The Constitution

1. The Constitution Chapter Two

2. 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

3. 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

4. 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

5. 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?

6. 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

7. 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

8. 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.

9. 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

10. Natural Rights What is important about this concept? How does it differ from the idea that government gives people rights?

11. Consent of the Governed p. 693-94 Where is this stated in the Declaration of Independence?

12. Limited Government p. 693-94 What is the limitation of government in the Declaration of Independence?

13. 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

14. 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

15. 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

16. 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?

17. 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

18. 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

19. 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

20. Virginia Plan • Strong National Government • Balance of powers among 3 branches of government • Legislature bicameral • Executive – One leader chosen from Senate • Representation based on population/wealth (proportional representation)

21. New Jersey Plan Equal Representation – each state gets same number of representatives 3 branches Unicameral Legislature Plural Executive Supreme Court

22. THE GREAT COMPROMISE (representation)

23. 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

24. 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

25. TRADE • Congress would control INTERSTATE COMMERCE • Treaties • North – President would be empowered to make treaties • South – The Senate would have to ratify any treaties

26. 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

28. 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

29. 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

30. 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?

31. 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?

32. 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?

33. 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

34. Ratification Debates • Each state held debates on the issue • Both sides sent in speakers • 9 of 13 states needed to ratify • Big states held out (New York, Virginia, Pennsylvania) • Key Issues: • Protection of Individual Rights • Elitism – rule by the elite

35. 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

36. 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

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

38. AMENDING PROCESS

39. 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

40. 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?

41. Informally changing the Constitution Make a list of the informal methods of changing the Constitution (p. 54-57) Judicial Interpretation Changing Political Practice Technology Increasing Demands on Policymakers

42. 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

43. Key Ideas Declaration of Independence Articles of Confederation Shays Rebellion Constitutional Convention Steps to stop abuse of power Federalists/Anti-Federalists Amending Process Informal Changes “Tyranny of the Majority”

44. 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

45. 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