Constitution

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Drafting the Constitution

The Convention Begins

12 of 13 states sent
delegates to convention in
Philadelphia in May 1787
Mission: make
amendments to the
Articles
Held in Independence Hall

Heat

Meetings kept secret from


public so delegates could
speak freely

Alexander Hamilton
Conservative
disliked democracy
(preferred British model)
Important during the
creation & adoption of the
Constitution
Would later become 1st
Secretary of the Treasury

James Madison
Father of the Constitution
favored a republic rather than
the British system
wanted government that was
both strong
wanted well educated to govern
Important during the creation &
adoption of the Constitution

Legislative Question to Answer

1. How should Congress be


designed?

The Virginia Plan vs. The New Jersey Plan

The Virginia Plan


Big state plan
Proposed by Madison
3 Branches of Govt
Bicameral legislature representation
based on population
Called for a strong
President

The New Jersey Plan


small state plan
Proposed by William
Patterson
3 Branches
Unicameral legislature equal representation
(1 state, 1 vote)
Executive committee, no President

Solution:
The Great Compromise
Created a bicameral legislature
Legislative Branch

House of
Representatives
(based on states
population)

Senate
(2 senators from every
state)

Executive Question to Answer

1. Trust the people to elect


the President or not?

Sides
Yes
Madison

No
Hamilton
(said educated, moneyed,
elite should chose)

Solution: The Electoral College


Popular vote gets to send electors to vote at electoral college
House of Representatives # + 2 Senators =
# of electors for a state
(not the same people, electoral college is chosen by Party Conventions in
each state)

Slavery Questions to Answer

1. Should slavery continue?


2. Should slaves be counted
as part of the population?

Solution:
The Three-Fifths Compromise

Protection of Slavery

Constitution forbade Congress


from blocking the importation of
slaves for 20 yrs

Three-Fifths Compromise
counted each slave as 3/5 of
a person when determining
delegates for House of
Representatives & electoral
college
Constitution committed all
states to return fugitive slaves
to their owners

U.S. Government: 3 Branches


Separation of Powers (Montesquieu)

Separation of Powers
Checks and Balances
Can veto acts of congress

Legislative Branch
Congress
Makes the Laws

Judicial Branch
Supreme Court
Interprets Laws

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Executive Branch
President
Carries out the Laws

Can remove president from office


Can Override Presidential Veto

Constitution
Powers of natl v. stage govts

Federalism power divided between state and federal


How states represented in natl govt (Congress)

Senate: 2 from every state


House of Representatives: based on population

Executive Power

Powerful President who carries out the laws

Vote required to make laws

& (amend)
Senate, govt
then signed by Pres.
VoteMajority
requiredintoHouse
change
Approved by of state legislatures or special state
conventions in of the states

Constitution
Tax Power

CAN raise money by taxing


Military Powers

Congress: approve treaties, declare war


President: Commander-in-Chief, negotiates treaties
Currency Powers

CAN create a common, national currency

Commerce Powers (trade)

CANSystem
regulate trade
Court
MADE a system of federal courts (Judicial Branch)

Ratifying the Constitution

The Struggle over Ratification


Ratification required approval
of 9 of 13 states
Two groups emerge in the
states:
Federalists those who
supported the Constitution
Antifederalists those who
opposed the Constitution

Antifederalists vs. Federalists


Antifederalist concerns
Constitution gave
national govt too much
power
President will be just like a
king
Individual liberties of
people will be threatened
by a powerful govt

Federalist response
enough power to solve
the countrys problems
system of checks and
balances will limit
presidents power
Bill of Rights will protect
citizens freedom

Antifederalists vs. Federalists


Antifederalist Leaders:
Thomas Jefferson
Samuel Adams
John Hancock
Patrick Henry

Federalist Leaders:
James Madison
Alexander Hamilton
George Washington
Benjamin Franklin
John Jay

Why The Federalists Won


1. The Federalist

(Madison, Hamilton, Jay)


85 essays written to
persuade NY to ratify the
Constitution

2. Focused on flaws of the


Articles of Confederation
3. Well organized national
group
4. George Washington &
Ben Franklin
5. Agreed to add a
Bill of Rights

Alexander
Hamilton

John
James
Madison

Jay

Bill of Rights
BILL OF RIGHTS = 1st
ten amendments to the
constitution
A written list of freedoms
guaranteed to citizens
by the government
protects individual and
states rights

The Constitution Endures


Became supreme law of land
in 1789
Survived 200 years with only
27 amendments
Short and vaguely worded
Flexibility: allows for
amendments, but difficult
process
2/3 of both houses of
Congress must approve
an amendment
Becomes a law when of
states ratify

Article I (1) The Legislative Branch A long part with 10 sections,


creates the Congress to make laws, divides Congress into a Senate
and House of Representatives, makes rules for election of members,
gives some powers to Congress, limits other powers
Article II (2) The Executive Branch
Sets up the presidency and vice presidency to carry out or execute the
laws, election rules, powers of the president, how to impeach
Article III (3) The Judicial Branch Sets up the Supreme Court, duties
and powers of Supreme Court and federal courts, power of judicial
review, defines treason
Article IV (4) The States Creates rules for states to get along with
other states, guarantees to states, admitting states to the Union
Article V (5) Making Amendments How to add amendments to the
Constitution
Article VI (6) Supreme Law of the LandThe Constitution is the
highest law of the land
Article VII (7) Ratification The Constitution became effective when 9
out of 13 states approved it

Bill of Rights
Number One
Freedom of religion, speech, and press, plus you
can assemble in crowds and protest.
Number Two
Right to bear arms and cannons, I bet the
Minutemen didnt know about handguns.
Number Three
When soldiers gets sleepy, you dont have to let
them sleep up on your couch.
Number Four
No one can search and seize. It protects me, unless
people have a warrant to arrest me.

Bill of Rights
Number Five
If you arrest me, respect me. Sorry Alex, theres no
Double Jeopardy. Whatd you do after school? I
plead the fifth. Whatd you do after that, dude? I
plead the fifth. I dont have to incriminate myself or
risk my health, whenever Im in trouble, I just plead
the fifth.
Number Six
You must process me speedily.
Number Seven
In front of my peers on the jury.

Bill of Rights
Number Eight
You cant use cruel or unusual punishment. You
cant make me drink turpentine for the fun of it.
Number Nine
The people get more than these rights.
Number Ten
States can make other laws, and they just might.
This is the Bill of Rights.

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