Bellringer

BELLRINGER The Preamble to the Constitution

Fill in the blanks, to the best of your ability… Please write out the whole paragraph.

We the People of _____ ___________ ___________, in Order to form __ ________ ___________ ___________, establish ___________, insure __________ Tranquility, provide for the _________ _________, promote the general ___________, and secure the ______________ ____ ________________ to ourselves and our _____________, do ordain and ____________ this ______________ for the United States of America.

THE CONSTITUTION

WHAT NOW? Having witnessed the failure of the Articles of

Confederation and seeing imminent anarchy… Shay’s Rebellion Interstate Trade Wars Etc.

Many Americans saw the need for new gov’t… James Madison George Washington Alexander Hamilton Benjamin Franklin

WHAT NOW? So they called a secret meeting in

Philadelphia. Purpose: to amend the Articles

Enlarge the size and scope of the national gov’t

James Madison and the Virginians immediately proposed to scrap the Articles and start over from scratch. They met little resistance

But what would the new gov’t look like? Madison, the “Father of the Constitution” came

prepared with a plan.

THE CONSTITUTIONAL CONVENTION The Virginia Plan

Designed by J. MadisonCalled for an exec., judicial, and legislative

branch.Legislative Branch: Makes national laws/policies

2 HousesRepresentation determined by population

Favored by Large States. Why?

THE CONSTITUTIONAL CONVENTION The New Jersey Plan

Also called for the same 3 branches as the VA plan.Legislative Branch

1 HouseEqual Representation

Favored by Small States. Why?

THE CONSTITUTIONAL CONVENTION “The Great” (Connecticut) Compromise

1. Legislative Branch – Makes the lawsHouse of Representatives (rep. by

population) – VA PLANThe Senate (equal representation) - NJ PLAN

2. Executive Branch – Carries out the laws The President, VP, and Executive Depts. and

Agencies3. Judicial Branch – Interprets the laws

The Supreme Court

THE CONSTITUTIONAL CONVENTIONTwo most debated Topics

1. Representation in the Legislature

2. Slavery

THE CONSTITUTION 3 Compromises on Slavery

1. Question = How do we count slaves? For purpose of taxation? For purpose of representation? Answer = 3/5 Compromise

For purposes of rep. and taxation, slaves counted as 3/5.

2. If we end slavery, how do we do it and when? Answer = Slave trade to be discussed not until 1808.

3. Fugitive Slave Clause If a slave escapes from the South to the North, the

people of the North are compelled by law to return said slave.

RATIFICATION After months of heated debate…

Constitution now written and signed, still had to be ratified by the supreme authority: the people.

Const. said that 9/13 states had to ratify it for it to become the official new government.

Groups form opposing and promoting the Constitution

ANTI-FEDERALISTS Prominent anti-Federalists:

George Mason, Samuel Adams, Patrick Henry

The Accusations: Government too far removed from the people Checks and Balances merely a “front”

Evidence: Necessary and Proper Clause (elastic clause) of the Constitution Says that Congress shall have the power to do anything that is

“necessary and proper” Purpose of Philadelphia convention = to amend the Articles No Bill of Rights (No protection from BIG government)

FEDERALISTS Prominent Federalists:

James Madison, Alexander Hamilton The Defense:

Bill of Rights not necessary, potentially harmful Answered questions/concerns with “The Federalist Papers”

THE FEDERALIST PAPERS To persuade Americans to support and ratify the

constitution 85 essays total Addressed and defended all elements of the Constitution

showing Americans that it really would work and be a good thing.

THE RESOLUTION The Federalists convinced America that the Constitution

was in the new nation’s best interest How?

People knew the Articles were seriously flawed The Anti-Federalists had no counter-offer, only opposition Had the support of George Washington

But, they were only able to do so by agreeing to include a Bill of Rights as the new government’s first item of business

In June 1788 they got the 9 states’ approval that they needed.

By 1789 the new gov’t was up and running.

The purposes of the Constitution are set forth in the Preamble (introduction):

Form a more perfect Union Establish Justice Insure Domestic Tranquility Provide for the Common Defense Promote the General Welfare Secure the blessings of Liberty to ourselves and

our Posterity.

PART 2:

PREVENTING TYRANNY

THE CONSTITUTION With the basic structure of the Constitution

pinned down, one BIG question remained… How do we empower the Nat’l Gov’t while

ensuring that the gov’t won’t abuse its power?

FILTERED CONSENT

PREVENTING “TYRANNY OF THE MAJORITY”

SEPARATION OF POWERS A branch to Make

Laws:

A branch to Carry out the Laws:

A branch to Interpret the Laws:

THE CONSTITUTION The Enumeration of Powers

CHECKS AND BALANCES/SHARED POWERS

Federalist 51: Checking Governmental Power “But what is government itself, but the greatest of

all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: 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.”