The Constitution
Why Change?
Led by Federalists Articles of
Confederation weak nation would collapse
Weaknesses of Articles› Lack of economic
control (no taxation or tariff control)
› Debtors not having to pay creditors
› Social unrest (Shays’s Rebellion)
Feared economic collapse
How to change?
Congress agreed to new convention in Philadelphia (May 1787)
55 delegates from 12 states (Rhode Island refused)
Who were delegates?
How to change?
TASK› Revise Articles of
Confederation Choice made to
› SCRAP Articles› Done behind closed doors› Elect George Washington
as presiding officer
Virginia Plan
Drafted by James Madison, submitted by Edmund Randolph
Replace state supremacy with federal supremacy
National government “of the people”
Favored heavily populated (big) states› Bicameral Legislature
Lower Chamber Elected by Voters Upper Chamber Elected by Lower
Chamber
Powerful Chief Executive (chosen by legislature)
Federal Judiciary (chosen by legislature)
Strengths and Weaknesses of the
Virginia Plan?Who would like this plan? Who wouldn’t
like this plan?
The New Jersey Plan
Submitted by William Patterson
Known as “Small State” Plan› Unicameral
Legislature› Each state gets one
vote, (like Articles)
Strengths and Weaknesses of the New
Jersey Plan?Who would like this plan? Who wouldn’t
like this plan?
Great Compromise
Submitted by Roger Sherman of Connecticut
Upper house › two per state› Chosen by state
legislatures Lower house
› Based on population› Elected by people
Strengths and Weaknesses of the Connecticut Plan?
Who would like this plan? Who wouldn’t like this plan?
State vs. Federal compromises
States are happy because . . .› Representation determined every ten years
(census)› Executive Chosen by “Electoral College”› No national voting qualifications
Federalists are happy because . . .› Judiciary Appointed by Executive and
Approved by Upper Chamber› Supreme Court determines lower courts
North vs. South compromises
Slavery dominant issue North happy because . . .
› Greater population› Upon ratification slave importation
becomes illegal in 20 years South happy because . . .
› Fugitive slaves have to be returned› “other persons” count “3/5 a person”
(representation and taxing)
Process to Ratify
Unanimous vote of states (Articles) Changed to 2/3 (9 of 13) Ratifications at state conventions How would it be different?
› “supreme law of the land”› Power to tax, national defense,
commerce, national debt› States can’t print money
The Constitution Preamble
› We the People . . . Article I – The Legislature
› Establishes House of Representatives (with qualifications)
› Establishes Senate (with qualifications)› Money matters must begin in House› How a bill becomes a law› Impeachment
The Constitution Article I – The Legislature
› Section 8 – Powers of Congress Collect taxes Defense Borrow money Regulate commerce (international and domestic) Coin money Post offices Trademarks/inventions Tribunals Crimes on the high seas Declare war Raise an army and navy Call up state militias Set up new seat of government/have authority over it Pass necessary laws to do the above
The Constitution Article I – The Legislature
› Section 9 limits what legislative branch can do
› Section 10: states can’t do anything that is granted to legislative branch (section 8)
The Constitution Article II – The Executive Branch
› Sets qualifications for president and electoral college› Four year term› Congress chooses day for electors to vote› Filling vacancies› Presidential powers
Commander in chief Pardons Set treaties and appointments (with Senate approval) State of the Union Make recommendations to Congress Call Congress into emergency session Execute the laws created by Congress Reasons for impeachment
The Constitution Article III – The Judicial Branch
› Sets Supreme Court and lower courts› Cases they will hear› Jurisdiction they have› Jurisdiction they don’t have (treason)
The Constitution Article IV – Equality of states and making new states Article V – Amendment process
› 2/3 of House and Senate must support it› OR› 2/3 of states must call national convention (never done)› THEN› 3/4 of state legislatures must pass (26 times)› OR› 3/4 of state conventions must pass (once – 21st)
Article VI – Relations between states and federal government› Assumption of debts› “Supreme law of the land”
Article VII – Ratification process
Who is opposed? The anti-Federalists!
Too much power for central government
Feared bad aspects of British rule Took power away from states Anti-Federalists tended to be
› Farmers› Lower economic classes› Those who feared tyrannical central
power
Federalist vs. Anti-FederalistStrongholds at the End of the War
The Federalist Papers
85 essays John Jay James Madison Alexander
Hamilton Federalist# 10
The Federalist Papers
Federalist# 10 Written by Madison
› People afraid country too large for republic
› Would lead to tyranny› Madison argued
Big republic is good Diverse interests leads to
growth of republic Diverse interests keeps one
faction from gaining too much power
Ratification Conventions› MUCH more diverse than Constitutional
convention› Back country tended to be Anti-Federalist› Coastal areas tended to be Federalist
Ratification Conventions
By June 1788, nine had ratified
New York and Virginia hadn’t
Led to addition of Bill of Rights
Bill of Rights
Amendment I Freedom of
› Religion› Speech› Press› Right of people peaceably to assemble› Petition government for redress of
grievances Amendment II Need for well regulated militia Right to bear arms Amendment III Cannot quarter soldiers in private
residences
Amendment IV Right to be protected against unreasonable
searches and seizures› Must have warrant › Must have probable cause› Describe place to be searched› Describe persons or things to be seized
Amendment V If accused of crime
› Unless military tribunal No double jeopardy Do not have to testify against yourself Can’t be deprived of life, liberty, or property,
without due process of law Can’t have private property taken for public
use, without just compensation
• Amendment VI• Right to speedy and public trial• Right to jury • Right to trial in state and district where crime
was committed• Right to be informed of accusation• Right to know witnesses against• Right to obtain witnesses in favor• Right to have counsel for defense
• Amendment VII• In a civil suit of over $20, the right to trial by
jury exists
• Amendment VIII• No excessive bail • No excessive fines imposed• No cruel and unusual punishment• Amendment IX• Rights aren’t limited to what’s listed in Constitution
• Amendment X• Any rights not denied by Constitution belong to states and people
• How are these a reflection of British treatment?
Ratification
American Government – Take Two Congress met in 1789 Electors chose George
Washington President, John Adams Vice-President
New York City temporary capital
Setting up the government – Washington’s Cabinet Secretary of State – Thomas
Jefferson
Secretary of Treasury – Alexander Hamilton
Secretary of War – Henry Knox
Setting up the government – The Courts
Judiciary Act of 1789› Allowed for district
courts (one per state)› Allowed Supreme Court
to hear appeals from state courts
› John Jay first Chief Justice
James Madison“Father of the Constitution”