Constitutional Reform and the Philadelphia Convention

2. Constitutional Reform Thus, states created weak state governors & a weak Articles of Confederation • American political ideology changed from the beginning of the American Revolution to the late Confederation period: • In the 1770s, American political leaders saw tyranny as the greatest threat to the USA • But…by the mid-1780s, they saw ordinary citizens who lacked virtue as the greatest threat The problem is an excess of democracy not an excess of tyranny Shays’ Rebellion will help prove this point to the Founding Fathers

3. Congress did not have the tax funds to send an army Merchants in MA hired their own mercenary militia to end the uprising Constitutional Reform • By 1787, the fatal flaws of the Articles of Confed were exposed: • Shays’ 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 Shays’ Rebellion gave nationalists like Washington, Madison, Hamilton the urgency to call for a stronger national gov’t

5. The Constitutional Convention in Philadelphia, 1787

6. 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 NOT intend to replace the Articles

7. The Philadelphia Convention Is this a government of the people? To amend the Articles, all 13 states had to agree • 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

8. Inventing a Federal Republic • Delegates incorporated 4 major principles into this new gov’t: • Limited gov’t—even though a strongergov’twasbeingcreated, citizens’ liberty is protected • Republicanism—the people vote for their leaders • Separation of powers—three branches with defined powers • Federalism—the national gov’t shares power with state gov’ts

9. The Preamble to the Constitution • The 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

11. Preamble • The Articles of the Constitution • Article IThe Legislative Branch • The Constitution is made up of 7 articles that describe the structure & powers of the national government • Article IIThe Executive Branch • Article IIIThe Judicial Branch • Article IVRelationship Between the States and the Federal Government • Article VAmending the Constitution • Use the copy of the Constitution to answer the scavenger hunt questions • Article VISupreme Law of the Land • Article VIIRatifying the Constitution • 27 Amendments

12. Three Branches of Government

13. Federalism

14. Critical Thinking Question A: Large States vs. Small States

15. Inventing a Federal Republic • William Paterson presented the New 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 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 votedagainst it

16. Also known as the “Connecticut” Compromise” The Great Compromise Victory for the small states • Roger Sherman helped resolve the differences between the large & small states by proposing the Great Compromise • 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 Victory for large states Only the House of Reps could introduce tax bills

17. What did Congress look like after the Great Compromise?

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

19. The 3/5 Compromise • Problems still remained between the northern & southern states regarding how to count population size (do slaves count?) • The Three-Fifths Compromise settled the issue: • Three-fifths of the slave population could be counted toward representation in the House of Representatives

20. Critical Thinking Question C: To End Slavery or Not

21. 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

22. The Last Details Including ideas once considered tyrannical: Presidential power to appoint judges & presidential veto power over Congress • 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

23. FYI: Electoral Votes (2000 Census)

25. James Madison helped broker many of the compromises that made the Constitution possible & is referred to as the “father of the Constitution”

26. 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

27. 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

28. Federalism—state gov’ts & the national gov’t both have power The supremacy clause establishes the Constitution (not the states) as the "the supreme law of the land" A state law cannot contradict a national law

29. Federalism

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

31. Separation of Powers

32. Article 1: Legislative Branch

33. Senate House of Representatives

34. Only Congress can make laws, declare war, create taxes Key Ideas of the Constitution The “elastic clause” gives Congress implied powers to make laws seen as “necessary & proper” The Senate ratifies treaties & confirms judicial appointments

36. Bill 1Bill 2

37. The president, or Chief Executive, is the head of the government. Americans vote every 4 years for their leader of their democratic society. After elected to serve his/her country, the president lives and works in the White House. The president is in charge of the (Commander and Chief) armed forces. The president works with leaders of other countries. Article II: Executive Branch

38. Key Ideas of the Constitution The president can only recommend legislation to Congress but can veto bills The president oversees the bureaucracy

39. Chief Agenda Setter • Chief of State • Commander-in-Chief of the military

40. The Supreme Court is the highest court is the U. S., and is the system of courts to settle questions about the laws. The nine justices can serve for life, or wish to retire. Each justice is chosen by the president and approved by congress Article III: Judicial Branch

41. Key Ideas of the Constitution The only court mentioned in the Constitution is the Supreme Court

43. Key Ideas of the Constitution Checks & balances: each branch can limit the power of the others

45. The Struggle for Ratification

46. 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

47. Federalists & Anti-Federalists Federalists • Supported ratification of the Constitution • Were well-organized & educated • Used Federalist Papers to argue for ratification • Had the support of the media 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 Anti-Federalists argued for more protection of individual liberties “The Constitution is itself a Bill of Rights”

48. Ratification of the Constitution

49. Adding the Bill of Rights If 1776 was the 1st American Revolution… 1787 was the 2nd American Revolution • 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