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The Road to the Constitutio n

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Page 1: The Road to the Constitution. 2 Quick Review Declaration of Independence Second Continental Congress Approved July 4, 1776 The Articles of Confederation

The Road to the Constitution

Page 2: The Road to the Constitution. 2 Quick Review Declaration of Independence Second Continental Congress Approved July 4, 1776 The Articles of Confederation

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Page 3: The Road to the Constitution. 2 Quick Review Declaration of Independence Second Continental Congress Approved July 4, 1776 The Articles of Confederation

Quick Review Declaration of Independence

Second Continental Congress Approved July 4, 1776

The Articles of Confederation 1777, our first constitution Weak federal government Shay’s Rebellion, 1786-1787

Page 4: The Road to the Constitution. 2 Quick Review Declaration of Independence Second Continental Congress Approved July 4, 1776 The Articles of Confederation

Strengthening the National Government

1787 Problems with the Articles of Confederation States sent delegates to Philadelphia to fix

the A.O.C. Rhode Island did not go…they did not want

a stronger central government

Page 5: The Road to the Constitution. 2 Quick Review Declaration of Independence Second Continental Congress Approved July 4, 1776 The Articles of Confederation

The Constitutional Convention

May 25, 1787 Independence Hall, Philadelphia An extraordinary group of men

55 men Well-educated Lawyers, merchants, college presidents, doctors,

generals, governors, and planters with considerable political experience

Page 6: The Road to the Constitution. 2 Quick Review Declaration of Independence Second Continental Congress Approved July 4, 1776 The Articles of Confederation

Who was there? Who missed it?

Benjamin Franklin 81, oldest delegate

George Washington & James Madison Both would become president

Thomas Jefferson & John Both were in Europe

Patrick Henry Prominent Virginian He was invited but did not attend; he was against the

convention

Page 7: The Road to the Constitution. 2 Quick Review Declaration of Independence Second Continental Congress Approved July 4, 1776 The Articles of Confederation

The Boss Who was chosen to

preside over the convention?

George Washington Respected for his

leadership during the Rev. War

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Page 8: The Road to the Constitution. 2 Quick Review Declaration of Independence Second Continental Congress Approved July 4, 1776 The Articles of Confederation

Procedures of the Convention

Each state was only allowed one vote Majority votes from all states made

decisions All discussions were a secret! Why…?

This way, delegates could speak freely, without worry about how the public would react

Page 9: The Road to the Constitution. 2 Quick Review Declaration of Independence Second Continental Congress Approved July 4, 1776 The Articles of Confederation

Importance of the Constitutional Convention

“I would bury my bones in this city rather than leave the Convention without anything being done.”

-George Mason at the Constitutional Convention

*Everyone knew that failure could mean disaster*

Page 10: The Road to the Constitution. 2 Quick Review Declaration of Independence Second Continental Congress Approved July 4, 1776 The Articles of Confederation

What happened to the…

Articles of Confederation???

The throw it away, decided to write a new constitution

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Page 11: The Road to the Constitution. 2 Quick Review Declaration of Independence Second Continental Congress Approved July 4, 1776 The Articles of Confederation

Two Opposing Plans

VS.

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Virginia vs. New Jersey

Page 12: The Road to the Constitution. 2 Quick Review Declaration of Independence Second Continental Congress Approved July 4, 1776 The Articles of Confederation

Two Opposing Plans The Virginia Plan

James Madison 3 branches of government Bicameral legislature (2 houses),

determined by population Favored big states

Page 13: The Road to the Constitution. 2 Quick Review Declaration of Independence Second Continental Congress Approved July 4, 1776 The Articles of Confederation

Two Opposing Plans The New Jersey Plan William Patterson 3 branches of government Unicameral legislature (1 house) with

equal representation Favored smaller states

Page 14: The Road to the Constitution. 2 Quick Review Declaration of Independence Second Continental Congress Approved July 4, 1776 The Articles of Confederation

Two Opposing Plans What was the big issue?

How representation in Congress would be decided

Larger states wanted more power, smaller states wanted equal power

Page 15: The Road to the Constitution. 2 Quick Review Declaration of Independence Second Continental Congress Approved July 4, 1776 The Articles of Confederation

The Great Compromise

Roger Sherman of Connecticut comes up with the answer…a compromise

Lower House House of Representatives Determined by population 2 year terms Favored larger states

Upper House Senate Equal representation 6 year terms Favored smaller states

Also known as… The Connecticut Compromise

What is a compromise???

A way of resolving disagreements in which each side gives up something but gains something else

Page 16: The Road to the Constitution. 2 Quick Review Declaration of Independence Second Continental Congress Approved July 4, 1776 The Articles of Confederation
Page 17: The Road to the Constitution. 2 Quick Review Declaration of Independence Second Continental Congress Approved July 4, 1776 The Articles of Confederation

More arguing? What now?

Controversy over counting slaves as a part of the population…

At this time, there were 550,000 enslaved African Americans, mostly in the South

Page 18: The Road to the Constitution. 2 Quick Review Declaration of Independence Second Continental Congress Approved July 4, 1776 The Articles of Confederation

More arguing? What now?

Southern states said… part of the population = more representatives for southern states

Northern states said… slaves cannot vote or participate in government, they should not give the south more representatives

Page 19: The Road to the Constitution. 2 Quick Review Declaration of Independence Second Continental Congress Approved July 4, 1776 The Articles of Confederation

The Three-Fifths Compromise

The conflict was finally resolved…

Three-Fifths Compromise Every 5 enslaved persons would count as 3 free

people Used for representation in Congress & figuring

taxes

Page 20: The Road to the Constitution. 2 Quick Review Declaration of Independence Second Continental Congress Approved July 4, 1776 The Articles of Confederation

Another compromise How to elect a president? Some say… “Let Congress pick!” Others say… “Let the people choose!” The compromise…

Page 21: The Road to the Constitution. 2 Quick Review Declaration of Independence Second Continental Congress Approved July 4, 1776 The Articles of Confederation

Electoral College A group of people would be chosen by

each state to choose the President Each state given a certain number of votes,

determined by their representation in Congress

Page 22: The Road to the Constitution. 2 Quick Review Declaration of Independence Second Continental Congress Approved July 4, 1776 The Articles of Confederation

One last compromise Conflicts over commerce & the slave trade

Congress could regulate (control) trade between states & other countries

However, they could NOT tax exports or interfere with the slave trade for 20 years

Page 23: The Road to the Constitution. 2 Quick Review Declaration of Independence Second Continental Congress Approved July 4, 1776 The Articles of Confederation
Page 24: The Road to the Constitution. 2 Quick Review Declaration of Independence Second Continental Congress Approved July 4, 1776 The Articles of Confederation

Finished…finally! September 17, 1787, finished up the

Constitution Delegates signed it, said the Constitution

would become the law of the land when… 9 out of 13 states ratified (approved) it

Page 25: The Road to the Constitution. 2 Quick Review Declaration of Independence Second Continental Congress Approved July 4, 1776 The Articles of Confederation

So everyone in the entire United States of America loved the Constitution and every state ratified it immediately and we all had a big party and we all lived happily ever after, right…?

Page 26: The Road to the Constitution. 2 Quick Review Declaration of Independence Second Continental Congress Approved July 4, 1776 The Articles of Confederation

Wrong!

Page 27: The Road to the Constitution. 2 Quick Review Declaration of Independence Second Continental Congress Approved July 4, 1776 The Articles of Confederation

A Divided Public Some people liked the Constitution, others did not

Federalists = supporters of the new constitution & a strong federal government

Federalism = A form of government in which power is divided between the federal (national) government and the states

Page 28: The Road to the Constitution. 2 Quick Review Declaration of Independence Second Continental Congress Approved July 4, 1776 The Articles of Confederation

A Divided Public Some Federalists wrote papers to rally

support for the Constitution

They were called the Federalist Papers (duh)

Who wrote ‘em? Alexander Hamilton, James Madison, & John Jay

Page 29: The Road to the Constitution. 2 Quick Review Declaration of Independence Second Continental Congress Approved July 4, 1776 The Articles of Confederation

A Divided Public What about those who didn’t like the

Constitution?

Anti-Federalists = People opposed to the constitution & a strong federal government “Don’t forget individual rights!”

Page 30: The Road to the Constitution. 2 Quick Review Declaration of Independence Second Continental Congress Approved July 4, 1776 The Articles of Confederation

Reaching an Agreement

Anti-Federalists wanted to add… The Bill of Rights

The Federalists promised to do so, and did

New Hampshire, 9th state to ratify June 21, 1788 The Constitution went into effect

The last state to ratify…? Rhode Island, 1790

Page 31: The Road to the Constitution. 2 Quick Review Declaration of Independence Second Continental Congress Approved July 4, 1776 The Articles of Confederation

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Who: Hamilton, Madison, Jay

Patrick Henry

Central Government

Strong:provide protection

Weak : focus on states

Interpretation Loose Strict

Bill of Rights Eventually Without a doubt!!!!

Supporters Wealth/industrial

common/farmers

Power of President

Lots Little - no Kings!

Federalist Antifederalist Issue

Page 32: The Road to the Constitution. 2 Quick Review Declaration of Independence Second Continental Congress Approved July 4, 1776 The Articles of Confederation

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Lesson questions

What does interpretation mean?

What does strict interpretation of the constitution mean?

What does loose interpretation of the constitution mean?

Page 33: The Road to the Constitution. 2 Quick Review Declaration of Independence Second Continental Congress Approved July 4, 1776 The Articles of Confederation

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Founding Fathers The Framers of the Constitution

wrote a very generalized document.

Purpose? To allow future Americans

flexibility.

Look at Article I, Section 8, Clause 18 of the U.S. Constitution on page 170 on the textbook. Read it carefully.

The nick name of this passage is the Elastic Clause.

Can you tell why?

Page 34: The Road to the Constitution. 2 Quick Review Declaration of Independence Second Continental Congress Approved July 4, 1776 The Articles of Confederation

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Competing interpretations Who interprets?

The Supreme Court!

How?

Strict or literalist

Which Means? The Constitution

means exactly what it says!

Framers had an exact plan

Page 35: The Road to the Constitution. 2 Quick Review Declaration of Independence Second Continental Congress Approved July 4, 1776 The Articles of Confederation

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Competing interpretations The counterpart of strict interpretation is?

Loose interpretation

Which means?

Meaning of certain portions of the Constitution can stretched to the user’s needs