Download Father of the Constitution - revolutions-past-present

Just to Recap…
• The US under the Articles of Confederation
was a mess! Why?
• The economy was in shambles.
• Shays’ Rebellion showcased the need for a
better system of government.
• GEORGE
WASHINGTON
–Chairman of the
Convention
• Presided over the
Convention
–Didn’t participate in
debates, but lent his
prestige (fame) to the
proceedings
• JAMES MADISON
–“Father of the
Constitution”
–Virginian & brilliant
political philosopher
–Led the debate
–Kept detailed notes = best
record of what happened
in the meeting
–Author of the “VIRGINIA PLAN”
• Proposed a FEDERAL (instead of
CONFEDERATE) gov’t of 3
branches
–Legislative, executive, judicial
• Became the foundation for the
structure of the new gov’t
• Later wrote much of the BILL OF
RIGHTS
Alexander Hamilton
• Illegitimately born
in the West Indies,
immigrated to New
York, and served in
the Revolutionary
War.
• Most vigorous
advocate of strong,
central, national
government.
• WHO WASN’T THERE:
• Original purpose to Convention
was REVISION of the
ARTICLES OF
CONFEDERATION
–As VIRGINIA PLAN was revealed,
delegates debated & then agreed that
a NEW gov’t should be created
• THREE BIG DEBATES
–1. REPRESENTATION
–2. COUNTING SLAVES
–3. SLAVERY & SLAVE
TRADE
• REPRESENTATION
–Large States v. Small States
–Virginia Plan v. New Jersey Plan
• VA Plan = each state rep based on
pop; each rep gets a vote in the new
legislature
•NJ Plan = each state has same
# of rep each with a vote
regardless of pop
• THE GREAT COMPROMISE:
• 2 House legislature
House of Representatives = members
elected based on population
Senate = each state would have equal
representation regardless of size.
• HOW TO COUNT SLAVES FOR
REPRESENTATION and TAXATION
–North v. South
• North wanted all slaves to count for
taxation, NOT representation
• South wanted all slaves to count for
representation, NOT taxation
• RESOLUTION:
–3/5 COMPROMISE
•Each person of servitude would
count as 3/5 of a person in the
population of states for BOTH
rep and taxation
• SLAVERY
–North v. South (again)
• North wanted Congress to regulate
interstate & foreign commerce;
• South feared power of central gov’t
to tax exports
–South afraid Congress would
outlaw slave trade
–North wanted runaways to be able
to gain freedom in free states;
South wanted “property”
returned to them
• RESOLUTION:
• COMMERCE COMPROMISE
– Congress power to regulate interstate &
foreign commerce
– Congress NOT tax exports or restrict
slave trade for 20 years
– Slaves couldn’t gain freedom by running
away to free state
• OTHER KEY ISSUES:
– Federal (national) law = supreme law of
the land, otherwise states govern
themselves
– Numerous checks & balances between 3
co-equal branches
– Limited power of Federal gov’t to those
identified in the Constitution (10th
Amendment)
Separation of Powers
• Legislative-bicameral legislature-Congress
• Executive branch-President
• Judicial branch-Supreme Court
Congress
Frederick Muhlenberg of
Pennsylvania-the first
Speaker of the House
• Made all laws deemed “necessary
and proper.”
– Also called Elastic Clause
– Source of much controversy
• Has the power to levy taxes,
borrow money, declare war, deal
with foreign nations & Indians,
and promote the general welfare
• Commerce clause- power to
regulate interstate and foreign
commerce
President
• Charged with enforcing
the laws
• Commander-in-Chief of
the armed forces
• Elected by the electoral
college
George Washington is sworn in
as the first President of the
United States
Supreme Court
John Jay, the first Chief
Justice of the Supreme Court
• Justices appointed by the
President to life terms and
approved by Congress.
• Charged with interpreting
the constitutionality of
laws (not an easy task)
• Highest level of
jurisdiction of the federal
court system
Checks & Balances
• To prevent an accumulation of power
dangerous to liberty, authority within the
government is diffused and balanced against
itself.
• What are ways that the 3 branches of
government check the power of each other?
Supremacy Clause
• States that the
Constitution is the
“supreme law of the
land.”
– Asserts authority of the
national government
over the states.
Bill of Rights
• Needed to ratify the
Constitution as many large
southern states refused to
ratify it.
• Madison wrote the first 10
amendments to the
Constitution in 1791.
• Mirrored the Virginia
Declaration of Rights written
by George Mason 15 years
earlier.
Bill of Rights
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Freedom of speech, religion, press, & assembly
Right to bear arms
Protection from quartering of troops
Protection from unreasonable search & seizure
Right to due process and protection from double jeopardy and
self-incrimination
Right to a fair, speedy trial by jury of peers
Right to a civil trial
Prohibition of cruel and unusual punishment
Protection of the rights of the people not listed in the
Constitution.
Powers not granted to the federal government are reserved for
the states.
• The CONSTITUTION established a
gov’t that has a FEDERAL
STRUCTURE:
– shared power between the national gov’t
and state gov’ts
– Protected the rights of states
– Provided a system for orderly change
through amendments to the Constitution
itself
• Federalist v. Anti-Federalists
–Who?
–Major Differences?
Federalists
• Advocates of a stronger Union
• Believed that the sphere of
government should be extended
• Generated support for the
ratification of the Constitution
through the publication of The
Federalist
– Collection of 85 essays that
appeared in newspapers
throughout the country
– Written by Alexander
Hamilton, James Madison, and
John Jay
Anti-Federalists
• Opposed to the ratification of
the Constitution
• Insisted the Republican
government could succeed
only in smaller communities,
which were more uniform and
harmonized.
• Very instrumental in getting
the Bill of Rights ratified.
• Included revolutionaries such
as Samuel Adams, John
Hancock, and Patrick Henry