The Constitutional Convention

1. The Constitutional Convention • In 1787 the 55 delegates from each of the 13 states met in Philadelphia, Pennsylvania to revise (fix) the Articles of Confederation. • Instead of revising the Articles, James Madison and Alexander Hamilton wanted to create a completely new form of government. • This meeting became known as the Constitution Convention of 1787.

2. The Constitutional Convention • Leadership was needed immediately so the 55 delegates appointed George Washington to lead the meeting. • Washington and the 55 delegates gave James Madison, “the Father of the Constitution”, the job of creating this new government. • There was one major issue that had to be solved by the new government: Representation in Congress. • Let’s review the compromises of the convention on page 21.

3. Virginia Plan • The Great Compromise • Plan proposed by Roger Sherman • The legislature would have • two houses- The Senate • would have equal representation • (2 members) and the House • of Representatives would be • based on a state’s population New Jersey Plan • Representation in both houses should be based on population • Plan proposed by Edmund Randolph • Proposal favored by largestates • Proposal favored by small states • Plan proposed by William Patterson • Each house in the legislature would have equal representation- one vote One of the major issues dividing the new country was representation in Congress. Both sides wanted three branches of government. How many representatives should each state have? Let’s list the terms of the opposing plans above as well as the terms of the compromise in the speech bubbles on page 21.

4. TheThree-FifthsCompromise After the Great Compromise was reached, the states had to decide if slaves would be counted as part of a state’s population. Southerners wanted slaves to be counted as part of the general population, but NOT for taxation. Northerners argued that slaves were not citizens and could not be counted as such. They insisted that if slaves were treated as property, they should be taxed like other property. The Three-Fifths Compromisewas reached to settle the dispute. Under the compromise: 3/5 of the slave population would be counted when directly taxing the states. 3/5 of the slave population would be used to determine representation in Congress. Congress could not ban the slave trade until 1808.

5. A Recipe for Democracy The delegates who wrote the U.S. Constitution borrowed many ideas from British historical documentsto create their own political documents. The documents are like “ingredients” to a recipe. These ingredients used in the proper amount would end up creating the greatest document in American history- The U.S. Constitution. Let’s list the rights borrowed from these documents on page 22.

6. The Magna Carta 1215 Right to trial by jury No taxation without representation Guaranteed rights of all citizens Limited power of the king Magna Carta

7. English Bill of Rights, 1689 No cruel and unusual punishment Freedom of speech Defined rights of English citizens English Bill of Rights

8. The Mayflower Compact 1620 Popular Sovereignty (rule by the people) Self-Government Majority Rule Mayflower Compact

9. Declaration of Independence, 1776 Citizens have unalienable rights that cannot be taken away Life Liberty Pursuit of Happiness Declaration of Independence

10. Federalist Papers, 1787-1788 Separation of Powers (government should have 3 branches) Strong central government Urged Americans to ratify (approve) the U.S. Constitution Federalist Papers

11. Declaration of Independence, 1776 “He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures; For Quartering large bodies of armed troops among us” The 3rd amendment gives citizens the right to refuse food, shelter, and other supplies to soldiers during war and times of peace. “No soldier shall, in time of peace be quartered in any house, without the consent [permission] of he owner, nor in time of war, but in a manner to be described by law.”

12. Declaration of Independence, 1776 “For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States; For depriving us in many cases, of the benefits of Trial by Jury” The 7th amendment guarantees citizens the right to a trial by a jury of their peers. “In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States…”

13. Declaration of Independence, 1776 “He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers” Article III, section 1 of the Constitution gave the Supreme Court the power to interpret the laws of our country. “The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts, as the Congress may from time to time ordain and establish…”

14. Declaration of Independence, 1776 “For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever” Article I, section 1 created a bicameral (two-house) legislature that would make laws to govern the United States. “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”

15. Declaration of Independence, 1776 “He has refused his Assent to Laws, the most wholesome and necessary for the public good” The colonists declared themselves a free and independent nation in order to protect the rights and liberties of citizens. “We, therefore, the Representatives of the United States of America, in General Congress…do, in the name, and by the Authority of the good people of these Colonies solemnly publish and declare, That these United Colonies are, and of Right out to be, Free and Independent states…”

16. Creating Something from Nothing • The American people would not accept another government like the one under the Articles of Confederation. • The major problem was, “How do we create something out of nothing?” • To solve this issue, the delegates agreed the Constitution must follow certain principles or ingredients, just like a food recipe. • The delegates agreed on 7 principles to include in the Constitution. • Let’s review them on page 24.

17. POPULAR SOVEREIGNTY Popular Sovereignty-Authority and power over government comes from the people. What does “Popular Sovereignty” really mean? • Voting ensures that the opinions and ideals of American citizens govern the country. Key Words:People Power, People Rule

18. REPUBLICANISM Republicanism- Voters hold elections and choose representatives to govern them. What does “Republicanism” really mean? • We elect our representatives based on their ideas about government and laws we agree with. Key Words:Representatives, officials President Obama Texas Govenor Perry Senator Hutchinson Senator Cornyn

19. Individual Rights Individual Rights- Inalienable Rights (Rights that cannot be taken away) are guaranteed to all citizens. What are our “Individual Rights”? • We call these rights our “Inalienable Rights.” (Life, Liberty, and the Pursuit of Happiness) Key Words:Bill of Rights

20. Checks and Balances Checks and Balances- Each of the three branches has some control over the others. This prevents one branch from becoming too powerful. What does “Checks and Balances” really mean? • Each branch of the government has some control or power over the other branches. Key Words:Veto, Appoint, Unconstitutional

21. SEPARATION OF POWERS Separation of Powers- The government is divided into 3 separate but equal branches that have their own responsibilities and limitations. What does “Separation of Powers” really mean? • The U.S. government is divided into three branches with different powers, roles, and responsibilities. Key Words: Executive, Legislative, and Judicial

22. Legislative Branch • Legislative Branch- Congress: House of Representatives and Senate create bills that become laws. U.S. Capitol

23. Executive Branch • Executive Branch- (President) Approves or vetoes bills that may or may not become laws.

24. Judicial Branch • Judicial Branch- (Supreme Court) Interprets laws to make sure they follow the Constitution

25. FEDERALISM Federalism-The division of power between the federal and state government. This limits the power of the federal government. What does “Federalism” really mean? • In our country, each state has the right to create its own laws as long as they do not violate the U.S. Constitution. Key Words: Federal and State

26. Limited Government Limited Government- Powers of the government are restricted by the Constitution. What does “Limited Government” really mean? • All U.S. citizens including elected representatives must obey the laws. Key Words: No King!; No one is above the law

27. Checks on the Judiciary • Impeach judges • Approve judicial appointments • Create new courts • Checks on the President • Override Presidential veto • Impeach President • Confirm Presidential appointments • Declare war Legislative Branch • Checks on the Judiciary • Appoint federal judges • Grant pardons to federal offenders • Checks on Congress • Propose legislation • Veto legislation Executive Branch • Checks on Congress • Declare legislation unconstitutional • Checks on the President • Declare Presidential actions unconstitutional Judicial Branch

28. Process for Amending the Constitution • The U.S. Constitution was designed to be a “work in progress”. • It was designed to adapt to the changing conditions of the American people and the country. • The ability to add, change, or delete laws is a difficult process. • This process guarantees that amendments would only be added, changed, or deleted for very important reasons. • Let’s write down the formula for amending or changing the Constitution on page 26.

30. The Bill of Rights • One of the seven principles of the U.S. Constitution is “Individual Rights”. • The framers of the Constitution added a “Bill of Rights” to the Constitution to protect our individual rights. Anti-Federalists refused to ratify the Constitution without this addition. • Let’s review the first 10 amendments (changes and/or additions) of the U.S. Constitution and discover what freedoms they provide on page 27.

31. 1st Amendment • Freedom of religion, speech, press, assembly (protest), and petition are protected by the 1st amendment.

32. 2nd Amendment • The right to buy and own guns (bear arms) is protected by the 2nd Amendment.

33. 3rd Amendment • The right to not clothe, feed, or shelter any soldiers • Passed to overturn and eliminate the Quartering Act of 1765

34. 4th Amendment • Protects against illegal search and seizure. • Authorities must have a search warrant, or probable cause to search or seizure yourself or your property

35. 5th Amendment • Provides “Due Process” for individuals accused of crimes • No Double Jeopardy- you cannot be tried twice for same crime • You do not have to testify against yourself or immediate family To learn more about the first five amendments, click here.

36. 6th Amendment • Right to a public and speedy trial • You have the right to an attorney if arrested • You have a right to confront witnesses • Trial must take place where crime was committed

37. 7th Amendment • The 7th Amendment guarantees the right to have a trail by a jury of your peers- same race, gender, age, religion.

38. 8th Amendment • The 8th amendment prohibits “cruel and unusual punishment” .

39. 9th Amendment • Rights not specifically listed in the Constitution does not mean you don’t have them.

40. 10th Amendment • Every state has to follow the laws/amendments listed in the U.S. Constitution • Whatever is not listed in the Constitution is left for the states to decide; they can pass laws that benefit their state. To learn more about amendments 6-10, click here.