we have to take a look back at the other crucial documents that impacted out country. we have to...
TRANSCRIPT
Before we get there.We have to take a look back at the other
crucial documents that impacted out country.
The first is the Declaration of Independence
Written primarily by Thomas Jefferson and other committee leaders of the Continental Congress in 1776
How did it impact the Constitution?
It explained why we needed to try and break from England
It lists many abuses brought about by bad leadership
This is a list of what gov should not be allowed to do. Key guide to the rights maintained in a limited government
Independence!1781- A plan for rule had already been
debated and accepted
Our plan: The Articles of Confederation
Included many features aimed at allowing the goals of the Declaration to be put in place
The Articles Cont.These articles allowed
for:
1. The dominance of local and state authority
2. Control of taxes at the regional level
3. A voluntary union by the states
Problems?They could not effectively deal with
threats from:
Foreign Nations
Feuding States
Or the massive financial crisis
Specific WeaknessesNo separate executive branch was established
No methods for the central government to collect taxes were present
No federal judiciary was created to settle interstate disputes
No amendments could be added without unanimous state approval. (None ever were)
As a result:Only two pieces of legislation were
passed
Disputes between states raged over taxes and trade and no central authority could settle the problems
Veterans of the Revolutionary War were not paid
As a result continuedThe central government had no funds
State governments were broke and had no place to turn
National credit in key European banks collapsed
No agreements on tariff attempts, trade negotiations, or key issues such as support from France, or Great Britain
Growing disputes between Northern and Southern States
Shay’s Rebellion
Predicted that the Articles would fail and called for their removal almost every year of their existence.
The Convention ConvenesAlexander Hamilton recommended to meet in
Philadelphia in the spring of 1787, this request was forwarded to the Continental Congress.
Two ground rules would govern the convention proceedings.
First, all deliberations were to be kept secret. (Detailed word about the debates remained guarded until the publication of Madison’s notes in 1840.)
Second, no issue was to be regarded as closed and could be revisited for debate at any time.
The Convention convened on May 25, 1787, at the State House (now Independence Hall) in Philadelphia.
It opened several days later than planned because of the slow arrival of some delegates. All of the states were represented except for Rhode Island, which declined to attend.
Demographics of The Delegates
-55 delegates (none from RI)-33 Lawyers-half were college graduates-7 former governors-7 plantation owners-8 business leaders-age 26-81 (avg. age 42)-all male, all white
Washington as PresidentWashington, noted for his patience and
fairness, was selected as the presiding officer.
Interestingly, a number of prominent figures of the day did not attend, including Richard Henry Lee, Patrick Henry, Thomas Jefferson, John Adams*, Samuel Adams, and John Hancock.
The stated goal of the Convention — the revision of the Articles of Confederation — was quickly discarded, and attention given to more sweeping changes.
Discussion turned instead to two competing concepts of how a new government should be formed, the Virginia Plan and the New Jersey Plan.
Virginia PlanVirginia Plan
Favored large statesStrong central governmentBicameral (two house) legislature –
larger house elected by the people (House of Representatives, and a smaller house that was selected by larger house (Senate)(This would change in the 17th
Amendment)
New Jersey PlanNew Jersey Plan
Agreed with strong central government…BUT
Congress would be unicameral (one house) with states having equal votes
Did not want large population states to dominate the legislature
How do we Compromise?Connecticut Compromise
A bicameral legislature in which the House of Representatives membership apportioned according to the state populations
An upper house, the Senate, which would have two members from each state, elected by the state legislature (popularly elected today)
What to do about the slaves?3/5’s Compromise
Agree to allow the South to count 3/5 the population in each state to balance the power of North and South
1808 Slave Trade
Madisonian Principles of Gov’tPopular Sovereignty – power to govern belongs
to the people, gov’t based on the consent of governed
Separation of Powers – division of gov’t between branches: executive, legislative and judicial
Checks and Balances – a system where branches have some authority over others
Limited Government – gov’t is not all-powerful, and it does only what citizens allow
Federalism – division of power between central government and individual states
Separation of Powers Prevents an all-powerful ruling body
1. Legislature – passes law (Congress)
2. Executive – enforces law (President)
3. Judiciary – interprets law (Supreme Court)
Amending the ConstitutionMeant to be difficult
Require action from national and state gov
Amendment proposed by 2/3 vote in each house of Congress and ratified (accepted) in at least ¾ of state legislatures
Was it a Republic or Democracy?http://www.youtube.com/watch?v=bVD
0bZ5H4MY&feature=youtu.be
When The Convention finishedThe most difficult task began
That was to get approval from the states.
They had to get nine of the 13 states to approve the Constitution before it would officially become law
State ConventionsCitizens of the States did not get to
vote on whether or not they wanted the Constitution
Instead they used special state conventions to try and ratify the Constitution
And the states put up a fight, Why?
How did the Framers convince the conventions?They used they anonymous newspaper
articles published in Newspapers around the nation, the goal of these articles: Convince the public that this Constitution was the best chance for our nation to succeed.
These were called “The Federalist Papers”– in favor of adoption of US Constitution
creating a federal union and strong central government
Who wrote the papers?Alexander Hamilton 51 articles: nos. 1,
6–9, 11–13, 15–17, 21–36, 59–61, and 65–85
James Madison 29 articles: nos. 10, 14, 37–58 and 62–63
John Jay 5 articles: 2–5 and 64
Nos. 18–20 were the result of a collaboration between Madison and Hamilton.
Federalist #10Madison addresses biggest fear of
gov’t
Faction – a group in a legislature or political party acting together in pursuit of some special interest (think fraction – ½, 1/3, etc)
Founding fathers were concerned that our government would be ripped apart
Madison defends our national Constitution
Separation of Powers check the growth of tyranny
Each branch of government keeps the other two from gaining too much power
A republic guards against irresponsible direct democracy or “common passions”
Factions will always exist, but must be managed to not severe from the system.
Their opponents: The Anti FederalistsPatrick Henry: Was their main voice
Why did they oppose the Constitution?
Their Beliefs:Central gov’t would threaten liberty
Aristocratic tyranny could happen
Demanded a guarantee of individual rights and liberty
States power was too limited