Lecture #11: The Constitution

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I. The Constitution

Lived under Constitution since 1788

Articles of Confederation

one-house body of delegates

each state had one vote

no president, no judiciary

couldn't collect taxes

*bad*

Shay's Rebellion

farmers rose up and closed the courts to prevent foreclosing on their farms

led by Daniel Shays

Articles of Confederation couldn't handle the situation

had to go

"A little rebellion now and then is a good thing. The tree of Liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

showed too much liberty among lower classes --> threaten private property

Annapolis 1786

aimed at better regulating international trade

didn't meet

Philadelphia 1787

completely scrapped Articles of Confederation and wrote the Constitution

all delegates agreed:

needed stronger national government

have executive, legislative, and judicial branches

be republican with representatives

II. Conflicts

Big states vs. small states

large states --> James Madison's Virginia Plan

2-house legislature with representation proportional to state's population

small states --> the New Jersey Plan

single legislative house with equal representation

The Great Compromise

brokered by Roger Sherman (Connecticut)

2 houses:

House of Representatives - proportional to state population - serve 2-year terms

Senate - 2 members from each state - 6-year terms with elections every 2 years

Who Counts?

slave-holding states wanted slaves to count towards population

even though slaves couldn't vote

Northern states with few slaves said slaves shouldn't count

they weren't "human"

3/5 Compromise

total number of white people + 3/5 population of "other persons" = total population

Fugitive Slave Clause

any escaped slave --> returned to master

Separation of Powers and Federalism

Three branches

executive

legislative

judiciary

each branch check the power of each other

takes care of enumerated powers

other powers left to states