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Consider: What do you think was the biggest motivation/ influence on the Framers?

Homework: For Thursday Read Woll , “Federalist 47,48 and 51” (41-45), and “Federalist 39” (66-71) Chapter 1, 2 and 3 Quiz for next Tuesday. Consider: What do you think was the biggest motivation/ influence on the Framers?. Views of the Constitutional Convention and Motives of the Framers.

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Consider: What do you think was the biggest motivation/ influence on the Framers?

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  1. Homework: For Thursday • Read Woll, “Federalist 47,48 and 51” (41-45), and “Federalist 39” (66-71) • Chapter 1, 2 and 3 Quiz for next Tuesday Consider: What do you think was the biggest motivation/ influence on the Framers?

  2. Views of the Constitutional Convention and Motives of the Framers Democratic, Economic or Political? Chapter 2: Wilson

  3. Opening: VA Plan • How did this set the tone for the convention? • How might the “council of revision” reflect an implicit call for the power of judicial review of legislative acts? • The Response: The NJ Plan • How was more in line with the original goal of the convention? • The NY Plan? Hamilton’s “2 cents”… • Madison's notes: "It will be objected probably, that [an Executive for life] will be an elective Monarch, and will give birth to the tumults which characterize that form of Gov[ernmen]t. He w[oul]d reply that Monarch is an indefinite term. It marks not either the degree or duration of power. If the Executive Magistrate wd. be a monarch for life--the other prop[ose]d by the Report . . . wd. be a Monarch for seven years." • The Great Compromise (and the 3/5ths)? • How did these contribute to a “spirit of accommodation?” • The Executive: major arguments? • The Judiciary: the ugly stepchild? • Questions unanswered? Why? • Slavery, judicial review, Bill of Rights Major Debates/Topics at the Convention

  4. 7 Articles, longest is the first (legislative) • Article I, II and III: Institutions of the National Government • Article IV: Relations Among the States • Article V: AmendmentProcess • Article VI: Supremacy Clause • Article VII: Ratification Process The Structure of the Constitution

  5. Document sent to states for ratification in fall of ‘87; • Why call for ratifying conventions instead of using state legislatures? • Federalists vs. Anti-Federalists • Who were they? • Why was one group more successful than the other? • The Federalist Papers • Originally drafted to influence ratification debate in NY • Authors:(Publius) Madison (26), Hamilton (51), John Jay (5) • Have become THE SOURCE of information about the Constitution, the minds of the Framers and arguments about every nook and cranny of the Constitution • Ratification in doubt without Bill of Rights; Federalists agree to propose in 1st Congress The Ratification Debate

  6. The First 10 amendments to the Constitution • Added in 1791, under the Constitutional process for amending (2/3rds of Congress, 3/4ths of state legislatures) • Madison originally drafted and submitted 12 amendments to Congress; only 10 were proposed by Congress to the states • One of the “lost” amendments became #27 • *Interestingly, Madison was originally against the idea of a Bill of Rights for the national Constitution. The Bill of Rights

  7. Economic Interests – • Republican Values – • Political Pragmatism – • What are the differences between these three perspectives? • What evidence has been offered to support or refute their arguments? Motives of the Framers: Comparing Three Perspectives

  8. “The Constitution, then, was not an apotheosis of ‘constitutionalism’, a triumph of architectonic genius; it was a patch-work sewn together under the pressure of both time and events by a group of extremely talented democratic politicians.” • “Yet, while the shades of Locke and Montesquieu may have been hovering in the background, and the delegates may have been unconscious instruments of a transcendent telos, the careful observer of the day-to-day work of the convention finds no overarching principles. The ‘separation of powers’ to him seems to be a by-product of suspicion, and ‘federalism’ he views as a pisaller (final recourse/last resort), as the farthest point the delegates thought they could go in the destruction of state power without themselves inviting repudiation. “A Reform Caucus In Action”

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