Ch. 3 The Constitution

1. Ch. 3The Constitution

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3. May 25, 1787 at Independence Hall Philly All States except RI sent delegates. They were against a strong National government Was originally a meeting to fix A.O.C Constitutional Convention

4. 55 men Most were well educated: Lawyers, merchants, college presidents, physicians, generals, governors and planters They had considerable political experience. All white men No Blacks, Natives, or women Who was there

5. Unanimously agreed that George Washington should Preside over the Convention First thing he did was set up a committee to set the rules for Constitutional Convention 1-at least 7 states had to be present for any meeting to be held 2-decisions would be made by majority vote by states Early decisions

6. 3-each state got 1 vote 4-all discussions would be kept secret This enabled delegates to speak freely and not worry about political ramifications of changing their minds. Early decisions cont.

7. NEED FOR SECRECY

8. May 29th 1787 the Virginia plan was designed and introduced by James Madison 3 Branches of government Legislative, Executive, Judicial The legislative branch would be Bi-cameral and states would be represented by Population. This appealed to Large states Small States were scared that government would ignore their problems. Virginia Plan

9. After 2 weeks of fighting over the Virginia Plan William Paterson came up with the New Jersey Plan 3 Branches of government Legislative, Executive, Judicial Legislature would have only one House and each State would get one vote Small states liked it because they were equal Large states felt they should have more say because they had more people. New Jersey Plan

10. Roger Sherman of Connecticut came up with a solution 3 Branches of government Legislative, Executive, Judicial Legislative branch would have 2 houses 1-upper house, the Senate would be equal representation 2-lower house House of Representatives would be based on population. Great Compromise

11. Since representation was based on population. North generally had more people than the South Southerners wanted to use slaves as part of their representation. Northerners said, “Now wait a minute, you call slaves nothing more than a desk that moves and now you want to count them as part of population? NO WAY!” The three-fifths compromise

12. The middle passage

13. They finally compromised that every 5 slaves would count as 3 free persons Thus 3/5 compromise This number would also be used in figuring taxes So there is racism clearly spelled out in the constitution The three-fifths compromise cont.

14. 5 slaves counted as 3 free persons

15. Some delegates thought congress should choose the President Some believed the people should vote for president They compromised with the electoral college Electoral college: a group of people who would be named by state legislatures to select the President and vice president Electoral college is used to this day except voters not legislators now choose electors Electoral College

16. Spoils system

17. A form of government where power is shared between the National and State governments Break time in notes. Stand stretch for 30 seconds… O.k. we are back Federalism

18. They supported the Constitution Wanted a strong National government Alexander Hamilton, James Madison, and John Jay were famous Federalist who wrote a series of papers supporting the Constitution called the Federalist papers. federalist

19. 2 PARTY SYSTEM

20. Opposed the constitution Felt it gave too much power to National Government Also objected that there was no bill of rights to protect individual liberties. i.e. speech, religion Anti -Federalist

21. Federalist finally agreed that constitution needed a bill of rights Federalist promised if Constitution passes they would add a bill of rights June 21st 1788 New Hampshire became the 9th state to ratify and the Constitution took effect. Ratification

22. Obama care ratifies

23. “It’s a Plan, but not a straight jacket, flexible and short.” In a very few pages, it manages to provide an adaptive framework for government that has held up for more than 200 years. Has 3 main parts 1-Preamble 2- Articles 3- Amendments Structure of Constitution

24. Tells why the constitution was written Single concise sentence We will all say Preamble together now…. Ok back to notes Preamble

25. About the Legislative Branch Congress will have Lawmaking ability Lists specific powers congress does and does not have. Article I

26. Executive Agencies

27. The Executive Branch Law enforcing Branch headed by the President and Vice-President Unlike popular belief all the President does is enforce the laws Congress makes. The President will try to influence what laws are made. Article II

28. The fight for Supreme court justices

29. The Judicial Branch Interprets the laws Sees that they are fairly applied Article III

30. Dedicated to the States All states must respect each other’s laws’ courts and records, why you can drive in different states. Explains process for making a new State Promises that the federal Government will protect the States Article IV

31. Dedicated to Amendments How do we amend the constitution Article V

32. States that Constitution is the “Supreme Law of the Land” If state law or court decision conflict with federal Law, the federal Law shall prevail Article VI

33. States that Constitution takes affect when 9 states ratify it. They also ate doo doo…just seeing if you are paying attention. They did not eat doo doo. Article VII

34. In article I it states that congress has the power to make all Laws which shall seem “necessary and proper” to carry out its duties This allows Congress to exercise/use powers that are not specifically listed in the Constitution. Known as implied powers Necessary and Proper Clause

35. Popular sovereignty

36. Sovereignty means the right to rule. Popular (in this instance) means the population or public Governments draw their powers from the consent of the Governed What most people want they get/ majority rule Popular Sovereignty

37. We know this one already The laws apply to everyone , even those who govern. No one may break the or escape it’s reach. Rule of Law

38. Protect against abuse of power and the possibility of one person or group gaining too much power 3 branches with 3 functions that don’t overlap Separation of Powers

39. Each Branch can “check” or keep another branch from being too powerful. Examples 1-President can veto laws proposed by Congress and name federal judges 2-Congress can block presidential appointments and treaties, and remove the President. They can also reject judicial appointments and remove judges 3-The supreme Court can overturn executive and congressional laws it finds un constitutional. Checks and Balances

41. Both National and State governments have independent authority over people at the same time. Expressed powers: powers given specifically to National government. Reserved powers: powers given specifically to the states i.e. Marriage and divorce Concurrent powers: powers both share Federalism

42. Hey raise your hand when your done. Now repeat after me. I’m good enough I’m smart enough Now let me go earn this “A” Thank you and good bye

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