5.2 – drafting the constitution

1. 5.2 – drafting the constitution • Main Idea • Essential Question How was power divided amongst the 3 branches of national government?

2. A nation on the brink • In order to prevent an abuse of power, the framers of the Articles of Confederation had placed such severe limits on the government that the government was now too weak • The US faced serious challenges (political, economic) that a weak central government could not resolve • Most powers reserved for the states, which were unwilling to compromise for the greater good • Shay’s Rebellion – • Rebellion deeply worried state delegates, forcing them to rethink the Articles of Confederation • Framers show great concern for the future of their country • Washington comes of out retirement to prevent destruction of union. He held a unique position was a universally respected national figure

3. How did Shay’s Rebellion lead to a call to strengthen government? • 1 • 2 • 3

4. Call for a convention • Constitutional Convention – • RI abstains, fearing pressure from larger states • James Madison – • Madison arrives a month early, determined not to amend the Articles, but instead write a new Constitution • Nationalist movement, lead by Madison and Alexander Hamilton gains momentum • George Washington was named the presiding officer of the Convention by unanimous vote.

5. Issues debated at the Convention

6. Conflict leads to compromise • Delegates agree to scrap Articles of Confederation and attempt to empower the national government in a new Constitution • Delegates wanted a National Government strong enough to govern effectively and command respect abroad, but not so strong as to become a tyranny and threaten the liberties of the people • Big States vs. Small States – how will Congress be shaped • Virginia Plan – • New Jersey Plan – • The Great Compromise – • Roger Sherman –

7. Slavery Remains an Issue • Debate over slavery threatened to unravel the entire process. Southern states would vote against any attack on slave institution. • Northern states had to swallow their distaste for slavery, understanding that the Constitution was more important than any one issue • Southern Proposal on Slavery at Convention: • 1 • 2 • 3/5 Compromise – • Framers acknowledged their inability to resolve slave issue, passed responsibility to future American leaders

8. Creating a New Government • Federalism – • Enumerated Powers – • Declare war, conduct foreign affairs, establish federal court system, raise an army, coin money, regular interstate trade, regulate international trade • Reserved Powers – • Local government, public education, traffic laws, marriage laws, trade within state, medicine • Shared Powers – powers shared between the state and national government • Levy taxes, borrow money, punish crime

9. Formation of the new heads of government • Executive Branch – • President and Vice President • Legislative Branch – • House of Representatives • Senate • Judicial Branch – • Supreme Court • Federal Courts

10. Separation of Powers

11. The convention comes to a close • Checks and Balances – • Each branch receives powers that prevent the other branches from becoming a Monarchy • Electoral College – • Popular elections are still held, with elector encouraged to vote by the will of the people • If no Presidential candidate received a majority, the tie breaker went to the House of Representatives • Convention adjourns, Constitution went to the individual states to be ratified (passed).

12. Checks and Balances