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The Evolution of a Constitution

The Evolution of a Constitution. You will be able to list and explain weaknesses of the articles of confederation. You will be able to identify the key difference between the VA and NJ plans for government.

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The Evolution of a Constitution

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  1. The Evolution of a Constitution • You will be able to list and explain weaknesses of the articles of confederation. • You will be able to identify the key difference between the VA and NJ plans for government. • You will be able to explain and discuss the debate between the Federalists and Anti-Federalists.

  2. Political Philosophy Of the Founders • John Locke • Natural Rights • Life • Liberty • Property

  3. Shay’s Rebellion

  4. Weaknesses of the Articles of Confederation Problem 1. 2 3 4 New laws needed to be passed by 9/13 states Any law needed would take much time to get passed Recent flaws or weaknesses went unchanged Any changes to govt. took approval of all 13 states The lack of revenue to pay for services, debts and military Congress did not have power to tax Inability collect debts meant deeper and deeper into debt, especially to foreign countries Congress could not collect on debts owned by states

  5. Weaknesses of the Articles of Confederation Problem 5. 6 7 8. Congress could not settle disputes between states Constant threat of wars between states. No chance for a unified country Lack leadership to bring unity or settle disputes No chief executive such as a President Enemies from abroad made country vulnerable to attack Congress could not draft men into military service No national court system. States had their own State disputes went unsettled. No appeals process

  6. Debates During the Constitutional Convention Philadelphia, 1787

  7. Purpose? • Reform and Strengthen the Articles of Confederation. • They wanted to address the weaknesses of the Articles

  8. New Jersey Plan • Small states took offense to VA Plan • Worried about giving up all power to large states. • Only real difference??? • The legislative branch would be based on equal representation.

  9. Regulation of Trade Key Question: Should Congress have the power to regulate trade?

  10. North • Economy based on manufacturing and trade • Low slave population

  11. North • Commercial Based economy • Count on Congress to protect trade interest • Congress should have power to regulate trade

  12. South • Export economy (tobacco) • Feared Congress would favor trade over agriculture • Feared a stop on the slave trade • States should regulate trade

  13. Resolution • Congress regulates trade • Cannot tax exports • Cannot interfere with slave trade for… 20 years

  14. Slaves in the population Key Question: Should slaves be counted as a part of the population when determining representation in Congress?

  15. North • “Slaves are property” • Slaves should not be counted toward pop. • Slaves should be taxed • Lose Key seats in Congress

  16. South • Economy based on large scale agriculture • Large population of slaves

  17. South • “Slaves labor = to freeman’s labor” • Slaves should be counted • Slaves should not be taxed • Gain important seats in Congress

  18. Resolution 3/5 Compromise • 5 slaves=3 people counted • Slaves can be taxed • Slaves receive no rights • Census taken every 10 years

  19. Ratification Key Question: Should the Constitution that was produced at the Convention be ratified or approved by the states?

  20. Federalists • Attended the CC • Hamilton and Madison

  21. Federalists • Stressed weaknesses of Articles • Necessity for strong central Government

  22. Federalists • System of Checks and Balances and separation of powers will safeguard rights • System of Federalism • Called for ratification

  23. Anti-Federalists • Influential state delegates • Lee and Henry • Also called, States righters

  24. Anti-Federalists • Stressed a revision of Articles • Feared an abusive central government • Experiences under English rule

  25. Anti-Federalists • Insisted on a written guarantee of rights

  26. Resolution • Federalists papers urged ratification • Delaware was first to ratify

  27. The Federalist Papers • 85 total Federalist Papers • Alexander Hamilton, John Jay, James Madison were the authors • Explained the Constitution • Madison wrote 2 of the most famous: 10 and 51 • Federalist #10 – warming about factions and strategies to deal with them • Federalist # 51 – elaborates on checks and balances as the solution to factions

  28. Resolution • Heated debates in New York and Virginia • All states ratified • Promised a written guarantee of rights

  29. Federalism • Powers of government is divided between national, state, and local governments • Each level of government has its own powers Federal Local State

  30. What had to be added? • A Bill of Rights • WHY? • Freedoms from the central government • What about state governments? What protection do we have from them?

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