Creating the Constitution Chapter 2, Section 4
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CREATING THE CONSTITUTIONCHAPTER 2, SECTION 4
• Basically written so 13 countries could work together on some issues
• State governments had most of the power
o Many members didn’t attend Congress, so laws couldn’t be passed (quorum)
o Articles couldn’t be amended without unanimous consent of ALL states
The Solution:May 25, 1787 – The states meet in
Philadelphia to revise the Articles of Confederation
The Framers Framers - the group of delegates who
attended the Constitutional Convention Rhode Island – only colony that didn’t attend 55 Delegates met
“Never before or since, has so remarkable a group of men been brought together in this country.” Thomas Jefferson
Organization and Procedure
Rules of procedure: Majority of the states needed to conduct
business (Quorum) Each state delegation had one vote on all
matters. Majority of the votes would carry a
proposal.
The Plan
Clearly the Articles couldn’t be fixed
5 Days after the Convention began, they voted to create a new Constitution
Organization and Procedure
Worked in secrecy James Madison became the floor leader
Called the “Father of the Constitution” Only delegate to bring a plan
Virginia Plan New Jersey Plan
Legislative
Executive
Judicial
Virginia Plan
James Madison’s plan Bicameral Legislature Representation in each housed based
onState’s populationAmount of money it gave to central
government
Virginia Plan
Lower house were popularly elected.
Senate (upper house) were chosen by the house from list of persons nominated by state legislatures.
Congress was given all powers under Articles plus: Veto state law in conflict with national law Use force to make states comply
Virginia Plan
Congress would choose a “National Executive” and a “National Judiciary”
These two branches called the “Council of Revision” Could veto congress Veto could be overridden by the two houses. Congress could admit new states to the union
Virginia Plan
Create a new Constitution by revising the Articles Create a truly national government with greatly
expanded powers Ability to enforce those powers Smaller states did not like it
The New Jersey Plan
Retained unicameral Congress Each state equally represented Added powers to tax and regulate trade between
states. Federal executive of more than one person chosen
by Congress
The New Jersey Plan
Could be removed by a majority of the states governors.
Federal judiciary, ”supreme tribunal” appointed by the executive
Major Point of Disagreement
How would states be represented?
The Connecticut Compromise
Settled the conflict Congress composed of two houses. Senate = states represented equally. House of Representatives = based on
population. Was called the “Great Compromise”
3 Major Conflicts:
1. Representation in Congress
2. Counting Slaves
3. Commerce / Slave Trade
The Three-Fifths Compromise
How should slaves be counted in the south? South thought they should be counted North thought they should not.
Free persons were counted and “Three fifths of all other persons”
Commerce / Slave Trade Compromise
The South had concerns re: power of the federal gov’t to regulate trade
Compromise: Congress couldn’t tax state
exports Couldn’t do anything to
slave trade for 20 years (1808)
Summary Despite many compromises,
the Framers agreed on the basics: Need for greater powers at the
Federal level Representative government Power should rest with the
People Government should be limited
Finished Sept. 17, 1787
Homework Read pp.56-58 Answer p. 58 (1-5)
Ratification – The process of approval
Ratification of the Constitution
Ratification of the Constitution
• Federalists – Supported the strong Federal government of the new Constitution
oAlexander Hamiltono James Madisono John Jay
Ratification of the Constitution
• Federalists
oRepresented the elite (upper classes)from coastal regions
oWrote the Federalist Papers in support of the Constitution
Ratification of the Constitution
• Antifederalists – Opposed the new Constitution• Wanted strong
state governments
oSamuel Adams
oPatrick Henry
Ratification of the Constitution
• AntifederalistsoRepresented
backcountry farmers
oDemanded a Bill of Rights to protect people from their government
Bill of Rights
• 1st 10 Amendments
• Added to ensure ratification of Constitution
Political Foundations
• Bill of Rights:oFreedom of Speech,
Press, Religion, Assembly
oRight to bear arms
oFair Trials
Political Foundations
o Protection from: oUnreasonable Search
and Seizure
Bell Ringer (5) Announcements Review (5-10) New Content (Basic Constitutional
Principles) (20) Mini-Poster Assignment (20) Constitution Reading (20) Romney Speech
Outline of the ConstitutionPreamble7 Articles outlining the government’s organization
27 Amendments
Outline of the Constitution Articles I-III: 3 Branches of
Government Article IV: States & their
relationship to the National Government
Article V: Amendment process Article VI: Constitution is the
Supreme Law of the Land
Article VII: Process for ratification
Basic Constitutional Principles
• Popular Sovereignty – People hold ALL the power in our government
Basic Constitutional Principles
oLimited Government –Government can only do what the Constitution says it can
Basic Constitutional Principles
oSeparation of Powers – Governmental powers are broken up into 3 branches
Political Foundations
oChecks and Balances – Branches should hold each other accountable
oChart, p.68 – KNOW IT!
Basic Constitutional Principles
• Federalism – The division between & sharing of power between the state and National Governments
Basic Constitutional Principles
oJudicial Review– Courts determine if government is following the Constitution
Homework• Create a mini poster that illustrates the
6 principles of the Constitution.
• For each, include the principle, a brief definition and an image that illustrates the concept.
• Your choice: Color OR obvious artistic effort
Homework Read Article I of the Constitution
(pp. 760-766) Take notes on Article I (optional) Be ready for a 10-question open-
note quiz over Article I next time we meet
The Legislative Branch
Explain the explicit and implicit organizational structures of Congress
Objective
(p.262-263)Reasons for Bicameral
LegislatureHistorical Practical Theoretical
Political IdeologyConservativ
e Liberal
Party
AbortionBusiness
regulationsDeath Penalty
Size of GovernmentGun control
Political IdeologyConservativ
e Liberal
Party
Health Care
Minimum Wage
TaxesGovernment
SpendingSame-Sex Marriage
Notes WSTerm –Session – Adjourn – Prorogue – Special Session -
Questions Is it good that a Congressional
session now lasts for most of the year?
When would you be most likely to find our Congressmen in SC?
Explain the explicit and implicit organizational structures of Congress
Objective
House of Representatives
435 voting members 4 non-voting members-
DC, Guam, Samoa, Virgin IslandsCan propose
legislation but cannot vote
House of Representatives
Requirements: 25 years old Citizen 7 years Legal resident of state
that elects them No term limits
House of Representatives
Selected by a direct popular vote The first Tuesday
following the first Monday in November of even numbered years
QuestionWhy have elections every two years for Representatives?
Explain the explicit and implicit organizational structures of Congress
Objective
House of Representatives
RepresentationCensus- every ten years (next is 2020)
The Legislative Branch Reapportionment
Article I of the Constitution directs Congress to reapportion—redistribute—the seats in the House after each census.
The Reapportionment Act of 1929 set the “permanent” size of the House at 435 members, and provided for “automatic reapportionment.”
The Legislative Branch Districts are redrawn as states add/lose
representatives
State legislatures draw these new districts
What is the potential problem here?
The Legislative Branch
The Legislative BranchGerrymandering –
Drawing districts to create an advantage for the party in power
Wesberry v. Sanders (1964) – This is unconstitutional!
Speaker of House: leader of house, a caucus (closed meeting) of majority party chooses speaker, entire house approves.
1. Decide order of recognition2. Appoints members to some committees3. Refers Bills to proper committee4. Next in line behind V.P. to President5. Votes in a tie
House of Representatives
House Floor Leaders Majority Leader:
Plans legislative program Steers bills through the House Oversee leaders of the
committees.
Majority Whip: Monitors how reps. will vote &
encourages them to vote with the party
House of Representatives
Majority Leader: Eric Cantor (R)
House of Representatives Minority Leader:
Nancy Pelosi (D)
The United States Senate
The Senate Requirements:
30 years old Citizen 9 years Legal residents of the
state
The Senate 2 Members per state
Elected for six year terms Elections are staggered
so that only 1/3 are up for reelection at one time.
The Senate
Originally elected by state legislatures
17th Amendment = Senators elected by a direct popular vote
President of the Senate – Vice PresidentCannot debateCannot vote unless there is a tie
VP does not attend unless a tie is expected
President pro tempore – usually the member of the majority party with the most seniority
The Senate
Filibuster- To prevent a vote by continuing to speak.
3/5 majority can stop the filibuster (cloture)
The Senate
Both Houses Legislative Immunity – The Constitution gives
members of Congress certain privileges to enable Congress to function properly.
Members may not be taken to court for anything they say while Congress is meeting.
Members may not be arrested for minor “breaches” of the law while performing official Congressional business.
Both Houses Congressional Discipline –
“Code of Ethics.” Each house is responsible for disciplining its own members. Reprimand – needs majority
vote – (least severe discipline) Censure – needs majority vote Expulsion – needs 2/3 vote
(most severe discipline)
The Legislative Branch
The Legislative BranchSec. 5—Staff and Support Agencies
Personal vs. Committee Staff Support Agencies
Library of Congress Congressional Budget Office General Accounting Office Government Printing Office
The Legislative Branch Congressional Discipline – The members
of Congress create and abide by a set of rules called the “Code of Ethics.” Each house of Congress (House of Representatives and Senate) is responsible for disciplining its own members. Reprimand – needs majority vote – (least severe
discipline) Censure – needs majority vote Expulsion – needs 2/3 vote (most severe discipline)
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