The Constitutional Convention and the ratification debate

Grade 12 Social Studies Worksheet - Challenge Me

Circle the best answer.

1. Read this first

   Use this

   Cards A to D on the Great Compromise and Article V (the excerpts are exact; card B is real data; card D is made up). Card A, "The vote of July 16, 1787". Who made it: James Madison, recording the Convention's debates. When: July 16, 1787. For whom: his own record, published later. Why: to record how the states voted on the report that gave each state an equal vote in the second branch. Excerpt: "On the question for agreeing to the whole Report as amended & including the equality of votes in the 2d. branch. it passed in the Affirmative. Mas. divided Mr. Gerry, Mr. Strong, ay. Mr. King Mr. Ghorum no. Cont. ay. N.J.ay. Pena.no. Del.ay. Md.ay. Va.no. N.C. ay. Mr. Spaight no. S.C.no. Geo.no." Note in our words: Rhode Island sent no delegates to the Convention. Card B, "The first census, 1790". Who made it: the U.S. Census Bureau, as tabulated in reference works. When: Census Day, August 2, 1790. For whom: the public. Why: to count the people of each state. Table, columns State | Population in 1790, with enslaved people counted: Virginia | 747,610; Pennsylvania | 434,373; North Carolina | 393,751; Massachusetts | 378,787; New York | 340,120; Maryland | 319,728; South Carolina | 249,073; Connecticut | 237,946; New Jersey | 184,139; New Hampshire | 141,885; Georgia | 82,548; Rhode Island | 68,825; Delaware | 59,094. Note: the count came three years after the vote. Card C, "The Constitution on Congress and amendments". Who made it: the Constitutional Convention. When: September 17, 1787. For whom: the states and the people. Why: to set the makeup of Congress and the way to amend. Excerpt 1 (Article I, Section 2, in part): "…until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three." Excerpt 2 (Article I, Section 3): "The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote." Excerpt 3 (Article V, in part): "The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, … which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, … Provided that … no State, without its Consent, shall be deprived of its equal Suffrage in the Senate." Card D, "A made-up amendment". Who made it: written for this sheet. Summary in our words, not a quotation: An amendment is proposed that would give each state a number of senators based on its population. Two thirds of both houses of Congress approve it, and the legislatures of 40 of the 50 states ratify it. The legislatures of the 10 smallest states vote no.

2. 1.

   Forty of 50 state legislatures ratify the amendment on card D, but the 10 smallest vote no. Tala applies card C. What follows?

   • It takes effect, since 40 of 50 is 80 percent, above the three fourths that Article V requires for an amendment to the Constitution
   • It cannot take effect against those ten, since no State may lose its equal Suffrage in the Senate without its consent
   • It fails everywhere, because the final clause bars any amendment that touches the Senate, even with consent
   • It takes effect after 1808, since the clause protecting the Senate was limited to the years before then
3. 2.

   A critic says Article V's last clause is unfair because it lets small states block change. Pia looks for the best reply from cards A and C. Which is it?

   • Small states have fewer people, so their consent should weigh less than the consent of large states in any change
   • Large states are protected the same way, since the House gives each state an equal share of its seats in the first Congress
   • The clause is from 1787, so the bargain it protects no longer matters to the fairness of the Senate today
   • The equal Senate vote was the price of the July 16 bargain, and without the clause three fourths could amend it away
4. 3.

   Claim: "The Great Compromise gave small states equal power in Congress." Bo tests it against card C. What is the best verdict?

   • Refuted: card A shows the large states voted no, so the compromise gave small states nothing at all
   • Supported in the House: Article I, Section 2 gave every state at least one Representative, an equal minimum
   • Too broad: only the Senate is equal; the first House gave Virginia 10 seats and Delaware 1
   • Supported: each state has two senators, and each senator has one vote, so power is equal across Congress

5. Use this

   Cards A to D on a bill of rights (the excerpts are exact; card D is made up). Card A, "The Federalist No. 84". Who made it: Alexander Hamilton, writing as Publius. When: 1788. For whom: the people of New York. Why: to answer the demand for a bill of rights. Excerpt 1: "I go further, and affirm that bills of rights, in the sense and to the extent in which they are contended for, are not only unnecessary in the proposed Constitution, but would even be dangerous. They would contain various exceptions to powers not granted; and, on this very account, would afford a colorable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do?" Excerpt 2: "What is the liberty of the press? Who can give it any definition which would not leave the utmost latitude for evasion?" Card B, "The Bill of Rights as proposed (1789)". Who made it: the First Congress. When: September 25, 1789. For whom: the legislatures of the states. Why: to answer the requests of the state conventions. Excerpt 1 (the opening): "THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added:" Excerpt 2 (the Ninth Amendment): "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Excerpt 3 (the First Amendment): "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." Card C, "The powers of Congress". Who made it: the Constitutional Convention. When: September 17, 1787. For whom: the states and the people. Why: to list the powers of Congress. Excerpt 1 (Article I, Section 8): "The Congress shall have Power … To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;" Excerpt 2 (Article I, Section 8): "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." Card D, "The Elden Act (made up)". Who made it: written for this sheet. Summary in our words, not a quotation: Congress passes a law, citing its power to regulate commerce among the States, that requires a license to print and sell newspapers and pamphlets across state lines. A printer says the law restricts the press. Congress says the law regulates trade.

6. 4.

   Hamilton fears a list of rights gives a pretext to claim powers (card A). Ren reads the Ninth Amendment on card B. Which statement is best supported?

   • The Ninth answers Hamilton in full, since it says the list of rights does not limit the other rights the people hold
   • The Ninth answers a different worry: that listed rights deny unlisted ones, not a pretext to claim power
   • The Ninth contradicts Hamilton, since he argued that rights should not be written down in any form
   • The two are unrelated, since Hamilton wrote in 1788 and the Ninth was proposed in 1789 without his advice
7. 5.

   Claim: "Hamilton was right that a written guarantee of press freedom would be useless." Zee tests it against excerpt 3 on card B and card A. What is the best verdict?

   • Untestable: Hamilton wrote about a Constitution that had no Bill of Rights, so his claim cannot be compared
   • Not shown: the First Amendment gives the press no definition, as Hamilton said, but the cards show no later results
   • Refuted: the amendment limits Congress, so Hamilton's fear of a pretext for power was removed by its words
   • Shown: the amendment leaves the press without a definition, so a guarantee without one is useless in practice
8. 6.

   Hamilton says no power is given to restrain the press, so a guarantee is pointless. Jun looks for the strongest reply in card B, excerpt 1. Which is it?

   • The conventions agreed with Hamilton, since a request for clauses shows they thought the powers were already limited
   • Congress had already added the rights to the text, since the opening says the clauses should be added
   • The opening names the Ninth Amendment, which settles Hamilton's argument without any further comparison
   • The conventions asked for clauses against "misconstruction or abuse" of powers, so they feared powers read broadly
9. 7.

   Card D: Congress cites its commerce power to license printers. Hamilton says no power to restrain the press is given. Luz reads cards A to C. Which statement is best supported?

   • His premise is open to question: a law framed as trade rules, under clauses 3 and 18, can reach printing
   • His premise cannot be tested, since the Elden Act is made up and Congress has passed no such law in fact
   • His premise holds: a license on printing is not trade among the States, so Congress has no power over it here
   • His premise fails because the First Amendment grants Congress the power to license printers in its own text

10. Use this

    Cards A to C on how the amendments became law (card A is real data; cards B and C are in our words from exact texts). Card A, "Ratification of Articles Three through Twelve, the Bill of Rights". Who made it: written for this sheet from the National Archives and standard histories. Table, columns Order | State | Date: 1 | New Jersey | November 20, 1789; 2 | Maryland | December 19, 1789; 3 | North Carolina | December 22, 1789; 4 | South Carolina | January 19, 1790; 5 | New Hampshire | January 25, 1790; 6 | Delaware | January 28, 1790; 7 | New York | February 24, 1790; 8 | Pennsylvania | March 10, 1790; 9 | Rhode Island | June 7, 1790; 10 | Vermont | November 3, 1791; 11 | Virginia | December 15, 1791. Massachusetts, Georgia and Connecticut ratified the same articles in 1939. Card B, "Article V on ratification". Same maker, date, readers and aim as the Constitution. Summary in our words, not a quotation: an amendment proposed by Congress becomes part of the Constitution when three fourths of the states ratify it. Card C, "The number of states". Who made it: written for this sheet from standard histories. Summary in our words, not a quotation: Rhode Island ratified the Constitution on May 29, 1790, which made 13 states. Vermont was admitted as the 14th state on March 4, 1791.

11. 8.

    In June 1790 nine states had ratified Articles Three through Twelve (card A). Esme applies cards B and C. Why were they not yet law?

    • Rhode Island ratified after the Constitution began, so its June 1790 vote did not count toward the total
    • Nine of 13 is about 69 percent, which is close enough to three fourths under Article V
    • Article V asked for unanimity until 1791, and Vermont's admission lowered that bar to three fourths
    • With 13 states, three fourths is 9.75, so 10 had to ratify; nine was one short
12. 9.

    Kira asks which ratification completed the amendments, using all three cards. Which statement is best supported?

    • Virginia's, on December 15, 1791: it was the eleventh of the 14 states needed, and Vermont's was the tenth
    • Rhode Island's, on June 7, 1790, the ninth, since nine states had approved the amendments by that date
    • Virginia's, but because Kentucky's admission in 1792 had already raised the number to twelve
    • Vermont's, on November 3, 1791, the tenth, since ten of the thirteen original states was enough to pass
13. 10.

    Claim: "The Bill of Rights did not bind Massachusetts, Georgia or Connecticut until their votes in 1939." Milo tests it against cards A and B. What is the best verdict?

    • Not supported: Article V made the articles part of the Constitution once three fourths ratified in 1791
    • Supported: the 1939 votes show those states had to ratify before the amendments could reach them
    • Supported: Article V gives each state its own consent, so a state is bound after its own vote on them
    • Not supported, because a state's ratification after the fact has no meaning of any kind for the law