Ch. 7 sec. 2 and 3– Answers

  1. May 25, 1787 Rhode Island
  1. 8 signers of the Dec. were present. Franklin, Washington were present, almost ½ of those present were in their 30s, some fought in the Rev. War, ex. Alex Hamilton, they were among the best and brightest of their generation, lawyers, planters, merchants
  1. James Madison was best prepared, he had studied up on the history of law, governments, politics and commerce – “Father of the Constitution”

George Washington – was so revered he was chosen “President of the Convention”

Ben Franklin – was the oldest at 81, in failing health, knew of human nature + gov’t

  1. Kept secret? So as to enable those present to speak their minds free of rebuke or criticism and to keep outside pressures – outside the proceedings
  1. 2 Rival Plans – See separate readings and underline as we go…
  1. Virginia or Large State Plan
  2. New Jersey of Small States Plan
  1. Connecticut Plan or Great Compromise
  1. Would slaves be counted towards the overall pop.of a state

Would the slave trade be permitted to continue

  1. Southern View – slaves should count directly towards the overall population of a state and thus give them more representatives in the House of Reps.

Northerners objected – since they could not vote they should not be counted

  1. 3/5’s Compromise – It was decided for the purpose of population to be counted towards representation in the House of Reps. that for every 5000 slaves, they would count as 3000 persons in overall population or a 3:5 ration …3/5’s

** Teacher inquiry? Can a person be only 3/5’s of a person? What about 20% 50% 75%?

  1. Slave Trade issues? Solution – although by 1787 the northern states had banned the slave trade within their borders– southerners still needed/depended on it.

Solution…Congress decides to extend the slave trade for another 20 years. Why 20?

Fugitive Slaves? North agreed that they could not stop fugitive slaves from being returned!

  1. Franklin’s view “Under the circumstances…it is the best we can do may ever do”
  1. Edmund Randolph, George Mason of Va, Elbridge Gerry of Mass. Refuse to sign. Why? Look at the states they represent?
  1. What would it now take for the Constitution to become the law of the land?
  1. Ratification required how many states to vote yes? 9 of 13

Why didn’t Patrick Henry go – in fact why did he refuse to attend the convention?

He said “He smelt a rat” meaning…

Answers to Ch. 7 Sec. 3

  1. While Ambassador to France – he sent Madison hundreds of books to study up on and he strongly advised he put forward the idea of a “Bill of Rights”.
  1. Adams suggested his companions seek help from 5 sources

The Greeks, Romans, Brit. Constitution, the Ancient histories, and their own Brit. ancestors – here in the colonies too.

  1. Republic – a gov’t in which citizens rule themselves through elected representatives
  1. The virtues of Rome – admired by Lee and Washington included independence, public service and devotion to the republic - values alive today?
  1. Roman Warning: Once people lost sight of the above values and began to care more for luxury and comfort…the decline and eventual fall of Rome resulted!

Not in Book: Classical Rome – Roman Republic

Fear of tyrants – Rome used a “triumvirate” rule of 3 - later killed Caesar as tyrant

Veto: after a bill is passed it could be rejected or struck down

Senate/senator – an elected official who represented the wealthy of Rome – in Senate

Plebe and plebiscite –Plebes represented the middle/lower classes of Rome

A plebiscite is a public vote or referendum on an issue, majority wins – favors majority

Roman Law – the same laws existed throughout the empire – unified it!

Classical Greece/Athens

A dislike of tyrants – people who govern over others without the consent of the people

Democracy – government whereby people make their own decisions on how to run the

government based on popular vote - voting in Athens

Love for learning: even to the point of questioning authority and how government is run

Our political system – Democratic-Republic meaning …we elect people who represent us!

So why learn? Why learn history?

“A smooth running democracy requires a well-educated population”

An educated population is the “watchdog” over the government and its actions!

  1. British Contributions: The Magna Carta 1215
  1. Kings must obey the laws too b. kings must consult the Great Council on taxes

Second: the idea that English nobles had certain rights was accepted – including:

  1. Right to trial by jury of peers b. the right to private property
  1. Out of the Glorious Revolution of the 1680s came the English Bill of Rights

Legislative elections should be held regularly

Rights of Trial by jury was upheld as was…

The Right of Habeas Corpus was affirmed – the accused before being held must be told

of charges against them

Other guarantees / rights were also agreed to by William + Mary in order to be the

Co-monarchs of England

English legal practices, traditions, and legal decisions became a basis for future practices

And those practices were brought to the colonies – foundation – English Common Law

  1. Uniquely American Contributions included:

Tradition of representative self-governments – town meetings, etc.

Pilgrims had the Mayflower Compact Mass had the Gen. Court

Virginia had the House of Burgesses of 1619

Pennsylvania- Frame of Government Connecticut – the Fundamental Orders

Rhode Island founded by Roger Williams on principle of ______

Many states had their own Bill of Rights and written constitutions

  1. Recalling their own bitter colonial experiences {esp. just prior to the Rev. War}

They wrote in items in the Constitution to prevent those abuses from happening again

  1. The Enlightened Thinkers were studied too!

Locke: Two Treatises of Government… Natural Rights, Social Contract, Tyranny?

Both Hobbes and Locke believed in a “Social Contract”

Hobbes affirming the rights of “just and good” kings while Locke argued against tyrants

Montesquieu: “The Spirit of the Laws” explains the purpose of laws and how there is a need for a dividing of government responsibilities into…

3 Branches or Separation of the Powers of Government

Legislative – makes the laws

Executive – executes or enforces the laws

Judicial – interprets the laws

Also known as the idea of Checks and Balances of powers

Did the Founding Father borrow from the Native Americans? Perhaps?

**Iroquois League of Nations a.k.a. Iroquois Confederation

The idea of a “confederation” was not known to Europeans and…

We know Franklin and others studied how the confederation worked…and there are striking similarities between the two types of governments!

Iroquois leaders advised the Founders to try a system similar to their own

Each tribe had elected representatives {Sachems} who met in the Great Council

Great Council made decisions on behalf of the 5 tribes

See

For good or bad, Gouveneur Morris is credited for most of the wording in the

U.S. Constitution.

How do Montesquieu’s 3 Branches of Government work together in making a law?

Also referred to Checks and Balances of Powers of the Government

Or

Separation of Powers of Government

Commit this to memory for the quiz!

Legislative Branch Executive Branch Judicial Branch

Consists of: Congress
1. House of Representatives
2. Senate
Role: 1. Propose/draft and pass bills
2. Override veto w. heavy majority / Consists of: President {Chief Executive}
Role: 1. Approve and pass bill- pass into law
2. Execute or enforce the law
3. Veto/reject the bill / Consists of: Supreme Court and all
inferior courts
Role: 1. Interpret the laws
2. If challenged, review laws and
judge if constitutional or not
3. If unconstitutional, strike law
down