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
• 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.
Federalism
• Delegates wanted to balance the power of the national
government with the powers of the states.
• Federalism – sharing power between a central government
and the states that make up a nation
States have control over…
• The drafted Constitution gives states control over all
government functions not specifically assigned to the federal
government
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Control of local government
Control of education
Power to create and oversee civil and criminal law
Protect the welfare of their citizens
Dividing State and Federal Power
• Delegates from Virginia wanted a legislature with two
chambers made up of representatives chosen on the basis of
population.
• Virginia was a large state
• 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
• Legislative Branch was developed
• Senate – Every state has two delegates (equal number of votes)
• House of Representatives – Based on population
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.
Issues regarding Slavery
• 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
• The Commerce Clause gives Congress the power to “regulate
commerce with…the Indian Tribes.”
• This has been interpreted to mean that the states cannot tax or
interfere with business on Indian reservations, but the federal
government can
• It allows Native American groups to develop their own
governments and laws.
• These laws can be challenged in federal court.
• Reservation lands usually belong to the governments of Native
American groups, but they are administered by the U.S. government.