5.2 – drafting the constitution

1. 5.2 – drafting the constitution • Main Idea • Why it Matters Now The Constitution remains the basis of American government

2. Objectives

3. A nation on the brink • The US faced serious challenges that a weak central government could not resolve • Inability to tax left the government broke and unable to lend money to bankrupt farmers • Shay’s Rebellion – • Rebellion deeply worried state delegates, forcing them to rethink the Articles of Confederation

4. Call for a convention • Constitutional Convention – • RI abstains, fearing pressure from larger states • James Madison – • It called for population-weighted representation in national legislature • Madison arrives a month early, determined not to amend the Articles, but instead write a new Constitution • Nationalist movement, lead by Madison and Alexander Hamilton gains momentum • George Washington was named the presiding officer of the Convention by unanimous vote.

5. Issues debated at the Convention

6. Conflict leads to compromise • 12 of 13 states show up, all except Rhode Island. Delegates agree to scrap the Articles of Confederation and attempt to empower the national government in a new Constitution • Big States vs. Small States – how will Congress be shaped • Virginia Plan – • New Jersey Plan – • The Great Compromise – • Roger Sherman –

7. Slavery Remains an Issue • Debate over slavery threatened to unravel the entire process. Southern states would vote against any attack on slave institution • Northern states had to swallow their distaste for slavery, understanding that the Constitution was more important than any one issue • Should slaves count towards state population, thus an increase in Legislative representation? • 3/5 Compromise – • International slave trade allowed for at least 20 more years. • Framers acknowledged their inability to resolve slave issue, passed responsibility to future American leaders

8. Creating a New Government • Federalism – • Enumerated Powers – • Declare war, conduct foreign affairs, establish federal court system, raise an army, coin money, regular interstate trade, regulate international trade • Reserved Powers – • Local government, public education, traffic laws, marriage laws, trade within state, medicine • Powers denied to the states – coin money, establish value of money, run postal service • Shared Powers – powers shared between the state and national government • Levy taxes, borrow money, charter banks, punish crime

9. Formation of the new heads of government • Executive Branch – • President and Vice President • Legislative Branch – • House of Representatives • Senate • Judicial Branch – • Supreme Court • Federal Courts

10. Separation of Powers

11. The convention comes to a close • Checks and Balances – • Each branch receives powers that prevent the other branches from becoming a Monarchy • Electoral College – • This was a safeguard to put a degree of separation in between the President and the uneducated masses • Popular elections are still held, with elector encouraged to vote by the will of the people • Convention adjourns, Constitution went to the individual states to be ratified (passed).

12. Checks and Balances