1 / 23

The Constitution and Federalism

The Constitution and Federalism. The Philadelphia (Constitutional) Convention of 1787. May 25, 1787: 55 delegates from 12 of the 13 States (Rhode Island did not send a representative) met in Philadelphia Purpose: To revise (edit/change) the Articles of Confederation

alana-carlson
Download Presentation

The Constitution and Federalism

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. The Constitution and Federalism

  2. The Philadelphia (Constitutional) Convention of 1787 • May 25, 1787: 55 delegates from 12 of the 13 States (Rhode Island did not send a representative) met in Philadelphia • Purpose: To revise (edit/change) the Articles of Confederation • 5 days into the convention, they decided to throw out the Articles of Confederation and start all over with a new government • For 89 of the 116 days from May 25-September 17, they met in secret and eventually wrote what we know as our Constitution.

  3. The Constitution: “A Bundle of Compromises” • Compromise: settling a conflict by each side giving up part of their demands in order to meet in the middle (come to an agreement). • The Constitution has been described as a “bundle of compromises” because lots of people had different opinions on how the government should run, and everyone had to give in a little bit along the way. • The biggest compromises had to do with representation in Congress and with slavery

  4. 1. The Connecticut Compromise • Established that our legislature (Congress) would be bicameral • Also called “The Great Compromise” • The conflict: Big States vs. Small States • Virginia Plan (favored big States): Congress should be bicameral (2 houses). Representation is based on wealth and population of each State • New Jersey Plan (favored small States): Congress should be unicameral (1 house). Every State sends the same number of representatives, no matter how big the State is.

  5. The compromise: Congress is bicameral (2 houses): • Senate: Every State send 2 representatives, no matter how big the State • House of Representatives: The number of reps. each State sends depends on how many people are in the State (the population) • 1 representative for every 650,000 people who live in the State • Georgia currently sends 14 reps. to the House. Montana only sends 1.

  6. 2. The 3/5 Compromise • The conflict: Southern States vs. Northern States • Southern States: • Wanted to count slaves as part of their population so they would be able to send more representatives to the House of Representatives • Otherwise, the Southern States would always be outvoted on things in Congress • Northern States: • Thought that slaves shouldn’t count toward Southern representation in Congress, because they weren’t counted as citizens • The compromise: 3 out of every 5 slaves would be counted toward the population of each State.

  7. 3. Slave Trade Compromise • The conflict: Northern States vs. Southern States (round 2!) • Northern States: • Wanted to end the slave trade (the actual shipping of slaves from Africa to the US) • Worried that southern States would just ship in more slaves so they could increase their populations and control Congress • Southern States: • Their economy was based on farming/agriculture – large plantations where slaves did the work for free • Wanted to continue to have access to slaves • The compromise: • Slaves could continue to be imported (brought in to the country from Africa) until 1808 – about 20 more years • Congress would not have the power to tax exports (goods shipped out of the country to other countries)

  8. Obj. 2: Ratifying the Constitution • Sept 17, 1787 – The Constitutional Convention approves the Constitution and 39 members sign • Needed 9 states to approve for new govt to go into effect • Sept 28, 1787: copies of the Constitution were sent out to the states for approval

  9. Two sides emerge: Federalists Anti-Federalists Opposed ratification Patrick Henry, Samuel Adams, John Hancock Supported states having most of the power (weak national govt) Feared a single executive would turn into a king/tyrant Strict interpretation of Constitution – If it doesn’t say it, the national govt can’t do it! **Demanded a Bill of Rights to protect civil liberties** • Favored ratification • Alexander Hamilton, James Madison • Supported a stronger national government, with states giving up some powers • Supported having a single head executive (president) • Loose interpretation of Constitution

  10. Ratification • Votes on ratification were close in many states • 1st state to ratify - Delaware (Dec 7, 1787) • June 21, 1788 – New Hampshire is the 9th state to ratify • BUT, Virginia and New York, the two largest, wealthiest states, had not ratified.

  11. Ratification • Washington and Madison were able to convince Thomas Jefferson to ratify • Virginia ratifies June 25, 1788 • NY went through heated debates • The Federalist Papers – a collection of 85 essays supporting the Constitution • Authors: Alexander Hamilton, James Madison, John Jay • Considered first campaign document in the US – it greatly influenced NY’s decision to ratify • NY finally ratifies July 26, 1788

  12. A New Government • Sept 13, 1788 – Constitution officially goes into effect • New York chosen as the temporary capital • March 4, 1789 – First Congress meets in NY • Did not have a quorum (majority), so electoral votes for Pres/VP could not be counted until… • April 6: • President = George Washington • John Adams = Vice President • April 30, 1789 – GW sworn in as 1st Pres of US

  13. Obj. 3: Fundamental principles of the US Constitution • Functions of the Constitution (What does it do?) • It is the highest form of law in the US • Lays out the framework and procedures of our govt • Sets limits on govt power

  14. 6 Basic Principles of the Constitution • Limited Government • Popular Sovereignty • Separation of Powers • Checks and Balances • Judicial Review • Federalism

  15. 6 Basic Principles of the Constitution • Limited Government • NO government is all powerful • Government can only do the things that people have given it the power to do • Aka constitutionalism – the government MUST be conducted according to constitutional principles • Includes the Rule of Law: • NO person is above the law • Everyone, even government officials, MUST follow the laws of the land

  16. 2. Popular Sovereignty • All political power is with the people • Government can only rule with the consent of the people • Expressed in 1st words of Constitution: “We the people…”

  17. Separation of Powers • All of the basic powers of the American government are distributed among 3 branches of government • The executive, legislative, and judicial branches are completely separate bodies/groups of people • Each branch has its own set of responsibilities: • Legislative Branch: makes/passes the laws • Executive Branch: executes, enforces, administers the law • Judicial Branch: interprets and applies the laws • Why? • The framers wanted a stronger central government, but… • didn’t want too much power in the hands of any one person or group

  18. Checks and Balances • Even though the 3 branches have separate powers, they still have to work together to get things done • Each branch is subject to limits by the other branches • And each branch also has powers that limit other branches • Facts of Congress: Checks/Balances

  19. Checks and Balances: Examples • Executive Branch • The President is the Commander-in-Chief (head) of the military… • ….but only Congress can declare war and vote on funds/troops (legislative limits the executive) • Legislative Branch • Congress has the power to make (write, discuss, and vote on) laws… • the President can veto those laws (executive limits the legislative) • …but Congress can override the Presidential veto with a 2/3 majority vote (legislative limits the executive)

  20. Judicial Branch • Is limited by the Executive and Legislative Branches… • The President chooses (appoints) all Supreme Court judges…. • but the Senate must vote to approve the President’s choices. • Congress can also vote to impeach and remove Federal judges • But the Judicial Branch also limits the Executive and Legislative Branches… • With the power of judicial review

  21. Judicial Review • Courts have the power to determine constitutionality of all laws and government actions • In other words, courts can declare illegal, null and voidany government action that violates any part of the Constitution • Extends to all governments in US – national, state, and local Judicial review was established in 1803 with the Marbury vs. Madison court case.

  22. Federalism • The national government is not all-powerful. Government powers/duties are divided between: • The National/Federal government (based in Washington, D.C.) • The States’ governments (like GA) • The framers chose this system as a compromise between those who wanted sovereign (independent) states and those who wanted a stronger national government • Facts of Congress: Federalism

More Related