CREATING THE CONSTITUTION

THE BIRTH OF U.S. GOVERNMENT

VOCABULARY

GREAT COMPROMISE THREE-FIFTHS COMPROMISE LEGISLATIVE BRANCH JUDICIAL BRANCH EXECUTIVE BRANCH CHECKS & BALANCES ELECTORAL COLLEGE SHAYS REBELLION JAMES MADISON ROGER SHERMAN

TIMELINE

1787: CONSTITUTIONAL CONVENTION BEGINS

PROBLEMS WITH THE ARTICLES

Problems w/Articles of Confed.? YES See also pp. 126-31 notes Weak National Government ; Examples?

Can’t collect taxes Can’t control trade

So what? So…gov’t can’t take care of itself, not to mention the

nation. Result?

Congressional delegates scrap idea of amending A.O.C.

Decide new document / law is needed

PROBLEMS WITH THE ARTICLES

Major Crisis: Shays Rebellion When? 1786 - 87 Where? Massachusetts Who? Daniel Shays & Revolutionary War veterans Why?

Many war vets in W. Mass. were also farmers State assembly had levied a tax that many farmers couldn’t

pay off. State assembly, in Boston, had few reps from W. Mass. Farmers asked state assembly for help, but none came. So…many farmers were on the brink of losing farms

Result? Shays Rebellion, 1786-87 Rebellion fails, but it alarms political leaders across nation

Shays Rebellion: Cause / Effect

PROBLEMS WITH THE ARTICLES

Major Fears / Issues of concern: Representation in Congress Don’t give the central gov’t. too much power Don’t want the wealthy to totally dominate less

privileged (i.e. Need to protect the rights of all citizens)BASIC QUESTION:

How can the nation balance the conflicting interests of so many different groups in this country?

BUILDING A NEW GOVERNMENT Issue #1: State Gov’t. v. Nat’l. Gov’t Power

Q: How was fair representation going to be given to both small and large states?

Option #1: James Madison: The Virginia Plan

“Bicameral” (2 House) Legislature, based on pop. Voters elect “Lower” House Lower House elects “Upper” House

Who likes this idea? States w/ big population Why? Reps. based on population #s

BUILDING A NEW GOVERNMENT

Option #2: William Patterson: The New Jersey Plan

“Unicameral” (1 House) legislature Each state receives 1 vote (1 state = 1 vote)

Who supports this idea? States w/small population Why? They won’t always be outvoted

Continental Congress can’t reach a decision acceptable to everyone

BUILDING A NEW GOVERNMENT

SOLUTION: Roger Sherman: The Great Compromise

Bicameral Legislature Upper House: “Senate”

Senators elected by state legislatures Each state given equal representation

Lower House: “House of Representatives” Reps. elected by voters in each state # of Reps. based on state’s population

Was this a good solution? Opinion?

BUILDING A NEW GOVERNMENT Related Issue:

How will each state’s total population be determined? Are slaves to be counted as part of a state’s population

when determining the # of Congressional representatives?

Solution: THE THREE-FIFTHS COMPROMISE Define:

3/5 of a state’s slaves will be counted as part of the population

That total number will be used to determine the # of reps. a state may be allowed

Equation: 3/5 of slaves + the # of free citizens = Total pop. used when

calculating a state’s Congressional representation

THREE – FIFTHS COMPROMISE

BUILDING A NEW GOVERNMENT

Slavery-related Problems: Southern states fear Congress would end the

slave trade in the U.S. Solution? Congress passes law: no

interference in slavery for 20 years. So What? Temporary solution to a problem

that will only get worse

THE NEW GOVERNMENT TAKES SHAPE

What type of government will the United States have? Type? FEDERAL Structure: 3 Branches (parts) What are the 3 branches? See p.135 in text

Legislative Executive Judicial

Describe the structure & function of each branch: See p. 135 in text

BRANCHES OF GOVERNMENT

THE NEW GOVERNMENT TAKES SHAPE

How will power be shared between the National (Federal) and local (State) governments?

Answer: Division of Powers “Enumerated Powers”

DEFINE: Powers granted to the federal gov’t by the Constitution.

Examples? National Defense Foreign Affairs Printing / Coining Currency ($)

THE NEW GOVERNMENT TAKES SHAPE “RESERVED POWERS”

Powers not specifically granted to the Federal (national) government

Examples? Supervising Education Marriage Laws Controlling trade w/in a state Local Housing / Building laws

“CHECKS and BALANCES” System built into the Constitution which allows each branch

of gov’t. to restrict the actions of the other branches. Examples?

VETO: U.S. President can prevent a Congressional Bill from becoming a law (at least for some time)

U.S. Supreme Court can rule that a law passed by Congress, or a state, is Unconstitutional

THE NEW GOVERNMENT TAKES SHAPE

September 17, 1787: Constitution passes in Continental Congress

by vote, 38-3 Draft sent to the U.S. Congress for approval* Congress sends Constitution to states for

official approval*** ***This process is known as “RATIFICATION”