Ratification of the Constitution Designing and Approving the New Republic This presentation is the property of Dr. Kevin Parsneau for use by him and his.

Ratification of the Constitution

Designing and Approving the New Republic

This presentation is the property of Dr. Kevin Parsneau for use by him and his current students. No other person may use or reprint without his permission.

Ratification• What happened during the debates about the

decision to agree to live under the new Constitution?

• What were the main problems in early America prior to ratification of the Constitution?

• How did the people who wrote the Constitution try to address those problems?

• What were some major criticisms and concerns and were they legitimate?

The Atmosphere• Revolutionary War (1774-1783)

• Articles of Confederation (1777) – Weak national government/ subordinate to states – Division– federal government couldn't print $– states went separate ways after Revolutionary War– Any single state could veto

• Shays’s Rebellion (1786)

• Constitutional Convention (1787)

Shays’s Rebellion

1786 uprising by farmers and veterans in western Massachusetts raised questions about the durability of the Articles of Confederation. Many felt that the states were not strong enough to put down revolts, so many they should re-write the Articles.

Constitutional ConventionDelegates were sent by the states to change the Articles of Confederation, but they decided instead to create a whole new document . They agreed to do so in secret without public record.

"That nothing spoken in the house be printed, or otherwise published or communicated without leave."

Tensions

1. Social issues2. States’ Power 3. Large states vs. small states 4. Executive Power5. Nature of Judiciary 6. Slavery

Features of the Constitution

A. State sovereigntyB. Great CompromiseC. Executive AuthorityD. Nature of JudiciaryE. Unresolved Issues F. Amendable

Features of the Constitution

A. State sovereignty– 1. Federalism – 2. Supremacy Clause (Article VI) – 3. Enumerated Powers and Implied Powers – 4. “Full Faith and Credit”

Features (cont.)

B. Great CompromiseVirginia PlanNew Jersey Plan

C. Executive AuthorityD. Nature of JudiciaryE. Unresolved Issues F. Amendable

Features (cont.)

B. Great CompromiseC. Executive Authority

Unitary ExecutiveElectoral College

D. Nature of JudiciaryE. Unresolved Issues F. Amendable

Features (cont.)

B. Great CompromiseC. Executive AuthorityD. Nature of Judiciary

Judicial Review?

E. Unresolved Issues F. Amendable

Constitution as Imperfect Compromise

Mr. President, I confess that there are several parts of this constitution which I do not at present approve, but I am not sure I shall never approve them….For having lived long, I have experienced many instances of being obliged by better Information, or fuller Consideration, to change Opinions even on important Subjects, which I once thought right, but found to be otherwise. —Benjamin Franklin (September 17, 1787)

Ratification Debate: Federalists vs. Anti-federalists

A. Federalists B. The Federalists’ Fears• Federalists’ SolutionsB. The Anti-Federalist

Ratification Debate: Federalists vs. Anti-federalists

A. Federalists B. The Federalists’ Fears– Factions– Tyrants– Demagogues

• Federalists’ SolutionsB. The Anti-Federalist

Ratification Debate: Federalists vs. Anti-federalists

A. Federalists B. The Federalists’ Fears• Federalists Solutions– Federalist 10 – Federalist 51

B. The Anti-Federalist

Anti-Federalists

In reality there will be no part of the people represented but the rich, even in that branch of government of the legislature which is called the democratic. The well born and highest orders of life, as they term themselves, will be ignorant of the sentiments of the middling class of citizens, strangers to their ability, wants, and difficulties, and void of sympathy and fellow feeling.

-Brutus III

Ratification Debate: Federalists vs. Anti-federalists

B. The Anti-Federalist– National government too powerful– Aristocracy– Danger of corruption– Can we change if we go wrong?– Bill of Rights

If pure democracy is allowing the voters to directly elect official, then how democratic is the U.S. Constitution?

Some Thoughts• Constitution formed in response to instability– Many states into one nation– Weak federal government– Fear of revolt

• Result of Compromise– Fear of Executive– Big and Small States– Slavery

• Was it a democracy?• The critics may have been right