Debates over the Constitution

United States History I Mr. Carollo

Review of Articles of Confederation

PurposeStructure

Each state – 1 vote; no executivePowers

Maintains sovereignty of states Conduct foreign relations declare war & raise an army (No

standing national army) Establishment of national Postal Service

Review of Articles of Confederation

Powers 9 out of 13 states needed to agree to

pass important laws Amendments to the Articles of

Confederation required a Unanimous vote

No national court system

Accomplishments

Land Ordinance of 1785- Established a plan for surveying land

and creating parcels to be made for purchase. ($1 per acre)

Northwest Ordinance of 1787 Set requirements for admission of new states Territory required to have 5,000 voting residents in order to write a

constitution and elect a government When total population reached 60,000 the settlers could write a

state constitution and apply for statehood. States give up NW land claims Clears way to add five new states to union Prohibits slavery in NW territories

Issues

Inability to make treaties. This was done by the individual states

Inability to enact of collect taxes

Could make laws, but had little means to enforce them

Could not protect trade and industry

Issues

Shays’ Rebellion (1786) Small rebellion by a Group of Massachusetts Farmers

(1000) led by Daniel Shay (revolutionary war vet)

concerned with tax increases and lack of paper money (unable to pay loans) resulting in the loss of their farms to creditors and imprisonment for major debts

Armed resistance / put down by militia. Federal government asks surrounding states for assistance in defending Massachusetts from this rebellion. No states volunteer their militias

Annapolis Convention

Lobbied for by Alexander HamiltonCalled to discuss revisions to

strengthen Articles of Confederation to avoid foreign intervention; fix trade issues among the states

12 Delegates from 5 statesResult: Philadelphia Convention

Philadelphia Convention

Original Intention for most – revise A of C

Washington – elected convention president

James Madison – notes from Federal Conv.

55 Delegates from 12 states (none from RI)

Big names missing: J. Adams, S. Adams, P. Henry, J. Hancock

Ideas from State ConstitutionsRepublic v. Democracy

Issues

Key Issues?

Virginia Plan – May 29, 1787

Presented by Gov. Edmund RandolphBased on Madison’s thoughts, etc.Powerful bicameral legislatureHouses determined proportionatelyLower house elected by people;

upper house elected by lowerExecutive to serve (chosen by)

legislature JudiciarySome veto power

New Jersey Plan – June 15, 1787

William Paterson Current Congress to remain (Equal

Representation) Add power to levy taxes Executive to be elected by Congress

(could be a multi-member branch) Judiciary to serve for life

Connecticut Compromise

Roger Sherman – June 11Two house national legislature

Lower house proportionate; handled revenue bills

Upper house – two seats per state

11 Days of debate Adopted 7 to 6 Paved way for 3/5 compromise

Strong Central Government v. Strong States

•Authority derives from people•Central government should be stronger than states

•Authority derives from states•States should remain stronger than central government

Large states v. Small States

•Congress should be composed of two houses (bi-cameral)•Delegates assigned by population

•Single house in Congress•Each state should have one vote

North v. South

•Slaves should not be counted for determining representation•Slaves should be counted when levying taxes

•Slaves should be counted for representation•Slaves should not be counted when levying taxes

DO NOW

Answer the questions below 1.) What are the elements of a fair

government? 2.)What are the elements of an effective

government? 3.) How might the proposed constitution

(the one you read) be viewed in a negative light?

4.) What is missing from the Constitution?

Reactions to the Proposed Constitution

Federalists Supportive of strong

central government Well educated;

“urban” residents Federalist Papers Hamilton, Madison,

Jay, Duer

Anti-Federalists Against strong

central government Generally farmers;

less educated; outlying areas

Letters from a Federal Farmer

Richard Henry Lee

Constitutional Issues

In your groups, analyze the issue you have been assigned. Predict both the Federalist and Anti-Federalist arguments on this issue

Effectiveness of Articles of Confederation Representation Powers of Executive Taxation Powers of State v. Central Government Individual Rights Ability to enforce laws and change government Need for de facto Aristocracy to run

government

Modern Constitutional Debates Federalism

Democratic / Liberal Activists

Conservative politicians for particular issues

Neo-Anti-Federalism Tea Party movement Libertarians

Closure

What is the Constitution’s effectiveness in addressing the 40 problems you suggested in your post-War analysis?

How did the Constitution and Country survive the fierce debates in the convention and during ratification?