Drafting the Constitution, Study notes of History

Download Drafting the Constitution and more Study notes History in PDF only on Docsity! 142 Creating the Constitution Step-by-Step InstructionSE CT IO N S E C T IO N WITNESS HISTORY AUDIO Drafting the Constitution Objectives • Understand the reasons leaders called for the Constitutional Convention. • Summarize the rival plans of government proposed at the convention. • Describe the compromises made in order to reach agreement on the Constitution. Terms and People Alexander Hamilton James Madison Virginia Plan New Jersey Plan Great Compromise federalism Three-Fifths Compromise Reading Skill: Identify Supporting Details In a concept web like the one below, write details about each plan or compromise that led to the creation of the United States Constitution. Why It Matters After Shays’ Rebellion, many Americans agreed that they needed a stronger federal government to preserve the Union. The Congress called for a convention to meet in Philadelphia in 1787 “for the sole and express purpose of revising the Articles of Confed- eration.” Instead of revising the Articles of Confederation, however, the delegates created an entirely new constitution that replaced the confederation of the national Union. Section Focus Question: What new system of national government did the delegates agree upon at the Constitutional Convention of 1787?
Inkstand and quill pen The Father of the Constitution James Madison, often referred to as the Father of the Constitution, took detailed notes at the Constitutional Convention. After his death, his notes were published as The Debates in the Federal Convention of 1787. In the Preface, Madison describes the pressure on the delegates: “At the date of the Convention, the aspect & retro- spect of the pol[itical] condition of the U.S. could not but fill the pub[lic] mind with a gloom which was relieved only by a hope that so select a Body would devise an adequate remedy for the existing and prospective evils so impressively demanding it.” —James Madison, Preface to The Debates in the Federal Convention of 1787  James Madison Proposals for Government Plans Compromises The Constitutional Convention By 1787, most Americans agreed that the Articles of Confederation were flawed and needed at least two major changes. First, almost everyone wanted Congress to have the power to regulate interstate and international commerce. Second, most Americans also supported granting Congress the power to tax the people. To draft proposed amendments to the Articles, 12 of the 13 states sent delegates to a special convention in Philadelphia in May 1787. (Rhode Island declined to participate.) Once done, the delegates were supposed to submit the proposed amendments to ratification by the 13 state legislatures. The convention, then known as the Federal Convention, was slated to begin on May 14. However, only the delegates from Pennsylvania and Virginia made it there on time. More than a week would pass before there were enough delegates to begin the convention. Objectives As you teach this section, keep students focused on the following objectives to help them answer the Section Focus Question and master core content. • Understand the reasons leaders called for the Constitutional Convention. • Summarize the rival plans of government proposed at the convention. • Describe the compromises made in order to reach agreement on the Constitution. Prepare to Read Background Knowledge Ask students to describe the structure of the federal government today. Tell them that the Constitution established the three branches of the federal gov- ernment and the powers of each branch. Set a Purpose
WITNESS HISTORY Read the selec- tion aloud, or play the audio. Witness History Audio CD, The Father of the Constitution Ask Why did Madison say that the nation’s political condition was gloomy? (The national govern- ment under the Articles of Confedera- tion was not working.)
Focus Point out the Section Focus Question and write it on the board. Tell students to refer to this ques- tion as they read. (Answer appears with Section 2 Assessment answers.)
Preview Have students preview the Section Objectives and the list of Terms and People.
Reading Skill Have students use the Reading Strategy: Identify Sup- porting Details worksheet. Teaching Resources, p. 11
Have students use the Guided Questioning strategy (TE, p. T20) to read this section. As they read, have students fill in the concept web with details about each plan or compromise that led to the creation of the Constitution. Reading and Note Taking Study Guide Use the information below and the following resource to teach students the high-use word from this section. Teaching Resources, Vocabulary Builder, p. 10 High-Use Word Definition and Sample Sentence subsequent adj. following; coming after The Declaration of Independence was signed in 1776, and the Articles of Confederation were drafted in the subsequent year. L3 L3 0142_hsus_te_ch05_na_s02_su.fm Page 142 Wednesday, April 18, 2007 8:32 AM Chapter 5 Section 2 143 The Convention Begins The Federal Convention opened in the Pennsylvania State House, now known as Independence Hall, on May 25, when 29 delegates had finally arrived. Other delegates continued to arrive during the subsequent weeks and months. The proceedings of the convention were shrouded in secrecy so the delegates could speak freely. Because of this, the windows of the hall were often closed for privacy. It was an especially hot summer in 1787 so the delegates were frequently uncomfortable in their closed-off space. Although Thomas Jefferson and John Adams were away in Europe serving as diplomats, the convention included most of the other leading statesmen of the day. Several leaders emerged, including Alexander Hamilton of New York and James Madison of Virginia. The eldest delegate was Benjamin Franklin of Pennsylvania, who added great prestige to the proceedings. Other leaders in attendance were Roger Sherman, Gouverneur Morris, James Wilson, Elbridge Gerry, William Paterson, John Dickinson, Charles Pinckney, Edmund Randolph, and George Mason. These delegates were not typical Americans. They were all white males, many were wealthy, and more than half of them were lawyers. Many of the delegates had helped to write their state constitutions, and seven had been state governors. Twenty-one had fought in the American Revolution, and eight had signed the Declaration of Independence. After reading the names of those in attendance, Jefferson remarked that it was “an assembly of demi-gods.” The delegates unanimously elected George Washington as the pres- ident of the convention. Hamilton and Madison The convention’s leading thinkers were Alexander Hamilton and James Madi- son. Bold in action, Alexander Hamilton was very conservative in principles. Disliking democracy, he praised the British constitution, including its king and House of Lords, as “the best model the world has ever produced.” He insisted that a balanced govern- ment should have elements of aristocracy and monar- chy as well as of republicanism. Hamilton believed that such a government would have real power to command its citizens and impress foreign empires. Gouverneur Morris of Pennsylvania also advocated a strong central government at the Convention. Morris thought the President should hold office for life. James Madison showed his eagerness to partici- pate in the convention by arriving in Philadelphia 11 days early. He had also sent a letter to George Washington in April outlining his thoughts about what should be debated at the convention. Madison had concluded that only a strong nation could rescue the states from their own democratic excesses. Although a critic of democracy, Madison favored republicanism rather than a constitution modeled after the British system. His challenge was to design a government that was both strong and republican. Rejecting the old notion that a republic needed to be small and homogeneous, he insisted that a large republic with diverse interests would best preserve the common good. He reasoned that the numerous The Pennsylvania State House Today, visitors can tour Independence Hall in Philadelphia, where the delegates met in 1787. Vocabulary Builder subsequent–(SUHB sih kwehnt) adj. following; coming after Teach The Constitutional Convention Instruct
Introduce: Vocabulary Builder Have students locate the vocabulary term subsequent and its definition. Note that seq comes from a Latin word meaning “to follow.” Tell stu- dents that the nation’s first plan for government, the Articles of Confed- eration, lasted only seven years, but that a subsequent plan, the Constitution, has endured to the present day.
Teach Have students discuss the reasons that a convention was called in Philadelphia in 1787 and identify those who attended it. Ask What was the purpose of the special convention in Philadelphia in 1787? (to make changes in the Arti- cles of Confederation) Why do you suppose Rhode Island did not send any delegates? (Possible response: The state’s legislature did not think changes in the Articles were necessary.)
Quick Activity With students’ help, create a two-column chart that lists Alexander Hamilton’s ideas about gov- ernment in one column and James Madison’s ideas in the other. Prompt students to use the chart to compare and contrast the views of the two statesmen. Independent Practice Have students suppose they are present at the Constitutional Convention and tell them to write a letter home about some of the delegates there. Students should include profiles of delegates based on the information in the text, but need not discuss any specifics of the debates. Monitor Progress As students fill in their concept webs, circulate to make sure that they under- stand the details of each plan or com- promise. For a completed version of the concept web, see Note Taking Transparencies, B-32. Independence Hall Independence Hall in Philadel- phia, Pennsylvania, has served as a backdrop for some of the most important events in early American history. Built during 1732–1756 as Pennsylvania’s state house, the hall served as the meeting place of the Second Continental Congress from 1775 to 1783. George Washington took command of the Continental Army there in 1775. The Declaration of Independence was adopted there on July 4, 1776, and the design of the American flag was finalized there in 1777. The ill-fated Articles of Confederation were adopted in the hall in 1781, and the Constitution was drafted there in 1787. After the state government moved to Lancaster in 1799, however, the building stood empty, and few had any interest in preserving it. A visit from Lafayette in 1824 and the nation’s cen- tennial festivities in 1876 changed that view. Today, the building is part of Independence National Historic Park in downtown Philadelphia and has been restored to its late eighteenth-century condition. The hall is popular with visitors from all over the United States and the world. L3 hsus_te_ch05_na_s02_s.fm Page 143 Tuesday, May 8, 2007 10:49 AM 146 Creating the Constitution Settling Differences Through Compromise Instruct
Introduce: Key Term Ask stu- dents to find the key term federal- ism (in bold) in the text. Point out that the Virginia Plan and the New Jersey Plan reflected different views of federal power and states’ rights and that the Great Compromise helped support the system of federalism.
Teach Examine the chart, explaining the compromise that enabled the dele- gates to move forward with a new plan for government. Ask What parts of the Virginia Plan and the New Jersey Plan did the Great Com- promise bring together? (It com- bined the New Jersey Plan’s proposal of equal representation for all states with the Virginia Plan’s proposal of a bicameral legislature by making the members of the Senate equal in num- ber for each state and the members of the House of Representatives depen- dent on population.) Remind students that although southern states wanted slaves counted for the purposes of representation, they did not want enslaved people to have the right to vote. Ask What advantage did the Three-Fifths Compromise give southern states over northern states? (It gave southern states more seats in Congress by allowing each slave to be counted as three-fifths of a person in determining representation.) Answers Caption Small states wanted equal repre- sentation with large states in the legislature. The Virginia Plan divided power among three branches—legislative, executive, and judicial. The plan had proposed a bicameral legislature in which states with larger populations would have more seats than states with fewer resi- dents. The legislature would have the power to veto state laws. A strong Pres- ident would head the executive branch. The New Jersey Plan proposed a uni- cameral legislature in which all states had equal representation. An executive committee would head the government, not a President. The New Jersey plan recognized the states’ sovereignty. A Close Compromise The Great Compromise might also have been called the Close Compromise. The Con- stitution likely could not have come into being without the concessions that resulted in a Senate with equal rep- resentation and a House of Representatives with repre- sentation based on population, but the compromise was a close call. It was adopted on July 16, 1787, by a margin of one vote. Who voted for the compromise, and who did not, remains a mystery. Despite the importance of the convention, voting records were not kept, in the interests of preserving the secrecy of the proceedings and the delegates’ privacy. The delegates were forbidden to discuss the conven- tion or the debates with family, friends, and especially the press. This secrecy ensured that the delegates would be able to speak freely without fear of reproach from their constituents and to change their opinions without seeming inconsistent. One morning, George Washington received a copy of the Virginia Plan that a delegate had found on the floor outside of the meeting room. At the end of that day’s debating, Washington reprimanded the delegates, tossed the paper onto a table, and left. None of the delegates ever claimed the lost paper. L3 plan gave Congress the powers to regulate commerce and to tax, but it kept the three chief principles of the Articles of Confederation. First, it retained a unicam- eral legislature representing the states as equals, no matter how large or small. Second, it preserved an executive committee rather than adopting a singular President. Third, the states remained sovereign except for those few powers spe- cifically granted to the national government. Under the New Jersey Plan, the United States would remain a loose confederation. What were the differences between the Virginia and New Jersey plans? Settling Differences Through Compromise Something had to be done in order to prevent the convention from ending in a stalemate. The delegates were far from a unanimous decision concerning the structure of the new government, and without the compromises laid out below, they may never have reached an agreement. The Great Compromise Led by Roger Sherman of Connecticut, the dele- gates reached a compromise between the Virginia and the New Jersey plans, known as the Connecticut Compromise, or the Great Compromise. John Dickinson Virginia Plan New Jersey Plan The Great Compromise Executive Branch Powerful President Legislative Branch Senate House of Representatives • Number of representatives and Senators based on a state’s population • Power to veto state laws Judiciary Federal Courts Legislative Branch Unicameral Legislature • Representation equal for all states regardless of a state’s population • No power to veto state laws Executive Committee Executive Branch Powerful President Legislative Branch House of Representatives Senate • Number of representatives based on a state’s population • Senate representation equal for all states regardless of a state’s population Judiciary Federal Courts Compromise Leads to a Plan of Government United States Constitution Diagram Skill The Great Compromise, calling for representa- tion based on a state’s population in the House and equal representation in the Senate, was critical to resolving the debate between the small states and the large states. As the diagram shows, the Constitution reflects characteristics of each plan because of the Great Compromise. What was the main concern of the small states before a compromise was reached? 0142_hsus_te_ch05_na_s02_su.fm Page 146 Wednesday, April 18, 2007 8:32 AM Chapter 5 Section 2 147
Quick Activity Ask students to examine the Decision Point feature. Ask What “change” does Henry consider dangerous? (the Consti- tution’s creation of a stronger national government) Whom does Hamilton consider dangerous? (those who oppose a national government in any form) Independent Practice
Tell students that the Constitution reflected ideas about government discussed by European philosophers such as John Locke. Have students explore the influence of Locke’s ideas on the Constitution by com- pleting the Primary Source: Two Treatises of Government and the Constitution worksheet. Teaching Resources, p. 21
To clarify the opposition to the Constitution, display the Color Transparency: Dissenters to the Constitution, and have students dis- cuss the debates that might arise when the states are asked to ratify the Constitution. Color Transparencies A-19 Monitor Progress As students complete their worksheets, circulate to make sure that they are answering the questions correctly. Answers You Decide 1. Henry was concerned that a strong national government might take away people’s rights. 2. Hamilton believed that a strong national government was needed. 3. Sample responses: I would have supported ratification because the Constitution outlined the best form of government proposed at the time. I would not have supported ratification because the document was too vague and personal liberties were not adequately protected. L1 Special Needs Students L2 English Language Learners L2 Less Proficient Readers Have students complete the Primary Source: Two Treatises of Government worksheet to understand how John Locke’s ideas about government influ- enced the writing of the Constitution. Also, use shared reading to help students read the Primary Source excerpt from Locke’s writings that follows this section. First, read aloud the opening paragraph of the excerpt. As you read, model how to summarize the meaning of each section. For example, after you read aloud the first sentence, think aloud: When people join a society, they hand over certain powers to that society. Provide an example: When students enter school, they hand over certain issues, such as decisions about how they may dress, to others. Next, have students read the entire excerpt silently. Then, have students work in groups to explain the meaning of each few sentences. Then, ask discussion ques- tions such as What ideas from this document are reflected in the Constitution? Teaching Resources, p. 20 of Delaware played a key role in creating this compromise, which made a concession to the small states: The Senate would equally represent every state, regardless of size, by allowing two senators per state. In keeping with the Vir- ginia Plan, the House of Representatives would represent population, granting more power to the larger states. Federal Power and States’ Rights In another concession, Madison aban- doned his cherished national veto over state laws. Instead, the compromise sim- ply forbade the states from enacting the sorts of laws that offended many during the 1780s. For instance, the states could no longer issue their own money or pro- vide debtor relief at creditors’ expense. By compromising between Madison’s plan and the New Jersey Plan, the delegates supported a system known as federalism that divided government power between the federal government and state governments. Slavery and the Three-Fifths Compromise During the debates over the Constitution, the delegates discovered that their greatest division pitted the southern against the northern delegates. The southerners feared future domi- nation by the northern states, which had more free people. They worried that northern domination would threaten the slave system, which they viewed as essential to the southern economy and society. The delegates from South Caro- lina and Georgia threatened to walk out unless provided constitutional protec- tion for slavery. The subject tore at Madison. On the one hand, he wanted a powerful nation, and he despised slavery as “the most oppressive dominion ever exercised by man over man.” On the other hand, he owned slaves, and he knew that southern Should Delegates to the Constitutional Convention Ratify the Constitution? Delegates at the Constitutional Convention in 1787 debated the pros and cons of the new Constitution. In the end, at least 9 of the 13 states had to ratify the document. Read the options below. Then, you decide. Alexander Hamilton Favors Ratifying the Constitution “The establishment of a Constitution, by the voluntary consent of a whole people, is a prodigy, to the completion of which I look forward. . . . I dread . . . the consequences of new attempts, because I know that powerful indi- viduals, in this and other states, are enemies to a general national government in every possible shape.” —Alexander Hamilton, The Federalist Papers Patrick Henry Opposes Ratifying the Constitution “I review . . . the subject . . . and . . . the dangers . . . in this new plan of government, and compare . . . my poor abilities to secure our rights, it will take much more time to traverse the objectionable parts of it. . . . [T]he change is dangerous . . . and the experiment ought not be made. . . .” —Patrick Henry, June 9, 1788 You Decide 1. Why did Henry oppose ratifying the Constitution? 2. Why did Hamilton favor ratifying the Constitution? 3. What decision would you have made? Why? 0142_hsus_te_ch05_na_s02_su.fm Page 147 Wednesday, April 18, 2007 8:32 AM 148 Creating the Constitution 2SECTION Assessment voters would reject a constitution that threatened slavery. So he assured his constituents in Virginia that the Constitution offered slavery “better security than any that now exists.” That security took three forms. First, the Constitution forbade Congress from blocking the importation of slaves for twenty years. Georgia and South Carolina would import another 100,000 slaves by 1808. Second, a compromise known as the Three-Fifths Compromise counted each slave as three fifths of a person to be added to a state’s free population in allocating representatives to the House of Representatives and electoral college votes. The three-fifths clause gave the southern states more seats in Congress and more power in presidential elec- tions than they would have enjoyed had only free people been counted—as the northern delegates preferred. Third, the Constitution committed all states to return fugitive slaves to their owners. In other words, running away to a free state did not free a slave. Northerners were required to help enforce the slave system as the price of union. Most state constitutions had adopted bills of rights to protect civil liberties from the power of government. But the federal delegates declined to include a bill of rights in their constitution. A South Carolina delegate, Charles C. Pinck- ney, explained, “such bills generally begin with declaring that all men are by nature born free.” Such a declaration would come “with a very bad grace when a large part of our property consists in men who are actually born slaves.” Unlike the Declaration of Independence, the Constitution did not proclaim that all men were born free and equal in their rights. On September 17, the Constitutional Convention concluded with 42 delegates still present. Many, including Madison, disliked the compromises, but Franklin appealed to all to unite in support of the “federal experiment.” Hamilton reluc- tantly accepted the Constitution as the only alternative to “anarchy and Con- vulsion.” In the end, 39 delegates signed the document, while three refused to sign out of protest. George Mason and Edmund Randolph of Virginia and Elbridge Gerry of Massachusetts considered the document to be flawed. Next came the greater challenge of winning approval from the states. What was the significance of the Three-Fifths Compromise? Progress Monitoring Online For: Self-test with vocabulary practice Web Code: nca-0504 Comprehension 1. Terms and People For each item listed below, write a sentence explaining its significance to the new Constitution. • Alexander Hamilton • James Madison • Virginia Plan • New Jersey Plan • Great Compromise • Three-Fifths Compromise 2. Reading Skill: Identify Supporting Details Use your completed concept web to answer the Section Focus Question: What new system of national government did the delegates agree upon at the Constitutional Convention of 1787? Writing About History 3. Quick Write: Combine Quotes and Visuals Based on the quote by Madison and the images of the delegates in this section, what can you conclude about the characters of the delegates? Write one or two paragraphs with your conclusion. Critical Thinking 4. Determine Relevance Why did leaders call for the Constitutional Convention? 5. Identify Alternatives In addition to the two proposed frameworks for a new constitution, what other plan might the delegates have considered? 6. Compare Points of View How did the Great Compromise satisfy both the small and the large states? Assess and Reteach Assess Progress
Have students complete the Section Assessment.
Administer the Section Quiz. Teaching Resources, p. 26
To further assess student under- standing, use Progress Monitoring Transparencies, 40. Reteach If students need more instruction, have them read the section summary. Reading and Note Taking Study Guide Adapted Reading and Note Taking Study Guide Spanish Reading and Note Taking Study Guide Extend See this chapter’s Professional Devel- opment pages for the Extend Online activity on creating the Constitution. Answer Under the compromise, a state could count a slave as three-fifths of a person; the increase in population resulted in additional seats in Congress and addi- tional electoral votes. This worked to the advantage of the southern states, giving them more power in presidential elec- tions. Section 2 Assessment 1. Sentences should reflect an understand- ing of each item or person listed. 2. The delegates agreed to adopt a system that divided power between the federal government and state governments; the federal government would have three branches: legislative, executive, and judi- cial. The legislative branch would be bicameral, with one house’s representa- tion based on a state’s population and the other house’s representation equal for all states. A strong President would head the executive branch, and federal courts would make up the judicial branch. 3. Students’ conclusions should demonstrate an understanding of the relatively privi- leged background and the shared experi- ences of the delegates, as well as the seriousness with which they approached the task of creating the Constitution. 4. because the Articles of Confederation were flawed and needed major changes 5. Responses will vary, but should reflect an understanding of the existing plans and present a reasonable alternative, such as a President with limited powers and a unicameral legislature with equal representation. 6. It included a bicameral legislature in which representation in one house was based on a state’s population, favoring large states, and representation in the other house was equal for all states, favoring small states. For additional assessment, have students access Progress Monitoring Online at Web Code nca-0504. L3 L3 L2 L2 L1 L4 0142_hsus_te_ch05_na_s02_su.fm Page 148 Wednesday, April 18, 2007 8:32 AM