Video: The Big Picture

2. 2 Video: The Big Picture http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/OConner_Ch02_The_Constitution_Seg1_v2.html

3. 2 LearningObjectives Trace the historical developments that led to the colonists’ break with Great Britain and the emergence of the new American nation 2.1 Identify the key components of the Articles of Confederation and the reasons why it failed 2.2

4. 2 LearningObjectives Outline the issues and compromises that were central to the writing of the Constitution 2.3 Analyze the underlying principles of the Constitution 2.4

5. 2 Learning Objectives Explain the conflicts that characterized the drive for ratification of the Constitution 2.5 Distinguish between the methods for proposing and ratifying amendments to the Constitution 2.6

6. 2 Video: The Basics http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg2_Constitution_v2.html

7. 2.1 Roots of the New American Nation • Trade and Taxation • First Steps Toward Independence • First Continental Congress • Second Continental Congress • Declaration of Independence

8. 2.1 Trade and Taxation • Mercantilism • Strict import/export controls • Widely ignored • Costly French and Indian War • New taxes on sugar (Sugar Act) and paper items (Stamp Act) • “No taxation without representation”

9. First Steps Toward Independence Stamp Act Congress formed to address grievances Boston Massacre 2.1

10. First Steps Toward Independence Committees of Correspondence build public opinion against Britain Boston Tea Party Coercive Acts (Intolerable Acts) Quartering of British troops 2.1

11. 2.1 First and Second Continental Congresses • First Continental Congress (Sept. 1774) • Battle of Lexington and Concord • Second Continental Congress (May1775) • Olive Branch Petition (July 5, 1775) • Thomas Paine’s Common Sense

12. 2.1 Declaration of Independence • Committee of Five • Thomas Jefferson – principal author • John Locke • Social contract theory • Life, liberty, and property

13. 2.2 First Attempt at Government: The Articles of Confederation • The colonists wanted a constitution--a written document that defines rights and obligations and puts limits on government. Debates on Representation, Taxation/Slavery, Western lands (MA, NY, V, CT, NC) vs. (MD, NJ, NH, DE) • Win at Saratoga, convince foreign powers to ally with the American cause. • The colonists created a loose league of friendship under "The Articles of Confederation.“ 1781 put into effect. • The Articles were created predominantly as reaction to the unitary system used in Britain in which all of the power and sovereignty is vested in the central government. • Edward Rutledge – South Carolina, suspicious of regional prejudices, New England as a central power.

14. Problems of the Articles of Confederation • The government created under the Articles saw the new country through the Revolutionary War. [consider presentism] • However, once the British surrendered in 1781, the country was no longer united by a common enemy or purpose. • Foreign Policy – Great Britain refused to cooperate w/ Treaty of Paris. [Abandon Posts & Forts in Western lands], French & Spanish – control over the Mississippi, trade, & shipping. What can the Confederation Congress do? • Under the Articles the Congress had trouble getting a quorum of nine states to conduct business. Even when quorum was made, the states did nothing but bicker. [ Rufus King of NY – Pennsylvania & Connecticut] • States are concerned with their own issues.

15. 2.2 Problems Under the Articles of Confederation • Independent Republic of Vermont – Issue of succession & independence issues w/ NY & NH. Annexed towns in NH, border skirmishes in NY. • Negotiating w/ Great Britain during the war, what can Congress do? • The Congress had no power to tax. States coined their own money and trade wars erupted. • Congress had no power to regulate commerce among the states or ensure a unified monetary system. • State of Franklin in North Carolina dispute over western lands given over to Congress. Write a constitution. NC gave up its idea to give land. • Boundary dispute between NY & Pennsylvania. Congress no power to enforce.

16. 2.2 Shays’s Rebellion • Lieutenant Shays. He fought at Bunker Hill and at Ticonderoga. By 1777, Shays had leveraged his ability to raise men willing to serve under him into a Captain's commission in the Fifth Massachusetts Regiment of the Continental Army. Captain Shays continued to build his reputation as a courageous and competent officer, including fighting Burgoyne's invading army at Saratoga, New York, and participating in the desperate action at Stony Point, New York. General Lafayette himself honored Captain Shays along with other officers under his command with a ceremonial sword as a mark of his personal esteem.

17. 2.2 What was the result of Shays’s Rebellion? Before that convention could meet, unrest broke out in America. In Massachusetts, banks were foreclosing on farms and the Massachusetts legislature enacted a new law requiring all debts be paid in cash. Daniel Shays, a Revolutionary War veteran, was outraged and frustrated with the new law and the huge debt burden of farmers. Shays led a group of 1,100 armed and disgruntled farmers to the capital, Springfield. They forcibly prevented the state court from foreclosing on their farms.

18. Factors leading to Shays rebellion Eastern Massachusetts • Highly developed Economy • Monetary based • Wealthy Cities • International & New England merchants, plantation and slave owners. • Money lenders, bankers.

19. Factors leading to Shays rebellion Western Massachusetts • Underdeveloped economy • Barter system • Poorer cities • Freed slaves, small merchants, laborers, servants. • Money borrowers

20. Shays's Rebellion • Congress authorized the Secretary of War to call up a national militia to respond and appropriated $530,000 for the purpose. Every state refused, except Virginia. • Finally, a private army (wealthy lawyers, merchants in Massachusetts) put down Shay's Rebellion. • This failure of Congress to protect the citizens and property of Americans was a glaring example of the problems of the Articles. • Shay’s fled and went to the Independent Republic of Vermont. • Newberg, NY Conspiracy – pensions not received army remains, George Washington. • Mini revolt in Pennsylvania – no pay for soldiers. Members of Congress threatened. • Major distrust of Standing Armies.

21. 2.3 Miracle at Philadelphia: Writing the U.S. Constitution • Characteristics and Motives of the Framers • Virginia and New Jersey Plans • Constitutional Compromises • Unfinished Business: Executive Branch

22. 2.3 Characteristics and Motives of the Framers • All wealthy white males • Mostly young • Some slave owners • Relatively educated • Social motives • Maintain social order which benefited them • Economic motives • Maintain property rights which benefited them

23. Writing the Constitution • Nationalists preserving the revolution. • On February 21, 1787, Congress called for a Constitutional Convention in Philadelphia "for the sole and express purpose of revising the Articles of Confederation.“ • Debates in States to attend Constitutional Convention. CT delegates “Endanger the rights of Americans” Fears. • CT Delegates – powerlessness of Congress, stronger central government, union invaded? • RI does not attend. 12 states represented at Federal “Constitutional” Convention. 55 delegates attend, well educated, lawyers, worked in state governments. People involved in public life. • Washington (presides), Franklin (International reputation), Madison (notes, & creation of a plan of government – Virginia Plan. Sets the terms of debate. (agenda & debate = win) • May 29, 1787, the convention met and the Virginia delegation suggested they throw out the Articles and devise a new system of government! • This act could be considered treason, so they adopted a pledge of secrecy so the people their could really speak their minds. Open & free debate.

24. Interpreting the constitution necessarily involves “looking beyond the specific views of the Framers.” • Constitution is a framework for “balancing liberty against power.” • Adapting the Constitution’s framework to our changing needs and values is difficult and complex

25. Roche, Founding Fathers • The founding fathers were not, in fact, radical revolutionaries. They were democrats, superb democratic politicians. Political men committed to working within a democratic framework, within universal public approval. The National reform caucus had one goal –popular approbation (approval). 2. They could succeed only if the people of the U.S. endorsed the constitution by regularized procedures. They had to change the Articles by working within the prevailing rules of the game.

26. Roche, Founding Fathers 3. Framers were plotting to establish a stronger central government than existed under the Articles. 4. Their greatest achievement of the Constitutionalists was their success in convincing the elected representatives of a majority of white males that change was imperative. 5. According to Roche, there was a clear-cut ideological division at the Convention, There were structural rather than ideological differences. 6. Roche claims that states’ righters had not accepted the fundamental purposes of the Convention, they could have simply pulled out and by doing so have aborted the whole enterprise.

27. Roche, Founding Fathers 7. The Virginia plan envisioned a unitary national government freed from and dominant over the states. Bicameral Government -Lower house of the national legislature was to be elected directly by the people with membership proportional to population. Upper house selected by the lower house named by candidates selected by the lower house. Executive – w/ veto power over acts of Congress, Judiciary of one or more supreme judges selected by Congress. Holding office during good behavior. Flexible Amendment process, and a procedure for admitting new states. Basic outline of the Constitution. New National Government

28. Roche, Founding Fathers 8. Small states realized that under the Virginia Plan, Massachusetts, Virginia, and Pennsylvania could virtually dominate the national government – and they probably appreciated that to sell the program to the folks back home would be impossible. 9. Roche claims that a careful examination of evidence indicates that the New Jersey Plan (1 House Legislature, plural executive elected by Congress, Supreme Court elected by executive) appeared at the Convention as a recognition of political reality rather than an affirmation of states’ rights. William Patterson, said, “ I came here not to speak of my own sentiments, but rather the sentiments of those who sent me.” This claims Roche is evidence of political compromise rather than Ideological steadfastness.

29. 2.3 Virginia and New Jersey Plans • Virginia Plan • Large states • Powerful central government • Representation based on population • New Jersey Plan • Small states • Weak central government • Representation by state

30. 2.3 Constitutional Compromises • Great Compromise • Bicameral legislature • Number of representatives based on population • Representatives directly elected • States given equal votes in Senate • Senators elected by state legislatures • National power supreme • Electoral College: a “jerry-rigged improvisation” that gave a bonus to the small states and settled an argument over the selection of the executive. • - Three-Fifths Compromise: was a bargain between the Northern & Southern states - compromise of 3/5 representation for slaves for the South • Trade Compromises: The South is allowed to continue slave trade for 20 years & a 20 year ban on cotton taxation in exchange for majority vote for any navigation acts that the Northern states wanted. Article I Section 9 – (1808) • Motivation: Compromises to get passage of the Constitution

31. Beard, Framing the Constitution • Main argument -The Framers were an economic elite out to protect their own property against popular majorities. • They were distrustful of the majority rule and sought to structure the government to prevent democratic excess and protect the interests of the propertied class. • Objected to direct popular government – thought the representative form would check the “democratic excesses” of the people and the aristocratic body (Senate) of men of property would hold down the turbulence of democracy • Reasoning -The Framers were an elite consisting of landholders, creditors, merchants, lawyers, and public bondholders. • Significance – Constitution is anti-majoritarian • Roche and Beard disagree on the motives and actions of the Framers.

32. Beard’s Evidence • Many of the delegates were the economic elite • Senate elites chosen via State legislatures. • Checks & balances were built in the doctrine that one popular branch of government cannot be allowed to sway or enact laws touching on property • There was exclusion of direct vote for President and Senate • There was an independent judiciary

33. 2.3 Explore the Simulation: You Are a Founder http://media.pearsoncmg.com/long/long_longman_media_1/2013_mpsl_sim/simulation.html?simulaURL=2

34. Video: In Context 2.3 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg3_Constitution_v2.html

35. 2.4 U.S. Constitution • Basic Principles of the Constitution • Articles of the Constitution

36. 2.4 Basic Principles of the Constitution • Federalism • Power divided between national and state governments • National government considered supreme • Power derived from the people

37. 2.4 Basic Principles of the Constitution • Separation of Powers • Executive branch • Legislative branch • Judicial branch • Checks and Balances • Each branch has powers to check the other two branches

38. What are the separation of powers and checks and balances under the U.S. Constitution? 2.4

39. Video: In the Real World 2.4 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg5_Constitution_v2.html

40. 2.4 How do the Articles of Confederation and the U.S. Constitution compare to one another?

41. 2.4 Articles of the Constitution • Article I: Legislative branch • Article II: Executive branch • Article III: Judiciary branch • Article IV: Full Faith & Credit • Article V: Amendment Process • Article VI: Supremacy Clause • Article VII: Ratification Process

42. Video: Thinking Like a Political Scientist 2.4 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg4_Constitution_v2.html

43. 2.5 Drive for Ratification of the Constitution • Federalists versus Anti-Federalists • The Federalist Papers • Ratifying the Constitution • Bill of Rights

44. 2.5 Federalists Versus Anti-Federalists • A desire to establish a strong central government • A corresponding desire for weaker state governments • The support of many large landowners, judges, lawyers, leading clergymen and merchants • The support of creditor elements who felt that a strong central government would give protection to public and private credit.

45. Anti-Federalists • The Anti-Federalists opposed ratification of the Constitution • A desire to establish a weak central government (Articles) • A corresponding desire for strong state governments support of many small farmers and small landowners • The support of debtor elements who felt that strong state legislatures were more sympathetic to them than a strong central government.

46. 2.5 The Federalist Papers • 85 essays by Federalists • Alexander Hamilton (51) • James Madison(26) • John Jay(3) • Appeared in New York newspapers • Theoretical, scholarly • Anti-Federalists responded with critique of Constitution

47. 2.5 The Bill of Rights • Condition of ratification • Sought by Anti-Federalists to protect civil liberties • First ten amendments to Constitution

48. 2.5 TABLE 2.2: What were the differences Between the Federalists and the Anti-Federalists?

49. 2.5 How Long Did It Take to Ratify the Constitution? http://media.pearsoncmg.com/long/long_oconnor_mpslag_12/pex/pex2.html

50. 2.6 Toward Reform: Methods of Amending the Constitution • Formal Methods of Amending the Constitution • Informal Methods of Amending the Constitution