Constitution



1.Read pages 98-103 in the text and create a chart showing the pros and cons of the Articles of Confederation. 2.Venn Diagram: Articles of Confederation Versus Constitution

3.Discuss with students the meaning of compromise and consensus and explain their significance to the Constitutional Convention. Explain that the Constitution is often referred to as “a bundle of compromises.” Identify the major compromises (Great Compromise, Three-fifths Compromise, Slave Trade Compromise) and have students read text pages 106-107 to identify the issue and solution for each compromise. (11.3.2)

4. Review the viewpoints of the Federalists and Anti-Federalists over the ratification of the Constitution and complete a data chart 5. Read the passages, determine whether the speaker was a Federalist or an anti-Federalist and underline the statement or statements which led them to draw that conclusion. You can use the chart as a template(11.3.4) **WIKI**
 * = **Name** ||= **Anti-Federalists or Federalists** ||= **Statement of Proof** ||
 * = **__James Wilson__** ||=  ||=   ||
 * = **__Edmund Pendleton__** ||=  ||=   ||
 * = **__Patrick Henry__** ||=  ||=   ||
 * = **__John Smilie__** ||=  ||=   ||

> **__James Wilson:__** The gentlemen tell you that they expect the States will not possess any power. but, I think there I reason to draw a different conclusion. Under this system their respectability and power will increase with that of the general government. I believe their happiness and security will increase in still greater proportion. > In order to keep republics together, they must have a strong binding force, which must be either external or internal. The situation of this country shows, that no foreign force can press us together; the bonds of our union ought therefore to be indissolubly strong. > It is meant that the general government will destroy the government of the States, I will admit that such a government would not suit the people…But that description does not apply to the system before you. This, instead of placing the state governments in jeopardy, is founded on their existence. On this principle, its organization depends; it must stand or fall, as the State governments are secured or ruined… > What is the interest of the whole, must, on the great scale, be the interest of every part. It will be the duty of the State, as of an individual, to sacrifice her own convenience to the general good. > If then they have unlimited power to drain the wealth of the people in every channel of taxation, the system must be too powerful for any single State, or even for a combination of the states, should an attempt be made to break and destroy the yoke of domination and tyranny which it will hereafter set up. The money which has been raised from the people, may be employed to keep them I a state of slavery. If, under such circumstances, the several States should presume to assert their un-delegated rights, I ask again what balance remains with them to counteract the misuse of power of so powerful a superior? > **__Edmund Pendleton:__** An objection is made to the form: the expression “We, the people” is thought improper. Permit me to ask the gentlemen who made this objection, who but the people can delegate powers? Who but the people have a right to form government? > If the objection be that the Union ought to be not of the people but of the state governments, then I think the choice of the former very happy and proper. What have the state governments to do with it? Were they to determine, that people would not, in that case, be the judges upon what terms it was adopted. > It is the interest of the federal government to preserve the state governments; upon the latter the existence of the former depends. The Senate derives its existence immediately from the state legislatures; and the representatives and the president are elected under their direction and control; they also preserve order among the citizens of their respective states, and without order and peace no society can possibly exist. When, therefore, the federal governments, I wonder how any gentleman could conceive an idea of a possibility of the former destroying the latter. > **__Patrick Henry:__** Here I would make this inquiry of those worthy characters that composed a part of the late Federal Convention…I have the highest regard for those gentlemen; but sir allow me to demand – What right had they to say, “We the people”?... Who authorized them to speak the language of “We, the people” Instead of “We, the states”? States are the characteristics and the soul of the confederation. If the states are not the agents of this agreement, it must be one great consolidated national government of the people of all the states. > It was expressly declared in our Confederation that every right was retained by the states, respectively, which was not given up to the government of the United States. But there is not such thing here. You, therefore, by a natural and unavoidable implication, give up your rights to the general government. > If you give up these powers, without a Bill of Rights, you will exhibit the most absurd thing to mankind that ever the world saw – > government that abandoned its powers of direct taxation, the sword, and the purse. You have disposed of the to congress, without a Bill of Rights – without check, limitation, or control.. > **__John Smilie:__** It is fair and reasonable to infer that is was contemplation of the framers of this system to absorb and abolish the efficient authority and independent powers of the several states in order to invigorate and enlarge the general government. Here we find the right of making laws for every purpose is invested in the future governors of America, and in this included the uncontrolled jurisdiction over the purses of the people. The national government may take from the people just what they please. > 6. Have students answer the following questions using the copy of the //Constitution// that begins on page 130. ( 11.3.5) **WIKI** Identify the Article, Section, and Clause of the Constitution that can be used to prove or disprove the following statements.
 * 1) Members of the House of Representatives must be at least thirty-five years old.
 * 2) Each state has one senator.
 * 3) If there is a tie vote in the Senate, the Vice President may vote.
 * 4) Impeachment trials are held in the House of Representatives.
 * 5) Congress has the power to borrow money.
 * 6) Congress has the power to declare war.
 * 7) Congress has the power to create courts.
 * 8) Congress may not appropriate funds for the military for more than two years.
 * 9) The President is elected by the Electoral College.
 * 10) Only natural-born citizens may hold the office of President.
 * 11) The President must appoint at least nine cabinet officers.
 * 12) Persons accused of breaking federal laws are entitled to a jury trial.
 * 13) Treason is the only crime defined in the Constitution.
 * 14) Amendments can be repealed.
 * 15) Constitutional amendments can be proposed by state legislatures.
 * 16) Senators have always been directly elected by the people.

7. Have students compare the //Virginia Declaration of Rights// with the //Bill of Rights of the U.S. Constitution and// complete a chart that illustrates the similarities and differences. (11.3.1, 11.3.5) **WIKI**