United States Constitution Composition and Creation of:

United States United States ConstitutionConstitution

Composition and Creation of:Composition and Creation of:

Objective:Objective:You will be able to You will be able to

analyze and discuss the analyze and discuss the different aspects in different aspects in

creating the Constitution.creating the Constitution.

Philadelphia ConventionPhiladelphia Convention

May 25, 1787 the May 25, 1787 the delegates get to work.delegates get to work.

55 Delegates descend 55 Delegates descend upon Philadelphia from 12 upon Philadelphia from 12 states. Rhode Island did states. Rhode Island did

not attend.not attend.Delegates has mixed Delegates has mixed

background of experience.background of experience.

ExperienceExperience

Many of the individuals had Many of the individuals had served as governors, helped served as governors, helped write state constitutions and write state constitutions and had signed the Declaration of had signed the Declaration of Independence just over 10 Independence just over 10 years ago.years ago.

Missing MembersMissing Members

•Some of the biggest names were missing at the Convention.

Adams and JeffersonAdams and Jefferson

MissingMissing

Jefferson: In Paris serving as Jefferson: In Paris serving as minister to Franceminister to France

Adams: in Great Britain as minister Adams: in Great Britain as minister to Great Britainto Great Britain

Patrick Henry: turned down invitePatrick Henry: turned down invite

Others not thereOthers not there

Rhode Island boycotted (distrusted a Rhode Island boycotted (distrusted a powerful federal government) 13powerful federal government) 13thth state to ratify 1790state to ratify 1790

Untimely deathsUntimely deaths

Hamilton killed by Aaron Burr 1804 Hamilton killed by Aaron Burr 1804 duelduel

NC Richard Spaight died in duel with NC Richard Spaight died in duel with John StanlyJohn Stanly

Va George Wythe died of arsenic Va George Wythe died of arsenic poisoningpoisoning

PA Morris died after sefl surgery to fix PA Morris died after sefl surgery to fix a urinary tract blockage with a whale a urinary tract blockage with a whale bonebone

Big Names that were there:Big Names that were there:Franklin and Madison Franklin and Madison

“Father of the Constitution’“Father of the Constitution’

WashingtonWashington

Attendance SpottyAttendance Spotty

• May 14 1787: only PA and Va were May 14 1787: only PA and Va were presentpresent

• May 25May 25thth finally a quorum of 7 states finally a quorum of 7 states

• 19/55 delegates to convention never 19/55 delegates to convention never attended a single sessionattended a single session

• Only 30 delegates stayed for the full Only 30 delegates stayed for the full 4 months4 months

DelegatesDelegates

• 55 delegates participated but only 39 55 delegates participated but only 39 signedsigned

• Madison Morris nicknamed Penman Madison Morris nicknamed Penman of the constitution (rewrote of the constitution (rewrote preamble) BUT real credit for the preamble) BUT real credit for the final copy goes to Jacob Shallus final copy goes to Jacob Shallus (assistant clerk of PA state Assembly)(assistant clerk of PA state Assembly)

Issue coming into the Issue coming into the ConventionConvention

How to create a strong How to create a strong government to government to

preserve order but not preserve order but not too strong that liberty too strong that liberty may be suppressed.may be suppressed.

What they agreed uponWhat they agreed upon

The ideas of limited and The ideas of limited and representative government.representative government.

The division of government The division of government into 3 branches.into 3 branches.

Need to strengthen Nat’l Need to strengthen Nat’l government.government.

Concept #1 Separation of Concept #1 Separation of PowersPowers

Dividing power among the three Dividing power among the three branches of Governmentbranches of Government

House of Representatives, SenateHouse of Representatives, SenatePresidentPresident JudicialJudicial

Concept #2 Limited Concept #2 Limited Government FederalismGovernment Federalism

A system of government in which A system of government in which power is divided between the power is divided between the national government and the state national government and the state governments and in which governments and in which independent states are bound independent states are bound together under one nationalized together under one nationalized governmentgovernment

Concept #3 Checks and Concept #3 Checks and BalancesBalances

Government structure that gives Government structure that gives each of the three branches some each of the three branches some oversight and control over the oversight and control over the actions of the othersactions of the others

Concept #4 Limited Concept #4 Limited GovernmentGovernment

Type of government in which the Type of government in which the functions and powers of authority are functions and powers of authority are written, limited and restricted by law written, limited and restricted by law to protect the citizenry.to protect the citizenry.

U.S. ConstitutionU.S. Constitution

Basic Structure:Basic Structure:Over 4500 wordsOver 4500 words4000 dedicated to how the three 4000 dedicated to how the three branches of government will bebranches of government will be400 to the relationship between the 400 to the relationship between the states and the federal government and states and the federal government and amendmentsamendments

PREAMBLEPREAMBLE

First 52 Words: Most Important: First 52 Words: Most Important: 6 Core Purposes of the Constitution6 Core Purposes of the Constitution

1. Connect the states1. Connect the states2. Establish justice2. Establish justice3. Provide Defense3. Provide Defense4. Promote General Welfare4. Promote General Welfare5. Ensure Peace5. Ensure Peace6. Secure Liberty now and for the future6. Secure Liberty now and for the future

Procedures of the Procedures of the ConventionConvention

Each state was only allowed one Each state was only allowed one votevote

Majority votes from all states made Majority votes from all states made decisionsdecisions

All discussions were a secret! Why…?All discussions were a secret! Why…?This way, delegates could speak freely, This way, delegates could speak freely,

without worry about how the public without worry about how the public would reactwould react

The BossThe Boss

Who was chosen Who was chosen to preside over to preside over the convention?the convention?

George George WashingtonWashingtonRespected for his Respected for his

leadership during leadership during the Rev. Warthe Rev. Warhttp://richmondthenandnow.com/Images/Famous-Visitors/George-Washington-big.jpg

Importance of the Constitutional Importance of the Constitutional ConventionConvention

““I would bury my bones in this city I would bury my bones in this city rather than leave the Convention rather than leave the Convention without anything being done.” without anything being done.”

-George Mason at the Constitutional -George Mason at the Constitutional ConventionConvention

*Everyone knew that failure could mean disaster*

The Formation of CongressThe Formation of Congress

The Virginia Plan The Virginia Plan

(Large Population States)(Large Population States)

Virginia PlanVirginia Plan Proposed by James Proposed by James

MadisonMadison Called for bicameral Called for bicameral

legislature.legislature.

Idea of Proportional Idea of Proportional Representation.Representation.

Formation of GovernmentFormation of Government

Called for a Strong Called for a Strong National Government National Government

divided into three divided into three governmental governmental

branches.branches.

VersusVersus► The New Jersey PlanThe New Jersey Plan

(Small Population States)(Small Population States)

In additionIn addition

Congress would be able to Congress would be able to veto and override any veto and override any

state laws.state laws.

Creation of judiciary Creation of judiciary appointed by legislature.appointed by legislature.

New Jersey PlanNew Jersey Plan

Looking to refine and Looking to refine and amend Articles of amend Articles of

Confederation.Confederation.Believed in the idea of Believed in the idea of Equal Representation.Equal Representation.

Called for Unicameral Called for Unicameral Legislature.Legislature.

Each State would have Each State would have 1 vote.1 vote.

Student ActivityStudent Activity•Examine the handout on the Examine the handout on the

population of the original population of the original thirteen states.thirteen states.

• The year is 1787 and you are a The year is 1787 and you are a delegate from ________ in delegate from ________ in Philadelphia deciding on how Philadelphia deciding on how Congress should be devised. Congress should be devised. Discuss and answer the Discuss and answer the following questions:following questions:

ConnecticutConnecticut 237,946237,946

DelawareDelaware 59,09659,096

GeorgiaGeorgia 82,54882,548

MarylandMaryland 319, 728319, 728

MassachusettsMassachusetts 378,787378,787

New HampshireNew Hampshire 141,885141,885

New JerseyNew Jersey 184,139184,139

North CarolinaNorth Carolina 393,751393,751

PennsylvaniaPennsylvania 434,373434,373

Rhode IslandRhode Island 68,82568,825

South CarolinaSouth Carolina 249,073249,073

VirginiaVirginia 691,737691,737

1.1.Which states do you think will Which states do you think will support the Virginia Plan? The support the Virginia Plan? The New Jersey Plan?New Jersey Plan?

2.2. As a representative from As a representative from ________ which plan would you ________ which plan would you prefer? What are some of the prefer? What are some of the issues behind your reasoning?issues behind your reasoning?

Great Compromise/ Great Compromise/ Connecticut CompromiseConnecticut Compromise

First suggested by First suggested by Benjamin Franklin and Benjamin Franklin and

worked on over the worked on over the July 4July 4thth holiday. holiday.

The Great The Great CompromiseCompromise

Roger Sherman of Connecticut Roger Sherman of Connecticut comes up with the answer…a comes up with the answer…a compromisecompromise

Lower HouseLower House House of RepresentativesHouse of Representatives Determined by populationDetermined by population 2 year terms2 year terms Favored larger statesFavored larger states

Upper HouseUpper House SenateSenate Equal representationEqual representation 6 year terms6 year terms Favored smaller statesFavored smaller states

Also known as… The Connecticut Also known as… The Connecticut CompromiseCompromise

What is a compromise???

A way of resolving disagreements in which each side gives up something but gains something else

Congress would be Congress would be established with a established with a

bicameral bicameral legislature.legislature.

The House of Representatives The House of Representatives would be elected on the basis would be elected on the basis of proportional representation.of proportional representation.

All revenue and tax bills would All revenue and tax bills would have to originate from here.have to originate from here.

The Senate would be based on The Senate would be based on the idea of equal the idea of equal representation.representation.

State legislatures would select State legislatures would select Senators due to the fact that Senators due to the fact that founders didn’t believe the founders didn’t believe the people were educated enough people were educated enough to select them.to select them.

More arguing? What More arguing? What now?now?

Controversy over counting slaves as Controversy over counting slaves as a part of the population…a part of the population…

At this time, there were 550,000 At this time, there were 550,000 enslaved African Americans, mostly enslaved African Americans, mostly in the Southin the South

More arguing? What More arguing? What now?now?

Southern states said… part of the Southern states said… part of the population = more representatives population = more representatives for southern statesfor southern states

Northern states said… slaves cannot Northern states said… slaves cannot vote or participate in government, vote or participate in government, they should not give the south more they should not give the south more representativesrepresentatives

Three-Fifths CompromiseThree-Fifths Compromise

Dealt with how to count the Dealt with how to count the slave population of the south- slave population of the south- major sticking point in major sticking point in passing the Constitution.passing the Constitution.

South wanted each slave to South wanted each slave to count as one person.count as one person.

Slave trade would be banned Slave trade would be banned by 1808 by way of compromise.by 1808 by way of compromise.

The vote on the Great The vote on the Great Compromise was won by a Compromise was won by a single vote. single vote.

Never tell me your vote doesn’t Never tell me your vote doesn’t matter!! matter!!

39 Delegates would end up 39 Delegates would end up signing the work.signing the work.

Another compromiseAnother compromise How to elect a president?How to elect a president? Some say… “Let Congress pick!”Some say… “Let Congress pick!” Others say… “Let the people Others say… “Let the people

choose!”choose!” The compromise…The compromise…

Electoral CollegeElectoral College A group of people would be chosen A group of people would be chosen

by each state to choose the by each state to choose the PresidentPresident

Each state given a certain number of Each state given a certain number of votes, determined by their votes, determined by their representation in Congressrepresentation in Congress

One last compromiseOne last compromise Conflicts over commerce & the slave Conflicts over commerce & the slave

tradetrade Congress could regulate (control) trade Congress could regulate (control) trade

between states & other countriesbetween states & other countries

However, they could However, they could NOT tax exportsNOT tax exports or or interfere with the slave trade for 20 interfere with the slave trade for 20 yearsyears

The last stepThe last step

Now all that had to be done was to Now all that had to be done was to have all 13 states ratify the have all 13 states ratify the Constitution by their own state Constitution by their own state legislatures.legislatures.

Two factions spring up, the Two factions spring up, the Federalists, those who supported a Federalists, those who supported a strong national government and the strong national government and the Anti-Federalists, who supported state Anti-Federalists, who supported state rights and wanted a Bill of Rights.rights and wanted a Bill of Rights.

Upon ratificationUpon ratification

Many of the small states sign off Many of the small states sign off quickly, the larger states took longer.quickly, the larger states took longer.

NYC set up as temporary capital.NYC set up as temporary capital. Government was set and running, GW Government was set and running, GW

as president and John Adams as VP.as president and John Adams as VP. Finally, Madison draws up 12 Finally, Madison draws up 12

amendments to the Constitution for amendments to the Constitution for Congress to vote on and 10 were Congress to vote on and 10 were adopted creating the Bill of Rights.adopted creating the Bill of Rights.

11stst U.S. Congress U.S. Congress (1789-1791) vs. (1789-1791) vs.

109109thth U.S. Congress U.S. Congress (2005-2007)(2005-2007)

Examining the number of Examining the number of states in the Union, and states in the Union, and

the number of the number of Representatives in the Representatives in the

House and SenateHouse and Senate..

States in the UnionStates in the Union

05

101520253035404550

States

1st 109th

In over 200 years In over 200 years the size of the the size of the United States has United States has grown from 13 to grown from 13 to 50 states which 50 states which has altered the has altered the landscape and landscape and size of Congress.size of Congress.

Senate (Upper House)Senate (Upper House)

0102030405060708090

100

Senate

1st109th

Each state has two Each state has two senators.senators.

They are elected They are elected and serve in office and serve in office for 6 year terms.for 6 year terms.

There are no term There are no term limits, therefore limits, therefore they can they can continuously run continuously run for re-election.for re-election.

Senate continued…Senate continued…

Every two years one-third Every two years one-third of the Senate is elected. of the Senate is elected.

The minimum age to serve The minimum age to serve in the Senate is 30 years in the Senate is 30 years old.old.

Senate ResponsibilitiesSenate Responsibilities The ability to put on trial anyone in The ability to put on trial anyone in

government that has been government that has been impeached.impeached.

Also the ability to reject, accept or Also the ability to reject, accept or amend bills from the House.amend bills from the House.

Confirm all Presidential nominees to Confirm all Presidential nominees to fill seats in governmental offices by a fill seats in governmental offices by a majority vote. majority vote.

Ex. Supreme Court Justice.Ex. Supreme Court Justice.

House of Representatives House of Representatives (Lower House)(Lower House)

050

100150200250300350400450

House of Reps.

1st 109th

Each state is Each state is guaranteed at guaranteed at least 1 Rep. least 1 Rep.

Initially a body of Initially a body of 65 members has 65 members has grown to 435 grown to 435 members plus 5 members plus 5 non-voting non-voting members.members.

House of Representatives cont…House of Representatives cont…

The minimum age to The minimum age to serve is only 25 years serve is only 25 years

old.old.

Special House Special House Responsibilities Responsibilities

The power to initiate revenue The power to initiate revenue bills imposing taxes and bills on bills imposing taxes and bills on government expenditures.government expenditures.

Impeach governmental officials.Impeach governmental officials.Elect the President in electoral Elect the President in electoral

deadlocks- only happened twice deadlocks- only happened twice in history, both in the early in history, both in the early 1800s. 1800s.

Congressional Powers Congressional Powers shared shared

•The sole ability to declare war.The sole ability to declare war.•To establish and maintain an To establish and maintain an Army and Navy.Army and Navy.

•Pass all laws that are necessary Pass all laws that are necessary and proper.and proper.

•Propose amendments to the Propose amendments to the Constitution.Constitution.

Growing Differences:Growing Differences: A need for concern? A need for concern?

The only state in 1790 with one The only state in 1790 with one representative was Delaware, representative was Delaware, now seven states have only now seven states have only one (Alaska, Delaware, one (Alaska, Delaware, Montana, North Dakota, South Montana, North Dakota, South Dakota, Vermont and Dakota, Vermont and Wyoming).Wyoming).

The largest state in 1790 The largest state in 1790 was Virginia with 11 was Virginia with 11 representatives, California representatives, California now has 53 followed by now has 53 followed by Texas with 32.Texas with 32.

Do We Need to Revisit the Do We Need to Revisit the Composition of Congress?Composition of Congress?

Do you think it is fair or unfair Do you think it is fair or unfair that states like Alaska and that states like Alaska and Vermont have only one Vermont have only one representative while California representative while California has 53? Explain your position.has 53? Explain your position.

Do you have suggestions for Do you have suggestions for change? If so, what are they change? If so, what are they specifically?specifically?

HomeworkHomework

Consider this: Consider this:

The seven states discussed earlier The seven states discussed earlier have only one representative in the have only one representative in the House. If they were given one more, House. If they were given one more, which would equal two representatives which would equal two representatives for the state, would this have altered for the state, would this have altered the Presidential Election of 2000?the Presidential Election of 2000?