Development of the Constitution. Something Must Be Done AOC stink AOC stink Annapolis Convention –...
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Transcript of Development of the Constitution. Something Must Be Done AOC stink AOC stink Annapolis Convention –...
Something Must Be DoneSomething Must Be Done AOC stink AOC stink Annapolis ConventionAnnapolis Convention – 1786 – 1786
Originally meant to Originally meant to discuss trade regulationsdiscuss trade regulations Only five states show up Only five states show up Representatives agree – Representatives agree – Must discuss strengthening Must discuss strengthening the governmentthe government
Idea is popular among Idea is popular among statesstates
Background - The Constitutional Background - The Constitutional Convention of 1787Convention of 1787
Met in PhillyMet in Philly Examine and recommend changes to Examine and recommend changes to
the existing Articles of Confederationthe existing Articles of Confederation May – Sept 1787May – Sept 1787
Composition – Who was there?Composition – Who was there? Wealthy upper class, Wealthy upper class,
white menwhite men Selected by state Selected by state
legislatures, not legislatures, not popular votepopular vote
George Washington George Washington Ben FranklinBen Franklin Alexander HamiltonAlexander Hamilton James MadisonJames Madison Roger ShermanRoger Sherman
Notable names not Notable names not presentpresent
John Adams John Adams (minister to (minister to England) England)
Thomas Jefferson Thomas Jefferson (minister to France)(minister to France)
Regardless, there Regardless, there was a ton of political was a ton of political talent at this talent at this conventionconvention
Virginia DelegationVirginia Delegation Led by James MadisonLed by James Madison
Had every intention of Had every intention of creating a new creating a new constitutionconstitution
This is Virginia’s This is Virginia’s mission in Philadelphiamission in Philadelphia
Virginia PlanVirginia Plan crafted by Madisoncrafted by Madison presented by Edmund presented by Edmund
RandolphRandolph
Initial Decisions - The Initial Decisions - The Constitutional Convention of 1787Constitutional Convention of 1787
Presiding officer – George Presiding officer – George Washington – Why?Washington – Why?
__________________________________________________________ __________________________________________________________
Every state - one vote Every state - one vote Proceedings held in secret Proceedings held in secret
Concerned newspapers would Concerned newspapers would criticize decisions criticize decisions
Not democraticNot democratic The delegates want a government The delegates want a government
that was …that was … Firm, dignified, respected at Firm, dignified, respected at
home and abroadhome and abroad Strong against instability at Strong against instability at
homehome From the start, decided the A of C From the start, decided the A of C
were too flawedwere too flawed Virginians set the tone - Virginians set the tone -
introduced Virginia Planintroduced Virginia Plan They weren’t authorized to They weren’t authorized to
change AOC, but they did it change AOC, but they did it anyway anyway
Two PlansTwo Plans Virginia PlanVirginia Plan
Presented by Edmund Randolph – Gov from Presented by Edmund Randolph – Gov from VirginiaVirginia
Three branches – legislature strongestThree branches – legislature strongest Bicameral houseBicameral house
50% required to pass legislation50% required to pass legislation Strong federal governmentStrong federal government
Could veto state lawsCould veto state laws Smaller states object since they would have Smaller states object since they would have
no influenceno influence New Jersey PlanNew Jersey Plan
Proposed by William Paterson – delegateProposed by William Paterson – delegate Presented as a series of amendments to the AOC Presented as a series of amendments to the AOC Unicameral house Unicameral house Would create an executive, a judiciary, Would create an executive, a judiciary,
federal taxes, federal regulation of tradefederal taxes, federal regulation of trade But would require a unanimous vote to pass But would require a unanimous vote to pass
these taxes, trade regs these taxes, trade regs Larger states rejected since smaller states Larger states rejected since smaller states
would have equal powerwould have equal power
Centrist ViewCentrist View
The Virginia Plan became seen as a The Virginia Plan became seen as a centrist plan becausecentrist plan because NJ Plan was a glorified A of CNJ Plan was a glorified A of C Alexander Hamilton introduced the idea Alexander Hamilton introduced the idea
of a constitutional monarchyof a constitutional monarchy Far more conservative than the Virginia PlanFar more conservative than the Virginia Plan This was calculated to help Va. PlanThis was calculated to help Va. Plan
Connecticut Compromise Connecticut Compromise (Great Compromise)(Great Compromise)
Roger Sherman is the architect for this Roger Sherman is the architect for this planplan
Have a Legislature where the lower Have a Legislature where the lower house was popularly electedhouse was popularly elected assigned delegates based on population assigned delegates based on population House of RepresentativesHouse of Representatives
The Upper house would have equal reps The Upper house would have equal reps from each statefrom each state The SenateThe Senate Elected by state legislaturesElected by state legislatures
Only need 50% of the vote to pass Only need 50% of the vote to pass legislationlegislation
Model for our legislatureModel for our legislature
Federalist/Anti-FederalistFederalist/Anti-FederalistCompromisesCompromises
Independent v. Congressionally controlled judiciary Independent v. Congressionally controlled judiciary Executive Branch – Art. 2 – Series of compromisesExecutive Branch – Art. 2 – Series of compromises
Should there be an Executive Branch? How many Should there be an Executive Branch? How many executives? executives?
Control foreign policy, but Senate had to approve all Control foreign policy, but Senate had to approve all diplomats and treatiesdiplomats and treaties
President is C-in-C, but only congress can declare warPresident is C-in-C, but only congress can declare war Would there be a popular vote? - No wayWould there be a popular vote? - No way
The people are dummiesThe people are dummies Birth of electoral college Birth of electoral college
Slavery – CompromisesSlavery – Compromises
The framers built slavery into the fabric of our The framers built slavery into the fabric of our governmentgovernment
However, they are careful to never use the term However, they are careful to never use the term “slavery” in the Constitution.“slavery” in the Constitution.
1.1. 3/5 Compromise 3/5 Compromise 2.2. Slave Trade and Commerce ClauseSlave Trade and Commerce Clause
These items would pose big problems for those trying to These items would pose big problems for those trying to remove slavery in the future. remove slavery in the future.
Differences Between Articles and Differences Between Articles and Constitution…Constitution… Passing LegislationPassing Legislation
Constitution – simple majority – easier to get things doneConstitution – simple majority – easier to get things done A of C – two-thirdsA of C – two-thirds
ExecutiveExecutive Constitution – a single President – not a lot of power at first (would get Constitution – a single President – not a lot of power at first (would get
stronger)stronger) A of C – No executiveA of C – No executive
Power of the Federal GovernmentPower of the Federal Government Constitution – potentially strongConstitution – potentially strong A of C – very weakA of C – very weak
Amendment processAmendment process Constitution – 2/3 of both houses of Congress + ¾ of State conventionsConstitution – 2/3 of both houses of Congress + ¾ of State conventions A of C – virtually impossible - need a unanimous voteA of C – virtually impossible - need a unanimous vote
ConstitutionConstitution The Constitution is a less democratic documentThe Constitution is a less democratic document Takes power away from common votersTakes power away from common voters More aristocraticMore aristocratic Creates a stronger federal government – this is a danger in the eyes of Creates a stronger federal government – this is a danger in the eyes of
manymany
Ratification ProcessRatification Process
If two-thirds of the states ratify, the Constitution would go into If two-thirds of the states ratify, the Constitution would go into effecteffect
Every state had to go through a ratification process, hold a Every state had to go through a ratification process, hold a convention, and elect delegates to the conventionconvention, and elect delegates to the convention
This sets up two groups: the Federalists and the Anti- FederalistsThis sets up two groups: the Federalists and the Anti- Federalists
Federalists –vs- Anti-FederalistsFederalists –vs- Anti-Federalists Anti-FederalistsAnti-Federalists
Opposed ConstitutionOpposed Constitution More democraticMore democratic States rightsStates rights Wanted strong local government, not fed government Wanted strong local government, not fed government Small farmers, small business people, artisans. Small farmers, small business people, artisans. Felt they didn’t need a strong government to protect their interestsFelt they didn’t need a strong government to protect their interests Less funded, less educated, less organizedLess funded, less educated, less organized
FederalistsFederalists Supported ConstitutionSupported Constitution Most of the distinguished people in the countryMost of the distinguished people in the country George Washington, John Adams, Ben Franklin, Alexander Hamilton, John JayGeorge Washington, John Adams, Ben Franklin, Alexander Hamilton, John Jay Well-funded, well-organized, politically experiencedWell-funded, well-organized, politically experienced Wanted a strong federal governmentWanted a strong federal government Wanted a strong executiveWanted a strong executive Wanted a government that was respected abroad and at home Wanted a government that was respected abroad and at home
put down insurrectionsput down insurrections Act decisively – even if done by sacrificing some rightsAct decisively – even if done by sacrificing some rights
RatificationRatification Constitution was drafted and signed by 39 delegates on Sept 17, 1787Constitution was drafted and signed by 39 delegates on Sept 17, 1787 Some states were very pro-constitution and they ratified easily. Dec 1787-Jan Some states were very pro-constitution and they ratified easily. Dec 1787-Jan
17881788 DelawareDelaware PennsylvaniaPennsylvania New JerseyNew Jersey GeorgiaGeorgia ConnecticutConnecticut
Other states followed between Feb – Jun in 1788Other states followed between Feb – Jun in 1788 MassachusettsMassachusetts MarylandMaryland S CarolinaS Carolina New HampshireNew Hampshire
Final group of fourFinal group of four NYNY N CarolinaN Carolina Rhode IslandRhode Island VirginiaVirginia
Why was 9 of 13 states, as Article VII stated was required, Why was 9 of 13 states, as Article VII stated was required, insufficient?insufficient?
Federalist PapersFederalist Papers 85 pamphlets & essays supporting 85 pamphlets & essays supporting
the Constitutionthe Constitution Written by Alexander Hamilton, James Written by Alexander Hamilton, James
Madison, & John JayMadison, & John Jay Cited in Constitutional interpretation Cited in Constitutional interpretation
debatesdebates Lens into the ideas of the founding fathers Lens into the ideas of the founding fathers
Large government would provide Large government would provide stability and securitystability and security Federalist #10 – How to create a strong Federalist #10 – How to create a strong
government while preserving freedomgovernment while preserving freedom Federalist #51 – Separation of powers and Federalist #51 – Separation of powers and
checks and balanceschecks and balances
Bill of RightsBill of Rights
Anti-federalists refused to sign the ConstitutionAnti-federalists refused to sign the Constitution Did not protect the people against the central Did not protect the people against the central
governmentgovernment Needed a statement of individual freedomsNeeded a statement of individual freedoms Required to prevent the country from falling into tyrannyRequired to prevent the country from falling into tyranny
Anti-federalists tried to influence state ratification Anti-federalists tried to influence state ratification processes by writing pamphlets and newspaper processes by writing pamphlets and newspaper articles articles They would often take on pseudonyms of the Roman They would often take on pseudonyms of the Roman
Republic, like Brutus Republic, like Brutus Some argued that the federal government would Some argued that the federal government would
degenerate into a tyrannical entitydegenerate into a tyrannical entity Federal Bill of Rights - #1 priority of the new Federal Bill of Rights - #1 priority of the new
CongressCongress