Download Timeline to the U.S. Constitution

 Articles of Confederation
 “firm league of friendship”
 Remember the weaknesses and successes
 Annapolis Convention
 Significance?
 Meeting to discuss trade and economic regulations
 Led to agreement to meet in May to “revise Articles”
 Shays’ Rebellion
 Revolt in MA- frustrated farmers were losing land
because they could not pay debts in hard currency
 Farmers demanded an end to foreclosures, relief from
oppressively high taxation, and increased circulation of
paper money
 Led by Daniel Shays , rebellious farmers forced several
judges to close their courts
 Influenced negative public opinion of existing
government
 Helped convince key leaders that the Articles were too
weak and that the United States needed a stronger
central government
 Does the confederation have enough power to maintain
order, protect property or promote commerce? Will this
existing government survive?
 Constitutional Convention
 Challenge?
 Strong government yet preserve liberty
Jefferson called the group an “assembly of demi-gods”
 Madison’s role?
 “Father of the Constitution”
 1. Human Nature: Delegates believed that people were
self-centered and selfish
 “There are two passions which have a powerful influence
on the affairs of men: the love of power and the love of
money.” Franklin
 2. Political Conflict: The unequal distribution of
property is the primary source of political conflict
 inevitably causes factions
 factions can not be trusted, must be kept in check
 3. Purpose of Government: Framers agreed with Locke
that the “preservation of property is the end of
government”
 Shays’ rebellion alarmed framers; they feared the threat
of “excessive democracy” posed by unruly state
governments
 4. Nature of Government: Framers agreed with
Montesquieu that government should be limited and
that power should be divided into separate branches
 Framers supported limited government with specific
powers and a carefully designed set of checks and
balances
 Proposals
 Virginia Plan
 Bicameral Legislature
 Representation based on population
 New Jersey Plan
 Unicameral Legislature
 Equal Representation
 Connecticut Compromise or Great Compromise
 Bicameral
 House: population and elected by people *
 Part of the constitution that was originally most closely tied to
citizens
 Senate: equal representation and selected by the state
legislatures
 All tax/spend bills will originate in the House of
Representatives
 Resolved the dispute between large and small states.
 Connecticut compromise continues to give less populous
states a disproportionate influence in Congress.
 10 most populous states have a total of 20 Senators to represent 53
percent of the U.S. population
 10 least populous states have 20 Senators to represent about 3
percent of the U.S. population
 3/5 Compromise-balanced N and S representation
in House; temporarily defused tensions between
the North and the South
 3/5 compromise eliminated by what?
 Presidential term-4 year term v. unlimited number
of years
 Federal courts-Constitution est. Supreme Court,
all other courts created by Congress
 Excessive Democracy
 Majority Rule - Hamilton and Madison feared
majorities could abuse their power
 Shay’s Rebellion provided ample proof
 Indirectly Elected President
 Electoral College-people elect president v. Congress elects
president? President (Executive Branch is NOT by direct
election)
 Framers created an electoral college comprised of
electors who would then choose a “distinguished
character of continental reputation”
 Electors are now rubber stamps who follow the popular
majority in their states
 State legislatures originally elected Senators
 Changed by what amendment?
 Staggered term makes it easier to resist popular pressure
 Framers believed Senate would “check” the House of
Representatives
 Supreme Court-president or senate selects?
 Federal judges serve until they resign, retire, or die in office-
can only be removed through impeachment
 Independent judiciary that is insulated from popular control
 Federal judges are appointed by the President and confirmed
by the Senate
 Federalists v. Anti-federalists
 Ratification sparked a nationwide debate
 Large landowners, wealthy merchants, and
professionals
 Favored stronger national government
 Size of the republic will prevent factions and will limit
government
 Constitutional guarantees
 Writ of Habeas Corpus (reason for detention)
 No bills of Attainder (no law punishing w/o a jury trial)
 No ex post facto (no retroactive laws/punishments)
 States already have Bill of Rights
 National powers are DELEGATED
 So…we don’t need a national Bill of Rights!
 Included small farmers, shopkeepers, and laborers
 Feared too much national government
 “States’ Rights”
 Wanted a Bill of Rights
1.
2.
3.
4.
5.
6.
7.
8.
The executive has too much power.
Power needs to be divided between the national
government and the state governments.
The “necessary and proper” clause gives too much
authority to Congress.
The new government needs a strong executive.
Since all rights cannot be listed in the Constitution, it is
better to add a bill of rights after ratification.
No bill of rights has been proposed.
Because all branches are equal, no branch can control
the other branches.
The proposed Constitution gives too much power to the
national government at the expense of the states.
 The Federalist Papers
 Jay, Madison and Hamilton (85 essays)
 “Publius”
 Targeted NY and VA
 1788- 9th state ratifies Constitution
 1791- The First Congress ratified the Bill of Rights
 Formal Amendment Process
 1. Methods of Proposal
 2/3 vote in both houses of Congress
 National constitutional convention called by Congress at the
request of 2/3 of the state legislatures
 2. Method of Ratification
 By legislatures in ¾ states
 By conventions in ¾ of the states
 3. Key Point
 Amendment process illustrates the federal structure of
American government
 Not a quick or easy process (isn’t supposed to be!)
 1. Congressional Legislation
 Laws passed by Congress (clarify and expand
constitutional provisions)
 Acts of Congress created the cabinet departments
 2. Executive Actions
 Send troops into combat without a declaration of war
 Executive agreement
 3. Judicial Decisions
 Judicial Review (Marbury v. Madison)
 “The Constitution says what we say it says” – Oliver
Wendall Holmes
 “The Supreme Court is a constitutional convention in
continuous session” – Woodrow Wilson
4. Party Practices
 Political Parties are NOT mentioned in the Constitution
 (their very existence, the nomination process, congressional
organization)
 5. Unwritten traditions
 President nominates federal judges who are approved by
the Senate
 Unwritten tradition of senatorial courtesy requires the
President to first seek the approval of the senator or
senators of the President’s party from the state in which
the nominee will serve