.

Bill of Rights would remind people of the principles of our political system.

Bill of Rights Debate

Lesson 14:    What Was the

Federalist Position in the Debate about Ratification? 

Those who supported ratification, which created a stronger government, called themselves Federalists.

This lesson describes the arguments and strategies Federalists used to win support for the Constitution.

Purpose

Explain the key arguments of the Federalists and the process by which the Constitution was finally ratified.

Evaluate, take, and defend positions on the continuing relevance and validity of the Federalists’ argument.

Objectives

"new science of politics" ◦ James Madison's term in The Federalist for a study of politics utilizing reason,

observation, and history that would help the Founders construct a new government on a rational and informed basis.

faction ◦ (1) A small group within a larger group. (2) In its political sense, according to James

Madison in Federalist 10, a faction is a "number of citizens, whether amounting to a majority or a minority of the whole, who are united...by some common impulse of passion, or of interest, adverse to the rights of other citizens or to the permanent and aggregate interests of the community."  

Federalists ◦ Advocates for a strong central government who urged ratification of the U.S.

Constitution. They flourished as a political party in the 1790s under the leadership of Alexander Hamilton. The party disappeared from national politics in 1816.  

majority tyranny ◦ A situation in which a majority uses the principle of majority rule but fails to respect

the rights and interests of the minority. See also majority rule   The Federalist

◦ A series of articles written for newspapers urging the adoption of the Constitution and supporting the need for a strong national government.

Terms to Know

Federalists acted quickly so that Ant-Federalists would not have a chance to organize opposition.

Over ten months of debate, Hamilton, Madison, and Jay published Federalist Papers to convince people to support ratification.

They presented Constitution as a well-organized, agreed-upon plan that reflected a “new science of politics.”

Federalists’ Strategies

Most Americans agreed that large republics were unsuccessful

Madison creates new theory that factions are greatest danger ◦ Factions promote own self-interest at expense of

common good◦ Majority tyranny could be combated w/ a republic◦ Large republic’s would reduce large factions◦ Representatives “refine” public views by filtering

out ideas based solely on self-interest.◦ Large republics would defeat dangers of faction.

Federalists’ Response to Fears of a Large Republic

Civic virtue alone will not protect people’s rights and promote their welfare. ◦ With many interests and factions in a large republic, none

would dominate Constitution’s organization (Checks & Balances)

promote goals of republicanism◦ Electoral system would ensure qualified representatives◦ Complicated system would prevent factions from serving own interests at expense of common good◦ Difficulty to pass laws was a good thing

Federalists’ Central Arguments

Representation of different interests in the government will protect basic rights◦ In Legislative Branch, House

represents local interests, Senate represents state’s interests

◦ In Executive, President safeguards nation’s interests

◦ In Judicial, Supreme Court ensures good judgments since they are independence of politics, responsible only to Constitution.

Federalists’ Central Arguments

By June 1788, 9 states voted to ratify.

However, no NY or VA (needed, wealthy & populous)

Federalists agreed to add a Bill of Rights during first Congress, depriving Anti-Fed’s of their most powerful argument.

NC and RI eventually forced to ratify by 1790 or else be treated as foreign nations.

Ratification’s Success