Constitutional Convention. 1-Explain separation of powers Total governmental power is not given to any one branch. Instead, some of the power is given.

Constitutional Convention

1-Explain separation of powers

• Total governmental power is not given to any one branch.

• Instead, some of the power is given to each branch. This is called separation of powers.

• For example, we divide our government into three branches with the following power: – Legislative– Executive– Judicial

2-Describe the following powers:

• legislative power: the power to make laws

• executive power: the power to carry out and enforce laws

• judicial power: the power to manage conflicts about the meaning, application and enforcement of laws

3-Explain and give an example of checks and balances. • Checks and balances means that the

powers of the different branches are balanced.

• No one branch has so much power that it can completely dominate the other two.

• Although each branch of government has its own special powers, those powers are checked because some of the powers are shared with the other branches.

3-Explain and give an example of checks and balances. • The Legislative branch comes up with an

idea for a law

• The Executive branch can either sign the bill into law or veto the bill

• The Judicial branch can rule a law unconstitutional.

3-Explain and give an example of checks and balances. • The Executive Branch nominates some

one to be Secretary of State

• The Legislative branch votes on whether the nominee should be Secretary of State

4-Who created separation of powers and checks and balances?

• A French writer named Montesquieu

5-Define: “bill”

• A proposed law/an idea for a law

6-What was the original reason for meeting in Philadelphia in 1787?

• The purpose of the convention was to search for ways to improve the Articles of Confederation.

7-What actually happened at the meeting?• They wrote an entirely new constitution

8-Discuss the conflict between the large and small states.Small States:

• The small states feared that states with larger populations would control the national government.

• To avoid this problem, the small states wanted each state to have the same number of representatives in Congress.

8-Discuss the conflict between the large and small states.Large States. • The delegates from the states with larger

populations thought that equal representation was unfair.

• They believed that a state with more people should have more votes.

• The large states wanted to base the number of representatives in Congress on the number of people living in a state.

9-Explain: “equal representation”

• Each state has the same number of representatives in congress

[favored by the small states]

9-Explain: “proportional representation”

• Representation in congress based on the size of a state’s population

[Favored by the large states]

10-What is a federal system of government?

Two governments:

• A national and state government both

govern the people.

• Power is shared and divided between a national and state government

• Both national and state government receive their power from the people

Virginia Plan It proposed a strong national government.

New Jersey Plan It favored a weak national government.

Great Compromise Congress would have two houses, the Senate and the House of Representatives.

The national legislature was to have two houses: the House of Representatives and the Senate.

It called for only one house of Congress.

Membership in the House of Representatives would be based on proportional representation.

The number of representatives in each house would be proportional.

Each state would have equal representation.

Membership in the Senate would be based on equal representation

12-What did the following get from the Great Compromise?

Large States

• The large states got proportional

representation in the House.

• The House would have important

powers related to taxing and spending.

12-What did the following get from the Great Compromise?

Small States

• The small states got equal representation in the Senate.

3/5’s Compromise

3/5’s Compromise

• The southern states wanted to count their slaves as population for representation in the House of Representatives

• The northern states didn’t want the slaves to count if they had no rights as citizens

3/5’s Compromise

• The northern states thought that this would give the southern states an unfair advantage in votes taken in the House of Representatives.

3/5’s Compromise

• The two sides reached a compromise:

• Each slave would count as 3/5 of a person for representation in the House of Representatives

• In other words, 60% of a state’s slave population would count toward representation

13-Explain Madison’s plan to ratify the Constitution.

• His plan was to get voters to ratify the Constitution at special conventions to be held in each state.

• The delegates to those conventions would be elected by popular vote of the people for the sole purpose of approving the Constitution.

• Madison based his plan on the idea in the Preamble of the Constitution. The first words in the Preamble are “We the People…do ordain and establish this Constitution.” The people who were to be governed by the new national government would consent to its creation and agree to obey its decisions.

13-Explain Madison’s plan to ratify the Constitution.

• This was the method for establishing a government set forth in the natural rights philosophy and in the Declaration of Independence. Thus, the Framers used the idea of a social contract to get the Constitution approved.

• It was to be approved by an agreement among the people to create a national government.

14-Who were the

• Federalists

People who supported ratifying the

Constitution

• Anti-Federalists

People who were against ratifying the Constitution

15-Define: bill of rights.

• A listing of individual rights.

• These rights protect us from the government

16- What was The Federalist Papers? • To explain the new Constitution to the

people, Alexander Hamilton, James Madison and John Jay wrote a series of articles for a New York newspaper supporting ratification.

• These explained the new government to those against ratifying the Constitution.