The ConstitutionAnd its beginning

Before we get there.We have to take a look back at the other

crucial documents that impacted out country.

The first is the Declaration of Independence

Written primarily by Thomas Jefferson and other committee leaders of the Continental Congress in 1776

How did it impact the Constitution?

It explained why we needed to try and break from England

It lists many abuses brought about by bad leadership

This is a list of what gov should not be allowed to do. Key guide to the rights maintained in a limited government

Independence!1781- A plan for rule had already been

debated and accepted

Our plan: The Articles of Confederation

Included many features aimed at allowing the goals of the Declaration to be put in place

The Articles Cont.These articles allowed

for:

1. The dominance of local and state authority

2. Control of taxes at the regional level

3. A voluntary union by the states

Problems?They could not effectively deal with

threats from:

Foreign Nations

Feuding States

Or the massive financial crisis

Specific WeaknessesNo separate executive branch was established

No methods for the central government to collect taxes were present

No federal judiciary was created to settle interstate disputes

No amendments could be added without unanimous state approval. (None ever were)

As a result:Only two pieces of legislation were

passed

Disputes between states raged over taxes and trade and no central authority could settle the problems

Veterans of the Revolutionary War were not paid

As a result continuedThe central government had no funds

State governments were broke and had no place to turn

National credit in key European banks collapsed

No agreements on tariff attempts, trade negotiations, or key issues such as support from France, or Great Britain

Growing disputes between Northern and Southern States

Shay’s Rebellion

Predicted that the Articles would fail and called for their removal almost every year of their existence.

The Convention ConvenesAlexander Hamilton recommended to meet in

Philadelphia in the spring of 1787, this request was forwarded to the Continental Congress.

Two ground rules would govern the convention proceedings.

First, all deliberations were to be kept secret. (Detailed word about the debates remained guarded until the publication of Madison’s notes in 1840.)

Second, no issue was to be regarded as closed and could be revisited for debate at any time.

The Convention convened on May 25, 1787, at the State House (now Independence Hall) in Philadelphia.

It opened several days later than planned because of the slow arrival of some delegates. All of the states were represented except for Rhode Island, which declined to attend.

Demographics of The Delegates

-55 delegates (none from RI)-33 Lawyers-half were college graduates-7 former governors-7 plantation owners-8 business leaders-age 26-81 (avg. age 42)-all male, all white

Washington as PresidentWashington, noted for his patience and

fairness, was selected as the presiding officer.

Interestingly, a number of prominent figures of the day did not attend, including Richard Henry Lee, Patrick Henry, Thomas Jefferson, John Adams*, Samuel Adams, and John Hancock.

The stated goal of the Convention — the revision of the Articles of Confederation — was quickly discarded, and attention given to more sweeping changes.

Discussion turned instead to two competing concepts of how a new government should be formed, the Virginia Plan and the New Jersey Plan.

Virginia PlanVirginia Plan

Favored large statesStrong central governmentBicameral (two house) legislature –

larger house elected by the people (House of Representatives, and a smaller house that was selected by larger house (Senate)(This would change in the 17th

Amendment)

New Jersey PlanNew Jersey Plan

Agreed with strong central government…BUT

Congress would be unicameral (one house) with states having equal votes

Did not want large population states to dominate the legislature

How do we Compromise?Connecticut Compromise

A bicameral legislature in which the House of Representatives membership apportioned according to the state populations

An upper house, the Senate, which would have two members from each state, elected by the state legislature (popularly elected today)

What to do about the slaves?3/5’s Compromise

Agree to allow the South to count 3/5 the population in each state to balance the power of North and South

1808 Slave Trade

Madisonian Principles of Gov’tPopular Sovereignty – power to govern belongs

to the people, gov’t based on the consent of governed

Separation of Powers – division of gov’t between branches: executive, legislative and judicial

Checks and Balances – a system where branches have some authority over others

Limited Government – gov’t is not all-powerful, and it does only what citizens allow

Federalism – division of power between central government and individual states

Separation of Powers Prevents an all-powerful ruling body

1. Legislature – passes law (Congress)

2. Executive – enforces law (President)

3. Judiciary – interprets law (Supreme Court)

Amending the ConstitutionMeant to be difficult

Require action from national and state gov

Amendment proposed by 2/3 vote in each house of Congress and ratified (accepted) in at least ¾ of state legislatures

Was it a Republic or Democracy?http://www.youtube.com/watch?v=bVD

0bZ5H4MY&feature=youtu.be

When The Convention finishedThe most difficult task began

That was to get approval from the states.

They had to get nine of the 13 states to approve the Constitution before it would officially become law

State ConventionsCitizens of the States did not get to

vote on whether or not they wanted the Constitution

Instead they used special state conventions to try and ratify the Constitution

And the states put up a fight, Why?

How did the Framers convince the conventions?They used they anonymous newspaper

articles published in Newspapers around the nation, the goal of these articles: Convince the public that this Constitution was the best chance for our nation to succeed.

These were called “The Federalist Papers”– in favor of adoption of US Constitution

creating a federal union and strong central government

Who wrote the papers?Alexander Hamilton 51 articles: nos. 1,

6–9, 11–13, 15–17, 21–36, 59–61, and 65–85

James Madison 29 articles: nos. 10, 14, 37–58 and 62–63

John Jay 5 articles: 2–5 and 64

Nos. 18–20 were the result of a collaboration between Madison and Hamilton.

James Madison

Federalist #10Madison addresses biggest fear of

gov’t

Faction – a group in a legislature or political party acting together in pursuit of some special interest (think fraction – ½, 1/3, etc)

Founding fathers were concerned that our government would be ripped apart

Madison defends our national Constitution

Separation of Powers check the growth of tyranny

Each branch of government keeps the other two from gaining too much power

A republic guards against irresponsible direct democracy or “common passions”

Factions will always exist, but must be managed to not severe from the system.

John Jay

Their opponents: The Anti FederalistsPatrick Henry: Was their main voice

Why did they oppose the Constitution?

Patrick Henry

Their Beliefs:Central gov’t would threaten liberty

Aristocratic tyranny could happen

Demanded a guarantee of individual rights and liberty

States power was too limited

Demanded a Bill of Rights10 amendments to the Constitution

guaranteed individual freedoms and rights

limited power of national government, guaranteed rights to states

Ratified in 1789, Bill of Rights added 1791