C H A P T E R T W O

The Constitution

Essays for the test** do 2 of these essays **

The Great Compromise resolved the key issue at the Philadelphia Convention. Explain what the key issue was, how it was resolved AND why this compromise is considered SO important to the United States.

Federalist and Anti-Federalists had a VERY different view of the Constitution. Detail the arguments for each side. How was this disagreement resolved?

Explain the AMENDING PROCESS? Why was it made so intentionally hard? Do you believe that the Constitution is a “living and breathing document?” WHY

Background

Up until the French and Indian War, Britain’s policy toward the American colonies was one of benign neglect. (salutory neglect)

The war was long and costly, fought mainly in the colonies

Britain, concerned about bankruptcy, changed it’s American colonial policy

Policy Change

Britain instituted a series of taxes to pay for her colonial wars

The change in policy caused great resentment(taxation without representation)

Resentment grew with each new tax and eventually it led to revolt

So . . .????

Was the change in policy reasonable or unreasonable?

If reasonable, why did the colonists resent it?

If unreasonable, what part was unreasonable and why?

Resentment Grew

First to protests Stamp Act Boycott Boston Massacre

Then to rebellion Boston Tea Party 1st Continental Congress Letter of Rights and Grievances

Finally to independence Declaration of Independence

• Rewrite assignment

Declaration of Independence Rewrite

Group One (Maddy, Hunter, Zach M, Samantha S) P. 35 Beginning thru “Candid World”

Group Two (Casey, Marissa, Mark, Andrew, Jerome) P. 36 “He has” thru “had affected to”

Group Three (Sateeva, Samantha J, Zach S, Erik) P. 37 “He had combined” thru “sexes and conditions”

Group Four (Alyssa, Samantha L, Nicole, Rachel) P. 38 “”In every stage” to the end

Independence

1774 - a Continental Congress was formed

In 1776, the Continental Congress adopted a Declaration of Independence

Your text describes the Declaration of Independence as a polemic

A polemic is a controversial argument, as one against some opinion, doctrine, etc. - in this case, an argument against British rule.

Declaration of Independence p. 693-94

In addition to being a polemic, the Declaration also set forth a new philosophy of government

Included in it are the following important principles:

Natural Rights

Consent of the Governed

Limited Government

Natural Rights

What is important about this concept?

How does it differ from the idea that government gives people rights?

Consent of the Governed p. 693-94

Where is this stated in the Declaration of Independence?

Limited Government p. 693-94

What is the limitation of government in the Declaration of Independence?

Revolution

The Declaration of Independence led to revolution, as the Founding Fathers knew it would

This revolution was not bloodless, but compared to other revolutions, it was quite conservative

French Revolution Russian Revolution Chinese Revolution Iraq/Afghanistan Revolution

The Revolution

Although the Revolution did not make radical changes in Colonial lives, some changes were dramatic

On page 36 in your text is a chart that shows changes in economic status

The First Constitution

The Continental Congress that drew up the Declaration of Independence also drew up the plans for a new government

The Articles of Confederation * States had the power

* Weak central government

* Change required unanimity

Articles of Confederation

Despite its weaknesses, the Articles held the new nation together through a war for independence

It also established the precedent of written Constitution

What is important about having a written

Constitution?

Post-War America

An economic downturn followed the Revolution

Each state tried ineffectively to deal with the problems. Each state became more concerned with their well-being than the good of the nation

A series of armed attacks by farmers on debtors added to concerns (Shays’ Rebellion)

Colonial leaders recognized the need for a stronger government

Philadelphia Convention

Delegates from each state were to meet to revise the Articles of Confederation

Instead, a new government was created

Delegates had to create a government AND deal with questions of equality, economics and individual rights

Equality

The biggest equality issue was over state power Population vs. equality

This had to be overcome first

It was solved by the Great Compromise Virginia Plan (big states) New Jersey Plan (little states) Connecticut Compromise ** Great Compromise

Virginia Plan

Strong National GovernmentBalance of powers among 3 branches of government

Legislature bicameral Executive – One leader chosen from Senate

Representation based on population/wealth

(proportional representation)

New Jersey Plan

Equal Representation – each state gets same number of representatives

3 branchesUnicameral LegislaturePlural ExecutiveSupreme Court

THE GREAT COMPROMISE (representation)

Connecticut Compromise(GREAT COMPROMISE)

Key Issues Representation

Big states vs. small states (gov’t power) Trade

North states vs. south states (protect their economic base)

Slavery Moral issue – ethics vs. property/states rights

Best of both plans

REPRESENTATION (the great compromise) House of Representatives: Based on Population

Voice of the people – elected body Senate – Based on Equality

Voice of the States – chosen by state legislatures President – Elected by ELECTORAL COLLEGE

Voice of the entire US

TRADE

Congress would control INTERSTATE COMMERCETreaties

North – President would be empowered to make treaties South – The Senate would have to ratify any treaties

Other Compromises

SLAVERY – not mentioned by name 3/5ths compromise (see next slide)

Fugitive Slave Clause - escaped slaves would be returned to their state/owner. The federal government would enforce this law

The Great Compromise

What was it and why was it so important?

What other issues were handled by the delegates?

Economic Issues (trade, taxation) Slavery

Basic Principles in the Constitution

Limit Majority Control Only House of Representatives in control of majority vote

Separation of Powers 3 branches

Checks and Balances Each branch “watchdogged” the other two

A Federal System Powers divided between federal and state governments

It is difficult to imagine

How the Framers could have possibly created a more inefficient government

BUT, the Framers did NOT care about an efficient government

Why?

The Constitution

Once hammered out, the new government and Constitution had to be sold to the people

It was decided to call special state conventions to ratify the Constitution

Why state conventions and not state legislatures? Was this a more, or less democratic method?

For and Against

There was strong opposition put forth by the Anti-Federalists

Who were the Anti-Federalists and what were their arguments?

Who were the Federalists and what were their arguments?

The Federalist Papers

3 men wrote a series of articles under pen names James Madison, Alexander Hamilton, & John Jay

The Federalist Papers give key insight into the minds of the framers of the Constitution

Still believed to be the BEST arguments for American style democracy ever written

Antifederalist Papers – also wrote articles to support their side of the ratification argument

Debate played out in each state as the vote for or against ratification neared

Ratification Debates

Each state held debates on the issueBoth sides sent in speakers9 of 13 states needed to ratifyBig states held out (New York, Virginia, Pennsylvania)Key Issues:

Protection of Individual Rights Elitism – rule by the elite

Anti-Federalist Paper #1

“The hideous daemon of Aristocracy has hitherto had so much influence as to bar the channels of investigation, preclude the people from inquiry and extinguish every spark of liberal information of its qualities. At length the luminary of intelligence begins to beam its effulgent rays upon this important production; the deceptive mists cast before the eyes of the people by the delusive machinations of its INTERESTED advocates begins to dissipate, as darkness flies before the burning taper.”A Federalist, Anti-Federalist No. 1, “A Dangerous Plan of Benefit only to the ‘Aristocratick Combination,’” Boston Gazette and Country Journal, November 26, 1787

Relate these to today

One major argument against the Constitution was that it was an “elitist” document that protected the landed property-owner class

Land owners vote Senate chosen by state legislatures President chosen by “Electoral College”

Virtually, the same arguments continue to this day Special Intersests , PAC’s use money to influence Lobbyists (paid influencers) Electoral College still used Money now heavily impacts elections

AMENDING THE CONSTITUTION

Use your pocket Constitution (p.15) to read Article 5Use that information to fill in the chart on your

handouts

AMENDING PROCESS

Ratification

The major sticking point to ratification of the Constitution was the absence of individual liberty protections!! Government TOO POWERFUL

!! No specific rights are protected

+ Feared listing rights afraid they might miss something

+ States had rights listed, federal government didn’t need to

The Bill of Rights was added to ease those concerns

Allowing for Change

The new Constitution was more flexible than the Articles and could be changed

BUT, change is difficult and the status quo (no change) is favored, why?

Informally changing the Constitution

Make a list of the informal methods of changing the Constitution (p. 54-57)

Judicial InterpretationChanging Political PracticeTechnologyIncreasing Demands on Policymakers

Question

Should “gay” rights be formally included in the Constitution as an amendment?

What should be included in the Constitution? Are “gay rights” a category that should be protected as a

constitutional right? Are there other categories that might be

Key Ideas

Declaration of IndependenceArticles of ConfederationShays RebellionConstitutional ConventionSteps to stop abuse of powerFederalists/Anti-FederalistsAmending ProcessInformal Changes“Tyranny of the Majority”

Tyranny of the Majority

Federalists believed in the government being run by the educated elite

Tyranny of the Majority feared Only House of Representatives directly elected by the voters Senate chosen by State Legislatures President chosen by Electoral College Justices chose/confirmed by President/Senate

Federalist & Anti-Federalist Papers

25-30 minutes to read/highlight these key documents Are they for or against the Constitution? What part of the Constitution is being discussed? What are the main points made by the author? Summarize the document in 1 paragraph