Creating the Constitution

1. Creating the Constitution Chapter 5

2. The Constitutional Convention • Why the need for the Convention? • The Convention was “for the sole and express purpose of revising the Articles of Confederation.” • Main Topics of Discussion • An Official National Government • Separation of Powers • National and State Governments • Representation

3. The Constitutional Convention • George Washington was selected as the Presiding Officer in order to keep the peace during the convention • Rules were created to try to give everyone an equal voice in the creation of the Constitution

4. The Virginia Plan • Proposed by James Madison • Proposed a strong national government • Executive, Legislative, and Judicial Branches • Legislative branch would have two parts; a house and a senate. • Number of seats in each would be based on state population • Who would agree with this plan?

5. The New Jersey Plan • Proposed by William Patterson • Called for a One House Legislature in which each state would have an equal number of votes • Who would agree with this plan?

6. The Great Compromise • Proposed by Roger Sherman of Connecticut • Called for a bicameral - two house legislature • House of Representatives would be elected based on state population • In the Senate each state would have two seats • Great Compromise - each side gave up part of what it wanted for the benefit of the common good

7. Slide Break!!! • Here’s a picture of a pug wearing pug slippers

8. The Three-Fifths Compromise • The problem was that nobody agreed on how to count slaves when considering a state’s population • Three-Fifths Compromise - counted each slave as three fifths of a person when a state’s population was calculated • Why do you think this was such an issue? • Voters: White property owning men

9. Signing the Constitution • The delegates of the Constitutional Convention are often called “the Framers.” • The Constitution is still the basic framework of our Government

10. Struggle for Ratification • Ratified - approved • Federalists - those who supported the Constitution and a strong national government • Anti-Federalists - those who opposed the Constitution and a strong national government • Pushed for a Bill of Rights

11. The Federalist Papers • Written by James Madison, Alexander Hamilton, and John Jay • A series of essays that outlined the need for a strong national government • Ratification was not an easy process • Many states passed the Constitution by only a few votes • Federalists agreed to add a Bill of Rights

12. Goals of Our Government: The Preamble • To Form a More Perfect Union - better than simply to unite the 13 states • To Establish Justice - to create a legal system that fairly handles disputes • To Ensure Domestic Tranquility - to establish a peaceful society

13. Goals of Our Government: The Preamble • To Provide for the Common Defense - national security • To Promote the General Welfare - create conditions to benefit all • To Secure the Blessings of Liberty to Ourselves and Our Posterity - give people the freedom to choose their occupation, where they live, and what they believe

14. Article 1 - The Legislative Branch • Describes and organizes the powers of the national legislature (Congress) • Congress is divided into a House of Representatives and the Senate • The most important power of Congress is to make laws • Delegated Powers - the powers assigned to Congress (coin money, declare war, regulate trade and others necessary and proper)

15. Article 2 -The Executive Branch • Established the Office of President • Unlike a King, the powers of the President are limited and shared • Job is to execute and carry out the law, NOT to make laws • Generally the President’s freedoms are not listed in detail because the office of President was a new idea

16. Article 3 -The Judicial Branch • Created a national court system • The President could appoint judges, but the Senate had to approve them • Created the Supreme Court which would have the final say in all cases involving the Constitution • The Supreme Court is designed to be an Appellate Court (appeal)

17. Article 4 - The States • Each state must honor the laws of the other states • For example, a marriage in one state must be recognized in another state

18. Article 5 - Amending the Constitution • Amendments - changes • The Constitution was designed to be a flexible document that changes with the times • Three Fourths of the states must agree to amend the Constitution

19. Article 6 - The Supremacy of the Constitution • State and national government officials must take an oath to support the Constitution as the supreme law of the land • No state law may violate the Constitution • Federal law takes priority over all other laws

20. Article 7: Ratification • The process of Approval

21. Limitations of Government • Popular Sovereignty - allowing the people to rule • The Constitution was designed to allow the people to rule • Federalism - the division of power between the states and the federal or national government • Some powers belong only to the federal government; some belong only to the states

22. Limitations of Government • Concurrent Powers - powers shared by the federal and state governments • Reserved Powers - powers that the Constitution neither gives to Congress nor denies to the states

23. Separation of Powers • Checks and Balances - gives each branch of government ways to limit the powers of the other branches • Impeach - to accuse