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Constitution Notes

The Weaknesses of the Articles of Confederation
The period between the end of the American Revolution and the Constitutional
Convention is sometimes referred to as the "Critical Period." The survival of
the United States was in question in large part because the government created
by the Articles of Confederation was very weak.

The Articles of Confederation were written during the American Revolution and
reflected Americans' fear of a powerful national government. As a result, it
created a government without an executive branch or judiciary and a government
that lacked the power to tax, regulate commerce, or establish one national
currency. The government could make war, and sign treaties. The individual
states had more power under the Articles than the national government. As a
result there were conflicts between the states that threatened the existence
of the nation.
The political weakness of the United States and its potential for collapse
left it vulnerable to attack by foreign countries and convinced many
influential Americans to support the Constitutional Convention. Political
leaders were further motivated by Shays' Rebellion, which they felt set a
precedent for mob rule.
The Northwest Ordinance was one thing that the government under the Articles
of Confederation did accomplish. It set up a way to add new states and
territories to the country. It would latter be included in the Constitution
as the way new territories and states could come into the union. It
encouraged the settlement of the land north of the Ohio River.

Some Important Delegates to the Constitutional Convention
__James Madison-Father of the Constitution
__Alexander Hamilton-wrote the Federalist Papers in support
__John Jay
__George Washington-President of the Constitutional Convention
__Benjamin Franklin-Oldest member of the convention

The Major Debates and Compromises of the
Constitutional Convention, Discuss the Struggle for Ratification, and
Identify the Significance of the Bill of Rights
The Constitutional Convention convened in Philadelphia at Independence Hall in
May of 1787.

Though the strengths of the Constitution seem obvious today,
at the time it seemed unlikely that the convention would be able to produce a
document the delegates could agree on, much less one the states would approve.

One of the problems faced by the delegates to the Constitutional Convention
was how representation would be determined. Would it be equal for all states
or on the basis of population. The states with large populations supported the
Virginia Plan that proposed the creation of a legislative branch in which
representatives were assigned to a state based on its population. The states
with smaller populations supported the New Jersey plan that proposed the
creation of a legislative branch in which the states were equally represented.
Another difficulty faced by the Convention delegates was how to deal with the
issue of slavery. Though slavery existed in all the states, the Southern and
Chesapeake Bay States were dependent on slave labor because their economies
were based on the production of cash crops.

Many Northern states were moving toward abolishing slavery within their
states. The issues of representation and slavery posed serious threats to the
success of the Convention. The serious differences between the states became
apparent during the Constitutional Convention and required delegates on both
sides to compromise in order to produce the Constitution.

The Great Compromise or Connecticut Compromise
This compromise saved the Constitution by settling the dispute between states
with large populations and states with smaller populations over representation
in Congress. The compromise combined elements of the Virginia and New Jersey
plans and called for the creation of a two-chambered (bicameral) congress with
representation in one house based on population and equal representation in
the other.

The Three-fifths Compromise
When it became clear that states with large populations would have more
representatives in the new government, states with large slave populations
demanded to be allowed to count their slaves as a part of their population.
Northern states resisted. Both sides compromised by allowing the states to
count three-fifths of their slaves toward their population total.

The Slave Trade Compromise and the Fugitive Slave Clause
To protect the institution of slavery from abolition, states with large
numbers of slaves demanded that the new government allow for the continuation
of the slave trade for twenty years and that Northern states return runaway
slaves to their owners.
These compromises saved the Convention and the Constitution but postponed the
resolution of the slavery issue until the Civil War.

Despite the fact that most delegates to the Constitutional Convention believed
that the government of the Articles of Confederation had to be replaced, many
still feared strong central governments. To reassure people that the new
government would not be too powerful, the framers of the Constitution created
a government of limited and divided powers. The rights guaranteed to U.S.
citizens by the Constitution limited the power of the government.

Powers were divided in two ways within the new government. First, power was
divided between state and national governments (federalism). Second, power was
divided
between the legislative, executive, and judicial branches.
To further safeguard against an abuse of power, the Constitution gave each
branch of government a way to check and balance the power of the other
branches. An example of these checks and balances would be the President's
power to veto laws passed by Congress. The Elastic Clause or Necessary and
Proper clause enabled the government to do anything necessaary and proper for
carrying out their constitutional duties. This enabled the government to
expand what it was able to do over time without having to amend the
constitution. Only 27 Amendments have been made to the constitution over more
than two hundred years.

Writing the Constitution was just the first step in creating the new
government. Before the Constitution could take effect, the states had to
accept or ratify it. As soon as thecontents of the Constitution were
published, a group of influential people spoke outagainst it. These people
came to be known as the Anti-Federalists. They believed thatthe government
created by the Constitution would be too powerful and would eliminatethe power
of the States. They also pointed out that the Constitution did not contain a
billof rights and, therefore, was a threat to the rights of citizens.

To counter these claims, James Madison, Alexander Hamilton, and John Jay wrote
a series of articles in support of ratification of the Constitution that
explained the intent behind the major provisions of the Constitution. These
articles are known as The Federalist papers and the supporters of the
Constitution were known as the Federalists. To overcome the Anti-Federalist
argument that the Constitution failed to include a bill of rights,
JamesMadison created one that could be added to the Constitution after it was
ratified.The Federalist papers and the promise of a bill of rights, along with
the efforts of Federalists, convinced enough people to support the
Constitution. It was eventually ratified and became the basis for all law,
rights, and governmental power in the United States. The ninth state to
ratify the Constitution was New Hampshire. This made the Constitution law.

Summary of the Bill of Rights

The Bill of Rights contains the fundamental rights of U.S. Citizens.
1st Amendment- individual religious rights and protections as
well as the rights of free speech and the press

2nd Amendment- the right to keep and bear arms

3rd Amendment- protection from being forced to quarter troops
in your home

4th , 5th , 6th , 7th & 8th Amendments,
rights of the accused including protection- from searches without warrants,
self incrimination, double jeopardy, and the protection offered by a grand
jury, trial by jury, and protection from cruel and unusual punishment

9th & 10th Amendments- rights of citizens not specifically mentioned
and rights not given to the national government are reserved to the citizens
and the states

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