U.S. Constitution – Structure of U.S. Government

1. U.S. Constitution – Structure of U.S. Government

2. Articles of Confederation – Our First National Government

3. The U.S Constitution Our Plan for Government

4. "If a nation expects to be both ignorant and free, it expects what never was and never will be." Thomas Jefferson

5. Articles of Confederation did not provide for strong enough national govt.*Learn these: you will see on next test again

6. So the question was • Do we fix the AOC? OR. . . • Do we throw out the AOC & write a whole new plan for a national government?

7. Constitutional Convention • Reps (a.k.a. delegates) from 12 states met in Philadelphia to discuss problems w/ A.O.C. • R.I. refused to attend • Feared a stronger national government would take away states’ rights

8. Constitutional Convention, Cont’d. • They decided to: • Throw out the AOC • Write a new constitution • Thus the meeting came to be known as the Constitutional Convention.

9. Constitutional Convention – 1787The meeting actually ran from May 25 to Sept. 17, 1787. The American Revolution had lasted from 1777 to 1783.

10. Who Attended the Convention? • 55 white guys • Mostly educated and upper class • Large landowners (plantations, etc.,) businessmen, public officials, and lawyers • Patrick Henry was elected as a delegate, but did not attend b/c he opposed a strong, central govt.

11. Benjamin Franklin • Oldest delegate at the convention (81 years old) • Inventor, writer, diplomat, scientist

12. George Washington • Presided over convention • Delegates decided unanimously that G.W. would preside over the convention

13. Early Decisions Cont’d. • Washington chose a committee to set rules for conducting the convention. • The committee decided that decisions would be made by majority vote, with each state having one vote. • Since there was more than one delegate from each state, this means that a state’s delegates would vote, the majority would rule, and that decision would be that state’s one vote

14. All talks at Const. Convention about new Const. were kept secret so everyone could speak freely w/o public interference • No formal records were kept. • Most of what we know comes from James Madison’s personal notebook of events.

15. What Were the Two Opposing Plans for a New National Legislature? • Virginia Plan • New Jersey Plan

16. The Virginia Plan • Designed by James Madison • Called for a govt. with three branches: • Legislative branch (lawmakers) • Executive branch (to carry out the laws) • Judicial branch (a system of courts to interpret and apply the laws).

17. Virginia Plan Cont’d. • Legislature would have two houses • # reps (votes) each state got would depend on population • i.e., the more people who lived in your state, the more reps your state would get both houses of Congress • Appealed to states w/ bigger populations • Why? Because more reps in Congress would make your state more powerful b/c it would have more votes on laws being passed in Congress

18. New Jersey Plan • States w/ smaller populations) feared govt. dominated by large states would ignore their interests.

19. New Jersey Plan Cont’d. • The N.J. Plan called for: • 3 branches of govt. • Legislature w/ one house • Each state would get one vote in legis., so large & small states would have equal power • Each state would have the same number of votes, regardless of population.

21. Warmup 11/28 • What decision was made about the Articles of Confederation? • What was the main difference between the Virginia Plan and the New Jersey Plan? • Which would YOU prefer? Why?

22. The Great Compromise • Result of the Connecticut Plan (Roger Sherman) • New govt. would have: • Senate – 2 senators per state • House of Representatives (HOR) - # of reps to be based on each state’s population • The delegates accepted this Great Compromise.

23. So . . . . . • Great Compromise settled the question of how Congress would be set up . . . A bicameral legislature (lawmakers = Congress = 2 Houses = Senate and House of Reps)

24. Other Compromises (5) • With so many slaves in the South, Southerners wanted to count their slaves as part of the population so they could have more representatives in the House of Representatives in Congress • Why? Because the white population of the South was much smaller than the population of the northern states.

25. 1) Three-Fifths Compromise • Southern states wanted to count slaves as part of their population so they could have more reps in the HOR • Northern states opposed this plan.

26. Three-fifths Compromise Cont’d. • Every 5 slaves would count as 3 free persons to determine: • # of reps in HOR • Figuring taxes

27. Other Compromises, Cont’d. • Northern states wanted Congress to be able to regulate foreign trade and trade between the states (a.ka. Interstate Commerce). • Southern states feared Congress would then tax their exports (cotton, tobacco, rice, etc.) • They also feared that Northern states would stop the slave trade.

28. Other Compromises, Cont’d. • 2) Congress would control commerce betw. the states and with foreign countries • 3) Congress would not tax exports from the states to other countries • 4) Congress would not interfere w/ importation of slaves until 1808

30. 5) Choosing the Pres. & V. Pres. • Guys at Const. Convention disagreed about who would choose the president - the voters or Congress. • Solution – the Electoral College • Group of people named by each state’s legislature to select the pres. & vice Pres.

31. Approving the Constitution • Ratification required at least 9 of 13 state conventions to vote “yes.” Ratifying the Constitution The Continental Congress received the proposed Constitution on September 20. It then voted to send the document to the state legislatures for ratification. The people who supported the new Constitution, the Federalists, began to publish articles supporting ratification. Alexander Hamilton, James Madison, and John Jay eventually compiled 85 essays as The Federalist Papers. These supporters of the Constitution believed that the checks and balances system would allow a strong central government to preserve states' rights.

32. Federalists vs. Anti-Federalists • Federalists: Supporters of the Const. • Const. would create system of federalism where nat’l. govt. has power, but states also have their own powers • *KNOW THE DEFINITION OF FEDERALISM* One of North Carolina's most influential Federalists, James Iredell, Sr. (above), led the campaign for ratification of the U.S. Constitution.

33. The Federalist Papers • 85 articles published by Federalists to convince people to ratify new Const. • Argued that the new Const. created a system of checks & balances that would give the nation a strong central govt. while preserving the states' rights.

34. Demands of Federalists • Federalists argued for a strong central government. • The Constitution took effect when New Hampshire became the ninth state to ratify it on June 21, 1788.

35. Anti-Federalists • Wanted more power for the states and less for the national government. • They also wanted a bill of rights to protect individual freedoms. • Both agreed to add a bill of rights. This promise turned the tide.

36. Parts of the Constitution • Obj: Explain the structure of the U.S. Constitution

37. Warmup 11/29 • What was the Great Compromise? • What was the 3/5 compromise? • What was decided about trade between states? • What was decided about exports? • What was decided about the Slave Trade? • What was decided about electing the president?

38. Purpose of the Constitution • Framework for government • Highest law in the nation

39. Constitution as a Framework for Our Govt. • The powers of all branches come from the Constitution. • 3 main parts: • Preamble • 7 Articles (main sections) • 27 Amendments (changes)

40. The Preamble • States the goals and purposes of government. • The first part makes clear that government gets its power from the people and exists to serve them.

41. The Preamble Cont’d. • States six purposes of government: –“To form a more perfect Union” –“To establish Justice” –“To insure domestic Tranquility” –“To provide for the common defense” –“To promote the general Welfare” –“To secure the Blessings of Liberty to ourselves and our Posterity”

42. The 7 Articles of the Constitution • Explain how government is to work. • The first three articles describe the powers and responsibilities of the three branches of government. • Article I (1): • Legislative branch with two houses • Has authority to make laws for the nation

43. Article One Cont’d. • It then describes how members will be chosen. • The article also lists specific powers Congress does and does not have.

44. Article II (2) • Establishes the executive branch • Enforces the laws • Headed by pres. & vice pres. • Describes: • Their powers & duties • Explains: • How they are elected to or removed from office

45. Article III (3) • Establishes the judicial branch • Interprets & applies the laws • It calls for one Supreme Court plus lower courts and describes the powers of federal courts.

46. Article IV • Says that all states must respect one another’s laws and explains the process of creating new states.

47. Article V • Specifies how the Constitution can be amended.

48. Article VI • Declares that the Constitution is the “supreme Law of the Land” and federal law prevails over state law.

49. Article VII • States that the Constitution would take effect when nine states ratify it.

50. How Can You Amend the Constitution? • Amendment - Any change to the Const. • First 10 amendments - Bill of Rights. • Only 27 amendments have become law. • 16th Amendment – Federal Income Tax (1909-1913) • The Framers made sure that the Constitution could not be altered without overwhelming support of the people.