The Constitution of the United States

1. The Constitution of the United States

2. Weaknesses of Articles of Confederation…..a review • 1. The national government could not force the states to obey its laws. • 2. It did not have the power to tax • 3. It did not have the power to enforce laws • 4. Congress lacked strong and steady leadership • 5. There was no national army or navy • 6. There was no system of national courts • 7. Each state could issue its own paper money • 8. Each state could put tariffs on trade between states. (A tariff is a tax on goods coming in from another state or country.)

3. Drafting a Constitution • Articles were doomed to Fail --A Constitutional Convention was called in 1787 • Many states called for stronger central Government • Delegates to the Constitutional Conventionl • Revolutionary Veterans • Signers of Declaration of Independence • White, Landowning, males

4. Shays Rebellion • In 1786 some of the farmers had fought back against the economic inequalities • Led by Daniel Shays, a former captain in the Continental army, a group of armed men, prevented the circuit court from sitting at Northampton, MA, and threatened to seize muskets stored in the arsenal at Springfield. • Although the uprising was put down by state troops, the incident confirmed the fears of many wealthy men that anarchy was just around the corner.

5. Constitutional Convention • The Constitutional Convention took place in the summery of 1787 in Philadelphia (capitol at that time). The convention was supposed to propose ways to improve the Articles of Confederation. • There were many there—James Madison and Alexander Hamilton who came with a different idea—scrap the Articles and create a new government. • General George Washington was chosen to preside over the Convention.

6. 3 problems to solve at the Convention Problems that need to be solved: • Problem 1: Balance between State and Federal • Problem 2: Balance between North and South • Problem 3: Balance between BIG states and Small states • Two Plans proposed– The Virginia Plan & New Jersey Plan

7. The Virginia Plan • Gov. would have 3 branches: • Executive, Legislative, Judicial • Legislature would be bi-cameral (2 house) • Voters choose lower house • Lower house chooses Upper house. • Both based on population • Population would determine number of votes of each state ( • National Government has power over states.

8. New Jersey Plan Smaller states objected: Virginia plan would give large states (Virginia) Most of the votes and power NJ Plan: • Only one house legislature • Each state would have equal Representation in Government

9. “The Great Compromise” “The Two Ideas…ought to be combined; that one branch the people ought to be represented; in the other the states.” • The Senate (upper house) would have 2 reps from each state. • The Representatives (lower house) would be based on states’ population.

10. Compromise on Slavery Slave Population gave South huge Pop. Advantage • Also Raise taxes – Property Tax • Southerners wanted to count for Reps. But not for Taxes • 3/5 compromise • Slave = 3/5 person • Compromise on Reps. And Taxes

11. Compromise on Slavery No Ban on Slavery Considered – Unity Needed more than Abolition • Agreed: • Importation would continue for 20 more years – then no more • Fugitive Slave Clause: A runaway slave to another state must be returned to its owner across state lines

12. Checks and Balances Enlightenment ideals states that effective governments need Checks & Balances • Balance between President/ Congress • Balance between States/ Federal • Convention gave MOST Power to the Congress (fear of Monarchy) • President elected by the states – Electoral College • States should follow popular vote

13. Checks and Balances • Office of VP – 2nd place vote recipient • Each Branch had the ability to slow/stop another branch • Ensured no branch would have too much power • Ensured no branch could not dominate the others

14. Checks and Balances • Planning the Court System • Wanted courts to maintain independent status • Judges nominated by President/ Approved by Congress • Judges could not be fired without just cause

16. Federalists vs. AntiFederalists • Fear of Strong Central Government • Federalists: Supporters of Constitution with strong central Gov. • AntiFederalists: Opponents of the constitution in its present form and sought a weaker central Gov.

17. The Federalists Leaders: James Madison, Alexander Hamilton, John Adams, Washington, Franklin Strong National Gov. = Republic Survives Fed. Gov. could end chaos between states Separation of Powers can prevent Tyranny

18. The Antifederalists Leaders: Sam Adams, Patrick Henry, Thomas Jefferson • Wanted a new Gov. but not the one proposed • Suspicious of Strong central Gov. = just left a strong Gov. • Feared Fed. Gov. would abuse states/ Individuals • Demanded a Bill of Rights for protection

19. Final Ratification? Final draft was submitted to the states for approval Some delegates refused to sign because it lacked 1 component – A Bill of Rights