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The ConstitutionThe Constitution
1787-17891787-1789
Ga. Standard Addressed in this Power Point
SSUSH5 The student will explain specific events and key ideas that brought about the adoption
and implementation of the United States Constitution.
b. Evaluate the major arguments of the anti-Federalists and Federalists during the debate on ratification of the Constitution as put forth in The
Federalists Papers concerning form of government, factions, checks and balances, and the power of the executive, including the roles of
Alexander Hamilton and James Madison.c. Explain the key features of the Constitution, specifically the Great Compromise, separation
of powers, limited government, and the issue of slavery.
d. Analyze how the Bill of Rights serves as a protector of individual and states’ rights.
Essential questions: Who developed the Constitution? How was the Constitution developed? What are the major compromises that wer made in
order to complete a document that the states would ratify?
• What were the major arguments of the anti-Federalists and Federalists during the debate on ratification of the Constitution as put forth in the Federalists Papers and concerning form of government, factions, checks and balances, and the power of the executive,
• What were the roles of roles of Alexander Hamilton and James Madison in developing the Constitution?.
• What are the key features of the Constitution, specifically the Great Compromise, separation of powers, limited government, and the issue of slavery?
• How does the Bill of Rights serve as a protector of individual and states’ rights.
Why is the American Constitution one of the most enduring constitutions in the western world?
Vocabulary
Separation of Powers, Social Contract, Checks/Balances, Bill of Rights, Great Compromise, Individual Rights, States Rights, Common Sense, Articles of Confederation, U.S. Constitution
The Virginia Plan,New Jersey Plan,
3/5th Compromise, Federalists, Anti-federalists,
Delegates
• May 25, 1787• 55 delegates sent by the states to
write a new constitution.– Many were in state government.– Many educated in history and political
philosophy.– ½ had been members of the Continental
Congress.– 8 had signed the Declaration of
Independence.– All had been involved in the American
Revolution.– Several had been diplomats to Europe.
Connecticut
• William Samuel Johnson– Lawyer and Politician– Patriot with pro-
British tendencies.
• Roger Sherman– Lawyer/Judge– Helped draft the
Declaration of Independence.
• Oliver Ellsworth– Lawyer– Pro-state control of
government.
Delaware
• George Read– Signer of the Declaration of
Independence.– President of Delaware
Assembly.• Gunning Bedford
– Lawyer– Pro-small states rights– Roommate to James
Madison at Princeton.• John Dickinson
– Refused to sign the Declaration of Independence.
– State President of Delaware• Richard Bassett
– Farmer and soldier• Jacob Broom
– Politician
Georgia
• William Few– Frontiersman– Revolutionary war hero
• Abraham Baldwin– Developed an
educational system for Georgia.
– Irregular attendant to the Convention.
• William Pierce– Aid to General Nathaniel
Greene– Left early.
• William Houstoun– Plantation owner– Stayed at the
convention from June 1-July 23.
Maryland• James McHenry
– Physician– Deeply religious
• Daniel of St. Thomas Jenifer– Plantation owner– Older delegate(64 yrs)– Humorous
• Daniel Carroll– Wealthy colonial American– Concerned with economics
• John Francis Mercer– Lawyer, planter, politician– Left before signing
• Luther Martin– Maryland Attorney General– Opposed a strong central
government
Massachusetts
• Elbridge Gerry– Signer of the Declaration– Refused to sign the
Constitution.• Nathaniel Gorham
– Filled in for George Washington as Chairman of the Convention
• Rufus King– Fought at Lexington and
Concord– Studied law– Worked with Alexander
Hamilton• Caleb Strong
– politician
New Hampshire
• John Langdon– Merchant sailor– Politician
• Nicholas Gilman– Combat captain in the
Revolutionary War.– Served with George
Washington.
New Jersey• David Brearley
– Lt. Colonel in the Revolutionary War
– New Jersey Supreme Court Chief Justice
• William Houston– Professor of
Mathematics at Princeton
– Served at the Convention for 1 week, but left due to illness.
• William Paterson– Prominent New Jersey
lawyer and Attorney General
• William Livingston– Governor of New Jersey
• Jonathan Dayton– Land speculator
New York
• Robert Yates– Strongly against
creating a new Constitution.
– Leaves early.
• Alexander Hamilton– Strongly in favor of a
new Constitution with a strong central government.
• John Lansing, Jr.– Strongly opposed to
any central government in America.
North Carolina• Alexander Martin
– Fought at Brandywine and Germantown.
– Governor of North Carolina.
• William Richardson Davie– Major in the militia.
• Richard Dobbs Spaight– Orphaned at age 8.– Politician
• William Blount– Chief paymaster
during the Revolution.
• Hugh Williamson– Frontier physician– Faithful attendee of
the Convention.
Pennsylvania
• Thomas Mifflin– Quartermaster General of
the Continental Army.• Robert Morris
– Signer of the Declaration of Independence
– Secured finances for the Revolutionary War.
• George Clymer– President of the
Philadelphia Bank• Jared Ingersoll
– Lawyer• Thomas Fitzsimons
– Merchant
Pennsylvania (cont.)• James Wilson
– Student of government and law
– Believed in dual sovereignty between the nation and the states.
• Gouverneur Morris– Author of the Preamble
and many other parts of the Constitution.
• Benjamin Franklin– 81 years old– Ambassador to France
during the Revolutionary War.
– Held in great respect among the other delegates.
Rhode Island
• Sent no delegates!!
South Carolina
• John Rutledge– Politician– Attended every session of
the Convention.• Charles Pinckney
– Revolutionary War prisoner of war.
– Youngest member at the Convention (30 yrs. Old)
– Great speaker.• Charles Cotesworth
Pinckney– 2nd cousin to Charles
Pinckney– Brigadier General of the
Continental Army.– Pro-slavery.
• Pierce Butler– A member of the British
Army and American militia.– Proud slave owner.
Virginia
• George Washington– Former Revolutionary
War Commander-in-Chief
– Elected to be the presiding officer of the Constitutional Convention.
– 55 years old.• Edmund Randolph
– Lawyer to George Washington.
– Governor of Virginia.• John Blair
– Devoted to the idea of a permanent Union of the states.
Virginia (cont.)
• James Madison– “The Father of the
Constitution”– 36 year old delegate
from Virginia.– Took notes of every
discussion made about the Constitution.
– First delegate to arrive with a “plan” for a federal system of government.
Virginia (cont.)
• George Mason– “Father of the Bill
of Rights”
• George Wythe– Signer of the
Declaration.– Slaveholder.– Left early.
• James McClurg– Physician.– Never signed the
Constitution.
Rules of the Convention
1. Held in secrecy to avoid public arguments and debates.• Windows and doors
shut at all times.2. Only “official” note
taking was allowed.3. Voting was by state w/
majority rule.• All agreed a strong
central government was necessary.
• It should have these powers:1. Able to tax2. Able to raise an army3. Able to regulate
commerce or trade.4. Should not have
unlimited power.
• Goal- A Republican form of government– Power rests in the
voters who elect representatives to run the government.
The Virginia Plan
• Introduced by Edmund Randolph– Delegate from Virginia.– Written by James
Madison• Virginia Plan proposed
– 2 house legislature• First house elected by
the people.• Second house elected
by the first house.– # of representatives in
the Congress would be determined by state population.
• Favored the larger states.
The New Jersey Plan
• William Paterson– Delegate from New
Jersey.
• New Jersey Plan Proposed– One-house legislature.– Each state would have
equal # of representatives.
– One state- one vote.
• Favored the smaller states.
• Resoundingly rejected by the delegates.
James Wilson
• Delegate from Pennsylvania.
• Challenges both plans.
• Wants a strong federal government with equal representation.
• Threatens to walk out of the convention.
The Great Compromise
• Presented by Roger Sherman of Connecticut.
• Two houses of Congress.– Senate- each state
gets 2 Senators.– House of
Representative- # determined by the population of the state.
• All “money” bills must come from the House.
The Chief Executive
• What kind of a chief executive to have puzzles the delegates.
• Single individual as an elective king?– NO!- Edmund Randolph
and Benjamin Franklin• Vigorous executive
elected by the people?– Proposed by James
Wilson of Pennsylvania.• Presidential advisors?
– An appointed cabinet is proposed by James Wilson
• Term?– Life?– 7 year term?
Presidential Executive
• Proposed by Alexander Hamilton.
• Elected indirectly by the people.– Leads to the creation of
the Electoral College.• Proposed to serve for life.• Absolute veto of
Congressional legislation.• Be given enough power to
exercise initiative and assume responsibility.– Did not want powers to be
specific.• Power to pardon.• A civilian Commander-in-
chief of the military.
President of the United States
• A single, strong, independent chief executive is chosen.
• President could appoint own advisors w/ consent of the Senate.
• Could veto legislation.– Congress could override with a
2/3rds vote.• Commander-in-chief of the
military.• Could make war.
– Congress would declare war.• Serve for 4 year terms with
unlimited reelection.• Electoral College created to allow
electors (chosen by state legislature or by the people) to cast the final vote.
• The unanimous choice to be the first President of the United States is George Washington.
3/5th Compromise
• Issue over counting of slaves for representation and taxation.
• South wanted slaves counted as a full person for representation, but not taxation.
• Slaves would be counted as 3/5th of a person for both representation and taxation.
Commerce Compromise
• South does not want tariffs (taxes) on exports.
• Congress would regulate commerce w/ foreign nations and not levy taxes on exports.
Slave Issue
• States may continue to import slaves until 1808, but after that, they must decide how to handle the issue.
Adoption of the Constitution
• September 17, 1787– 39 delegates sign the
constitution.
Ratification of the Constitution
• 9 of the 13 states must ratify to make the Constitution, “the supreme law of the land.”
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G U L F O F
M E X I C O
Federalists
• Favored a strong federal government (national government) rather than the separate governments of individual states.
Anti-Federalists
• Opposed strengthening the powers of a central (national) government.
• 4 things wrong with the new constitution:1. Surrendering too
much power.2. Not enough voter
control.3. Not enough freedom
for slaves.4. Lack of a bill of
rights.
The Federalist Papers
• Alexander Hamilton
• James Madison• John Jay• Series of brilliant
essays defending the Constitution.
Ratification1.1. DelawareDelaware
• December, 1787- first to December, 1787- first to ratifyratify
2.2. New JerseyNew Jersey3.3. PennsylvaniaPennsylvania4.4. GeorgiaGeorgia5.5. ConnecticutConnecticut6.6. MassachusettsMassachusetts
• February, 1788 by a February, 1788 by a margin of 19 votes.margin of 19 votes.
7.7. MarylandMaryland8.8. South CarolinaSouth Carolina9.9. New HampshireNew Hampshire10.10. VirginiaVirginia
• Madison’s home state by a Madison’s home state by a margin of 11 votes. margin of 11 votes.
11.11. New YorkNew York• By a margin of 3 votes.By a margin of 3 votes.
12.12. North CarolinaNorth Carolina13.13. Rhode IslandRhode Island
George Washington
• Elected President by a unanimous vote of Congress.
• John Adams elected Vice-President.
• New York City made the temporary capital.
The Constitution
The Federal Union
• Each state gives some of its powers over to the federal government.
• All laws passed by the federal govt. apply equallyequally to every individual in the union.– The federal govt. has
the authority to “reach” into each state and punish violators of the federal laws.
• States could still pass and enforce their own laws, as long as they do not come into conflict with the federal laws.
The Separation of Powers
Checks and Balances-Checks and Balances- Each branch of government is given certain powers that
can restrain or “place a check” on another branch of government to create
a balance.
EXECUTIVE BRANCH
Enforces Laws
LEGISLATIVE BRANCH
Makes Laws
JUDICIAL BRANCH
Interprets Laws
Override vetoOverride veto
ImpeachImpeach
Confirm appointmentsConfirm appointments
Ratify treatiesRatify treaties
VetoVeto
Impeach and removeImpeach and remove
Declare a law Declare a law unconstitutionalunconstitutional
Declare Declare executive action executive action unconstitutionalunconstitutional
Appoints Appoints members to members to the Supreme the Supreme
CourtCourt
Article 1Legislative Branch
• House of Representatives– 2 year terms– 25 years old– 7 year citizen of the
United States– Live in the state being
elected from.– Number of
Representatives determined by the states population.
• Each state is guaranteed at least 1.
• Senate– 6 year terms– 30 years old– 9 year citizen of the
United States– Live in the state being
elected from.– Each state gets two
(2) Senators.
Article 1Legislative Branch
• Elections– Held on the Tuesday
following the first Monday in November of even-numbered years.
• Meetings– Congress shall
convene on January 3.
• Passing Laws– All revenue bills come
from the House of Representatives.
Article 1Legislative Branch
• Delegated Powers– Powers given to Congress
that are specifically listed in the Constitution.
• Power to tax.• Power to regulate
commerce.• Power to raise an army.
• Reserved Powers– Powers not listed in the
Constitution are given to the states.
• Control over roads, marriages, public education.
• Shared Powers– Powers that both the
federal and the state governments share.
• Taxes• Police force• Courts
Article 2Executive Branch
• President of the United States of America– 4 year terms– 35 years old– Native born citizen.– Resident of the
United States for 14 years.
Article 2Executive Branch
• Electoral College– Used to elect the
President.– The candidate must
win the popularpopular vote of each state to receive the electoralelectoral votes.
– Electoral votes are determined by the # of representatives in Congress.
• Elections– Tuesday after the first
Monday in November.
Article 2Executive Branch
• Powers– Commander-in-Chief of
the military.– Make treaties with
foreign nations.• Senate must approve.
– Government appointments
• Senate must approve.– Must give a State of the State of the
UnionUnion message to Congress every year.
• Impeachment– Can be removed from
office by the Congress for treason, bribery, or other high crimes.
Article 3Judicial Branch
• Created the Supreme Court and the Federal Courts
• Federal Courts can only extend into two types of cases.1. Violations of the
Constitution.2. United States v. a
foreign nation.
Article 4State Relations
• Full Faith and Credit Clause– The states must
respect each other’s laws.
• Privileges– The states must
respect the rights of other state’s citizens.
Article 5Amendments
• 2/3rds of both houses of Congress or 2/3rds of the States may propose an Amendment to the Constitution.
• 3/4ths of the States must ratify the Amendment.
Article 6Provisions
• Supremacy Clause– The Constitution is
the “supreme law of the land.”
– The power of the federal government is superior to the state governments.
Article 7Ratification
• 9 of the 13 states must approve the new Constitution.
Bill of Rights• 1st ten amendments to the Constitution.• Had to be voted on to get approval from the Anti-Federalists.
They passed.
1st Amendment- Freedom of religion and speech2nd Amendment- Right to keep arms.3rd Amendment- Not required to give housing to
troops.4th Amendment- Search and Seizure- Must have a
search warrant.5th Amendment- You may not testify against yourself
in a court of law.6th Amendment- Right to a fair and speedy trial.7th Amendment- Right to a jury trial.8th Amendment- Cannot be charged with excessive
bails or fines.9th Amendment- Government must protect the people.10th Amendment- Powers not delegated to the United
States government are reservedreserved to the states.