Constitutional Convention Unit Notes
Civics Textbook: Government and Society - Text p. 5 Cue four reasons why society needs a government Notes 1. Law and Order Government makes laws to protect citizens and punishes those who break the law. Examples: Police and courts enforce the laws. Without law and order a society could have anarchy (absence of government). 2. Security Government provides defense and protection to its citizens from foreign nations, other members of society, businesses, and from themselves. In return a citizen gives allegiance to their country. Examples: Armed Forces, laws restricting what people or businesses can do. 3. Public Services Government provides services that people can t provide for themselves that help to make a society run more smoothly. Examples: Building roads, making sure our food and water are safe, trash collection, disaster relief. 4. Maintaining Other Institutions Government helps to create and protect other areas of our society that are important to the citizens. Examples: Protecting a citizen s basic freedoms (freedom of speech and religion), providing health care, retirement payments (social security), public schools,
Key Word Monarchy Absolute Constitutional Civics Textbook: Types of Government - Text p. 7 and 17 Notes The power to govern is in the hands of a monarch (king, queen, emperor, sultan, czar). The power of government is inherited (passed down) through the members of one family. Usually rule for life. The monarch has all the power to make laws and decisions. They stay in power because they have the support of other powerful families in the country (nobles). Example- Saudi Arabia Monarch (King, Queen, Emperor, Czar, Sultan) The monarch is only a figurehead. Their position in the government is ceremonial. They have no real power. The power in government is held by an elected group of lawmakers. Example- Great Britain Laws Monarch Constitution Law Making Body Laws (Congress, Assembly, Parliament)
Key Word Dictatorship Autocracy Civics Textbook: Types of Government - Text p. 7 and 17 Notes The government is controlled by a ruler or a small group of people who have absolute power and unlimited authority. Many dictators come to power by way of a coup or a violent overthrow of the old government. They rule until they die, or are removed from power. Dictatorship by one person. Police Dictator Military Laws Oligarchy Dictatorship by a small group. Many times Oligarchies will turn into autocracies. Police Group Military Laws
Key Word Democracy Republic Civics Textbook: Types of Government - Text p. 7 and 17 Notes The power of government is shared by all the people in a country. The power of government is transferred through an election process. Representative (Republican) Democracy- Citizens of a country elect other citizens to act as their representative for a set number of years or term of office. Romans Direct Citizens Election Elected Representative Government Laws Direct Democracy- Laws and decisions in a country are voted on directly by people. Ancient Greeks Citizens Citizens Citizens
Strengths of the Articles of Confederation What powers were given to Congress under the Articles of Confederation? Was America s first Constitution- help to keep the colonies loosely united during the Revolutionary war. 1. Conduct Foreign Affairs- example: make treaties with other counties 2. Declare war and make peace- but so could the individual states. 3. Make and borrow money- states could make their own money too. 4. Control Western Territories- areas that had not become states yet 5. Control Indian Affairs 6. Run a postal service Articles of Confederation, 1781
Articles of Confederation What were the weaknesses of the Articles of Confederation? No executive branch, or judicial branch- No President, No Supreme Court Congress couldn t 1. enforce laws 2. couldn t collect taxes- only the states could 3. regulate interstate or foreign trade 4. establish any other federal(national) courts 5. amend(change) the Articles of Confederation.
Articles of Confederation Shays s Rebellion exposed the weaknesses of the Articles of Confederation. Shays s rebellion showed people that a stronger national government was needed in case other uprisings happened in the future. 1786- Daniel Shays led some Massachusetts farmers in a revolt against the State s government because of unfair taxation. Daniel Shays grave marker in Scottsburg, New York.
Enlightenment Philosophers - A philosopher is a person who seeks knowledge and wisdom. - Enlightenment Period, also called the Age of Reason, occurred in Europe from 1660-1798. - Many of the Founding Fathers were heavily influenced by the Enlightenment philosophers. 9
Social Contract -Many Enlightenment Philosophers had a vision of an ideal society where all the people made laws and decisions together. -Citizens make a contract with each other, not with a government(monarch), pledging to respect each other s rights. -All citizens agree to give up some of their personal choices to help meet the needs of their community. Like paying taxes, agreeing to respect and follow the laws, serving in the armed forces 10
John Locke (1632-1704), British Philosopher -Locke believed government is created by the people to serve and protect their needs and rights. -A government could exist only as long as the people agreed with it and felt it was protecting their basic rights. - If the people grew unhappy with their government because it was not serving their needs, they had a right to overthrow the government and replace it with a new one. - Locke believed all people are born with natural rights (inalienable rights) that can never be taken away by the government: Life, Liberty, and Property
Baron de Montesquieu (1689-1755), French Philosopher - Montesquieu (Mon-Teh-Skew) felt the best way to guarantee that a government does not take away the natural rights of its citizens is to limit the power of government by dividing it into branches (parts or sections). - Government should have checks and balances. Each branch of government can limit the power of the other branches. 12
Magna Carta (The Great Charter)- 1215 1. Took power away from the King John of England and gave it to the nobles/ barons. 2. Created Parliament- only for the nobility (aristocracy- rich powerful people). 3. Trial by jury, due process of law- King could not put someone in jail or executed them without a proper trial. 4. Eventually these rights would be given to all English citizens. Magna Carta, 1215
English Bill of Rights- 1689 King/ Government could not: 1. Set excessive bail 2. Punish someone who had been found not guilty in a trial 3. Punishment for criminals could not be cruel or unusual 4. Deny someone Habeas Corpus- tell an accused person which law they had broken 5. Be put on trial in a reasonable time frame. 6. King could not pass new taxes without the consent of Parliament. 7. Applied to all the people in England not just the Nobility. English Bill of Rights, 1689
Mayflower Compact- 1620 The Framers the Constitution (men who wrote the Constitution) looked at this document as an example of where their ancestors had created their own plan of government (constitution). The Pilgrims, based the Mayflower Compact on the ideas direct democracy from the Greeks and majority rule.
Declaration of Independence The Declaration of Independence was passed during the Second Continental Congress. Thomas Jefferson was the main author. People are born with natural rights (unalienable rights) that can t be taken away by the government, all men are created equal, and they have a right to life, liberty and the pursuit of happiness (property). Many of these ideas find there way into the U.S. Constitution. Thomas Jefferson
Constitutional Convention- After the Annapolis Convention, it became clear that changes had to be made to the Articles of Confederation. Alexander Hamilton and several other delegates to that convention called for a new convention in Philadelphia, PA. In May of 1787, twelve states attended (Rhode Island didn t) the Constitutional Convention. At first they only met to revise the Articles of Confederation. Soon the delegates realized that a whole new constitution was needed to replace the Articles. The convention was kept a secret for fear of angering people. Technically, they weren t allowed to change or replace the A of C. Alexander Hamilton Painting of the Constitutional Convention
N.J. and Virginia Plans. Disagreement over representation in Congress. People v. States The New Jersey or small states plan called for a single house in Congress and that each state have an equal number of votes. Congress could tax, and there would be an executive (President) and judicial branch (Supreme Court). Proposed by William Patterson of NJ. = NJ Plan Small States Patterson The Virginia Plan called for three branches of government (executive, judicial and legislative). Each branch could check or limit the power of the other branches. This plan called for a two-house Congress (bicameral). The number of representatives a state sent to both the upper and lower house would be based on a state s population. This plan favored the larger states. Proposed by James Madison and Edmund Randolph of VA. = VA Plan Large States Madison Randolph
Great Compromise - Two Houses in Congress Also called the Connecticut Plan. Proposed by Roger Sherman of Connecticut. Each state would have an equal number of votes (2) in the Senate (Upper House). In the House of Representatives (Lower House) representation for each state would be based on population. Every 30,000 people would give a state one more representatives. Today, 922,000 = I Rep. Create three branches of government- Congress, President and Supreme Court NJ Plan + VA Plan Great Compromise Senate -Equal Representation for each state- Every state gets to elect 2 senators. House of Representatives Representation based on population. The more people you have, the more representatives you can elect to Congress. = = Congress
3/5 th Compromise Because representation would be based on population in the House of Representatives a question arose over counting slaves as a part of a state s population. The Southern (Slave) states wanted to count slaves as part of the total population for the state so they could get more representation in the House of Representatives. The Northern (free) states did not want the Southern states to count any of their slaves because slaves were not considered citizens. Wanted to tax slaves as property, and end the slave trade. Compromise: It was decided to count each slave as 3/5 of a person. Southern states could count 60% of their slave population, but the slaves could be taxed by the national government. It was also decided that Congress couldn t ban the slave trade until 1808. A Slave Auction in New Orleans
Important People at the CC James Madison Virginia delegate James Madison took notes of everything that was said at the Convention. He also contributed many of the ideas that went in the Constitution- VA plan. He wrote the final version of the Constitution. Because of his work Madison is know as the Father of the Constitution. Many years later he became the 4 th President of the United States. James Madison stood only 5 2 in height and only weighted 100 pounds. He was nick named the 100 Pound Giant because of his large impact at the Constitutional Convention.
Important People at the CC Ben Franklin Franklin was already a famous person in the United States for his work in science, philosophy and literature. During the Revolution he served as ambassador to France. At the convention he was chose to be a member of the Pennsylvania delegation. Throughout the convention he was able to act as a peace keeper between different groups at the convention, and help to get the large and small states to compromise on the issue of representation in Congress (Great Compromise).
George Washington Important People at the CC Was chosen as a delegate to the convention from Virginia. Because of his service during the Revolutionary War he was made the President of the Convention. Washington acted as impartial leader of the convention and keep the meeting organized and moving forward.
George Washington's Legacy Washington established several precedents (traditions) that future Presidents would follow out of respect for Washington. The actions Washington took are not listed in the Constitution as powers given to the President. 1. Serving only two-terms (term 4 years) of office. 22 nd Amendment made this a permanent change after 1951. 2. Giving the state of the union address every year. 3. Created the cabinet. A group of advisors to the President. 4. When taking the oath of office- so help me god. 5. President being referred to as Mr. President. 24
Federalists Federalists and Antifederalists Federalist comes from the word federalism, which is a type of government where power is shard between the national/ federal government and state governments. There was a fear that the new Constitution would take too much power away from the states. The Federalists (supporters of the Constitution) responded to this concern with the idea of Federalism. Powers would be shared between the states and the National(federal) government. Federalists liked the idea of a stronger national government. They had more support in the Northeast and in cities. Businessmen and merchants tended to support the Federalist. James Madison Washington Patrick Henry Thomas Jefferson John Adams
Federalists and Antifederalists Antifederalists- Democratic Republicans The Antifederalists (against ratifying the new constitution) thought the new Constitution took too much power away from the states, there was no bill of rights and they feared a strong President could become a king(executive branch), and the Senate could become an elite ruling class. Antifederalists were more popular in the Western and Southern states. Farmers and people in rural areas tended to favor the Antifederalists. Patrick Henry Thomas Jefferson Madison was a Federalist, but he later joins the Antifederalists James Madison
Federalist Papers Federalists James Madison, Alexander Hamilton and John Jay, wrote a series of newspaper articles that answered many of the questions that people had about the new Constitution. The Federalist Papers help to convince many people to support ratifying the new Constitution. James Madison
Bill of Rights- Amendments 1-10 Amendments 1-9 protect basic individual freedoms. The 10 th Amendment deals with powers between the states and federal government. For example, the 1 st Amendment protects a Citizen s right to freedom of religion, speech, press, and to protests. Other amendments protect the right to a fair trial.
How did the lack of a Bill of Rights endanger the Constitution? The Antifederalist wanted a written guarantees that basic rights would be protected under the new constitution. Without a Bill of Rights many states would not ratify the Constitution. Both the Federalists and Antifederalists agreed to adding a Bill of Rights being to the Constitution and as a result the Constitution was ratified on June 21, 1788. This map shows where support for ratification of the Constitution was strong or weak. To ratify the new Constitution, 9 states had to agree to it. On June 21, 1788, New Hampshire became the 9 th state to accept the Constitution. This made the Constitution official throughout the United States.