Chapter 8 – Creating a Federal Government

Section 1

I.  Meeting in Philadelphia

  1. Set for May 14th but due to poor travel conditions and the weather, there weren’t enough delegates for a quorum – the number of people required for legal business
  2. Eventually, 55 delegates from 12 states (Rhode Island refused to send any delegates) arrived by May 25th
  3. The delegates:
  4. Wealthy, white, land owning men
  5. Lawyers, merchants and traders, doctors, planters, college professors
  6. More than half held college degrees
  7. 46 served in state or colonial legislatures
  8. Roughly half served in the continental army
  9. Many owned slaves
  10. Notable delegates:
  11. George Washington
  12. James Madison
  13. George Mason
  14. Ben Franklin
  15. Alexander Hamilton
  16. William Patterson
  17. Main issue involved the ideas of a strong or weak national government
  18. Who should hold power the national government or the states
  19. Pitted the large states vs. the small states
  20. Other Issues:
  21. Economic interests and regulation of trade
  22. Counting slaves for population for representation vs. abolishing slavery altogether
  23. To create a new plan of government that would function better than the Articles of Confederation

Section 2

I.  A New Plan of Government

  1. First order of business, elected George Washington as president of the convention
  2. Unanimous
  3. Held meetings in secret
  4. No reports would reach the public
  5. People could change their minds
  6. Little to no miscommunication or misunderstanding due to the press
  7. Goal was agreement NOT victory

d.  Virginia Plan

  1. Formulated by James Madison
  2. Called for an executive and judicial branch
  3. Replaced the unicameral (one house) Congress with a bicameral (two house) Congress. Both members would be determined by state size/population
  4. Also, the national government could reject laws passed by state legislatures
  5. Large states liked this idea
  6. Strong central government idea

e.  New Jersey Plan

  1. Formulated by William Patterson
  2. Called for an executive and judicial branch
  3. Kept the unicameral Congress with each state having one vote regardless of size
  4. Also, gave Congress the power to tax and regulate trade
  5. Small states like this idea

f.  The Great Compromise/The Connecticut Compromise

  1. Compromise – the settlement of a dispute in which one side yields to some of its demands
  2. Called for a two house Congress
  3. One based upon state population
  4. House of Representatives
  5. Pleased large states
  6. One based upon equal representation
  7. Senate
  8. Each state would have 2 senators
  9. Both Houses had equal powers except for the power to originate money bills which the House has

Section 3

I.  Hints of Future Controversy

  1. 3 Issues divided the delegates
  2. Power of the executive
  3. How to elect, who will elect and for how long
  4. Voters vs. the Electoral College
  5. People wouldn’t or couldn’t have that responsibility
  6. Electoral College – group of electors (representatives of the people) would be chosen by each state to meet and elect the president and vice-president
  7. Each state would decide how to choose electors
  8. Each state would have the same number of electors that they have senators and representatives
  9. Whoever got the highest number of votes became president and the next highest vote getter would be vice (This will change)
  10. Gave the president 2 key powers
  11. Veto – power to reject a bill or legislation from Congress
  12. The idea of checks and balances
  13. Right to nominate federal judges
  14. Slavery and economic differences

1.  3/5 Compromise

  1. Stated that when counting population for representation and taxation, all slaves would be counted as 3/5 of a person
  2. Congress would not interfere with the slave trade until 1808 and that runaway slaves would be returned when caught
  3. Protection of the rights of the citizens
  4. People insisted on some form of protection for natural or inherent rights
  5. To protect the states from abuses of power by the national government

Section 4

I.  The Battle to Ratify the Constitution

  1. People began to notice that this new document provide little strength for individual rights
  2. Many suggestions for amendments, or changes, to the new Constitution
  3. 9 out of the 13 states, a majority, would have to ratify the Constitution for it to be valid
  4. 2 groups emerge
  5. Federalists – those who supported the Constitution
  6. Tended to be better educated and better prepared to bolster their arguments
  7. Controlled many of the newspapers
  8. Wrote the Federalist Papers – a collection of articles explaining and defending the constitution, answered the attacks of the Antis and presented powerful arguments in support of ratifying the Constitution
  9. John Jay, Alexander Hamilton and James Madison
  10. Pointed out the three separate branches of government
  11. Presented the idea of checks and balances, so that one branch of government would not become too powerful
  12. Showed how the states were able to keep many of their original responsibilities
  13. Pledged to submit a Bill of Rights to Congress as soon as the Constitution was ratified
  14. Anti-Federalists – those that opposed the Constitution without a bill of rights, feared a strong national government
  15. Said that they shouldn’t have re-written the plan of government
  16. Removed government too far from the people
  17. Nation was too large for the power to rest in the hands of a national government
  18. Ratifying the Constitution
  19. Delaware becomes the first state in 1787
  20. Rhode Island the last in 1790
  21. On June 8th, 1789, Congress was submitted 12 amendments that contained the Bill of Rights
  22. 10 were accepted
  23. Bill of Rights was ratified by 3/4 of the states by Dec. 15, 1791

Section 5

I.  The Meaning of the Constitution

  1. The Constitution has only been amended 26 times, while thousands of amendments have been proposed
  2. Reflects the changes in social and economic sectors of American life
  3. Because it can change, it has survived for this many years
  4. Federalism – A system of government where the people, the states and the central government all share power, but the central government having supreme or ultimate power
  5. A result of the constitution
  6. With the people sharing power, neither the states nor the national government can become too powerful
  7. Enumerated Powers – power given directly to the federal government
  8. Examples: coin money, conduct business with foreign nations, grant patents and copyrights, establish post offices, declare war, make treaties
  9. Implied Powers – given powers that are necessary and proper to carry out duties of the federal government, not listed in the constitution
  10. Examples – improving waterways, social security, the FCC, the SEC
  11. Reserved Powers – powers given directly to the state governments
  12. Examples – Setting up schools, public health and safety offices and services
  13. Concurrent Powers – powers shared between the federal and state governments
  14. Examples – power to raise taxes, build roads, set up courts
  15. Supremacy Clause – the power and laws of the federal government are more powerful than the states
  16. Separation of Powers – the division of power between the 3 branches of government (executive, legislative and judicial)
  17. Checks and Balances – Each branch is given enough power to check on the activities of the other two branches of government to balance power
  18. Legislative Branch
  19. Both houses must pass a bill before it can be signed into law by the President
  20. President can veto any bill
  21. Supreme Court can declare whether a law is constitutional or not – judicial review
  22. Executive Branch
  23. Congress can remove a President from office
  24. Impeach – formally accuse the President of wrongful conduct
  25. 2/3 vote from the Senate can remove the president
  26. Senate must approve of Presidential appointments
  27. Treaties must receive 2/3 vote of the Senate to be approved
  28. Congress can override a presidential veto with a 2/3 vote in both houses of Congress
  29. Congress controls taxation and spending
  30. Judicial Branch
  31. Congress can impeach and remove federal judges for wrongful conduct
  32. Senate has the power to approve or reject presidential appointments
  33. Congress can overturn Supreme Court decisions by proposing amendments to the constitution
  34. Congress decides the number of justices on the Court
  35. President can pardon, set free from punishment, those that have been found guilty of a crime
  36. Civil Liberties – the freedom of people to enjoy those rights guaranteed by law
  37. The Bill of Rights – first 10 amendments to the constitution
  38. Page 240

ii.  Amending the Constitution

  1. Proposal – 2 ways
  2. 2/3 vote in both houses of Congress
  3. 2/3 of the states asking Congress for a Constitutional Convention
  4. Becoming an Amendment – 2 ways
  5. 3/4 of the state legislatures ratify the amendment
  6. 3/4 of state conventions voting on the amendment approve it