How did the Founding Fathers address the government’s problems through the Constitution?

1. How did the Founding Fathers address the government’s problems through the Constitution? LESSON 6Shaping a New Nation

2. Why was there a motivation to create a Constitution? • 1787: The Constitutional Convention • PURPOSE: Revise the Articles • MOTIVATION: Shays’ Rebellion convinced 12 states to send delegates • 90% of the population was not represented at the Convention • 55 delegates representing 12 states (ex. Rhode Island) Shays’ Rebellion (1786-1787)

3. Why was there a motivation to create a Constitution? • Founding Fathers • James Madison • George Washington • Benjamin Franklin • Alexander Hamilton • RESULT: The delegates decided to write a new Constitution

4. Why was there a motivation to create a Constitution? • Constitutional Convention (1787): Originally event for revising Articles • Landowners’ fears fueled changes • Attempt to check power of the masses • A meeting of demigods: people who were highly honored or revered • Need for balance states rights within federal structure • Two main factions develop • FEDERALISTS: Favored strong central government • ANTIFEDERALISTS: Preferred balance of power remain with states

5. Why was there a motivation to create a Constitution? • Factions each had something to protect • SMALL STATES: Protect voice in government; also feared overwhelming government • LARGE STATES: Continue pursuit of interests (i.e., Southern planters) • NORTH: Continue trade with Europe • SOUTH: Protect mercantilist ideals

9. THE CONSTITUTION: A “Bundle of Compromises” ISSUE 1: How should the people be represented in Congress? How did the Founding Fathers attempt to address the conflicts between the states? • SIDES • SMALL STATES NEW JERSEY PLAN • Single house Congress • Congress to appoint executive and courts • Each state has one vote • Congress has power to tax and regulate commerce • Favored the small states

10. THE CONSTITUTION: A “Bundle of Compromises” ISSUE 1: How should the people be represented in Congress? • SIDES • LARGE STATES VIRGINIA PLAN • Written by James Madison • Bicameral legislature (2 chambers) • Membership determined by population • Lower House elected by people • Upper House appointed by lower house • More power to large states

11. COMPROMISE • This compromise was known as the GREAT COMPROMISE. • Creation of a bicameral legislature • Two chambers of Congress: • HOUSE OF REPRESENTATIVES: • Representation based on population • TOTAL REPRESENTATIVES  • SENATE: • Equal representation among the states (2 per state) • TOTAL REPRESENTATIVES  • TOTAL REPRESENTATIVES IN CONGRESS  435 100 535

12. ISSUE 2: Should slaves be counted as part of the population for representation in Congress? SIDES NORTH: NO!Counting slaves gives South advantage in Congress… but you can count them for tax purposes! SOUTH: YES!Slaves give South greater influence within national government… but don’t count them for taxes!

13. ISSUE 2: Should slaves be counted as part of the population for representation in Congress? COMPROMISE This compromise was known as the THREE-FIFTHS (3/5) COMPROMISE 3 of every 5 slaves were counted in population for tax and representation purposes

14. ISSUE 3: Does the federal government have the power to control commerce (trade)? • SIDES • NORTH: • Engage in trade • Wanted Congress to have the power to establish uniform trade regulations and protect shipping • SOUTH: • Mostly agricultural • Opposed central government have the power to levy (charge) tariffs • States remain sovereign

15. ISSUE 3: Does the federal government have the power to control commerce (trade)? • COMPROMISE • This compromise was known as the • TARIFF COMPROMISE • Congress can control interstatetrade • Congress can tax importsbut not exports

16. ISSUE 4: How should the Chief Executive of the new government, the President of the United States, be selected? SIDES FEDERALISTS: Popular election of executive ANTIFEDERALISTS: Indirect election by representatives for each state

17. ISSUE 4: How should the Chief Executive of the new government, the President of the United States, be selected? • COMPROMISE • This compromise was known as the PRESIDENTIAL COMPROMISE • INDIRECT VOTE: A body of electors known as the Electoral College should select the president, not a popular vote • Four-year terms to ensure turnover and transition • No limit to the number of terms

18. What issues existed leading to the ratification of the Constitution? • RATIFICATION OF THE CONSTITUTION • Final ratification: 9of the 13 states needed to agree to ratify the Constitution • Federalists vs. Antifederalists: Key factions that still argued over how much powerthe national government would have

19. What issues existed leading to the ratification of the Constitution?

20. What type of governmental system did the Constitution eventually bring? • Federalism: The concept of the divisionof powers between a central government (also known as the federal government or national government) and each of the governments of the states. • DELEGATED POWERS:Powers written in the Constitution that are expressly given to the federal government • RESERVED POWERS:Powers not delegated to the federal government are reserved by the states • CONCURRENT POWERS:Powers shared by the federal government and the states

22. Elastic Clause (IMPLIED POWERS):The power of the federal government that is not found or specifically listed in the Constitution, but is used when it is “necessary and proper.” What controversy existed over how much power the national government would have? Article I, Section VIII, Clause 18The Congress shall have power …To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

24. Powers Denied to the Federal Government • Powers denied to the Federal Government:The federal government cannot… • Spend money without Congressional approval • Deny persons due process of law • Grant titles of nobility • Levy taxes on exports

25. Powers Denied to the Federal Government • Suspend thewrit of habeas corpus(except during war)WRIT OF HABEAS CORPUS: A court order requiring authorities to bring a prisoner before the court so that the court can determine whether the prisoner is being held legally EXCEPTIONS: Jailing of Confederates during the Civil War (Abraham Lincoln), Japanese internment during World War II (Franklin Roosevelt), incarceration of suspected terrorists after 9/11 (George W. Bush)

26. Powers Denied to the Federal Government • Pass abill of attainderBILL OF ATTAINDER: A law that declares a person or group guilty of a crime without a court trial • Pass anex post facto lawEX POST FACTO LAW: A law that is passed that makes criminal an action that was legal when it was committed  “after the fact”

27. Powers Denied to the State Governments • Powers denied to the state governments • Print money • Enter into foreign treaties • Levy taxes on goods from other states • Go to war

28. How did the Framers guarantee that the federal government would not assume too much power? • Separation of powers • Power is separated into three branches at the federal level • CHECKS AND BALANCES:Each branch of the federal government has the power to check the power of the other branchesRESULT No one branch has too much power

29. Why was the Constitution still threatened? • HOW THE CONSTITUTION WAS RATIFIED • State constitutional conventions voted on ratificationRESULTS: • 11 voted to pass (North Carolina, Rhode Island voted against) • George Washington became President • North Carolina and Rhode Island then ratified George Washington

30. Why was the Constitution still threatened? • The Federalist Papers:A series of essays written in support of ratification of the Constitution • Targeted at large states still unsure (Virginia, New York, Massachusetts) • Written by key framers of the government • James Madison • Alexander Hamilton • John Jay

31. Why was the Constitution still threatened? • Bill of Rights:In order to get needed support for ratification, the Federalists promised the Antifederalists that the Bill of Rights would be added to ensure the protection of natural rights and prevent the abuse of government.