Writing the Constitution

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Transcript Writing the Constitution

Bellringer

“…Article 6. There shall be neither slavery nor involuntary servitude in the said territory otherwise than in the punishment of crimes whereof the part shall have been duly convicted” Define Federalism.

The division of power between states and the federal (central) government Based on this excerpt from the Northwest Ordinance (1787), which statement is a valid conclusion 1) The issue of slavery was largely ignored prior to the Civil War 2) Abolitionists had gained control of the Constitutional Convention 3) Slavery was legally banned in the Northwest Territory 4) Enslaved persons had constitutionally protected civil rights What was the problem with the Articles of Confederation?

The states were too strong while the fed was too weak. The fed could not raise an army or taxes.

Bell ringer

-House of Burgesses government To raise money to pay off war debts. It created a way to admit new states Articles of Confederation The Federal government was weaker than the states

Constitutional America

Review

The newly independent America was distrustful of strong government, and created a weak central government known as the Articles of Confederation. Under the Articles of Confederation the Federal Government was too weak. They could not pay war debts, raise an army or enforce its decisions. When Daniel Shay’s led a rebellion against the Massachusetts tax system, it took a year to shut it down.

Constitutional Convention

55 delegates from all the states (except Rhode Island) met to create a new constitution. The delegates were made of prominent lawyers, planters and merchants. Most of the population, however, were small farmers.

How do the delegates not represent the majority of Americans?

The most famous delegate was George Washington, though James Madison may have had the most influence on the constitution.

What are we talking about here?

The Constitutional Convention was an attempt to create a strong FEDERAL government. This means taking power AWAY from the states. Federalism the division of power between the States and Federal government

Federalists vs. Anti-Federalists

The Americans were still distrustful of Strong Government, creating divisions among the delegates. Federalists- Want a strong Federal government for efficiency Anti-Federalists- Want strong state governments to protect the people

Compromise! Compromise! Compromise!

GOAL: Create a strong enough government to govern effectively, while protecting individual liberties.

Plan: Compromise: the Constitution took many compromises, but there are 4 major compromises.

1) The issue of Representation 2) The issue of Slavery 3) The issue of commerce 4) The Presidency compromise

Issue of Representation

The continental Congress had to decide what the legislature would look like and how the representatives would be selected.

New Jersey Virginia

Virginia vs. New Jersey plans

This compromise is called the Connecticut Plan, or the Great Compromise

The Great Compromise

Representing Slaves

A bitter debate continued over slavery and power. The Southerners wanted the enslaved people to be counted for representation purposes, but not for taxes. What advantage would this be for the Southerners?

The 3/5ths compromise

 Actual number of slaves  Actual number of slaves counted for taxes and representation

The Commerce Compromise

Commerce= Trade

The Issue: North- wants a government to regulate trade South- worried there will be tariffs on produce exported and that slavery will be restricted

Commerce Compromise

To compromise the delegates agreed that the congress could not pass export duties (taxes). Additionally, Congress could not prohibit or limit slavery for 20 years.

Additionally, runaway slaves had to be returned to the South.

Slavery could not be prohibited for the next 20 years. What problems do you foresee with this arrangement?

Presidency Compromise

The Americans were still distrustful of a strong government, so outlining the president’s powers was especially difficult. Federalists- supporting stronger government these delegates wanted a long term of office and direct elections Anti-Federalists- Supported stronger state governments and wanted a short presidential term and election by state legislatures.

Presidency Compromise

-Four year Terms -Indirect Election (Electoral College) ** Notice there is NO limit to the number of terms**

Copy this table Compromise The Great Compromise Three-Fifths Compromise Commerce Compromise Presidency Compromise Issue

Equal or proportionate representation in Congress Counting enslaved people within population to determine representation Granting Congress the power to regulate interstate and foreign trade Length of a president’s term of office and method of election

Solution

States would have equal representation in the Senate, but the House would be depend on population Enslaved people were counted as 3/5 of one person, both for taxation and representation Congress is forbidden from taxing state exports, or passing anti-slavery trade laws for 20 years Presidents will serve a 4yr term and be elected by the electoral college

Review

The primary purpose of the Articles of Confederation was to (1) provide revenues for the national government (2) establish the basic framework of the national government (3) give the national government the power to regulate interstate commerce (4) guarantee a bill of rights to protect citizens from the national government Which statement regarding the United States Congress is best supported by the information in this cartoon?

(1) Congress must meet at least once every year.

(2) Members of the House of Representatives must be chosen every two years.

(3) Each house of Congress must publish a journal of its proceedings.

(4) Representation in the House of Representatives is based on state population

Federalist vs. Anti-Federalists

Ratification

Once the delegation had written the constitution it had to be ratified, or approved by the states. The writers had written that 9 of the 13 colonies must approve the constitution for it to go into effect. However, there were fierce debates in all the states between the Federalists and Anti-Federalists.

Federalists: Wrote the “Federalist Papers” to promote ratification Anti-Federalists: Worried the constitutional government would threaten the rights of the people. Demanded a Bill of Rights.

Ratify- Approve

The United States Constitution

Ratification

Ultimately the new Constitution was approved by the 13 colonies, and went into effect in 1789. The first president was George Washington. Some didn’t want to approve the constitution because they were worried they would lose their rights. So Congress immediately went into session to respond to calls for a Bill of Rights. The first ten amendments were passed by 1791.

US Constitution

The US Constitution provides a clearly defined framework of government. The Preamble provides the reasons for writing it: -to create a better stronger government -to ensure a system of justice -to provide for peace at home -to provide for the defense of the nation -to promote the well being of the people -to secure liberty to the people and to future generations.