Developing a Framework for Government:
From Confederation to Constitution
Unit Outline
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The Articles of Confederation: "A Firm League of
Friendship"
Divine, pages 166-71 and 175-76
What is a "republic"? Republicanism? Did the Articles of Confederation create a republic? Identifications:
Homework Questions:
2. In what sense did the Revolution unleash a desire among some for greater liberty and equality? Why? To what degree was the expansion of liberty and equality realized during this period? 3. Why might some have feared the expansion of liberty and equality? Discuss in terms of both white men and women and blacks. 4. What sort of relationship did the Articles of Confederation create between the central government and the state governments? What powers did the Articles of Confederation give to the central government? 5. In what ways did the Articles of Confederation limit the power of the central government? Under the Articles, what important powers did the central government lack? |
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The Articles of Confederation: “A Firm League of
Friendship?”
Divine, pages 176-183 and 184-5 (on Shays' Rebellion)
Why did some Americans come to believe that the Articles of Confederation needed to be replaced? Identifications:
Homework Questions:
2. What were the main provisions and the significance of the Land Ordinance of 1785? What were the main provisions and the significance of the Northwest Ordinance of 1787? 3. In what sense were the Land Ordinance of 1785 and the Northwest Ordinance designed to be democratic/egalitarian? 4. Why did Americans increasingly criticize the Articles of Confederation as too weak? Be sure to mention both economic and political concerns. 5. What is the significance of Shays' Rebellion for the drafting of the Constitution? 6. How does the traditional fear of tyranny make the Articles of Confederation a "weak" attempt to construct a national government? Whom does a weak central government help? Whom does it hurt? |
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The Constitutional Convention: The Spirit of Compromise
Divine, pages 183-190 (including tan pages)
Why did the framers of the Constitution believe that the Articles should be replaced? What compromises were necessary to produce agreement on the final document? Identifications:
Homework Questions:
2. What was Montesquieu's critique of representative government? How did James Madison respond to Montesquieu's critique? 3. Why were the proceedings of the Constitutional Convention kept secret? What might this indicate about the concerns of the framers. How has it impacted our search for the intent of the framers? 4. What was the Virginia plan? How did it reflect Virginia's desire and concerns? What was the New Jersey plan? How did it reflect New Jersey's desire and concerns? How did the Great Compromise settle the differences between the two plans? 5. Why was slavery a source of controversy at the convention? In what ways did pro and anti-slavery delegates reach compromise at the convention. 6. Why is the word slavery not used in the Constitution? What does this indicate about the way the framers viewed slavery? 7. How might the Preamble to the Constitution indicate that the Constitution is a response to the Articles of Confederation? |
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The Legislative Branch: "I'm Just a Bill, Sittin'
Here on Capitol Hill..."
Constitution, Preamble and Article I (Divine, pages A9-A11)
How does the structure of the legislative branch manifest a fear of democracy? Identifications:
Homework Questions:
2. What powers does the Constitution grant to Congress (in Article I, Section 8)? What powers does the Constitution deny to Congress? 3. What powers does the Constitution grant the states? What powers does it deny the states? 4. How does a bill (a proposed law) become a law? 5. How is the Constitution constructed to address de Tocqueville's fear of the "tyranny of the majority"? |
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The Executive Branch
Constitution, Article II (Divine, pages A11-A12)
What are the powers of the President according to the Constitution? How is the president chosen according to the Constitution? Why did the framers construct such a system for electing the president? Identifications:
Homework Questions:
2. What are the qualifications to be president? How long is the presidentís term? 3. What powers does the Constitution grant to the President? What powers does it grant to the Vice President? |
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The Judicial Branch and Articles IV Through VII of the Constitution
Constitution, Articles III-VII (A12-A14 in Divine)
What is the role of the Supreme Court according to the Constitution? What does the Supremacy Clause indicate about the relationship between the federal government and the states under the Constitution? Identifications:
Homework Questions:
2. According to the Constitution, what is the function of the Supreme Court? What types of cases are within the jurisdiction of the Supreme Court (what types of cases are they allowed to hear)? 3. What is the process of amending the Constitution? How is an amendment different from a law? 4. What impact does Article VI have on the balance of power between the federal government and the states? How is this different from the Articles of Confederation? |
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Principles of the Constitution: A Limited Government
Supplement: Madison, "Federalist #51"
How do checks and balances, federalism and separation of powers interact to limit the power the central government? Why did the framers create these mechanisms? Identifications:
Homework Questions:
2. What is Madison's concern regarding the rights of the "minority" in the U.S.? How does he predict that the nature and composition of the American republic will prevent the rights of the minority from being threatened? 3. How do the checks and balances draw upon the English constitutional tradition? How do they represent a transformation of this tradition? |
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Federalists and Anti-Federalists: The Battle Over
Ratification
Divine, pages 190-95
Why did the Anti-Federalists oppose the Constitution? Why did the Federalists prevail? In what sense were the Anti-Federalists more democratic than their Federalist opponents? Identifications:
Homework Questions:
2. What types of individuals tended to be Federalists? Anti-Federalists? 3. What strategies did Federalists use to gain ratification of the Constitution? 4. What arguments did anti-Federalists use against the Constitution? Why were they suspicious of the government it created? How did the Federalists respond to anti-Federalist critiques? |
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The Bill of Rights
Divine, page 194 (reread)
What liberties does the Bill of Rights protect? Whom does it protect? From what? Why was the Bill of Rights not originally included in the Constitution? Why is it so revered today? Identifications:
Homework Questions:
2. Why did the framers of the Constitution initially oppose a bill of rights? Why was one added? 3. Research an assigned amendment:
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The Constitution and the Problem of Factions:
Madison's Republican Vision
Supplement: Madison, "Federalist #10"
Why does Madison question the practicality of a pure democracy? Why does he support republican government? What does this suggest about the way the framers of the Constitution viewed democracy? Identifications:
Homework Questions:
2. What is a faction? What are the possible "mischiefs" of factions? What are the two possible remedies for the causes of factions and why is each impracticable? 3. Why does Madison say that a "pure democracy" can "admit of no cure for the mischief of faction"? What does he propose that a republican form of government does propose such a cure? 4. What does Madison see as the advantages of a republic? Why are extensive republics more favorable to guarding the common good? 5. In sum, how much faith does Madison seem to have in human nature? Does he seem to be targeting any particular group of people as "wicked"? 6. How democratic did Madison intend the Constitution to be? |
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A Constitution for Whom?
Supplement: DBQ: The Constitution, A Democratic
Document?
Bring Divine text to class How democratic were the framers of the Constitution?
Identifications:
Homework Questions:
2. How might Charles Beard interpret the significance of Shays' Rebellion using his economic analysis? According to Beard, what is the class basis of the Constitution? 3. You have read three interpretations of the Constitution, the economic (Beard), egalitarian (Commager), and sectional (Lynd). Which one, or what combination do support? |
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Test on Unit Three |