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The New Constitution
Failure of the AOC
After the war…
Economic Depression
A. Depression-economic
activity slowed and
unemployment increased
i. Southern Plantations were damaged
and could not produce as much rice,
exports dropped.
ii. Farmers produced less goods=less state
taxes=lost land when officials took to pay
debt (Shay’s Rebellion)
c. Worried gov’t couldn’t
prevent rebellion.
d. Washington “mankind, when left to
themselves, are unfit for their own gov’t”
Jefferson “A little rebellion, now and
then is a good thing.”
Slavery
i. Quakers organized first American
Antislavery Society in 1775.
ii. 1780-Penn. Passed law provided
for freeing enslaved people gradually.
iii. 1783- Mass. Ruled slavery illegal
iv. 1784-1804: New Hamp., Conn.,
R.I., N.Y., and N.J., abolished slavery
v. 1787-Penn. Free African
Society formed in Philadelphia
vi. Virginiaencouraged
manumission,
freeing slaves
vii. Abolition of
slavery divides
country
II. Call for Change
A. Leaders divided on type of
government
i. Remain system of
independent state governments
ii. Create strong national
gov’t-wanted to reform A. of C.
iii. Alexander Hamilton and
James Madison proposed a
meeting to discuss trade and
changes to A. of C. so that that
union would become a nation.
iv. Washington agreed
to attend convention.
Constitutional Convention
A. Met in Phili, May 1787, 55 delegates,
none were African American, Native
American, or Women.
The Constitutional Convention
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1787
Revising the A of C
Demographics of 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
B. Leaders: Washington,
Franklin, James Wilson,
governor Morris (wrote final
draft), Randolph, Madison
(father of Constitution-basic
plan)
C. Washington presided
w/these basic rules:
i. Each state had one vote on all
issues
ii. Majority vote was needed
iii. 7/13 states must be represented
iv. Met behind closed doors
D. 2 plans of government
Two “Revision” Plans
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Virginia Plan
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Favored large states
Strong central government
Bicameral (two house) legislature – larger
house elected by the people (House of
Representatives, and a smaller house that
was selected by larger house (Senate)
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(This would change in the 17th Amendment)
Two “Revision” Plans
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New Jersey Plan
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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
Compromise Wins
A. Decided that revising would not
solve problems, voted for National
gov’t based on the Virginia Plan.
i. How members would be elected
ii. State representation in both house
iii. Enslaved people part of
population?
iv. Ban Slavery?
Great Compromise
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A bicameral legislature in which the House
of Representatives membership
apportioned according to the state
populations, plus 3/5 the slave population
An upper house, the Senate, which would
have two members from each state,
elected by the state legislature (popularly
elected today)
Three-fifths Compromise
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Agree to allow the South to count 3/5 the
population in each state to balance the
power of North and South
Madisonian Principles of Gov’t in
the Constitution
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Popular 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
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1.
2.
3.
Prevents an all-powerful ruling body
Legislature – passes law (Congress)
Executive – enforces law (President)
Judiciary – interprets law (Supreme
Court)
Amending the Constitution
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Meant to be difficult
Require action from national and state gov
Amending the Constitution—Formal Methods
Proposal by 2/3 vote of Congress
Ratified by 3/4 of state legislatures.
Proposed by 2/3 vote in Congress
Ratified by 3/4 of state constitutional conventions
Proposed by 2/3 vote in Congress at the request of
state constitutional conventions
Ratified by 3/4 of state legislatures.
Proposed by 2/3 vote in Congress at the request of
state constitutional conventions.
Ratified by 3/4 state constitutional conventions
Informal Amendment of the
Constitution
through Basic Legislation-when Congress passes a law clarifying
Constitutional provisions.
EX: Article II, section 4
Congress can pass a law defining “high
crimes and misdemeanors”.
through Executive Actions
actions taken by the President to
clarify Constitutional provisions of the
Executive Branch.
EX: from Article II,
defining his role as “Commander-inChief”
defining his role as “Chief
Executive”
through Judicial decisions—
decisions of the Supreme Court
clarifying Constitutional questions.
EX:
Roe v. Wade (1973)
Brown v. Board of Education of
Topeka, Kansas (1954)
Olmstead v. U.S. (1928)
through Custom and Political Party
practices
we continue to do things “because we
always have”
EX:
the President’s Cabinet
political parties
political conventions
Fed vs. Anti-Fed
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Ratification – formal approval
Federalist – in favor of adoption of US
Constitution creating a federal union and
strong central government
Anti-Federalist – opposed to ratification in
1787, opposed to strong central
government
Federalist Papers
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Annoyingly hard to read
Best political theory ever
written in US
Written by Alexander
Hamilton, James Madison,
and John Jay
Publius
Convince public for
ratification
Federalist #10
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Madison 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
Federalist #10
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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.
Anti-Fed Response
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Central gov’t would threaten liberty
Aristocratic tyranny could happen
Demanded a guarantee of individual rights
and liberty
States power was too limited
Bill of Rights
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10 amendments to the Constitution
guaranteed individual freedoms and rights
limited power of national government,
guaranteed rights to states
Ratified in 1789, Bill of Rights added 1791
Did you get it????
1.
2.
3.
4.
What was the name to the first set of laws
written to govern the first 13 colonies?
What is the name of the first ten amendments
to the Constitution?
What group would not approve the
constitution unless it included the Bill of
Rights?
Life, Liberty, and the Pursuit of Happiness are
considered what?