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Historical InvestigationArguments over the Ratification of the Constitution

High School Government: Unit 2. FOUNDATIONS AND PRINCIPLES OF GOVERNMENT AND THE CONSTITUTION

Topic: Contemporary Arguments for and Against the Ratification of the US Constitution

Maryland State Curriculum, High School Government1.A.2.f – Examine the ratification process of the Constitution and the arguments that occurred including

the view points of the Federalists and the Anti-Federalists

C3 Frameworks: CIVICSD2.Civ.4.9-12. Explain how the U.S. Constitution establishes a system of government that has powers,

responsibilities, and limits that have changed over time and that are still contestedD2.Civ.10.9-12. Analyze the impact and the appropriate roles of personal interests and perspectives on the

application of civic virtues, democratic principles, constitutional rights, and human rights.HISTORYD2.His.1.9-12. Evaluate how historical events and developments were shaped by unique circumstances of time

and place as well as broader historical contexts.D2.His.4.9-12. Analyze complex and interacting factors that influenced the perspectives of people during

different historical eras.D2.His.14.9-12. Analyze multiple and complex causes and effects of events in the past.

EVALUATING SOURCES AND USING EVIDENCED3.4.9-12. Refine claims and counterclaims attending to precision, significance, and knowledge conveyed

through the claim while pointing out the strengths and limitations of both.D4.4.9-12. Critique the use of claims and evidence in arguments for credibility.

Common Core State Standards for Literacy in History/Social Studies:ReadingRH.9-10.1 Cite specific textual evidence to support analysis of primary and secondary sources, attending

to such features as the date and origin of the information.RH.9-10.2 Determine the central ideas or information of a primary or secondary source; provide an

accurate summary of how key events or ideas develop over the course of the text.RH.9-10.6 Compare the point of view of two or more authors for how they treat the same or similar topics,

including which details they include and emphasize in their respective accounts.RH.9-10.9 Compare and contrast treatments of the same topic in several primary and secondary sources.WritingWHST.9-10.7 Conduct short as well as more sustained research projects to answer a question {including a self-

generated question} or solve a problem; narrow or broaden the inquiry when appropriate; synthesize multiple sources on the subject, demonstrating understanding of the subject under investigation.

WHST.9-10.8 Gather relevant information from multiple authoritative print and digital sources, using advanced searches effectively; assess the usefulness of each source in answering the research question; integrate information into the text selectively to maintain the flow of ideas, avoiding plagiarism and following a standard format for citation.

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WHST.9-10.9 Draw evidence from informational texts to support analysis, reflection, and research.

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I. Engage the Students

Historical Context

Provide students with the following background information:

Following the creation of the Constitution in 1787, it was submitted to the states for ratification, where months of vicious and often acrimonious debate ensued. Many individuals welcomed it as a structure to build a stronger and more effective national government, tying the 13 states together into a more united nation. However, other people questioned this proposed Constitution, which created a new national government. They saw a new, distant national government threatening their liberties just as easily as had the government of King George and Parliament. Some of the smaller states quickly ratified the new Constitution, but in most states, the debate continued.

As the students view the political cartoon {Document 1.}, ask them these questions:

1. What do you see in the cartoon? What is the overall purpose of this cartoon? How can you tell? {Be sure to draw the students’ attention to the “United they stand…” }

2. Why use the symbol of the pillar? Why would this influence the intended audience?

Be sure the discussion about the cartoon firmly establishes the political leanings of the cartoonist.

Ask the students to brainstorm some ideas about how the local community in Massachusetts might have responded to the arguments surrounding ratification of the Constitution. Then specifically ask students whether they think community would be influenced by the writings and cartoons of others invested in the argument.

Announce to the students that today, they will conduct an investigation centered on this compelling question:

COMPELLING QUESTION: What were the some of the major arguments used by each side {the supporters and the opponents} in the debates over the ratification of the US Constitution?

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II. Conduct the Investigation Teachers and/or students collect relevant and sometimes conflicting primary sources that provide intrigue. Students do an initial read and analysis individually and prepare notes and evidence for discussions in small

groups. See the Historical Investigation Resource Sheet The following questions can be used:

Sourcing What is the text? Who created it and when?

Close Reading and Asking Supporting Questions What does the text say explicitly? What claim does the author/creator make? What evidence does the author/creator make? What is the author’s/creator’s perspective? What is its purpose? Does this text seem credible? Why or why not?

Contextualizing What else was going on at the historic time this source was created? What else was going on during this time (historic setting)? How did the historic setting influence the creation of the text?

Corroborating Where do the multiple texts agree and disagree? Which texts are more reliable? Which are the best texts for answering the compelling question?

Students should individually generate interpretations of the documents based on the compelling question. Teacher and or students may construct supporting questions.

III. Discussion Students will work together in small groups and share their interpretations of the compelling question citing

documents as evidence. Supportive questions may be addressed at this time. Multiple interpretations can emerge and may or may not be accepted by all.

IV. Report Findings Formulate an argument/opinion that answers the compelling question citing evidence from the sources:

When you write an opinion piece/argument, remember: Reasoning used in building an argument should be logical and clear. Arguments should have a beginning, middle, and end; beginning with author’s claim. Cite evidence from multiple sources. Some arguments can include an opposing or alternative opinion (elementary students will need support to

identify this element).

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Historical Investigation Resource SheetDIRECTIONS: As you analyze the primary source documents in your packet, complete the organizer below.COMPELLING QUESTION: What were the some of the major arguments used by each side {the supporters and the opponents} in the debates over the ratification of the US Constitution?

Sourcing What is the text? Who created it and when?

Close Reading and Asking Supporting Questions

What does the text say explicitly?

What claim does the author/creator make?

What evidence does the author/creator make?

What is the author’s/creator’s perspective?

What is its purpose? Does this text seem credible?

Why or why not?

Contextualizing What else was going on at

the historic time this source was created?

What else was going on during this time (historic setting)?

How did the historic setting influence the creation of the text?

Corroborating Where do the multiple texts

agree and disagree? Which texts are more

reliable? Which are the best texts for

answering the compelling question?

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Historical Investigation Resource Sheet {cont’d}Sourcing

What is the text? Who created it and when?

Close Reading and Asking Supporting Questions

What does the text say explicitly?

What claim does the author/creator make?

What evidence does the author/creator make?

What is the author’s/creator’s perspective?

What is its purpose? Does this text seem credible?

Why or why not?

Contextualizing What else was going on at

the historic time this source was created?

What else was going on during this time (historic setting)?

How did the historic setting influence the creation of the text?

Corroborating Where do the multiple

texts agree and disagree? Which texts are more

reliable? Which are the best texts for

answering the compelling question?

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Historical Investigation Resource Sheet {cont’d}Sourcing

What is the text? Who created it and when?

Close Reading and Asking Supporting Questions

What does the text say explicitly?

What claim does the author/creator make?

What evidence does the author/creator make?

What is the author’s/creator’s perspective?

What is its purpose? Does this text seem credible?

Why or why not?

Contextualizing What else was going on at

the historic time this source was created?

What else was going on during this time (historic setting)?

How did the historic setting influence the creation of the text?

Corroborating Where do the multiple

texts agree and disagree? Which texts are more

reliable? Which are the best texts

for answering the compelling question?

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Document 1.

Notes:-Sometimes an “f” means “S”-Saturnian Age = Golden age of rule by law, not rule by men {elite, aristocracy}

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Document 2.

Transcription:Delaware's Ratification of the Constitution

We the Deputies of the People of Delaware State in Convention met having taken into our serious consideration the Federal Constitution proposed and agreed upon by the Deputies of the United States in a General Convention held at the city of Philadelphia on the seventeenth day of September in the year of our Lord one thousand seven hundred and eighty seven, Have approved, assented to, ratified, and confirmed and by these Presents, Do, in virtue of the Power and Authority to us given for the purpose for and in behalf of ourselves and our Constituents, fully, freely, and entirely approve of assent to, ratify, and confirm the said Constitution.

Done in Convention at Dover this seventh day of December in the year aforesaid and in the Independence of the United States of America the twelfth. In Testimony whereof we have hereunto subscribed our names

To all whom these Presents shall come Greeting. I Thomas Collins President of the Delaware State do hereby certify that the above instrument of writing is a true copy of the original ratification of the Federal Constitution by the Convention of the Delaware State which original ratification is now in my possession. In Testimony whereof I have caused the seal of the Delaware State to be hereto annexed.

Tho.s CollinsSussex CountyJohn IngramJohn Jones

William MooreWilliam HallThomas LawsIsaac Cooper

Woodman StocklyJohn LawsThomas EvansIsrael Holland

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Kent CountyNicholas RidgelyRichard SmithGeorge TruittRichard BassettJames SykesAllen McLaneDaniel Cummins, Sr.Joseph BarkerEdward WhiteGeorge Manlove New Castle CountyJa.s Latimer, PresidentJames BlackJn.a JamesGunning Bedford, Sr.Kensey JohnsThomas WastsonSolomon MaxwellNicholas WayThomas DuffGunn.g Bedford, Jr

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Document 3.Nov 1, 1787: Brutus II {New York}

Excerpted

… to reduce the thirteen states into one government, would prove the destruction of your liberties. …when a building is to be erected which is intended to stand for ages, the foundation should be firmly laid. {The foundation of the Constitution is poorly laid because it lacks a declaration of rights} expressly reserving to the people such of their essential natural rights, as are not necessary to be parted with.

…the powers, rights, and authority, granted to the general government by this constitution, are as complete, with respect to every object to which they extend, as that of any state government. {why did the Framers secure certain rights in Article I, Section 9}but omitted others of more importance?

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Document 4.

Feb 6, 1788: Federalist Paper No. 51 {New York}

Excerpted

{To implement the separation of powers, is to so arrange} the interior structure of the government as that its several constituent parts may, by their mutual relations, be the means of keeping each other in their proper places.

…each department should have a will of its own; and consequently should be so constituted that the members of each should have as little agency as possible in the appointment of the members of the others.

"It is equally evident that the members of each department should be as little dependent as possible on those of the others for the emoluments annexed to their offices.

The great security against a gradual concentration of the several powers in the same department consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others… Ambition must be made to counteract ambition. The interests of the man must be connected with the constitutional rights of the place.

{Is it problematic} to rely on ambition and interest {which is} a reflection on human nature? …what is government itself but the greatest reflection on human nature? If men were angels, no government would be necessary.

"The Great Difficulty" of Founding: You must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government, but experience has taught mankind the necessity of auxiliary precautions.

This policy of supplying, by opposite and rival interests, the defect of better motives, might be traced through the whole system of human affairs, private as well as public. {This is called} inventions of prudence.

"In republican government, the legislative authority necessarily predominates." {Thus, it is} "not possible to give to each department an equal power of self-defense.

There are, moreover, two considerations particularly applicable to the federal system of America, which place that system in a very interesting point of view.

{America is a} compound republic,{rather than a} single republic. {This provides for a} "double security… to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself.

{There are only two ways to combat} "the evil" {of majority faction, first} by creating a will in the community independent of the majority {or} creating an authoritative source "dependent on the society," {the essence of the American society} will be broken down into so many parts, {that it contain a vast number and variety of interests.}

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Document 5.Mar 18, 1788: Federalist Paper No. 71 {New York}

Excerpted

It is a general principle of human nature that a man will be interested in what he possesses, in proportion to the firmness or precariousness of the tenure by which he holds it. {The duration provision helps the President to be} interested in resisting the ill-humors {of society and a} predominant faction in the legislative body.

The servile pliancy of the executive to a prevailing current in the community or in the legislature {is NOT} its best recommendation. {The President must resist a} complaisance to every sudden breeze of passion… {instead be} the guardians of those interests to withstand the temporary delusions in order to give them time and opportunity for more cool and sedate reflection. {The duty of the executive is to secure the} republican principle… the deliberate sense of the community should govern.

The executive should be in a situation to dare to act… with vigor and decision.

The fundamental principles of good government {requires preventing the executive from the} almost irresistible {inclination for} governments purely republican {for the} legislative authority to absorb every other.

It may be asked whether a duration of four years {is sufficient. It may not} completely answer the end proposed; but it would contribute towards it in a degree which would have a material influence upon the spirit and character of the government."

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Document 6.

Mar 20, 1788: Brutus XV {New York}

Excerpted

…{Remember} "that the supreme court under this constitution would be exalted above all other power in the government, and subject to no control. The business of this paper will be to illustrate this, and to show the danger that will result from it."

"I question whether the world ever saw, in any period of it, a court of justice invested with such immense powers, and yet placed in a situation so little responsible. {The judges} "feel themselves independent of heaven itself.

{There is no} power above them that can correct their errors or control their decisions, they cannot be removed from office or suffer a diminution of their salaries, for any error in judgment or want of capacity, the power of this court is in many cases superior to that of the legislature.

{For example} the supreme court … have a right, independent of the legislature, to give a construction to the constitution and every part of it, and there is no power provided in this system to correct their construction or do it away.

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Document 7.

"Brutus" Letter XVI April 10, 1788, "John DeWitt" Letter III Nov. 5, 1787

Excerpted

They uniformly exercise all the powers granted to them, and ninety-nine in a hundred are for grasping at more. It is this passionate thirst for power, which has produced different branches to exercise different departments and mutual checks upon those branches. The aristocratical hath ever been found to have the most influence, and the people in most countries have been articulately attentive in providing checks against it. Let us see if it is the case here. -- A President, a Senate, and a House of Representatives are proposed. The Judicial Department is at present out of the question, being separated excepting in impeachments. The Legislative is divided between the People who are the Democratical, and the Senate who are the Aristocratical part, and the Executive between the same Senate and the President who represents the Monarchial Branch. -- In the construction of this System, their interests are put in opposite scales. If they are exactly balanced, the Government will remain perfect; if there is a preponderancy, it will firmly prevail. When great and extraordinary powers are vested in any man, or body of men, which in their exercise, may operate to the oppression of the people, it is of high importance that powerful checks should be formed to prevent the abuse of it.

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Document 8.

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Document 9.

Source: Library of Congress

“I despise the Anti-federal faction!”

“Comply with Congress!”“Curses on the Federal government!”

“Success to Shays’!”

A house divided against itself cannot stand

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Teachers’ Notes:

Document 1.

http://teachingamericanhistory.org/ratification/federalpillars/

Document 2.

http://www.archives.gov/education/lessons/constitution-day/transcript.html

Document 3.

http://www.constitution.org/afp/brutus02.htm

Document 4.

http://www.constitution.org/fed/federa51.htm

Document 5.

http://www.constitution.org/fed/federa71.htm

Document 6.

http://teachingamericanhistory.org/library/antifederalist/

Document 7.

http://teachingamericanhistory.org/library/antifederalist/

Document 8.

Credit: Courtesy of the Atwater Kent Museum This gleefully angry cartoon tells the story of an "opprobrious" pensioner turned exciseman who flees two farmers intent on tarring and feathering him, only to be caught on the way by "his evil genius," who claps a hook in his nose and hangs him from a gallows, under which angry neighbors light a barrel of whiskey and blow him up! Below, the Distillers and Farmers says they will "pay all due deference and respect to Congress, [and] will not refuse to contribute amply for support of Government But resolve not to be harassed by that opprobrious character {in all free governments} Viz. an Exciseman, who are mostly forged out of old pensioners who are already become a burdensome drones."

Document 9.The Looking Glass of 17871787 Political cartoon lampooning anti-federalists {possibly} by Amos DoolittleAbout this artifactThis Connecticut cartoon appeared in 1787 at the height of the ratification debates over the proposed Federal Constitution. In Connecticut, as elsewhere, those favoring ratification were called Federalists; their opponents were referred to as Antifederalists. The artist of this cartoon, who is possibly Amos Doolittle, favored ratification. Connecticut is represented by a wagon sinking into the mud under its heavy load of debts and paper money as the two faction pull the wagon in opposite directions. The man in the wagon states "Gentlemen this Machine is deep in the mire and you are divided as to its releaf." To the left, under a sunny sky, are the five Federalist councilors. On the right, under a stormy sky issuing lightning bolts, are six of the seven Antifederalist councilors, one of whom says "Success to Shays." The seventh Antifederalist councilor is below and identified as "Agricola" which was the pseudonym William Williams used. He is saying, "I fear & dread the Ides of MAY." May 15 was Election Day for the Connecticut upper house. The character identified as "S?H?P" is Williams' enemy, Samuel Holden Parsons. Parsons was the president of the Connecticut Society of the Cincinnati, a hereditary military order open only to officers of the Continental Army and their male desecndents. The smaller cartoon within the cartoon at the lower left has the caption "Tweedles Studdy as I sit plodding by my taper," a reference to a satirical poem in the New-Haven Gazette. A copy of this poem, titled, i"Poem in the New Haven Gazette", appears on this site.http://shaysrebellion.stcc.edu/shaysapp/artifact.do?shortName=doolittle_cartoon