The Constitutionand the Consequences of History
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Theories of History Normally we would go through the various
theories, but since we just did that, there is no sense in that now is there?
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1.Cyclical2.Linear
Progress3.Linear Decline4.Great Men5.Great Events
Flow Chart of Consequences
Action or Event
Reaction
Intended Consequence
Unintended Consequence
Long-Term Consequences
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The Plan The Constitution is Presented
Reaction to the Constitution
Background information on the Reaction
Discussion of Reaction
The Intended Consequence and outcomes
ARTIST + R&B
The Unintended Consequences
Conclusion© 2010 AIHE
Remember this?The Constitution becomes a document based on a series of compromises on many different levels.
RepresentationSlavery
Selecting a President
Commerce
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The Great Compromise(Representation)
The Connecticut Compromise was legislation that was put together by Roger Sherman and Oliver Ellsworth of Connecticut. It would lead to the creation of a government that would have an upper and lower house. The Compromise featured ideas from both the New Jersey and Virginia Plans. In the lower house of government, representation would be chosen due to the population of the states, as can be seen in the Virginia Plan. Representatives would be nominated and elected by the people. A census, which was a survey of the population, would be taken every ten years to see how the representation in the United States would change. Membership in the upper house would be two representatives from each state, no matter what the size of the population was.
Just a little narrative history.
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Slavery
Three-fifths of slave populations would be included in determining House representation
The North agreed not to interfere with slave importation for 20 years (1807)
Compromises avoided makingslavery an issue for debate
Framers ended up merelypostponing a national calamity
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Selecting a President
Delegates wanted to limit democracy (mob rule)
Plan to indirectly elect the president
Federal judiciary made an appellate court
Power to declare any law unconstitutional not stated, but possibly implied
The Philadelphia state house around the time of the Constitutional Convention
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Commerce
Congress to have the power to pass tariffs
Tariff could be on imports only South feared tariffs on exports
South gave in on the commerce issue in return for the 3/5 Compromise
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Possible IssuesSlavery President Commerce
Why might certain groups have been in favor of the compromise?
Why might certain groups have been opposed to the compromise?
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The Constitution is sent to the states
The document is completed and accepted by the convention
It is then sent to the states for ratification
This process would unleash forces in support of the document and in opposition to it
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The Struggle for Ratification
Congress agrees to send the Constitution to the states
Ratification procedure called for direct input from the people and not the state legislatures or Congress
Two distinct views emerged: The Federalists The Anti-Federalists
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Federalists Central government essential
Believed the Constitution addressed all the shortcomings of the Articles
Provisions in place to check government’s power
John JayJames MadisonAlexander Hamilton
Anti-Federalists Central government had too much power
The “distant” government would neglect their needs
The Constitution favored the wealthy and commercial classes
No protection of individual liberties
Richard Henry Lee Patrick Henry Samuel Adams
Discussion of the Reaction
Intended
What was the intended consequence of the development of the Constitution?
Unintended
What unforeseen consequences could come from the development of the Constitution?
Two main types of Consequences
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The Federalists’ “Hard Sell”
Argued that the Constitution adequately addressed the country’s problems
The Federalist Papers provided sound, reasoned arguments
Portrayed the Constitution as the best—and only—plan available
Sometimes you may run into a situation where you can use multiple methods.
ARTIST + R&B?
What is ARTIST?
A.R.T.I.S.T. is a method of primary source analysis that allows students to process information in a written or visual source of a historic nature.
An acronym, each letter stands for an important part of the process.
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A.R.T.I.S.T. Method of Document Analysis• Author
• Reason
• To whom
• Immediate effect
• Subsequent effects
• Time period© 2010 AIHE
What is R&B?
R&B is the logical extension of the ARTIST analysis.
R&B stand for Reliability and Big picture ideas respectively.
It is absolutely imperative that students have a grasp of the reliability of historical documents as well as the big picture ideas contained in them.
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Early Battles for Ratification
Delaware, New Jersey, Georgia, and Connecticut Were small states, ratified quickly, feared the larger states
Battles in Pennsylvania and Massachusetts Both were populous and feared the apportionment issue Mass. even proposed some amendments
Cartoon satirizing events in Connecticut at the time of the state’s ratification convention
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The Ratification Battle in Virginia
Famous figures on both sides of the debate Antifederalists played on fears while the Federalists used logical
arguments
Maryland, South Carolina ratify by the time the Virginia convention opens
New Hampshire ratifieswhile the convention is going on
Virginia ratifies the Constitution by a slim margin soon afterward
The Final States Ratify
New York
North Carolina ratifies in November of 1789
Rhode Island ratifies in May of 1790
The Unintended ConsequenceWhat we didn’t see coming
It is impossible to predict the future. Some decisions have rather obvious results, but others are much more difficult to predict. The law of unintended consequences should teach all that future outcomes should be closely examined and considered before making big decisions for short term gains.
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Creation of a Bill of Rights
Initially, the Constitution had no bill of rights
Briefly mentioned during the federal convention but rejected as unnecessary and redundant
During the ratification conventions, it became clear a bill of rights was desired and even required to assuage fears about the new government Federalists agreed to include a bill of rights
Bill of Rights drafted and approved in the first Congress in 1789
Approved by the people through the amendment process in 1791
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The Promise in the Bill of Rights
Written rights don’t guarantee rights
The Bill of Rights continued the discussion about liberty and freedom discussed at the Federal convention
14th amendment (later): Federal and state governments are held accountable to not violate people’s rights
Democracy is best practiced by people defending their rights *
The Supreme Court serves as the forum for continued dialogue over people’s rights and freedoms *
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Other Unintended Consequences
Short-Term
Question of strict or loose interpretation of the Constitution
Formation of political parties or “Factions”
Question of who would and could decide the constitutionality of laws
Long-Term
How many and to what extent would states have rights
Could states remove themselves from the Union of their own volition
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