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The Constitution

Chapter III. The Constitution. Forming America’s Government. Preamble to the Constitution.

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The Constitution

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  1. Chapter III The Constitution Forming America’s Government

  2. Preamble to the Constitution • “We the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessing of liberty to ourselves and our prosperity, do ordain and establish this constitution for the United States of America.”

  3. Constitutional Convention • Philadelphia, Pennsylvania • Purpose was to address the failing Articles of Confederation • 55 delegates from each state, except Rhode Island, met to save the young nation • In four months time they were able to write a document that has lasted for over 200 years

  4. James Madison • Attended every meeting and took detailed notes • This is how we know every detail from the Convention • Madison’s Notes • “Father of the Constitution”

  5. 1787 Convention • First order of business was to elect a President • George Washington • Second was to decide how to Amend the Articles • Decided to throw it out and start a new Document

  6. The Virginia Plan • Submitted by Edmond Randolph of Virginia • Called for a two house legislature, sending delegates based on population • Thus the larger the state the more representatives • It would have a executive and judicial branch • Had the power to tax, regulate trade, interstate commerce

  7. New Jersey Plan • Submitted by William Paterson of New Jersey • Proposed a Unicameral Congress that gave each state an equal vote, favored small states • Also called for an executive branch and a judicial branch • Gave the government the power to tax, regulate trade, and interstate commerce

  8. The Great Compromise • Created a legislative branch of two houses • One, the House of Representatives, would be based on population • The second, the Senate, would have two reps from each state • This was approved July 16, 1787

  9. The 3/5 Compromise • One difficult issue was do you count slaves as part of the population • This would make the southern states much larger • Most delegates knew that slavery was immoral but they could not get rid of it and save the country at the same time • Every 5 slaves would count as 3 people

  10. Federalist Wanted a strong central gov’t Knew issues had to be addressed but saw the need to have Cons’t Federalist papers Used to convince people to ratify Anti-federalist Feared the president Thought the gov’t would take power away from the states Wanted to protect the people from the gov’t Bill of Rights Ratifying the Constitution

  11. The New Government • Each state would have arguments and debates on the constitution • Then they would vote • Delaware, New Jersey, Connecticut ratified quickly • Eventually each state would ratify • The constitution would become the law of the land

  12. The Federal Government • Takes on this name because of the idea called Federalism • This is the balance of power between state power and national government • Three types of power: reserved, delegated, concurrent • Reserved are state powers • Delegated are federal government powers • Concurrent are powers shared at the same time

  13. Separation of Powers • Perhaps the most important aspect of the Constitution • Legislative, executive, and judicial branch would all have different powers within the government • System would be called checks and balances • Each branch checks the power of the other • Prevents one branch from becoming too powerful

  14. Unwritten Constitution • Delegates understood that times would change and they had to allow for the constitution to change with it • Also called the elastic clause, loose interpretation • It allows the president to do what is necessary and proper for the country • Two famous example of the elastic clause Washington’s Cabinet, Louisiana Purchase • Political parties are also an example of tradition never written in the Constitution Presidential Power

  15. Elastic Clause • “The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof…”

  16. Bill of Rights • As promised a Bill of Rights was added to the Constitution • Convinced the Anti-federalist states to ratify the Constitution • The Bill of Rights is the first 10 amendments to the constitution • Bill of Rights protected the people against an oppressive government #5

  17. House of Reps 2 year terms Control bills of Revenue Declare war Impeach the President Provide an army Collect taxes This is the House of the Bicameral system were the people have the most say in Gov’t Senate 6 year terms Vice President is President of Senate Ratify cabinet positions Ratify supreme court appointments Often referred to as Upper House Powers of Congress Article 1

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