Transcript Writing and Ratifying the Constitution

Writing and Ratifying the
Constitution
VUS.5
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The student will demonstrate knowledge of
the issues involved in the creation and
ratification of the United States Constitution
and how the principles of limited government,
consent of the governed, and the social
contract are embodied in it by
– a. explaining the origins of the Constitution,
including the articles of Confederation.
– b. identifying the major compromises necessary
to produce the Constitution, and the roles of
James Madison and George Washington.
– c. describing the conflict over ratification,
including the Bill of Rights and the arguments of
the Federalists and Anti-federalists.
– d. examining the significance of the Virginia
Declaration of Rights and the Virginia Statute for
Religious Freedom in the framing of the Bill of
Rights.
Setting the scene
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During the Revolutionary War
– The states created constitutions for themselves.
– These constitutions kept the powers of the governor
of each state quite limited.
– The states gave most of the power to the state
legislatures.
– The first United States government was the Articles of
Confederation. The national government could not
tax, regulate commerce, establish a common
currency, or provide for the national defense. The
national government had no executive or judicial
branch, and in the legislature, each had one vote
regardless of size.
Key Questions
1. Why did the states decide to send
representatives to a Constitutional Convention in
1787?
 2. How did the differing views of the Federalists
and the Anti-federalists and other conflicting
interests force compromises in the new
Constitution?
 3. How did the Virginia Declaration of Rights and
the Virginia Statute of Religious Freedom
influence the Bill of Rights?
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Shays Rebellion
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In 1787, Daniel Shays led farmers in a
rebellion against the Massachusetts state
government.
– The Revolutionary War had left the colonists
with large debts and a depressed economy,
and Shays and his followers hoped to stop
foreclosures on their farms. In response,
the state militia struggled to regain control
while the national government could do
nothing.
Shays Rebellion led to
THE CONSTITUTIONAL
CONVENTION OF 1787
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This crisis convinced the states of the
need to meet in a Constitutional
Convention with the purpose of
revising the Articles of Confederation.
This convention was held in
Philadelphia in the summer of 1787.
Background of the Convention
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Confronted by the many weaknesses of
the Articles, the delegates engaged in
heated debates over whether they should
go beyond their original charge and draft
an entirely new plan of government. On
the one hand, the Articles did uphold the
Enlightenment principals of limited
government, consent of the governed, and
social contract.
Federalists
George Washington was unanimously chosen as
the conventions chairperson, and James
Madison, , later called the “ Father of the
Constitution,” did much of the actual writing. He
also kept the most detailed notes of the
proceedings.
• Madison was joined by Alexander Hamilton In
urging the delegates to write a new constitution
with a stronger government. Supporters of a
strong national government were called
Federalists.
•
Anti-Federalists
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Other delegates, called Anti-Federalists,
questioned whether a stronger national
government could be prevented from
abusing the rights of its citizens. These
delegates insisted on sufficient safeguards
for the people’s rights.
The Conventions Compromises
– The first major compromise was a response to
Madison’s plan for a federal government with
an executive branch, a judicial branch, and a
legislative branch in which representation was
based upon population.
– The convention compromised by
providing for a legislature of two
houses. In the House of
Representatives, representation would
be based on population. In the Senate, it
would be equal for each state.
Compromise #2
The delegates had to consider whether to count
enslaved Africans for the purposes of Taxation
and representation.
 the Southern States wished to have the slave
population included for representation in
Congress but not for calculating their tax
burden.
 Northern states wished to see slaves counted
for tax purposes but not for representation.
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Compromise #2 continued
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The practical but morally questionable
compromise was to count five enslaved
Africans as three free persons for
representation in Congress and for taxes
on the states. This “three-fifths
compromise” was the first attempt by the
government to address the explosive issue
of slavery.
Compromise #3
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As for the idea of government in three
branches, the Anti-Federalists insisted that
each branch have the power to check and
balance the other two.
Bill of Rights
The most serious worry of the Anti-Federalists,
however, was that a strong national government
would endanger the rights of the citizens, as the
British government had done before the
Revolution.
 In order to get the new Constitution ratified
(approved by the states) the Federalists
accepted a plan to provide a set of amendments
called the Bill of Rights.
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Virginia Documents
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The Virginia Declaration spelled out
Virginians’ basic liberties, including
freedom of religion, freedom of the press,
the right to a jury trial in both civil and
criminal cases.
Virginia Documents #2
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The Virginia Statute for Religious
Freedom, which outlawed the practice of
government support for one favored
church. This document took a critical step
toward “separation of church and state,”
the view that the government neither
promote a certain religion nor interfere
with the religious practices of its’ citizens.
Virginia Documents 3
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Both of the aforementioned documents
were important reassurances in taking
care of the anti-federalists. The most
serious worry of the Anti-Federalists,
however, was that a strong national
government would endanger the rights of
the citizens.
Conclusion
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Americans desire to avoid a tyrannical
government led to our national
government lacking important powers.
This government under the Articles of
Confederation would be of little use in the
crisis posed by Shay’s Rebellion.
Recognizing the need for a more effective
national government, the states sent
representatives to the Constitutional
Convention.
Conclusion 2
The convention would write a new
constitution where powers were shared
between the national and state
governments.
 Compromises were worked out to balance
these powers in ways that would satisfy
the small and large states, as well as other
concerned groups.
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Conclusion 3
The national government was given
important powers including the power to
tax, to regulate the currency, and to
provide for the national defense.
 People who supported these new powers
were called Federalists.
 Those that thought the Constitution went
too far in strengthening the national
governments were called Anti-Federalists.
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Conclusion 4
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Ratification was accomplished only after
the promise to add a Bill of Rights that
met most of the concerns of the AntiFederalists
Vocabulary
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Confederation –alliance of states formed to coordinate their
defense and their relations with foreign governments
Articles of confederation- an agreement establishing a
formal government among the states in 1781
Legislative branch- the part of government that makes the
laws
Executive branch- the part of government that executes or
carries out the law
Judicial branch- the part of government that judges
whether the laws have been broken
Unicameral legislature- government having a single
legislative house
Bicameral legislature- legislative branch with two houses or
groups of representatives as in the United states congress
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Virginia plan-a plan presented by the delegates from
Virginia at the Constitutional Convention, called for 3
branches of government with a bicameral legislature in
which each state membership would be determined by
population or its financial support for the center of
government.
Veto- the power to overturn any act of a state legislature
New Jersey plan- Constitutional Convention proposal for a
federal government having a unicameral legislature with
equal representation for each state regardless of
population.
Great compromise- agreement of 1787 that created a
bicameral legislature, and a constitution, it established that
representation in one house was to be proportional to
population, and in the other representation was equal
among states
Three fifths compromise- an agreement at the
constitutional convention to count the slaves as 3/5 of a
person when determining the population of a state.
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Separation of powers- constitutional provision that
separates the powers of the federal government into
legislative, executive, and judicial branches.
System of checks and balances- united states system of
government in which the power of each of the three
branches of government is limited by that of the other.
Electoral college- body of electors chosen by voters in each
state to elect the president and vice president
Faction – a conflicting group
Ratify – to formally approve a suggested action
Bill of Rights- the first ten amendments to the constitution
which guarantees freedom of speech, religion, and other
basic rights.
Cabinet- heads of the major departments of the United
States government who advise the president.
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Administration- the office and the executive branch of a
government and their policies and principles.
Nationalists- the member of a 1780’s political group
advocating strong national government to control the states
James Madison- the fourth president of the united states,
called the father of the Constitution for his leadership at the
Constitutional Convention
Federalists- those persons who supported the ratification of
the Constitution in 1787-1788.
Anti federalists- those who opposed the new constitution
between 1787-1789 on the grounds that the central
government that it would create would be too powerful.
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Alexander Hamilton- Officer in the war for Independence:
delegate to the Constitutional Convention; federalist and
first secretary of the treasury
District of Columbia- ten square mile tract of land on the
Potomac river near Washington’s home at Mount Vernon
Washington- first president of the United states from 17891797; led American forces in the war for independence; set
several federal precedents, including the two term
maximum for presidential office.