The Creation of the U.S. Constitution: A Revolutionary Government Solution

1. The Creation of the U.S. CONSTITUTION

3. George Washington: need a government that can cover the whole country & greater balance of power between the state and central government Alexander Hamilton (the guy on the $10 bill): Confederate Congress was unfit to deal w/ economic issues James Madison: desperate need for change now! The Solution: Congress invited all 13 states to send representatives to Philadelphia, PA in May 1787 for “the sole and express purpose of revising the Articles of Confederation.” The Call for Change by Washington, Madison and the nationalists

4. The Constitutional Convention The summer of 1787 (May-September) Phiadelphia, PA

5. Written in the summer of 1787 in Philadelphia, Pennsylvania (55 delegates) Took 87 days Had 39 signers on September 17, 1787 Preamble, seven articles and 27 amendments (eventually) WORKING IT OUT…

6. 1. Magna Carta (1215) King John of England agreed to some restriction on his power and subjects’ rights. 2. Mayflower Compact (1620) Mayflower pilgrims agree to a set of laws governing behavior for the “good of the people”. 3. The Colonial Charters (1624-1789) and various state constitutions 4. Declaration of Independence (1776) 5. Articles of Confederation (1781-1789) 6. Montesquieu (separation of powers) 7. Locke/Hobbes (inalienable rights, social contract) freedom of expression, assembly, religion etc.-ideas of the Enlightenment THE INFLUENCES………

7. Delegates gathered at Independence Hall in Philadelphia, Pennsylvania in 1787 George Washington was chosen as the convention president and all deliberations were to be kept secret to construct the blueprint for a new and better form of government. Hottest Summer in memory in Philly “The air was hot and oppressive. The slightest movement is painful.” . The Location and Conditions of the Convention

8. very hot in building-windows kept closed to protect the secrecy of the meeting and from the ravenous insects The Virginians were the 1st to arrive and went right to work meeting drafting their own plan (very radical)-”Virginia Plan” . The Location and Conditions of the Convention

9. Finally convened on May 25th after some heavy rains had delayed the arrival of the delegates 55 delegates from 12 states attended-lil’ ole Rhode Island who boycotted (refused to participate) the convention Majority decision instead of 9 of 13 Convening the Convention

10. Relatively young, avg. in the early 40s From rich families, well-educated (Harvard, Yale, William and Mary, and Princeton) Plantation owners, lawyers and politicians 1/3 of them owned slaves “well-bred, well-fed and well-wed” The Delegates

11. Taller than the average man during the time Dignified, a little shy, a quiet and dignified type of authority figure He was the Chairman, and could not take part in the debates, but kept control of the debates George Washington

14. Philadelphia’s honored printer, scientist and statesmen “He is 81 years old and possesses an activity of mind equal to a youth of 25 years of age.” The oldest delegate: Benjamin Franklin

15. A small man, with a big mind Studied the history of political systems and governments from the beginning of time His ideas formed the Virginia Plan-wanted a strong national government It is from Madison’s notes that we know today what went on inside the Convention day by day The best prepared delegate: James Madison

16. The United States Constitution

17. Two major differences separated the delegates: 1. The Virginia Plan (3 branches of government) called for a bicameral (2 House) system of legislature One House elected by the people, the other one w/ reps named by the state legislature National Executive (President) chosen by the legislature Judicial system with proportional representation (depending on population)-Large states loved it. Drafting the Constitution

18. 2. The New Jersey Plan called for equal number of representatives per state but wanted the states to still be supreme over the federal gov’t (just like the Articles). After some debate, the Virginia Plan (changed around a little) was voted in as the most workable solution. Drafting the Constitution

19. After some debate, the Virginia Plan (changed around a little) was voted in as the most workable solution: The bi-cameral (2-house) legislature would have: 1 upper house w/ equal number of members from each state (senate) 1 lower house w/ numbers based on population of state Compromising for a Constitution

20. Northern delegates-end slavery immediately Southern delegates-preserve the slave trade The “Great Compromise” dictated that slaves be counted as 3/5 of a person for purposes of representation #s (3/5 Rule) But…sadly no emancipation for slaves An Electoral College of informed delegates would be selected by state legislatures for electing the president. (compromise) Selection of the Senate would come from the votes of the House of Representatives.(compromise) Issues to consider: Slavery and other compromises

21. It took all summer to work out the details of a new constitution There was still a lot of argument, but the delegates realized the stakes were high if they failed the whole human race will be affected by the proceedings of the Constitution” (Profundo) Drafting the Constitution

22. No national referendum Debates took place in state legislatures Federalists-pro ratifica. Anti-Federalists- against It took less than a year to secure the 9 of 13 states needed to win ratification (approval). Delaware was the first! The Struggle Over Ratification

24. The US Constitution-a deeper look “The American Constitution is the most wonderful Work ever struck off at a given time by the brain and purpose of man” William E. Gladstone (British historian)

25. 6 Basic Principles of the Constitution • Popular Sovereignty- “We the People” (republicanism) • Limited Government- the government and its rulers are not above the law • Separation of Powers into the 3 branches • Checks and Balances- each branch can check (limit) the power of the others • Judicial review- the courts can say what the government does is constitutional or not • Federalism-the states have certain powers and the Central government in Washington DC has certain powers

26. Adding a Bill of Rights The 27 Amendments to the US Constitution • The first 10 are called the Bill of Rights (Freedom of Speech, Religion, etc.) added in 1791 • Anti-federalists liked Patrick Henry and George Mason pushed for its passage • Madison helped get them passed

27. Prior to 1776, only Rhode Island, New Jersey, Pennsylvania, and Delaware promoted full religious freedom. Other states supported a central church to which they gave government funds for operation. The Revolution showed that freedom of choice was the only safe basis for church/state relations. Result: The 1st amendment: Freedom of Religion Issues to consider: Separating Church and State

28. Electing the President Election 2012 Mitt Romney Barack Obama

29. Constitutional Arguments by the Framers (1787) • Should the Prez be chosen by popular vote of the people or elected by Congress? • The Solution: The Pres and VP would be chosen by a special body of electors called the Electoral College • Today, the national popular vote is not the basis for electing a President or Vice President, it’s the electoral college

30. technically, its not really the majority of the popular vote that gives a candidate victory as president, but its winning a majority of the electoral votes that gives he or she the victory Since 1964, there have been 538 electors in each presidential The Electoral College is an example of an indirect election. The Electoral College

31. The Electoral College • Federal law sets the Tuesday following the first Monday in November as the day for holding federal elections • Rather than directly voting for the President and Vice President, United States citizens you are voting for a slate of electors. • in practice they pledge to vote for specific candidates and voters cast ballots for favored presidential and vice presidential candidates by voting for correspondingly pledged electors.

32. How do you win? • A candidate must receive an absolute majority of electoral votes (currently 270) to win the Presidency. • If no candidate receives a majority in the election for President, or Vice President, that election is determined via a contingency procedure in the Twelfth Amendment

33. What happens after the election day? (mostly ceremonial) • Early December, each state’s electors meet in each of the state capitals and cast their electoral votes (certified by Sec of State of each state) • Early January, the incoming US Congress meets for the votes to be counted, they are certified and the winner is officially declared by the President of the US Senate (The Vice President) • The President and Vice President are officially inaugurated and sworn into office on January 20th (20th amendment)

34. How many electors are there? • The size of the Electoral College is equal to the total membership of both Houses of Congress (435 Representatives and 100 Senators) plus the three electors allocated to Washington, D.C., totaling 538 electors. • Each state is given as many electors as it has Representatives and Senators in the United States Congress. • Since the most populous states have the most seats in the House of Representatives, they also have the most electors.

37. Almost Parliamentary in its method-The constitutional theory behind the indirect election of both the President and Vice President of the United States is that while the Congress is popularly elected by the people, the President and Vice President are elected to be executives of a federation of independent states. In the Federalist No. 39, James Madison argued that the Constitution was designed to be a mixture of state-based and population-based government. The Congress would have two houses: the state-based Senate and the population-based House of Representatives. Meanwhile, the President would be elected by a mixture of the two modes. Why select a President this way?

38. 1. the Electoral College is undemocratic 2. gives certain swing states (states that can go Democrat or Republican) an unfair influence in selecting the President and Vice President. 3. Discourages voter turnout/participation 4. Favors less populated states 5. Third-Parties are at a disadvantage As a result, numerous constitutional amendments have been introduced in the Congress seeking a replacement of the Electoral College with a direct popular vote; however, no proposal has ever passed the Congress. The Criticisms of the Electoral College

39. Prevents an urban-centric victory Forces candidates to pay attention to less populated states Minority Groups can give a candidate the edge to win the state Encourages stability of the 2-party system The Supporters of Keeping the Electoral College

40. John Quincy Adams who lost by 44,804 votes to Andrew Jackson in 1824 Rutherford B. Hayes who lost by 264,292 votes to Samuel J. Tilden in 1876 Benjamin Harrison who lost by 95,713 votes to Grover Cleveland in 1888 George W. Bush who lost by 543,816 votes to Al Gore in the 2000 election. 4 Examples of Presidents winning despite losing the popular vote