Disagreements Over a New Government
Analyze Information How did the New Jersey Plan and Virginia Plan differ in their approach to
the executive branch of government?
The Three-Fifths Compromise
Based on the information presented, how did southern states benefit from the Three-Fifths
Compromise?
What are the important features of American
government under the Constitution?
Use this
image to
search for
clues:
How is the
American
government
organized?
Why do you
think our
government
is organized
like this?
Unit 2
Writing The Constitution
SSCG3 Demonstrate knowledge of the
framing and structure of the United
States Constitution.
a. Analyze debates during the drafting of the
Constitution, including the Three-Fifths Compromise,
the Great Compromise, and the Commerce Clause.
b. Analyze how the Constitution addresses the
weaknesses of the Articles of Confederation.
c. Explain the fundamental principles of the United
States Constitution, including limited government,
the rule of law, federalism, separation of powers,
checks and balances, and popular sovereignty.
d. Explain the key ideas in the debate over
ratification made by the Federalists and the Anti-
Federalists.
Identify major eras in history
Constitutional Era
•Philadelphia Convention – 1787 –
(aka, Constitutional Convention)
•Principles of Government
•Great Compromise
•Three-fifths Compromise
•Anti-Federalists vs. Federalists
•Federalist Papers
(and other historic documents that influenced our Constitution)
•Bill of Rights
Explain the significance of the following dates
• 1787- Writing of the U.S.
Constitution
b. Analyze how the Constitution addresses the
weaknesses of the Articles of Confederation.
• Writing the Articles of Confederation:
– occurred at the Second Continental Congress (1776)
– the Articles of Confederation was the first constitution
creating a government for the new nation
– one branch—legislative The Confederation Congress included one
representative from each state.
– Articles of Confederation created a “firm league of
friendship” where “each state retains its
sovereignty, freedom, and independence”– but the
national gov’t was very WEAK!
Summarize the strengths and weaknesses of
the Articles of Confederation
• Strengths of the Articles of
Confederation:
– States’ Rights (result of strong fear of a
tyrannical leader)
– Confederation of states with equal voice in
congress
– Congress had the power to make war and
peace, sign treaties; print money, and set up a
postal system
Summarize the strengths and weaknesses of
the Articles of Confederation
• Weaknesses of the Articles of
Confederation:
– No federal leader (no “Executive” to lead the country)
– Limited military = No protection
– No national taxes (no ability to gain revenue to pay an
army, navy, or other national interests; had to ask the
states for money, which they often ignored.
– No federal court system (no ability to settle disputes
between the states)
– Lack of a strong federal government (reduced the ability to
settle disputes over state boundaries)
– No power to regulate commerce (quarrels about taxes on
goods that crossed state borders)
Summarize the strengths and weaknesses of
the Articles of Confederation
• The weakness of the Articles of Confederation
was clearly shown when a group of angry farmers
rebelled against courts foreclosing on their
farms…
• Shay’s Rebellion: Showed that
the government could not keep order and
a stronger form of national government
was needed.
c. Explain the fundamental principles of the United
States Constitution, including limited government,
the rule of law, federalism, separation of powers,
checks and balances, and popular sovereignty.
• A convention was called in Philadelphia to
address the problems with the Articles of
Confederation; James Madison
introduces a new plan for gov’t—
a new constitution.
Because of this, Madison is known as the
“Father of the Constitution”.
Analyze how the U.S. Constitution reflects the principles of limited government, republicanism, checks
and balances, federalism, separation of powers, popular sovereignty, and individual rights.
Limited government – the Constitution and laws define the limits of those in power so they cannot take
advantage of their positions. Everyone, including all authority figures, must obey the laws (rule of law).
Government is restricted in what it may do. The constitution limits the power of our government
officials, whereas a dictator has unlimited power.
Republicanism – a philosophy of limited government with elected representatives serving at the will of
the people; government is based on the consent of the governed. Representative Democracy =>
Republic => Republicanism
Separation of powers – the branches included the legislative branch ("Congress“—made up of a "House
of Representatives" and a "Senate“), the executive branch ("President“) and the judicial branch
("Supreme Court“). Article I of the U.S. Constitution—powers of the legislative branch—who makes the
laws
Article II of the U.S. Constitution—powers of the executive branch—who carries our the laws
Article III of the U.S. Constitution—powers of the judicial branch—who interprets the laws
Checks and balances – system that does not allow any one branch of the government to have too much
power (e.g., the president can veto legislation passed by Congress, but Congress can override the veto;
the Senate confirms major appointments made by the President; the courts may declare acts passed by
Congress as unconstitutional)
Analyze how the U.S. Constitution reflects the principles of limited government, republicanism,
checks and balances, federalism, separation of powers, popular sovereignty, and individual rights.
Rule of law holds that a government and its’ officers are subject to the law and not above
the law.
Federalism – the division of power between the federal (national) government and the
states. In the Constitution, certain powers are delegated to only states, others only to the
federal government, and others are shared powers.
Popular sovereignty – the concept that political power rests with the people who can
create, alter, and abolish government. People express themselves through voting and
free participation in government.
Individual rights – many opposed the Constitution in 1787 because they believed it did
not offer adequate protection of individual rights. The Bill of Rights, ratified in 1791, was
created to correct this. The individual rights protected in the Bill of Rights include
economic rights related to property, political rights related to freedom of speech and
press, and personal rights related to bearing arms and maintaining private residences.
a. Analyze debates during the drafting of the
Constitution, including the Three-Fifths
Compromise, the Great Compromise, and the
Commerce Clause.
Issue: Representation in the legislature
– Virginia Plan-
Large state plan --
proposed • Great Compromise:
representation two house legislature (bicameral)
based on population • House of Representatives based
size. on population (the more people a
state has, the more representatives
they get) and
• the Senate maintaining equal
– New Jersey Plan-
representation for all states (2
Small state plan -- senators per state).
proposed equal
representation • AKA: the Connecticut Compromise
among all states.
Summarize an event in which compromise resulted in resolution
• Virginia Plan: Large state plan that proposed
representation based on population size
• New Jersey Plan: Small state plan that proposed
equal representation among all states
• Great Compromise: Constitution resulted in a
two-house legislature with House of
Representatives based on population and the
Senate maintaining equal representation from all
states
Analyze issues of the Constitutional Convention, including the
3/5 Compromise
• Issue: How slaves should be counted in the population for purposes
of representation in the Congress and taxation?
– Southern states wanted to count slaves in their population for representation
but not for taxation.
– Northern states wanted to count them for taxation but not for
representation.
– Three-Fifths Compromise: Three-Fifths of the slave population
(3 out of every 5 slaves) would be counted to determine representation and taxation.
Analyze the Commerce Clause
• The Commerce Clause established that the power to regulate foreign and
interstate (between states) commerce would be a Congressional power.
– Article I, Section 8, and Clause 3 of the Constitution
• [Sec 8]The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and
provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall
be uniform throughout the United States; [3]To regulate commerce with foreign nations, and among the several
states, and with the Indian tribes;
• The Commerce Compromise set the foundation for the Commerce Clause.
– The southern states were fearful that Congress would be controlled by northern commercial
interests, and that those interests would act against the interest of the agricultural southern
states
– Southern tobacco was the major American export at the time. The southerners feared that
high export duties would be levied on the tobacco, and they were afraid that Congress would
try to interfere with the slave trade
– Commerce Compromise, Congress was forbidden the power to tax the
export of goods from any state, and Congress could not ban slave trade
before 1808
Presidential Compromise
Disagreement over how the president should be elected
– By the people
– By the Congress
– By the Legislature
Delegates agreed on “Electoral College”
– Voters from each state select electors to choose
the President
The President’s four year term was also part of the
Compromise because of fear of too much power if term
was longer
d. Explain the key ideas in the debate over
ratification made by the Federalists and the Anti-
Federalists.
– Federalists: Argued for a stronger national government
because under the Articles of Confederation, the weak national
government set the United States up for failure.
– Anti Federalists: Argued that states’ rights should remain
powerful; remained of the opinion that Americans fought the
Revolution to get away from a strong central government; had great
desire for the protection of individual liberties—a bill of rights!
Analyze the arguments of the
Federalists and Anti-Federalists
• Federalists: Argued for a stronger national
government because under the Articles of
Confederation, the weak national government
set the United States up for failure.
• Federalists:
– James Madison: known as the “Father of
the Constitution”; helped to write the
Federalist Papers with John Jay and
Alexander Hamilton; authored the first 10
amendments (the Bill of Rights) to
compromise with the Anti-Federalists.
– Alexander Hamilton: wanted to go beyond
the stated powers of the Constitution; used
the “necessary and proper” clause to justify
forming a National Bank that was necessary
and proper for the United States economy to
develop; served as a delegate from New York
at the Constitutional Convention.
Analyze the arguments of the
Federalists and Anti-Federalists
• Anti-Federalists: Argued that states’ rights should
remain powerful over key issues; remained of the opinion
that we fought the Revolution to get away from strong
central government; believed that the Constitution should
protect individual rights.
• Anti-Federalists:
– George Mason: Leader of the Anti-
Federalists; believed in the need to
restrict governmental power and
supported protection of individual
rights; wrote the Virginia Declaration of
Rights; refused to sign the Constitution
because it did not have a bill of rights.
– Patrick Henry: was so opposed to the
idea of a stronger national government that
he refused to attend the Philadelphia
Convention because he “smelled a rat”.
(influential leader from the colonists’ protest against England
with his speech “Give me liberty, or give me death”)
Identify the influence of ideas from
historic documents on the Constitution and Bill of Rights
• Federalist Papers- supported
ratification of the Constitution with a
focus on the need for a strong central
government with restricted powers
– The Constitution sets up for a strong
central government with separated powers
and a system of checks and balances.
• Anti-Federalist writings- Anti-
Federalist opposed the Constitution
because it lacked protection of
individual rights.
– When the Constitution was ratified, the
first ten amendments, Bill of Rights, were
immediately added to protect those rights.
Identify the influence of ideas
from
historic documents on the Constitution and Bill of Rights
• Magna Carta (1215)- Limited the
power of the King
– Constitution limits the power of the
central government
• English Bill of Rights- (1689)
listed individual rights of the
English people
– model for the U.S. Bill of Rights—
the first 10 amendments of the
Constitution
• Mayflower Compact (1620)- an
agreement by the Pilgrims that
established the idea of self
government and majority rule
– early example of democratic rule
by the people
How colonial grievances listed in the Declaration of Independence are
addressed in the Constitution and Bill of Rights
• Taxation without representation:
– All states have representation in Congress, which sets taxes
• King has absolute power:
– Congress has the power to override Presidential veto
• Colonists not allowed to speak against the King:
– 1st amendment-Freedom of Speech
• Quartering Act:
– 3rd amendment- no quartering of troops
• Allowed homes to be searched without warrants:
– 4th amendment- no unwarranted search and seizure
• No trial by jury of peers:
– 6th & 7th amendments- right to a speedy public trial, and right to a
trial by jury
SSCG6 Analyze the meaning and importance of
each of the rights guaranteed under the Bill of
Rights and how each is secured.
1st Amendment Freedom of speech, press, religion, and
assembly
2nd Amendment Right to bear arms
3rd Amendment No quartering of troops during times of
peace
4th Amendment No unnecessary search and seizure
5th Amendment Right to due process, no double jeopardy,
and not to testify against yourself
6th Amendment Right to a speedy public trial
7th Amendment Right to trial by jury in civil trials
8th Amendment Right to not have excessive bail and/or
punishment
9th Amendment Rights of the people
10th Amendment Rights to the states
Describe the importance of free speech and press
• Freedom of speech and press allow for the protection of
individual rights. Freedom to express information, ideas, and
opinions that are free of government restrictions based on
content.
Analyze the impact of the First Amendment
Guarantees religious freedom on the American way of life
Americans have the right to worship however they choose.
The government does not have the right to interfere with
religious beliefs.
Sets up for official separation of church and state.