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Creating the Constitution

Creating the Constitution. The Weak Articles. By mid-1780’s, two schools of thought have emerged… Articles are okay… can be slightly revised/amended. Afraid that “freedom” and “democratic gains” would be lost with a stronger federal government. Supported by Henry, Adams, Clinton

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Creating the Constitution

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  1. Creating the Constitution

  2. The Weak Articles • By mid-1780’s, two schools of thought have emerged… • Articles are okay… can be slightly revised/amended. • Afraid that “freedom” and “democratic gains” would be lost with a stronger federal government. • Supported by Henry, Adams, Clinton • Articles are not doing the job • Need stronger national government • More prestige; power • Supported by Jay, Hamilton, Madison • Congress realizes there is an immediate need for a stronger national government following Shays’ Rebellion

  3. Starting From Scratch • May 1787 – Convention is called with the intent to suggest changes to the Articles. • Led by Alexander Hamilton • Immediately decide to draw up a new document. • Property holders and wealthy are largest supporting group. • Want strong nation to protect their wealth and other interests.

  4. Constitutional Convention • Never before or after will there be as many strong political talents in the same room. • An assembly of “demi-gods.” • Benjamin Franklin, James Madison, Alexander Hamilton, John Dickinson • 55 delegates from 12 states (Rhode Island) • George Washington selected as President of the Convention. • Believe is that if Washington is there, there will be no undermining the Revolution. • Convention will meet in secrecy behind closed doors; then release the document. • Who’s not there? • John Jay, John Adams, Thomas Jefferson, Thomas Paine, Patrick Henry

  5. Changes to Legislative Branch • Debate breaks down between large states (NY, VA) and small states (MD, NJ) • New Jersey Plan • Desire Unicameral Congress • 1 state = 1 vote • Much like Articles • Virginia Plan • Desire Bicameral Congress • Representation should be based on population. • Almost give up compromising several times.

  6. Changes to Legislative Branch cont… • Connecticut Compromise or Great Compromise • Upper House (Senate) has two representatives from each state. • Lower House (House of Representatives) has representatives based on population.

  7. Changes to Executive Branch • Desired one individual as chief • King? President? • Electoral College • Did not want people to have direct vote • Too much democracy = mob rule

  8. The Issue of Slavery • Southern states wanted slaves counted as population. • Not fair to North. • 3/5 Compromise • Slave counts as 3/5 of a person in terms of population totals. • Slave Trade Compromise • Foreign slave trade can be outlawed in 20 years. • Will be abolished in 1808.

  9. Establishment of Federalism • Federalism • Power is split between the national and state governments. • Reserved Powers • Powers explicitly left to states • Delegated Powers • Powers given to national government

  10. Ratification • Decision is made that if 9 of 13 states approve, it should go into effect. • Anti-Federalists • Against Constitution • Federalists • For Constitution • Federalist Papers • Alexander Hamilton, James Madison, and John Jay wrote series of papers in New York supporting the Constitution.

  11. Ratification continued…. • Every state is supposed to call a convention to vote for or against. • Critics of Constitution argue there are no guarantees of personal rights. • Will only support if a Bill of Rights is added • Jefferson, Mason were very insistent. • Mid 1788 – Constitution is ratified • All states ultimately approve • 1791 – Bill of Rights is added.

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