WE THE PEOPLE

1. WE THE PEOPLE The making of the Constitution

2. Why Write the Constitution?* • People favored a republic – citizens rule through elected representatives • Articles of Confederation (1st Attempt) • Weak Central Government – No Power • one branch • each state = 1 vote • no national currency • Continental Congress had no power to • tax • settle disputes between the states • Domestic and Foreign Problems • Shays’s Rebellion • Lots of debt (can’t pay it back)

3. Two Options • Amend (change) the Articles of Confederation • Write new articles

4. The Constitutional Convention • Meeting of delegates from all states (except Rhode Island) to create a new plan for the United States government • Began May 25, 1787 in Philadelphia, PA • 55 delegates attended, including James Madison & George Washington • Constitution was written to solve problems of a weak central government under the Articles of Confederation.

5. Issues #1 w/ the Constitution • Representation • Large states -- all representation should be proportional -- based on the population of each state -- Therefore states with larger populations would have more representatives in Congress • Small states -- all representation should be equal -- each state has the same number of delegates

6. Solution to Issue #1 • New Jersey Plan (small states) • Revise articles of Confederation - give Congress power to tax & regulate commerce • Virginia Plan (large states) • Create a new form of government with 3 branches & proportional representation • creates a system of checks and balances • Great (Connecticut) Compromise • Two houses of Legislature (Bicameral) • Senate: equal representation -- 2 votes for each state • House of Representatives: votes based on population

7. Issues #2 w/ the Constitution • Slavery • How should slaves be counted? As property or as Population? • How should they be taxed?

8. Solution to Issue #2 • Three-fifths Compromise • Each slave counts as 3/5 of a white man for purposes of taxation and representation

9. Issues #3 w/ the Constitution • Who was more authority (power)? • the States -- or– • the National Government

10. Solution to Issue #3 • Federalism (Division of Power) • Made federal law the supreme law of the land, but otherwise gave the states considerable leeway to govern themselves • Limited the powers of the federal government to those identified in the Constitution

11. Issues #4 w/ the Constitution • Free Flow of Commerce among the States • Tariff Issue (Tax)

12. Solution to Issue #4 • Commerce Clause • gave Congress the power to regulate trade between the states as well as with foreign nations.

13. Important People • George Washington, Chairman of the Convention • Washington presided at the Convention and, although seldom participating in the debates, lent his enormous prestige to the proceedings. • James Madison, “Father of the Constitution” • Madison, a Virginian who kept copious notes—the best record historians have of what transpired • Authored the “Virginia Plan,” which became the foundation for the structure of the new government. • He later authored much of the Bill of Rights.

14. Ratification • Before the Constitution can be put into practice, it must be ratified, or approved by the states. • Debate over Constitution -- (Federalists and Anti-federalists) • Each state sets up a convention to approve or reject the Constitution • Nine states must accept the Constitution for it to be ratified

15. Federalists -v- Anti-Federalists • Federalists (In favor of the Constitution) • Favor a strong national government that shares power with the states • Believed that separation of powers created checks and balances • Believed that the individual rights of citizens were implied in the Constitution and that there was no need for a Bill of Rights • Anti-Federalists (Against the Constitution) • Believed that a federal Government would favor the interests of the rich and powerful and ignore the rights of the poor • Believed that one central government would be too powerful and would threaten individual rights and liberties • And therefore believed that individual rights must be protected in a Bill of Rights

16. Federalists -v- Anti-Federalists • Federalists write a series of papers called the “Federalist Papers” • actually written by: Alexander Hamilton, John Jay and James Madison • present arguments for the Constitution • Anti-Federalists also write papers, but are not as organized • Presented arguments against the Constitution

17. The Constitution is Born • After promising a Bill of Rights will be added, states begin to ratify the Constitution. (Delaware is 1st) • In December 1791, the Bill of Rights (the first 10 Amendments), written by James Madison are added to the Constitution • guaranteed the rights of individual citizens • these rights can not be taken away by the Federal government • without the Bill of Rights, the Constitution could not have been ratified

18. Organizing the New Gov’t • Federal System of Gov’t (Federalism): • governmental power is divided between the central government and various state governments • US Government • Guiding Principles • Separation of Powers - separate branches with independent powers and responsibilities so one doesn’t become to powerful. • Checks and Balances – each branch can limit the powers of the others, to assure that one branch doesn’t becomes too powerful

19. Branches of Gov’t • Legislative– Congress (makes the laws) • House of Representatives -- representation based on population • Senate -- equal representation (2 per state) • Delegated and Reserved powers • Executive – President (enforces the laws) • elected by Electoral College • powers: veto over laws and nomination of certain position • Judicial -- Supreme Court (interprets the laws)

20. The Essential Understanding • The Constitution of the United States of America established a government that shared power between the national government and state governments, protected the rights of states, and provided a system for orderly change through amendments to the Constitution itself.