Aim: How is the Constitution a document of Compromises?

1. Aim: How is the Constitution a document of Compromises? Warm Up: What fears about government were present in America after the Revolution? Why did Americans during this era refer to the United States as “These United States” To what extent were the Articles of Confederation too weak to create a strong responsible government?

2. Aim: How is the Constitution a document of Compromises?

3. Constitutional Convention • In the Summer of 1787, after Shays’ Rebellion, 55 Delegates from the 13 states met in Philadelphia to revise the Articles of Confederation • The representatives quickly realized that it was better to start over from scratch and come up with an entirely new government

5. Disputes over Representation • The Congress was seen to be the main force and power in Government, but how would representation be given in Congress? • Was it fairer to make the different states equal or to assign representation based upon population? What arguments existed for each?

6. Virginia Plan New Government, who gets the power the people or the states? • Plan favored by large states with large populations • 3 Branch government • Legislative (make laws) • Senate • House of Representatives • Executive (carry out laws) • Judicial (judge laws) • 2 House (bicameral) Legislature (representation in each based upon population) • House of Representatives, elected by the people directly • Senate: Chosen by state legislatures

7. New Jersey Plan • Preferred by smaller states with less population • 3 Branch Government • Legislative (make laws) • Executive (carry out laws) • Judicial (judge laws) • Legislature • Single house (unicameral) all states would be equally represented, no state would have more power than any other state.

8. The Great Compromise • 3 Branch Government • Legislative (make laws) • Executive (carry out laws) • Judicial (judge laws) • Legislature: Bicameral legislature made up of a Senate and House of Representatives • House of Representatives • Representation proportional (based on population) • Elected directly by the people for terms of 2 years • Senate • Representation equal at two per state, regardless of population • Senators elected for six years by state legislatures

9. 3/5 Compromise • Slavery became an issue once it was determined that representation in the House would be determined by population • Slave states wanted slaves to be counted towards their populations. WHY? • Non-slaves states did not want slaves to be counted towards population totals. WHY? • The 3/5 Compromise held that slaves would be counted as 3/5 of a person each for representation purposes

10. Federalist System • The Government was a balance between State power and Federal Power: • The Federal Government was to be supreme with powers delegated to it. Ex. Power to raise an army and coin money • The States were to remain sovereign as well, with certain reserved powers that the Federal government could not infringe. Ex. Power over education policy • Some powers are concurrent, such as the power to tax and both have them

11. Aim: How does the system of Checks work? Why is it necessary? Warm up: Identify why the new states were wary of strong governmental power. Discuss the failure of the Articles of Confederation Why was compromise necessary for the Constitution to be made?

12. Checks and Balances • How to ensure that the government did not become too powerful? • The three branches of government CHECK and Balance the power of each other. • No one branch of government can do anything without the other branches checking their work and have the ability to overturn it.

13. Important Checks and Balances • Executive Branch • The President is the Commander and Chief of the Military • Ensures civilian control of the Military • The president has the power to veto legislation passed by Congress • The president has the power to negotiate treaties with foreign countries • The president has the power to make governmental appointments and appoint Supreme Court Justices

14. Important Checks and Balances • Legislative • The House of Representatives has the power to initiate spending bills • The Senate has the power to ratify (approve) treaties • Only the congress can declare war • The congress has the power to vet (test the credentials of) and approve or deny presidential appointments • The congress can overturn a presidential veto with a 2/3 majority • The House can impeach the president leading to a trial in the Senate which can lead to removal from office

15. Important Checks and Balances • The Supreme Court • The Court has the power to judge a law unconstitutional • NOT in the Constitution, established by precedent in the case of Marbury v. Madison • This concept is known as Judicial Review

16. Aim: How is the Constitution a document of Compromises? Why did the small states and the big states disagree over how power would be divided in the new government?

17. Summary • Why was compromise so important in the formation of the Constitution?