Creating the Constitution

Chapter 5

The Constitutional Convention• Why the need for the Convention?• The Convention was “for the sole and express

purpose of revising the Articles of Confederation.”• Main Topics of Discussion• An Official National Government• Separation of Powers• National and State Governments• Representation

The Constitutional Convention• George Washington was selected as the

Presiding Officer in order to keep the peace during the convention

• Rules were created to try to give everyone an equal voice in the creation of the Constitution

The Virginia Plan• Proposed by James Madison• Proposed a strong national government• Executive, Legislative, and Judicial Branches• Legislative branch would have two parts; a house and a senate.• Number of seats in each would be based on state population• Who would agree with this plan?

The New Jersey Plan• Proposed by William Patterson• Called for a One House Legislature in which

each state would have an equal number of votes

• Who would agree with this plan?

The Great Compromise• Proposed by Roger Sherman of Connecticut• Called for a bicameral - two house legislature• House of Representatives would be elected based on state population• In the Senate each state would have two seats• Great Compromise - each side gave up part of what it wanted for the benefit of the common good

Slide Break!!!Here’s a picture of a pug wearing pug slippers

The Three-Fifths Compromise• The problem was that nobody agreed on how

to count slaves when considering a state’s population

• Three-Fifths Compromise - counted each slave as three fifths of a person when a state’s population was calculated

• Why do you think this was such an issue?• Voters: White property owning men

Signing the Constitution• The delegates of the Constitutional

Convention are often called “the Framers.”

• The Constitution is still the basic framework of our Government

Struggle for Ratification• Ratified - approved• Federalists - those who supported the

Constitution and a strong national government• Anti-Federalists - those who opposed the

Constitution and a strong national government• Pushed for a Bill of Rights

The Federalist Papers• Written by James Madison, Alexander Hamilton, and John Jay• A series of essays that outlined the need for a strong national government• Ratification was not an easy process• Many states passed the Constitution by only a few votes• Federalists agreed to add a Bill of Rights

Goals of Our Government: The Preamble• To Form a More Perfect Union - better than

simply to unite the 13 states• To Establish Justice - to create a legal system

that fairly handles disputes• To Ensure Domestic Tranquility - to establish a

peaceful society

Goals of Our Government: The Preamble• To Provide for the Common Defense -

national security• To Promote the General Welfare - create

conditions to benefit all• To Secure the Blessings of Liberty to

Ourselves and Our Posterity - give people the freedom to choose their occupation, where they live, and what they believe

Article 1 - The Legislative Branch• Describes and organizes the powers of the national legislature (Congress)• Congress is divided into a House of Representatives and the Senate• The most important power of Congress is to make laws• Delegated Powers - the powers assigned to Congress (coin money, declare war, regulate trade and others necessary and proper)

Article 2 -The Executive Branch• Established the Office of President• Unlike a King, the powers of the President are

limited and shared• Job is to execute and carry out the law, NOT to

make laws• Generally the President’s freedoms are not

listed in detail because the office of President was a new idea

Article 3 -The Judicial Branch• Created a national court system• The President could appoint judges, but the

Senate had to approve them• Created the Supreme Court which would have

the final say in all cases involving the Constitution

• The Supreme Court is designed to be an Appellate Court (appeal)

Article 4 - The States• Each state must honor the laws of the other

states• For example, a marriage in one state must be

recognized in another state

Article 5 - Amending the Constitution• Amendments - changes• The Constitution was designed to be a flexible

document that changes with the times• Three Fourths of the states must agree to

amend the Constitution

Article 6 - The Supremacy of the Constitution• State and national government officials must

take an oath to support the Constitution as the supreme law of the land

• No state law may violate the Constitution• Federal law takes priority over all other laws

Article 7: RatificationThe process of Approval

Limitations of Government• Popular Sovereignty - allowing the people to rule• The Constitution was designed to allow the people to rule• Federalism - the division of power between the states and the federal or national government• Some powers belong only to the federal government; some belong only to the states

Limitations of Government• Concurrent Powers - powers shared by the

federal and state governments• Reserved Powers - powers that the

Constitution neither gives to Congress nor denies to the states

Separation of Powers• Checks and Balances - gives each branch of

government ways to limit the powers of the other branches

• Impeach - to accuse