Activator

1. Activator • Write: Evaluate the extent to which the Articles of Confederation were effective in solving the problems that confronted the new nation, with respect to: • Foreign relations • Economic conditions • Western lands

2. Homework • Watch Constitution lecture: http://www.youtube.com/watch?v=r1OPZPgcLRQ. • C9 quiz (up by 5pm) • Articles/Constitution blog post

3. Period 3 To what extent was the Constitution a radical departure from the Articles of Confederation?

4. The Specter of Shays’ Rebellion • Brinkley: Shays’ exposed the Articles of Confederation as weak for lacking a strong central government (executive) that could adequately respond to crises, control the violent “mobocracy.” • Jefferson: Saw Shays’ as the latest in a string of popular revolts against tyrannical governments that would eventually topple elitist, authoritarian government and lead to a democratic revolution. • Influenced the propertied “Framers,” or delegates who attended the Constitutional Convention in Philadelphia, 1787.

5. 5/13 ain’t bad, right? (wrong) • Direct/proximate cause: Interstate commerce • Called by VA • Only 5/13 states met in Annapolis, ML in 1786 • Alexander Hamilton saves convention by calling another in Philadelphia, 1787 • Broader goal: “for the sole and direct purposes of revising” the Articles

6. A Convention of “Demigods” • Philadelphia, 1787 • 55 emissaries from 12 states (paper-moneyite “Rogues’ Island” the lone holdout) • Delegates appointed by states legislatures, reflected the propertied class • Met in summer, locked windows, pledged complete secrecy and willingness to debate • Processing: Which analytic lens is reflected in the description of the Framers as “demigods”?

7. The constitution-makers • Conservative • Well-to-do: lawyers, merchants, shippers, land speculators, moneylenders • No delegates from poor, debtor class • 19/55 owned slaves • Young (~42) • Nationalist—preserving and strengthening the young republic • Democratic—represented the interests of the people (to what extent?)

8. The Framers • “Framers” • George Washington (VA) • Benjamin Franklin (PA) • James Madison (VA) • Absent: • John Adams (MA), Thomas Jefferson (VA) in Europe • Samuel Adams and John Hancock (MA) not elected • Patrick Henry (VA) chosen but absent; “smelled a rat” • Processing: How might this debate have gone differently if these men were present?

9. Processing: Broadly, Founders? In what ways might the following individuals be considered “Framers” of the Constitution, even though they were not in Philadelphia? • Lord Sheffield • Dey of Algiers • Daniel Shays • Fear

10. Compromises • The Virginia Plan • large-state; bicameral; rep base on pop. • The New Jersey Plan • small-state plan; unicameral; equal rep. • The Connecticut Compromise, aka “The Great Compromise” • House of Representatives (based on pop.) • Senate (equal rep., 2/state) • Tax/revenue bills would originate in the House

11. Key concept: A balanced government • Federalism • Three levels: Federal (sovereign), state, local • Bicameral • House/Senate • Separation of Powers • Three branches: Legislative, Judicial, Executive • Checks and balances (e.g. veto)

12. Key concept: A strong executive • Inspired by MA, where a strong, elected governor suppressed Shays’s Rebellion • President • Commander-in-chief • Wide powers of appointment to domestic offices (including judgeships) • Veto power

13. “Bundle of Compromises” Electoral College • Indirect election of the President • Insulates Presidency from the people (mob; tyranny of the masses) • Large state advantage in initial round; small state advantage in the vote-off (House; 1 vote/state) • Only happened twice: 1800, 1824

14. “Bundle of Compromises” The Peculiar Institution (slavery) • Should (voteless) slaves count when factoring direct taxes and representation in the House? • South: yes! • North: no, slaves aren’t citizens (neither are horses) • “three-fifths compromise” according to census (every ten years) • Slave trade extended until 1807

15. Key concept: safeguarding against the mobocracy • Processing: What aspects of the Constitution limited popular participation in government? How and why were the framers fearful of the masses? • Safeguards against excess of the “tyrannical majority”: • Federal judges appointed for life • Indirect election of President via electoral college • Direct election allowed only in one-half (House) of one branch (Congress), and only propertied citizens could vote

16. Key concept: Republicanism  Representative Democracy • Two republican principles: • Legitimate government is based on consent of the governed (John Locke’s social contract theory) • Powers of government should be limited; the virtue of the people, not the authority of the state, was to be the ultimate guarantor of liberty (“we the people”)

17. Vote • 17 muggy weeks • 42/55 remained • Three refused to sign (George Mason, Edmund Randolph of VA; Elbridge Gerry, MA) • Wrote in a new rule: • 2/3 of states can call for a special constitutional convention to propose amendments • If 2/3 of states adopt amendments, they become supreme • Revolutionary! Went over the heads of the Congress that had called the convention in the first place! Appealed directly to… the people! (certain people)

18. Processing • To what extent was the Constitution a radical departure from the Articles of Confederation?