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The Framing of the Constitution

The Framing of the Constitution. By Mr. Owens. Crash Course 8: The Constitution. Essential Questions. What were the key compromises of during the Constitutional Convention ? What were the key elements including separation of powers and federalism?

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The Framing of the Constitution

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  1. The Framing of the Constitution By Mr. Owens Crash Course 8: The Constitution

  2. Essential Questions • What were the key compromises of during the Constitutional Convention? What were the key elements including separation of powers and federalism? • What were the key decision reached on slavery and the slave trade in the Constitution? • What were the key arguments in support of ratification made by the Federalists featured in the Federalist Papers, and what were the key arguments of in opposition from the Anti-Federalists? What were the key elements of the Bill of Rights and how did it serve the ratification process?

  3. Advocates for Centralization • Society of Cincinnati - “Newburgh Conspiracy” • American manufacturers - tariffs • Merchants - uniform economic policy • Land speculators - Indian protection • Creditors - end states printing $ • Investors - fund the debt - taxes? • Large Property Owners - protection from mobs • Annapolis Convention in 1786 only 5 states sent delegates, Alexander Hamilton & James Madison persuaded others to agree to convention in Philadelphia in 1787

  4. Constitutional ConventionPhiladelphia, 1787 • 55 Delegates from all states except RI – all white, educated, relatively wealthy, males • George Washington chairperson, Benjamin Franklin (81) elder statesman • Drafters: Madison, Hamilton, Gouverneur Morris, John Dickinson • Missing: John Adams, Jefferson, Paine abroad, Samuel Adams & John Hancock not chosen, Patrick Henry opposed federal power.

  5. Key Issues • Representation: Small States vs. Large States, Virginia Plan (Madison) favored large, New Jersey Plan (William Peterson) favored small • Connecticut Plan (Great Compromise) Roger Sherman 2 Houses – Senate based on equality, House of Representatives based on population. • Slavery: 3/5th Compromise for taxes & representation, slave trade could not be abolished for 20 years (1808), fugitive slave clause • Trade: Commercial Compromise = Congress can regulate interstate & foreign commerce including tariffs on imports, banned taxes on exports & limit $10 tax on imported slaves • Executive: President term limited to 4 years fearing tyranny • Electoral College system: fearing too much democracy & “mob rule” • Powers debated: ultimately strong powers including veto

  6. The Document • Separation of Powers: • Federalism - powers divided between federal, state, local government (Montesquieu) • Checks and Balances (David Hume) branches of government check each other • Question of Sovereignty - State vs. National? - power to the people • Supreme law of the land - no state had power to defy Constitution • Expanded power - to tax, regulate commerce, control currency, pass laws • Art. I Sec. 8, Clause 18- “Necessary and Proper” or “Elastic Clause” • Fearing “Mob Rule” Electoral College & only House of Representative directly elected by the people

  7. Federalists • Lead by Hamilton, Franklin, Washington with support from Madison and John Jay • More support along Atlantic Coast & large cities • Wrote Federalist Papers 85 Essays “Publius”supporting ratification • Argued for strong central government for order & to preserve union • Fear of Anarchy and chaos • Fear of unchecked power of the masses

  8. Anti-Federalists • Lead by George Mason (VA) others not present including Thomas Jefferson, Patrick Henry, John Hancock & George Clinton (NY) • Supported a reformed Articles of Confederation w/ limited power, power should lie with the states and individuals • Strong central government would destroy work of Revolution, limit democracy and states’ rights - Need for a Bill of Rights • Believed to represent the common man and as true defenders of the Revolution • Constitution favored the elite in society • Poorly organized & slow to respond to Federalists

  9. Ratification & Bill of Rights • 9 of 13 States needed to ratify in state conventions • Promised to add Bill of Rights and leadership of Washington, Madison, & John Marshall passage in VA, Hamilton in NY in 1788 (NC & RI after in 1789 &1790) • Bill of Rights: Anti-Federalists argued necessary to protect against tyranny, Federalists argued unnecessary since chosen by the people, and may limit rights but conceded for Ratification • Congress adopted Bill of Rights (First Ten Amendments) in 1789 led my James Madison (Speaker of the House), ratified by states by 1791

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