The Agenda Representation Slavery Equality in voting Economic issues Individual rights

Slavery Only 12 slaveholders in Philly Agreed that they could limit the importing of slaves but they would not touch it for 20 years In1808 the internat’l trade is outlawed People who were “legally held to service” that escaped had to be returned The 3/5ths Compromise For the purposes of representation 3 out of 5 slaves would be counted

Voting and economics Voting Gets left to the states Economics Congress is given the power to: Tax, borrow Regulate interstate trade Coin money Regulate bankruptcies Ensure patents and property rights

Our Constitutional Framework (2) Forensics August 30,

Objectives: SWBAT Continue the discussion of basic human rights Investigate the Constitutional Framework of American Law Analyze the occurrence of Human Rights in the Constitution 5

Our Constitutional Framework Forensics January 28,

The Basic Principals of United States Government Limited Government Limited Government Popular Sovereignty Popular Sovereignty Separation of Powers Separation of Powers Checks and Balances Checks and Balances Judicial Review Judicial Review Federalism Federalism 7

At your tables rank the following basic rights 1-6; number 7 is one you think is NOT a basic human right Privacy ; Trial by Jury; Freedom of Religion; Freedom of Speech; Right to Remain Silent; Protection from Cruel and Unusual Punishment 8

The Philadelphia Convention Although many different groups are represented they all agree on these things: Although many different groups are represented they all agree on these things: Questions of human nature Questions of human nature The causes of political conflict The causes of political conflict And the nature of republican government And the nature of republican government They also agreed that people are ruled by self-interest They also agreed that people are ruled by self-interest Checking self-interest leads to good government Checking self-interest leads to good government

James Madison Considered the “Father of the Constitution” Considered the “Father of the Constitution” The distribution of wealth led to political conflict The distribution of wealth led to political conflict Factions arise due to this distribution Factions arise due to this distribution Wither the majority or the minority can become tyrannical if left unchecked Wither the majority or the minority can become tyrannical if left unchecked BALANCED GOVERNMENT is the key BALANCED GOVERNMENT is the key

Individual Rights The Constitution is fairly silent on individual rights The Constitution is fairly silent on individual rights The Constitution guarantees that HABEAS CORPUS will not be violated but little else The Constitution guarantees that HABEAS CORPUS will not be violated but little else This would be the biggest point of contention for the FEDERALISTS and ANTI- FEDERALISTS This would be the biggest point of contention for the FEDERALISTS and ANTI- FEDERALISTS

The Federalist Position The Articles of Confederation was too weak The Articles of Confederation was too weak Only a strong national government can overcome the problems of a Republic Only a strong national government can overcome the problems of a Republic Liberties that would be included in a bill of rights can be handled by the states Liberties that would be included in a bill of rights can be handled by the states

The Anti-federalists The Central Government would be given too much power The Central Government would be given too much power The President would basically be an elected King The President would basically be an elected King States would lose virtually all autonomy States would lose virtually all autonomy There was no guarantee of personal rights There was no guarantee of personal rights

Constitutional Powers

Constitutional Power Expressed Powers Expressed Powers Powers directly given to the Federal Government Powers directly given to the Federal Government Implied Powers Implied Powers Powers that are not directly spelled out in the Constitution but make sense for the government to have Powers that are not directly spelled out in the Constitution but make sense for the government to have

Implied Powers The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. The Elastic Clause 1.8,18

Recap The Supremacy Clause The Supremacy Clause 6.1,2 6.1,2 This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land;…This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land;… What does this mean for the relationship between the Federal government and state government?

Exit Ticket: Human Rights Where are violations of, or protections of, human rights in the US Constitution? 18