Developing the Constitution - AWS
Developing the Constitution California Content Standard 8.2.3
By the end of the lesson, I will be able to evaluate the major debates that occurred during the development of the Constitution and their ultimate resolutions in such areas as shared power among institutions, divided state-federal-power, slavery, the rights of individuals and states (later addressed by the addition of the Bill of Rights), and the status of American Indian nations under the commerce clause. As evidenced by… Taking notes and a quiz.
Major Debates
What were some of the weaknesses of the Articles of Confederation?
• Some members of the Constitutional Convention wanted only small changes to the Articles of Confederation • Others wanted to rewrite the Articles completely • Most of the delegates at the Constitutional Convention wanted a strong national government • Most delegates wanted to protect the idea that political authority belongs to the people. Use the Textbook 1 resource to see why there was a Constitutional Convention, and what it was.
Federalism • Delegates wanted to balance the power of the national government with the powers of the states. • Federalism – sharing power between a central government BIG QUESTION: and the states that make up a nation Should a strong national government be able to tell a state what to do?!? **The Constitution is written to answer this question.** -This is still one of the biggest issues in our politics today. If a state wants to do their thing, when and how can the rest of the country say, "no"? -Constitution tries to explain (and limit) what the Federal (national) government can control.
States have control over…
THIS MEANS: -If the Constitution doesn't specifically give the right to the Federal (national) government, then the states have the right.
• The drafted Constitution gives states control over all government functions not specifically assigned to the federal government • • • •
Control of local government Control of education Power to create and oversee civil and criminal law Protect the welfare of their citizens
In some ways, though, the Federal government has a say in these too.
Dividing State and Federal Power • Delegates from Virginia wanted a legislature with two chambers made up of representatives chosen on the basis of population. More people = • Virginia was a large state
more power
• Delegates from New Jersey called for a single chamber in which each state would have an equal number of votes. • New Jersey was a small state
Population doesn't matter = all states have equal power.
• Legislative Branch was developed • Senate – Every state has two delegates (equal number of votes) • House of Representatives – Based on population Today: CA has 53, WY has 1 Senate: Small states have equal power. House: Bigger states have more power.
All laws must be approved by both.
Why both? -If big states had all the power, they could pass laws to hurt smaller states. -If population didn't matter, then smaller states could team up to out-vote the bigger states.
Issues regarding Slavery • Southern states wanted slaves to be counted as part of their state populations • It would give them more representatives, and thus more power in Congress
• Northerners disagreed. They wanted the number of slaves to determine taxes, but not representation. • Three-fifths compromise - Three-fifths of the slaves were included as part of that state’s population. TAKE NOTE: -Slaveholding states now had reason to increase their number of slaves. -The Constitution was written to ACCEPT SLAVERY as a part of American government. -The Constitution was amended in 1865 to finally end this.
The whole issue was about state power - there was not discussion about whether slavery should exist or be ended.
Issues regarding Slavery
Foreign slave trade = slave states could keep increasing power by bringing in more slaves.
• Some delegates wanted to ban foreign slave trade completely. • Many southern delegates threatened to leave the Union if the Constitution immediately ended the slave trade. • Compromise • Northern delegates agreed to stop asking that the slave trade be banned • Southern delegates agreed to stop requiring a two-thirds majority vote for laws to be passed in Congress. • The words slavery and slave were left out of the Constitution.
Commerce Clause •
Article 1, Section 8
•
Says Congress (Federal legislature) has the power, “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.”
•
This means that Congress controls TRADE and BUSINESS REGULATION in these situations: With foreign nations Individual states can’t make their own trade deals or charge tariffs (trade taxes) with other countries.
“Among the Several States”: Between the states If there is trade between states, the Federal government has power to make laws.
With Native American Tribes This is why, for example, casinos are illegal in California, but legal on Native American lands in California.
By the end of the lesson, I will be able to evaluate the major debates that occurred during the development of the Constitution and their ultimate resolutions in such areas as shared power among institutions, divided state-federal-power, slavery, the rights of individuals and states (later addressed by the addition of the Bill of Rights), and the status of American Indian nations under the commerce clause. As evidenced by… Taking notes and a quiz.
Major Debates
What were some of the weaknesses of the Articles of Confederation?
• Some members of the Constitutional Convention wanted only small changes to the Articles of Confederation • Others wanted to rewrite the Articles completely • Most of the delegates at the Constitutional Convention wanted a strong national government • Most delegates wanted to protect the idea that political authority belongs to the people. Use the Textbook 1 resource to see why there was a Constitutional Convention, and what it was.
Federalism • Delegates wanted to balance the power of the national government with the powers of the states. • Federalism – sharing power between a central government BIG QUESTION: and the states that make up a nation Should a strong national government be able to tell a state what to do?!? **The Constitution is written to answer this question.** -This is still one of the biggest issues in our politics today. If a state wants to do their thing, when and how can the rest of the country say, "no"? -Constitution tries to explain (and limit) what the Federal (national) government can control.
States have control over…
THIS MEANS: -If the Constitution doesn't specifically give the right to the Federal (national) government, then the states have the right.
• The drafted Constitution gives states control over all government functions not specifically assigned to the federal government • • • •
Control of local government Control of education Power to create and oversee civil and criminal law Protect the welfare of their citizens
In some ways, though, the Federal government has a say in these too.
Dividing State and Federal Power • Delegates from Virginia wanted a legislature with two chambers made up of representatives chosen on the basis of population. More people = • Virginia was a large state
more power
• Delegates from New Jersey called for a single chamber in which each state would have an equal number of votes. • New Jersey was a small state
Population doesn't matter = all states have equal power.
• Legislative Branch was developed • Senate – Every state has two delegates (equal number of votes) • House of Representatives – Based on population Today: CA has 53, WY has 1 Senate: Small states have equal power. House: Bigger states have more power.
All laws must be approved by both.
Why both? -If big states had all the power, they could pass laws to hurt smaller states. -If population didn't matter, then smaller states could team up to out-vote the bigger states.
Issues regarding Slavery • Southern states wanted slaves to be counted as part of their state populations • It would give them more representatives, and thus more power in Congress
• Northerners disagreed. They wanted the number of slaves to determine taxes, but not representation. • Three-fifths compromise - Three-fifths of the slaves were included as part of that state’s population. TAKE NOTE: -Slaveholding states now had reason to increase their number of slaves. -The Constitution was written to ACCEPT SLAVERY as a part of American government. -The Constitution was amended in 1865 to finally end this.
The whole issue was about state power - there was not discussion about whether slavery should exist or be ended.
Issues regarding Slavery
Foreign slave trade = slave states could keep increasing power by bringing in more slaves.
• Some delegates wanted to ban foreign slave trade completely. • Many southern delegates threatened to leave the Union if the Constitution immediately ended the slave trade. • Compromise • Northern delegates agreed to stop asking that the slave trade be banned • Southern delegates agreed to stop requiring a two-thirds majority vote for laws to be passed in Congress. • The words slavery and slave were left out of the Constitution.
Commerce Clause •
Article 1, Section 8
•
Says Congress (Federal legislature) has the power, “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.”
•
This means that Congress controls TRADE and BUSINESS REGULATION in these situations: With foreign nations Individual states can’t make their own trade deals or charge tariffs (trade taxes) with other countries.
“Among the Several States”: Between the states If there is trade between states, the Federal government has power to make laws.
With Native American Tribes This is why, for example, casinos are illegal in California, but legal on Native American lands in California.
