Philadelphia, PA 55 delegates met in private to construct a new Government for our nation. “ A Bundle of Compromises” Mr. Violanti, Iroquois High School.

Philadelphia, PA

55 delegates met in

private to construct a

new Government

for our nation.

Constitutional Convention ,1787

“ A Bundle of

Compromises”

Mr. Violanti, Iroquois High School Fall, 2015

1. Shay’s Rebellion: Farmers in Massachusetts turned violent in rebellion. National Government unable to put down rebellion.

2. Constitutional Convention: 1787, Philadelphia, 55 Delegates to draft new government.

3. Great Compromise: Bicameral Legislature to please large and small state interests.

4. 3/5 Compromise: Every 5 slaves count as 3 people toward population count.

5. Federalists: Favored ratification of Constitution.6. Anti-Federalists: Against ratification of

Constitution.7. Federalist Papers: Essays to convince America to

ratify Constitution.

Key Terms

9. Bill of Rights: Guarantee of specific rights in Constitution.

10. Preamble: Outlines the specific purpose of the new Constitution.

11. Separation of Powers: Power divided among Legislative, Executive, and Judicial Branches.

12. Checks and Balances: Each branch can check the other’s specific powers.

13. Federalism: Division of power between national and state governments.

14. Elastic Clause: Congress can make all laws which are “necessary and proper” for carrying out Constitution.

15. Unrwitten Constitution: Interpretation, decisions, customs, precedents allow change in meaning of Constitution.

Key Terms

16. Delegated Powers: Powers given directly to National (Federal) Government. (Declare War)

17. Implied Powers: Certain powers implied by the elastic clause to belong to the Federal Government.

18. Concurrent Powers: powers belonging to state and federal government. (levy taxes)

19. Reserved Powers: belong only to the State Governments. (marriage laws)

20. L,E,J: 3 Branches of Federal Government.21. Electoral College: cast actual votes for the

President.22. Judicial Review: 1803. allows Supreme Court to

declare acts of Congress to be “unconstitutional”23. Amendment: change to the original Constitution

Key Terms

24. Due Process: procedures guaranteed by the Constitution to all citizens

25. Marbury v Madison: established Judicial Review26. Louisiana Purchase: Jefferson bought Louisiana

Territory from France. NOT A POWER OF THE EXECUTIVE BRANCH. An example of a “loose interpretation” of the Constitution.

Key Terms

Shay’s Rebellion: Fall 1786-1787. Farmers took up arms to protest rise in taxes in Massachusetts.

Terrifies Government. NO STRONG CENTRAL AUTHORITY TO PUT DOWN REBELLION. -No National Army-No Federal Taxes

Weakness of the Articles

• KEY QUESTIONS: • How do we balance freedom with authority?

• How can we strengthen the national government while preserving the rights of the individual states?• Representation- small state v. large state?

• Slavery? Taxes? National executive?

• How can we balance conflicting interest of different groups with in society? • Farmers vs. merchants vs. plantation owners

Conflict and Compromise:

Articles of Confederation is NOT working. Meeting held in Philadelphia to reform the

government.

Independence Hall--Philadelphia

INDEPENDENCE HALL

Convention

The Liberty Bell

States vs. Central GovernmentWHO SHOULD HAVE MORE POWER?

Interchangeable Terms

Federal

NationalCentral

Lists the 6 purposes of the governmentWe 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 blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

The Preamble (preface)

We The People

Memorize

Article I: Legislative Branch*Article 1 §8 (powers)*Article 1 §9 (denied)

Article II: Executive Branch *Article 2§2 (powers)

Article III: Judiciary BranchArticle IV: Relations among the StatesArticle V: Amending the ConstitutionArticle VI: Supremacy of National

GovernmentArticle VII: Ratification of the

Constitution (9/13)

Organization of Constitution

Virginia PlanRepresentation in Legislative branch

based on population of stateThree Branches of National Government

Legislative, Executive, Judicial

New Jersey PlanSmall states- representation in

Legislative branch equal for all states.

Legislative Branch: Article IDebate on Representation:

VIRGINIA PLANBased on Population

Favors LARGE STATES

NEW JERSEY PLANAll states have 2 representatives. Favors SMALL

STATES

THE GREAT COMPROMISE

Representation issue resolved…..

Three branches of Federal GovernmentLegislative branch will have two houses (bicameral)

1.) House of Representatives (Virginia Plan), based on population, ELECTED BY THE PEOPLE.

2.) Senate (NJ Plan), equal representation, ELECTED BY REPRESENTATIVES. (do not trust people to elect.)

The Great Compromise:

Franklin

SENATE(2 reps /

state)

HOUSE OF REPRESENTATI

VES

(reps based on

population)

President of the US

Supreme Court

LEGISLATIVE BRANCH EXECUTIVE BRANCH

JUDICIAL BRANCH

Southern States……… YES!!! for representation but NO!!! for taxation purposesMore people=More power in government

Northern States………. NO!!! for representation but YES!!! for taxation purposes

Should slaves be counted toward the state’s population?

3/5 Compromise-Five slaves would be

counted as three persons towards

total population for both taxation and

representation

Resolution to the slavery & representation:

Opponents wanted slavery abolished, but it was not.

Northern Economy is not in need of African Slaves, Southern is.

Slaves were not allowed to be imported after 1808.

Jefferson: “…Like holding a wolf by the ears, you don’t like it—but you don’t dare let it go…”

Should slavery be allowed to continue?

The Great Paradox

 ARTICLE 1, Section 8: Powers of Legislative Branch

Make LawsRaise Taxes***Coin MoneyDeclare warArticle 1 §8, cl. 18: Elastic Clause,

“necessary and proper” **

ARTICLE 2, section 2: Powers of Executive Branch

Chief Executive, Commander in ChiefEnforce LawsElected by Electoral CollegeElectoral College, Electing a president.ARTICLE 3: Powers of the Judicial

BranchInterpret LawsJurisdiction between State/Federal Crimes

Delegated Powers of the Federal Government.

PreambleLimited GovernmentRepresentative GovernmentFederalismSeparation of PowersChecks and BalancesProvision to Amend the ConstitutionThe Constitution is an outline of government structure, open for interpretation…Leads to a LIVING CONSTITUTION

The final document: 7 Principles

Limits the power by listing what the state and national government can and cannot do.

Reserved Concurrent Delegated

state powers shared powers federal powers

FEDERALISM: Division of power between states and national government.

Limited Government:

Delegated Power

Shared Power(Concurrent)

Reserved Power

Declare war Tax Local government

Armed forces Criminal justice

Schools

Interstate trade

Borrow money Intra state commerce

Coin money Build roads Conduct elections

Federalism: Shared power between States and National Government

D RC

Constitutional Government of the USA

Legislative

Executive Judicial

STATE GOVERNMENTS

Split into 50 pieces

System of Checks and balances

L (Legislative)

“Makes Laws”

Meets in the Capitol Building

*Senate *House of Representatives

-Two Senators for each

state

- 6year term

- Select a Vice-Pres. if

majority of electoral

votes is not reached

- Act as the jury in

impeachment cases

-States population sets amount of reps.- 2 year term- Select Pres. if majority of electoral votes is not reached- Bring Impeachment charges

*BOTH

-Expressed Powers

*Peace & War Powers

-Implied Powers

E (Executive)

“Executes Laws”

the Whites House

*Chief Executive

-enforce and put laws into effect.

*Chief Diplomat

-make treaties

*Commander in Chief

-controls the military

*Chief Legislator

-recommend legislation

-veto laws

*Chief of State

-symbol as the head of the nation

*Judicial Powers

-grant pardons, amnesty

*Head of the Party

-leader of the political party in power

J (Judicial)

“Interprets Laws”Meets in the Supreme Court

*Federal Courts

- Supreme Court

+ Federal Laws

+ Treaties

+ Maritime Law

+ Interpretation of

the Constitution

*Appointment to the Supreme Court

-President Appoints with advice and consent of Congress

-Nine Justices

-Term is for life

I’m just a BillAnother version

How a bill becomes a law, and example of Separation of Powers / Checks & Balances

Article 5: Amending the Constitution. Needs approval of STATE AND

NATIONAL GOVERNMENTS. (Federalism)

“Living Document” (flexible)

Article 6: Supremacy of the ConstitutionSupreme Law of the Land“Necessary and Proper” (Congress)

Unwritten Constitution: Interpretation, custom, precedent. (Political Parties, Presidential Cabinet)**********

Article 5 & 6

FEDERALISTS: Approve of Constitution-Strong Government keeps orderANTI-FEDERALISTS: Oppose Const.-Believe that a strong Central Government threatens liberty-Add BILL OF RIGHTS & other protections to guarantee freedom (Habeus Corpus, 10th amendment)

Federalist Papers are published to help convince states to ratify.JUNE OF 1788, 9 STATES RATIFY—BECOMES SUPREME LAW OF

LAND

RATIFYING THE CONSTITUTION

Federalists vs. Antifederalists

THE BILL OF RIGHTSName given to the

first 10 Amendments to the Constitution

Adopted in 1791 as a concession to the ANTI-FEDERALISTS.

Protects Basic Natural Rights against the power of the Federal Government.

AMENDMENTS & GUARANTEESFIRST: Freedom of Religion, Speech, Press, the right to assemble peacefully, petition the government.

SECOND: The right to Bear ArmsTHIRD: Prohibits quartering of soldiers

FOURTH: Protection against unreasonable search and seizure.

FIFTH: No one may be deprived of Life, Liberty, or property without DUE PROCESS. (RIGHT TO REMAIN SILENT, NO DOUBLE JEOPARDY)

AMENDMENTS 6-10SIXTH: Trial by Jury in criminal cases.

SEVENTH: Trial by Jury in civil cases.EIGHTH: Prohibits excessive bail, and CRUEL OR UNUSUAL PUNISHMENT.

NINTH: Rights not mentioned in the Constitution BELONG TO THE PEOPLE

TENTH: Powers not given the National Government, BELONG TO THE STATES.

Other Amendments of note12th: Separate voting for President and

Vice-President. (1804)13th: Abolishes Slavery (1865)14th: Civil Rights, DUE PROCESS FOR ALL

(1868)15th: Voting Rights for Black Men (1870)16th: Federal Income Tax (1913)18th: Prohibits Alcohol (1919)19th: Women right to vote (1920)21st: Repeals #18 (1933)22nd:Two Term limit for President (1951)26th: Voting for 18 year olds (1971)27th: Congressional Salary Change (1992)

Convention (May, 1787--Philadelphia) to replace the ineffective Articles of Confederation.

MAJOR COMPROMISES1. Virginia Compromise (NJ/Virginia)

2. 3/5 Compromise3. Slave Trade4. Electoral College

Electing a President

Approved and Signed in September 1787. Next step is for 9 of 13 States to approve in order for it to become law of the land.

Constitutional Summary of Principles

First PresidentApril, 1789 George Washington

elected first president.Key Actions (Precedents)

Judiciary Act of 1789, SUPREME COURT

Set up “Cabinet” (advisors, “unwritten constitution”)

ADVICE UPON LEAVING OFFICE (His Farewell Address):No Foreign AlliancesNo political Parties President should not be long

term

Popular Sovereignty (The People Rule)Limited Government (Limits to protect

people)Separation of PowersChecks and BalancesFLEXIBILITY (Unwritten Constitution,

amendments)FederalismARTICLES. 1, 2, 3 SET UP BRANCHES

OF GOV.BILL OF RIGHTS ADDED IN 1791

What you need to know about the Constitution…

1. Failure of the A.O.C.2. Constitutional Convention

1. Preamble, Compromises, Federalists/Anti-Federalists

3. Separation of Powers, Checks and Balances, Federalism

4. Article I, Section 8 (Powers of Congress)5. Article II, Section 2 (Powers of the

President)6. Article III, The Supreme Court7. Bill of Rights8. Amendment Process

Review for the US Constitution Test

9. Necessary and Proper Clause (Elastic)

10.Federalists vs. Antifederalists. (Why?)

11.Have your list of the powers of the 3 branches!

12.Which branch is given the “least” listed powers?

13.Due Process14.Powers of the US Senate15.Habeas Corpus16.Executive Branch, the Cabinet17.Compromises @ Convention

Review for the US Constitution Test