Constitutional Reform • American political ideology changed from

the beginning of the American Revolution to the late Confederation period: –In the 1770s, American political leaders

saw tyrannytyranny as the greatest threat to the USA

–But…by the mid-1780s, they saw ordinary citizensordinary citizens who lacked virtue as the greatest threat

Thus, states created weak state governors & a weak Articles of Confederation

The problem is an excess of democracy not an excess of tyranny

Shays’ Rebellion will help prove this point to the Founding Fathers

Constitutional Reform • By 1787, the fatal flaws of the Articles of

Confed were exposed:–Shays’ RebellionShays’ Rebellion broke out among

desperate MA farmers who faced losing their farms or being sent to debtor’s prison

–Congress called for a meeting in Philadelphia to discuss revising the Articles & strengthening the national gov’t

Merchants in MA hired their own mercenary

militia to end the uprising

Congress did not have the tax funds to send an army

Shays’ Rebellion gave nationalists like Washington, Madison, Hamilton the

urgencyurgency to call for a stronger national gov’t

The Constitutional Convention in

Philadelphia, 1787

The Philadelphia Convention• Shay’s Rebellion led to increased

support for a stronger central government & more attendance at the Philadelphia Convention

• In May 1787, 55 delegates from all states (except RI) met to discuss revising the Articles of Confederation, but it soon became apparent that something more serious was needed

They did NOTNOT intend to replace the Articles

The Philadelphia Convention• The Philadelphia Convention delegates

in Philadelphia made 3 important (& illegal) decisions:–The Articles of Confederation were to be

completely replaced–Nothing from the meeting was to be

printed or spoken to the public–Every state got 1 vote but all decisions

needed a majority vote (not 9 of 13 states) to pass

Is this a government of the people?

To amend the Articles, all 13 states had to agree

Inventing a Federal Republic• Delegates incorporated 4 major

principles into this new gov’t: –Limited gov’tLimited gov’t—even though a

stronger gov’t was being created, citizens’ liberty is protected

–RepublicanismRepublicanism—the people vote for their leaders

–Separation of powersSeparation of powers—three branches with defined powers

–FederalismFederalism—the national gov’t shares power with state gov’ts

The Preamble to the ConstitutionThe Preamble is the introduction to the Constitution which spells out why the new government was created

Read the Preamble and answer the three discussion questions

The Articles of the Constitution The Constitution is made up of 7 articles that describe the structure & powers of the national government

Use the copy of the Constitution to answer the scavenger hunt questions

Preamble

Article IThe Legislative Branch Article IIThe Executive Branch Article IIIThe Judicial Branch Article IVRelationship Between the States and the Federal Government Article VAmending the Constitution Article VISupreme Law of the Land Article VIIRatifying the Constitution

27 Amendments

Three Branches of Government

Federalism

Critical Thinking Critical Thinking Question AQuestion A: :

Large States vs. Large States vs. Small StatesSmall States

Inventing a Federal Republic• William Paterson

presented the New Jersey PlanNew Jersey Plan:–Congress given

power to tax–Each state had

one vote in a unicameral legislature

–But Articles mostly untouched

• James Madison presented the Virginia PlanVirginia Plan:–Bicameral

legislature –Larger states had

more representatives

–Create a chief executive appointed by Congress

Small states objected to this large-state dominance

The large states listened politely then

overwhelmingly voted against it

The Great Compromise• Roger Sherman helped resolve the

differences between the large & small states by proposing the Great Great CompromiseCompromise–Congress would be a bicameral legislature

(House & Senate)–Each state was given 2 delegates in the

Senate –House of Representatives was determined

by state population

Also known as the “Connecticut” Compromise”

Victory for the small states

Victory for large states

Only the House of Reps could introduce tax bills

What did Congress look like after the

Great Compromise?

Critical Thinking Question BCritical Thinking Question B: : Southern Slave States vs. Northern Free StatesSouthern Slave States vs. Northern Free States

The 3/5 Compromise • Problems still remained between the

northern & southern states regarding how to count population size (do slaves count?)

• The Three-Fifths CompromiseThree-Fifths Compromise settled the issue:–Three-fifths of the slave population could

be counted toward representation in the House of Representatives

Critical Thinking Question CCritical Thinking Question C: : To End Slavery or NotTo End Slavery or Not

Compromising with Slavery• Despite the contradiction slavery

posed, Southerners threatened to leave the USA anytime the slave question was discussed

• As a compromise for the South, the slave trade could continue to 1808 & runaway slaves returned

“Great as the evil is, a dismemberment of the Union would be worse.”

—James Madison

The Last Details• In 1787, a final draft included:

–Electoral College to vote for the president to “filter the masses”

–System of checks & balances among the 3 branches of gov’t

–President would serve for 4 years rather than for life

• Delegates decided against a Bill of Rights because most state constitutions already had them

Including ideas once considered tyrannicalIncluding ideas once considered tyrannical: Presidential power to appoint judges & presidential veto power over Congress

FYI: Electoral Votes (2000 Census)

James Madison helped broker many of the compromises that made the

Constitution possible & is referred to as the “father of the Constitution”

Key Ideas of the Constitution Popular Sovereignty: the people have power by voting for leaders

Limited gov’t: even though the national gov’t was stronger, citizens’ liberty was still protected

Federalism: the national gov’t shares power with state gov’ts

The Constitution was a radical shift from the Articles of Confederation because it gave more power to the national gov’t than to the state gov’ts

The supremacy clause establishes the Constitution (not the states) as the

"the supreme law of the land"

FederalismFederalism—state gov’ts & the national gov’t both have power

A state law cannot contradict a national law

Federalism

Key Ideas of the Constitution Separation of powers: three branches with defined powers

Separation of Powers

Article 1: Legislative Branch

House of House of RepresentativesRepresentatives

SenateSenate

Key Ideas of the Constitution Only Congress can make laws, declare war, create taxes

The “elastic clause” gives Congress implied powers

to make laws seen as “necessary & proper”

The Senate ratifies treaties & confirms

judicial appointments

Bill 1Bill 2

Article II: Executive Branch

Key Ideas of the Constitution

The president can only recommend legislation to

Congress but can veto bills

The president oversees the bureaucracy

Chief Agenda Setter

Chief of State

Commander-in-Chief of the military

Article III: Judicial Branch

Key Ideas of the Constitution

The only court mentioned in the Constitution is the

Supreme Court

Key Ideas of the Constitution

Checks & balances: each branch can limit the power of the others

The Struggle for Ratification

The Struggle for Ratification

• The delegates in Philadelphia knew that ratification of the new Constitution would not be easy:–They had no authority to change the

Articles of Confederation–They did not inform the public of their

ongoing decisions–They fundamentally altered the

relationships between the states & the central government

Federalists & Anti-FederalistsFederalistsFederalists

• Supported ratification of the Constitution

• Were well-organized & educated

• Used Federalist Federalist PapersPapers to argue for ratification

• Had the support of the media

Anti-Federalists Anti-Federalists • Against ratification

–Distrusted of a gov’t that removed power from the hands of the people

–Claimed the new Constitution favored the upper class

Authored by Madison, Hamilton, & Jay

“The Constitution is itself a Bill of Rights”

Anti-Federalists argued for more protection of

individual liberties

Ratification of the Constitution

Adding the Bill of Rights• To win ratification, the Federalists

agreed to add a Bill of Rights–With this protection of citizens’

liberty, all 13 states agreed to ratify the Constitution

–Constitution became the official the law of the land in 1789

• After bitter fight, most Americans chose to support the Constitution

If 1776 was the 1st American Revolution… 1787 was the 2nd American Revolution

Discussion Questions• Which of the following ideas was most

important to the framers of the Constitution in 1787?– Federalism– Separation of powers?– Checks and balances?– Republican democracy?– Gov’t limited by the people?

• Which is most important today?

The Constitution proved to be a successful form of government; Today, the Constitution is the oldest existing written gov’t in the world & has become a model for other nations

Charles Beard, Economic Interpretation of the Constitution