The Constitution

The Constitution

Agenda • We will develop an understanding of the events of the Constitutional Convention. • Bell Work • Notes • Virginia Declaration of Rights • Questions/Exit Ticket

The Constitutional Convention • The failure of the Articles of Confederation led to a new Constitutional Convention • Beginning in May 1787 Congressman convened in Philadelphia to REVISE the issues of the Articles of Confederation • They ultimately created a new form of government and Constitution

Key Leaders at the Convention • Called out of retirement • Didn’t plan to attend • Greatly respected • Elected unanimously President (chairman) of the Convention • Quiet, rarely involved in debate • Kept tempers cool • Studied and prepared in advance • “Father of the Constitution” • Kept detailed notes of proceedings • Author of Virginia Plan, 3 branches of govt • Also wrote Bill of Rights George Washington James Madison

Constitutional Convention • 12 states attended (RI absent), 55 delegates • Very hot, yet windows and doors sealed, delegates sworn to silence • Key conflicts in the Constitutional Convention: • Strong central govt vs. strong states • Large states vs. small states • North vs. South • Key Topics of debate: • How should states be represented in govt? • How should population be counted for representation and taxation? • Should the govt regulate business, slave trade?

Constitutional Compromise • Several plans were proposed: • Virginia Plan • Written by James Madison, proposed by Edmund Randolph • Known as Large States Plan • New Jersey Plan • Proposed by William Patterson • Supported by Small States • The Great Compromise • Proposed by Roger Sherman • Settled issue of representation of large/small states • Also called Connecticut Compromise

The Great Compromise Great Compromise How should states be represented in the govt? • Virginia Plan: • 3 separate branches: • Executive, Legislative, Judicial • Bicameral (2 houses) legislature, House of Representatives & Senate • Representation based on population size in both houses • More people  more reps • Big states liked this! • New Jersey Plan: • 3 separate branches: • Executive, Legislative, Judicial • Unicameral (1 house) legislature, House of Representatives only • Equal representationfor all states, like in the Articles of Confederation • One state  one vote • Small states liked this! • Bicameral legislature with 2 houses: House of Representatives & Senate • Representation based on population in House of Representatives • Equal representation in Senate (each State = 2 Senators)

Three-Fifths Compromise • Northern States: • Slaves should NOT be counted for representation, but they SHOULD be counted for taxation. • This position was best for the non-slavery states (mostly northern and smaller). • Southern States: • Slaves SHOULD be counted for representation, but they should NOT be counted for taxation. • This position was best for the slave-holding states (mostly southern with large number of slaves). Three-Fifths (3/5th) Compromise How should population be counted for representation and taxation? • Count some of the slaves. For every 5 slaves, 3 would be counted for population and taxation

Slave Trade and Commerce Compromise Slave Trade & Commerce Compromise Should the govt regulate business, including the slave trade? • Northern States: • Wanted govt to regulate business, to help northern industry • Some northerners wanted govt to end slave trade, but all wanted to protect their property rights • Most northerners did NOT want to have to return escaped slaves to owners • Southern States: • Did NOT want government to regulate business, because it would not help southern agriculture • Were afraid that government would end the slave trade • Felt that northerners must return escaped slaves (property) to owners • Govt COULD regulate business, but promised not to end the slave trade for 20 years • Escaped slaves would be returned to owners

Basic Principles of the Constitution Federal Govt is the Supreme Law of the Land, but States have a lot of power to govern themselves • Limited Government - powers given to govt are expressed in Constitution • Popular Sovereignty - Rule by the people, power comes from the people’s consent • Federalism - power divided between State and Federal Govt

Basic Principles of the Constitution • Separation of Power - 3 Branches Executive (President), Legislative (Congress), Judicial (Courts) • Checks and Balances – Each branch has some control over others; no branch can get too powerful • Judicial Review - Courts have power to determine actions of Govt unconstitutional

Separation of Powers

Federalism

In Class Activities: • Complete the following: • Read the Virginia Declaration of Rights on page 785 to 786. • Answer the 3 questions on page 786 CONSTITUTIONAL CONVENTION DEBATE…. ………..next class.

Exit Ticket: • 3-2-1 • 3 things you learned • 2 things you already knew • 1 thing you had a question about

Bell Work 8/29 • 1) Which of the following statements is NOT true of parliamentary government? (4.3) A. The executive is chosen by the legislature B. The legislature is subject to the direct control of the executive C. The prime minister and cabinet are part of the legislative branch D. The prime minister and cabinet must resign if they lose the support of a majority of the legislature • 1) Read the five paragraph excerpt of the Second Treatise of Government by John Locke on page 784. According to John Locke what freedoms did people have before the founding of government and how did he believe governments were formed? Answer this question in complete sentences.

Agenda 8/29 • We will develop on the process of the Constitutional Convention and the passage of the Constitution. • Parts Distribution • Discussion/Questions • Exit Ticket

Introductions • In your self-introduction: 1. Name? 2. Where you are from? 3. What professions/jobs have you had? 4. What political events have you been a part of? What political beliefs do you hold?

On the issue of…. • Strong central government vs. strong state government • All in favor of a strong central government? • All in favor of strong state governments?

On the issue of…. • Equal representation of the states vs. representation by population • All in favor of the Virginia Plan? • All in favor of the New Jersey Plan? • All in favor of the Connecticut Compromise?

On the issue of…. • Bill of Rights vs. no Bill of Rights • All those who think individual natural rights need to be written out in the Constitution? • All those who think individual natural rights are assumed in the Constitution?

On the issue of…. • Regulation of commerce, slave trade & fugitive slave laws? • Thoughts on regulation of commerce? • Thoughts on ending the slave trade and strengthening future slave laws?

Exit Ticket • Was it difficult to discuss your person’s point of view in the convention? Why? • Do you feel that your individual helped or hindered the passing of the Constitution? How so? • How could the founding fathers (we as a class) run a better Constitutional Convention?

The Constitution