The U.S. Constitution Ch. 2.4 Ch. 3
The Constitutional Convention Philadelphia Five months, from May until September 1787 Secret Meeting, closed to outside. Originally intent to revise the Articles of Confederation. Decided to write something totally new. Very illegal, treasonous.
The Constitutional Convention The delegates had great experience in government. Included many signers of the Declaration of Independence and the Articles of Confederation. Presided by George Washington (Father of the Country). Official records kept by James Madison (Father of the Constitution).
Decisions and Compromises The Virginia Plan proposed a strong executive, a national judiciary, a strong two-house legislature the lower house would be chosen by the people the upper house would be chosen by the lower house. This favored the larger, more populous states.
Decisions and Compromises The New Jersey Plan proposed a weak executive of more than one person elected by Congress, a national judiciary with limited powers, a one house legislature, with one vote for each state. This favored the small states.
The Great Compromise The Connecticut Compromise (Great Compromise) proposed a legislative branch with two parts: House of Representatives with representation based on population, Senate with two members from each state. This gave the large states an advantage in the House the smaller states in the Senate.
What to do about slavery? Three-Fifths Compromise - settled the issue of representation in the House, counting three-fifths of slaves in determining a state s representatives. Commerce and Slave Trade Compromise - allowed slave trade to continue until 1808. Congress was forbidden to tax exports and was granted power to regulate interstate and foreign trade.
Other Compromises The committee also shortened the president's term from seven years to four years, freed the president to seek re-election after an initial term, and moved impeachment trials from the courts to the Senate. An Electoral College rather than a direct election of the president.
1) the New Jersey Plan 2) the Electoral College compromise 3) large states because they had more people to vote for the lower house
Discussion Question Why does the word slave not appear in the Constitution? Opponents chose not to risk confrontation with supporters on an issue that might split the convention.
Americans take sides https://www.youtube.com/watch?v=gl7x96b 90ek Supporters and opponents of the Constitution began a great debate over its ratification, or formal approval. The Federalists urged ratification; argued that a strong national government was needed to handle other nations and prevent anarchy.
Americans take sides (cont.) The Anti-Federalists opposed ratification, argued that the delegates drafted the Constitution in secret and had been given no power to replace the Articles.
Americans take sides (cont.) Those opposed to the new Constitution became known as the "Anti-Federalists". They generally were local and not cosmopolitan, they usually cared about plantations and farms over commerce or finance, and wanted strong state governments and a weak national government. They did not like that the Constitution lacked a Bill of Rights.
Constitution Ratified When the Federalists promised to add a Bill of Rights. New Hampshire was the ninth state to ratify the Constitution, making it official. Virginia and New York had not. Without the support of those two large states, the Constitution never would have succeeded. https://www.youtube.com/watch?v=dab3va oilhw
Americans Take Sides To help win New York, Alexander Hamilton, James Madison, and John Jay published over 80 essays defending the Constitution known as The Federalist, or The Federalist Papers.
Constitution Ratified (cont.) The new national government launched in 1789. New York City was capital. George Washington took the oath of office as president.
Just the Facts: The Constitution 1.Ratified in 1789 2.Based on separation of powers 3.Formed 3 branches of Gov t. 4.The Constitution is divided into three parts
Structure of the Constitution The Preamble the goals of the government. The seven articles are the main divisions in the body of the Constitution The amendments, which provide for changes in the original
The Preamble 6 Goals: 1. form a more perfect union 2. establish justice 3. insure domestic tranquility 4. provide for the common defense, 5. promote the general welfare 6. Secure the Blessings of Liberty to ourselves and our posterity.
The Seven Articles Article I: The Legislative Branch Article II: The Executive Branch Article III: The Judicial Branch Article IV: Relationship between the states Article V: Amending the Constitution Article VI: Supremacy Clause Article VII: Ratification
The Amendments 1 st 10 Amendments are the Bill of Rights. Where do the rights come from?
Major Principles of the Constitution There are 6 major principles: 1. Popular sovereignty - rule by the people 2. Federalism - power is divided between national and state governments 3. Separation of powers among the three branches
Major Principles (cont.) 4. Checks and balances - each branch exercises powers over the others. No branch will become too powerful. 5. Judicial review - power of the courts to overturn laws and actions of national, state, and local governments. Established by Marbury v. Madison. 6. Limited government - the Constitution limits government by specifying its powers and listing powers it does not have.
The Legislative Branch Congress is made up of two houses: - House of Representatives - Senate The powers granted Congress are expressed in Article I, Section 8. Expressed Powers are also called enumerated powers because they are numbered 1-18. Also called Declared Powers. Enumerated Powers expressly say what congress can do.
The Legislative Branch (cont.) Economic Powers 1. Levy taxes 2. Borrow money 3. Regulate commerce 4. Coin money 5. Punish counterfeiting
The Legislative Branch (cont.) Defense Powers 1. Punish piracies 2. Declare war 3. Raise and support armed forces 4. Provide a navy 5. Regulate the armed forces 6. Call a militia 7. Organize a militia
The Legislative Branch (cont.) Other powers 1. Naturalizing citizens 2. Establishing post offices 3. Securing patents and copyrights 4. Establishing courts 5. Governing the District of Columbia
The Legislative Branch (cont.) Elastic Clause: a statement in the U.S. Constitution granting Congress the power to pass all laws necessary and proper for carrying out the powers expressed in the other clauses.
The Executive Branch Specific Powers of the President: 1. Commander in chief of armed forces 2. Appoints heads of the cabinet (Senate approval) 3. Pardon people convicted on a federal crime
Powers of the President (cont.) 6. State of the Union Message 7. Calls Congress into special session 8. Meets with heads of state of foreign countries 9. Commissions all military officers 10. Ensures that the laws of the Constitution are faithfully executed.
The Judicial Branch The United States has a dual court system, federal and state courts, each with its own jurisdiction. The modern federal court system dates from 1891, but the Supreme Court exercised important power beginning in 1803 by using judicial review in the Marbury v. Madison case.
The Judicial Branch FEDERAL COURTS: 1. Involve United States laws, treaties with foreign nations, or interpreting the Constitution. 2. Cases involving law at sea 3. Cases involving bankruptcy
Shared Power and Conflict The executive and legislative branches must cooperate to produce effective policies, but some conflicts are inevitable. The Supreme Court must depend on the president and the executive branch to carry out its decisions.
Amending the Constitution Ratifying Amendments Two ways: 1. ¾ of all state legislatures ratify amendment (Most common method) 2. Each state can call a special ratifying convention - ¾ must approve Congress sets the method and the amount of time
Informal Changes Congress has passed laws that have changed or clarified many provisions of the Constitution. Congress has shaped the Constitution by using the powers granted the legislative branch. Informal changes do not change the wording of the Constitution.