Constitutional Convention Unit Notes€¦ · Constitutional Convention Unit Notes. Civics Textbook: “Government and Society ... Constitutional Convention-After the Annapolis Convention,

Constitutional Convention Unit Notes

Civics Textbook: “Government and Society”- Text p. 5

Cue Notes

four reasons why society needs a government

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. SecurityGovernment 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, national parks.

Civics Textbook: “Types of Government”- Text p. 7 and 17

Key Word Notes

Monarchy

Absolute

Constitutional

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 stayin power because they have the support of other powerful families inthe country (nobles).

Example- Saudi Arabia

Monarch Laws(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

Monarch Constitution Law Making Body Laws(Congress, Assembly, Parliament)

Civics Textbook: “Types of Government”- Text p. 7 and 17

Key Word Notes

Dictatorship

Autocracy

Oligarchy

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.

Dictatorship by a small group. Many times Oligarchies will turn into autocracies.

Dictator

PoliceMilitary

Laws

GroupPolice

Military

Laws

Civics Textbook: “Types of Government”- Text p. 7 and 17

Key Word Notes

Democracy

Republic

Direct

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 Democracy- Laws and decisions in a country are voted on directly by people. Ancient Greeks

Citizens Election Elected Representative Government Laws

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 inScottsburg, New York.

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Enlightenment Philosophers

- A philosopher is a person who seeks knowledge and

wisdom.

- Many of the Founding Fathers were heavily

influenced by the Enlightenment philosophers.

- Enlightenment Period , also called the Age of Reason,

occurred in Europe from 1660-1798.

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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…

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

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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.

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- 1689King/ 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.

The Virginia Plan called for three branches of government (executive, judicial andlegislative). Each branch could check or limit the power of the other branches. This plancalled for a two-house Congress (bicameral). The number of representatives astate sent to both the upper and lower house would be based on a state’s population. Thisplan favored the larger states. Proposed by James Madison and Edmund Randolph of VA.

Madison Randolph

= VA Plan

Large States

Patterson

= NJ Plan

Small States

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 RepresentativesRepresentation based on population. The more people you have, the more representatives you can elect to Congress.

=Congress

3/5th CompromiseBecause 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 thetotal population for the state so they could get more representation in theHouse of Representatives.

The Northern (free) states did not want the Southern states to count any oftheir slaves because slaves were not considered citizens. Wanted to tax slaves as property, and endthe 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

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 4th President of the United States.

Important People at the CC

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.

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).

Important People at the CC

George Washington

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.

Important People at the CC

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. 22nd

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”.

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Federalists and Antifederalists

Federalist comes from the word federalism, which is a type of government where power isshard 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.

Patrick Henry Thomas Jefferson

Washington John Adams

James Madison

Federalists

Federalists and Antifederalists

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

Antifederalists- Democratic Republicans

Federalist PapersFederalists 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 10th Amendment deals with powers

between the states and federal government. For example, the 1st 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 Antifederalistsagreed 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 9th state to accept the Constitution. This made the Constitution official throughout the United States.