Chapter 8 – Creating a Federal Government
Section 1
I. Meeting in Philadelphia
- 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
- Eventually, 55 delegates from 12 states (Rhode Island refused to send any delegates) arrived by May 25th
- The delegates:
- Wealthy, white, land owning men
- Lawyers, merchants and traders, doctors, planters, college professors
- More than half held college degrees
- 46 served in state or colonial legislatures
- Roughly half served in the continental army
- Many owned slaves
- Notable delegates:
- George Washington
- James Madison
- George Mason
- Ben Franklin
- Alexander Hamilton
- William Patterson
- Main issue involved the ideas of a strong or weak national government
- Who should hold power the national government or the states
- Pitted the large states vs. the small states
- Other Issues:
- Economic interests and regulation of trade
- Counting slaves for population for representation vs. abolishing slavery altogether
- To create a new plan of government that would function better than the Articles of Confederation
Section 2
I. A New Plan of Government
- First order of business, elected George Washington as president of the convention
- Unanimous
- Held meetings in secret
- No reports would reach the public
- People could change their minds
- Little to no miscommunication or misunderstanding due to the press
- Goal was agreement NOT victory
d. Virginia Plan
- Formulated by James Madison
- Called for an executive and judicial branch
- Replaced the unicameral (one house) Congress with a bicameral (two house) Congress. Both members would be determined by state size/population
- Also, the national government could reject laws passed by state legislatures
- Large states liked this idea
- Strong central government idea
e. New Jersey Plan
- Formulated by William Patterson
- Called for an executive and judicial branch
- Kept the unicameral Congress with each state having one vote regardless of size
- Also, gave Congress the power to tax and regulate trade
- Small states like this idea
f. The Great Compromise/The Connecticut Compromise
- Compromise – the settlement of a dispute in which one side yields to some of its demands
- Called for a two house Congress
- One based upon state population
- House of Representatives
- Pleased large states
- One based upon equal representation
- Senate
- Each state would have 2 senators
- Both Houses had equal powers except for the power to originate money bills which the House has
Section 3
I. Hints of Future Controversy
- 3 Issues divided the delegates
- Power of the executive
- How to elect, who will elect and for how long
- Voters vs. the Electoral College
- People wouldn’t or couldn’t have that responsibility
- Electoral College – group of electors (representatives of the people) would be chosen by each state to meet and elect the president and vice-president
- Each state would decide how to choose electors
- Each state would have the same number of electors that they have senators and representatives
- Whoever got the highest number of votes became president and the next highest vote getter would be vice (This will change)
- Gave the president 2 key powers
- Veto – power to reject a bill or legislation from Congress
- The idea of checks and balances
- Right to nominate federal judges
- Slavery and economic differences
1. 3/5 Compromise
- Stated that when counting population for representation and taxation, all slaves would be counted as 3/5 of a person
- Congress would not interfere with the slave trade until 1808 and that runaway slaves would be returned when caught
- Protection of the rights of the citizens
- People insisted on some form of protection for natural or inherent rights
- To protect the states from abuses of power by the national government
Section 4
I. The Battle to Ratify the Constitution
- People began to notice that this new document provide little strength for individual rights
- Many suggestions for amendments, or changes, to the new Constitution
- 9 out of the 13 states, a majority, would have to ratify the Constitution for it to be valid
- 2 groups emerge
- Federalists – those who supported the Constitution
- Tended to be better educated and better prepared to bolster their arguments
- Controlled many of the newspapers
- 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
- John Jay, Alexander Hamilton and James Madison
- Pointed out the three separate branches of government
- Presented the idea of checks and balances, so that one branch of government would not become too powerful
- Showed how the states were able to keep many of their original responsibilities
- Pledged to submit a Bill of Rights to Congress as soon as the Constitution was ratified
- Anti-Federalists – those that opposed the Constitution without a bill of rights, feared a strong national government
- Said that they shouldn’t have re-written the plan of government
- Removed government too far from the people
- Nation was too large for the power to rest in the hands of a national government
- Ratifying the Constitution
- Delaware becomes the first state in 1787
- Rhode Island the last in 1790
- On June 8th, 1789, Congress was submitted 12 amendments that contained the Bill of Rights
- 10 were accepted
- Bill of Rights was ratified by 3/4 of the states by Dec. 15, 1791
Section 5
I. The Meaning of the Constitution
- The Constitution has only been amended 26 times, while thousands of amendments have been proposed
- Reflects the changes in social and economic sectors of American life
- Because it can change, it has survived for this many years
- 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
- A result of the constitution
- With the people sharing power, neither the states nor the national government can become too powerful
- Enumerated Powers – power given directly to the federal government
- Examples: coin money, conduct business with foreign nations, grant patents and copyrights, establish post offices, declare war, make treaties
- Implied Powers – given powers that are necessary and proper to carry out duties of the federal government, not listed in the constitution
- Examples – improving waterways, social security, the FCC, the SEC
- Reserved Powers – powers given directly to the state governments
- Examples – Setting up schools, public health and safety offices and services
- Concurrent Powers – powers shared between the federal and state governments
- Examples – power to raise taxes, build roads, set up courts
- Supremacy Clause – the power and laws of the federal government are more powerful than the states
- Separation of Powers – the division of power between the 3 branches of government (executive, legislative and judicial)
- Checks and Balances – Each branch is given enough power to check on the activities of the other two branches of government to balance power
- Legislative Branch
- Both houses must pass a bill before it can be signed into law by the President
- President can veto any bill
- Supreme Court can declare whether a law is constitutional or not – judicial review
- Executive Branch
- Congress can remove a President from office
- Impeach – formally accuse the President of wrongful conduct
- 2/3 vote from the Senate can remove the president
- Senate must approve of Presidential appointments
- Treaties must receive 2/3 vote of the Senate to be approved
- Congress can override a presidential veto with a 2/3 vote in both houses of Congress
- Congress controls taxation and spending
- Judicial Branch
- Congress can impeach and remove federal judges for wrongful conduct
- Senate has the power to approve or reject presidential appointments
- Congress can overturn Supreme Court decisions by proposing amendments to the constitution
- Congress decides the number of justices on the Court
- President can pardon, set free from punishment, those that have been found guilty of a crime
- Civil Liberties – the freedom of people to enjoy those rights guaranteed by law
- The Bill of Rights – first 10 amendments to the constitution
- Page 240
ii. Amending the Constitution
- Proposal – 2 ways
- 2/3 vote in both houses of Congress
- 2/3 of the states asking Congress for a Constitutional Convention
- Becoming an Amendment – 2 ways
- 3/4 of the state legislatures ratify the amendment
- 3/4 of state conventions voting on the amendment approve it