Chapter 5 Creating the Constitution

Chapter 5-1

Section Preview 1. Explain how the delegates organized the constitutional convention. 2. Summarize Madison’s plan for the new government. 3. Summarize the debate over how power would be shared by state and national governments. 4. Describe the compromises that were made about representation in Congress. 5. Explain the major elements of the executive and judicial branches created by the Constitution.

Need for a National Government Confederation of States couldn’t handle complexity of large country Confederation of States couldn’t handle complexity of large country National government too weak National government too weak Could not tax, raise money Could not tax, raise money Congress could not enforce the laws it passed Congress could not enforce the laws it passed Individual colonies too strong Individual colonies too strong Feared tyranny from national government Feared tyranny from national government

Why Did They Fail?

Constitutional Convention 1787 – Called for a convention 1787 – Called for a convention To revise the Articles of Confederation To revise the Articles of Confederation President of the Convention President of the Convention George W. George W. Rules Rules Debates/discussions were to be secret Debates/discussions were to be secret Allow for more honest debate/discussion Allow for more honest debate/discussion Each state to have one vote Each state to have one vote 55 delegates, 12 votes 55 delegates, 12 votes Early on, decided to scrap the Articles of Confederation Early on, decided to scrap the Articles of Confederation

Madison (VA) Plan Strong national government with 3 branches Strong national government with 3 branches Bicameral (two house) Legislative branch Bicameral (two house) Legislative branch House of Representatives House of Representatives Members elected directly by voters Members elected directly by voters Number of seats based on each state’s population Number of seats based on each state’s population Senate Senate Members chosen by members of the House Members chosen by members of the House Number of seats based on each state’s population Number of seats based on each state’s population Executive Branch Executive Branch Judicial Branch Judicial Branch

State Powers vs. National Powers States were used to controlling their own affairs States were used to controlling their own affairs Feared tyranny of a national government Feared tyranny of a national government Which would have what powers? Which would have what powers? How would they share similar powers? How would they share similar powers? Power sharing concept – 3 tiered (levels) Power sharing concept – 3 tiered (levels) Level 1 - Powers of national government Level 1 - Powers of national government Level 2 - Powers shared by national & state governments Level 2 - Powers shared by national & state governments Level 3 - Powers reserved by the states Level 3 - Powers reserved by the states

3-Tiered Power Sharing Plan Level 1 Level 2 Level 3

State Powers vs. National Powers Slavery Issue Slavery Issue Northern states wanted national government to regulate trade Northern states wanted national government to regulate trade Goal: abolish slavery Goal: abolish slavery Southern states depended on slavery economically Southern states depended on slavery economically Compromise Compromise National government could regulate trade National government could regulate trade National government put off decision on slave trade until 1808 National government put off decision on slave trade until 1808

Issues Number of seats in the House based on state population Number of seats in the House based on state population But…how to count slaves? But…how to count slaves? Compromise… Three-Fifths Compromise Compromise… Three-Fifths Compromise One slave = 3/5 of a person One slave = 3/5 of a person

Three-Fifths Compromise

New Jersey Plan Called for unicameral (one-house) legislature Called for unicameral (one-house) legislature Each state would have an equal number of votes Each state would have an equal number of votes Madison Plan unfair to small states Madison Plan unfair to small states Small states didn’t have adequate representation Small states didn’t have adequate representation Large states would be over-represented in House Large states would be over-represented in House Large states would control Senate….why? Large states would control Senate….why? House members choose members of the Senate House members choose members of the Senate

The Great Compromise (Connecticut Plan) Bicameral legislature Bicameral legislature House of Representatives House of Representatives Number of seats based on state population Number of seats based on state population Elected by the citizens Elected by the citizens Senate Senate Each state would be represented by two senators Each state would be represented by two senators Chosen by state legislatures Chosen by state legislatures Large states would have more power in House Large states would have more power in House Each state equally represented in the Senate Each state equally represented in the Senate

The Great Compromise (Were They Right?) Half of all Americans live in 10 states Half of all Americans live in 10 states Represented by 20 senators…..(!) Represented by 20 senators…..(!) Other half represented by 80 senators Other half represented by 80 senators Why bicameral? Why bicameral? “We pour House legislation into the senatorial saucer to cool it.” – George Washington “We pour House legislation into the senatorial saucer to cool it.” – George Washington

The Great Compromise (Were They Right?)

Executive Branch (New) Montesquieu’s Separation of Powers concept Montesquieu’s Separation of Powers concept Executive Branch Executive Branch President, broadly defined powers & duties President, broadly defined powers & duties No previous model No previous model Depended on George W. to make it happen Depended on George W. to make it happen Election by Electoral College, not directly by people Election by Electoral College, not directly by people Why? – voters can’t be trusted Why? – voters can’t be trusted

Judicial Branch (New) Judicial Branch Judicial Branch Only created a Supreme Court Only created a Supreme Court Interprets the law Interprets the law Settles disputes between states Settles disputes between states

Issue of Elections Elected members of the national government Elected members of the national government President President Members of Congress Members of Congress Direct election Direct election Common people’s judgment not trusted Common people’s judgment not trusted Could be easily influenced Could be easily influenced Most voters not “sufficiently informed” Most voters not “sufficiently informed”

Elections Great Compromise implements separation of powers Great Compromise implements separation of powers House elected by the people House elected by the people Senators chosen by the state legislatures Senators chosen by the state legislatures President elected by the Electoral College President elected by the Electoral College Electors chosen by the state legislatures Electors chosen by the state legislatures So who ultimately controls the legislative branch? So who ultimately controls the legislative branch?

Electoral College

Confederation vs. Federal Government

Chapter 5-2 The Struggle for Ratification

Section Preview 1. Compare the views of the Federalists and Anti-Federalists. 2. Summarize the arguments presented in The Federalist. 3. Explore reasons that the states finally ratified the Constitution.

Ratification Constitution required 9 states to ratify Constitution required 9 states to ratify States legislatures would probably vote no States legislatures would probably vote no Why? Why? Would be giving up powers to federal government Would be giving up powers to federal government Supporters were called Federalists Supporters were called Federalists Opponents were called Anti-Federalists Opponents were called Anti-Federalists

The Federalists Supported a strong national government Supported a strong national government Provide protection from foreign nations Provide protection from foreign nations Maintain order between states Maintain order between states Regulate trade Regulate trade Guarantee rights of citizens Guarantee rights of citizens Pay off nation’s debts Pay off nation’s debts Provide for stable currency Provide for stable currency Bill of Rights not necessary Bill of Rights not necessary Powers already limited by the Constitution Powers already limited by the Constitution

The Federalists Newspaper Articles published Newspaper Articles published The Federalist Papers The Federalist Papers James Madison James Madison Alexander Hamilton Alexander Hamilton John Jay John Jay National government represents all people National government represents all people No single group able to ignore rights of others No single group able to ignore rights of others All groups would have to compromise to reach important goals All groups would have to compromise to reach important goals

The Anti-Federalists Feared a strong distant national government Feared a strong distant national government Met too far from their voters Met too far from their voters DC to Baltimore = DC to Baltimore = 36 miles 36 miles Baltimore to Philadelphia = Baltimore to Philadelphia = 104 miles 104 miles Philadelphia to New York City = Philadelphia to New York City = 109 miles 109 miles NYC to Boston = NYC to Boston = 211 miles 211 miles Denver to Pueblo = Denver to Pueblo = 109 miles 109 miles

Federalist Paper #84 A distant national government should not be feared A distant national government should not be feared Inhibited by public scrutiny Inhibited by public scrutiny Especially from citizens living nearby Especially from citizens living nearby Will “stand ready to sound the alarm when necessary.” Will “stand ready to sound the alarm when necessary.” Really? Really? Five of the richest 10 counties are DC suburbs Five of the richest 10 counties are DC suburbs Largely due to growth of government employment Largely due to growth of government employment

The Anti-Federalists Constitution gave Congress too much power Constitution gave Congress too much power Make laws “necessary and proper” to carry out its powers Make laws “necessary and proper” to carry out its powers Might overpower state governments Might overpower state governments Needed a Bill of Rights Needed a Bill of Rights Otherwise national government may not respect rights of citizens Otherwise national government may not respect rights of citizens

Ratification of the Constitution States must ratify (approve) States must ratify (approve) At least 9 of 13 At least 9 of 13 Only three did unanimously – DE, NJ, GA Only three did unanimously – DE, NJ, GA Ratify by state legislatures or state conventions? Ratify by state legislatures or state conventions? State legislatures not in favor of Constitution State legislatures not in favor of Constitution Would lose powers now have under the Articles Would lose powers now have under the Articles All 13 ratified by 1790 All 13 ratified by 1790 when agreed that Bill of Rights to be added when agreed that Bill of Rights to be added G. Washington and B. Franklin supported it G. Washington and B. Franklin supported it

Chapter 5-3 The Supreme Law of the Land

Section Preview 1. Define the major goals of our government. 2. Summarize the major sections of the Constitution. 3. Explain the three main principles in the Constitution that limit the government’s power.

The Constitution Plan of government Plan of government Rules that governments at all levels follow Rules that governments at all levels follow Overall intent is to protect individual rights Overall intent is to protect individual rights Establishes our government - a republic Establishes our government - a republic Republic – citizens elect their representatives Republic – citizens elect their representatives Technically - a constitutional federated republic Technically - a constitutional federated republic Preamble, means introduction Preamble, means introduction Seven Articles, major parts of the document Seven Articles, major parts of the document

The Preamble Six goals of government Six goals of government 1. To form a more perfect union 2. To establish justice 3. To insure domestic tranquility 4. To provide for the common defense 5. To promote the general welfare 6. To secure the blessings of liberty to ourselves and our posterity to ourselves and our posterity

Goal #1 – to form a more perfect union Want better government than that under the Articles of Confederation Want better government than that under the Articles of Confederation Want to unite all separate colonies under one central government Want to unite all separate colonies under one central government

Goal #2 establish justice Want legal system in place to settle disputes Want legal system in place to settle disputes Between individuals Between individuals Between individuals & government Between individuals & government Between states Between states Between states and national government Between states and national government

Goal #3 to insure domestic tranquility Want a peaceful society Want a peaceful society Citizens are protected from unlawful acts of others Citizens are protected from unlawful acts of others

Goal #4 to provide for the common defense Protect citizens from attack by outside forces Protect citizens from attack by outside forces

Goal #5 to promote the general welfare Create conditions that will benefit all Americans Create conditions that will benefit all Americans

Goal #6 to secure the blessings of liberty to ourselves and our posterity Provide freedoms to all citizens, within limits Provide freedoms to all citizens, within limits For ourselves and our descendents For ourselves and our descendents

Memory Device - Articles LAZY LAZY ELEPHANTS ELEPHANTS JUMP JUMP SLOWLY SLOWLY AND AND SLEEP SLEEP REGULARLY REGULARLY

Article 1 - Legislative Branch Bicameral Congress makes the laws Bicameral Congress makes the laws Proposed law (a bill) must pass by majority vote in both houses Proposed law (a bill) must pass by majority vote in both houses Signed by President before becoming law Signed by President before becoming law President can veto – reject a bill President can veto – reject a bill Congress can override a veto with two-thirds vote in both houses Congress can override a veto with two-thirds vote in both houses Delegated powers are those given to Congress Delegated powers are those given to Congress

Article 1 - Legislative Branch Examples of delegated powers Examples of delegated powers Declare war Declare war Coin money Coin money Regulate trade Regulate trade Congress can make laws “necessary and proper” to carry out its powers Congress can make laws “necessary and proper” to carry out its powers Called the “elastic clause” Called the “elastic clause” Article 1 limits the government’s power by stating what actions Congress may not take Article 1 limits the government’s power by stating what actions Congress may not take

Article 2 - Executive Branch Power in one person Power in one person Executes, or carries out, the laws passed by Congress Executes, or carries out, the laws passed by Congress Makes treaties with other countries Makes treaties with other countries Nominates federal judges Nominates federal judges George W. established the rules for President George W. established the rules for President Authority based on the consent of the people Authority based on the consent of the people Must be re-elected at end of a term (4 years) Must be re-elected at end of a term (4 years)

Article 3 - Judicial Branch National Court system to settle disputes National Court system to settle disputes Interprets the laws Interprets the laws Supreme Court established Supreme Court established Final say on all lower federal court cases Final say on all lower federal court cases Final say on issues relating to the Constitution Final say on issues relating to the Constitution

Article 4 - States Each state must honor the laws of another Each state must honor the laws of another Helps to preserve states’ rights Helps to preserve states’ rights Helps to minimize conflict between states Helps to minimize conflict between states

Article 5 – Amending the Constitution Amend – to change Amend – to change Amendments – changes or additions Amendments – changes or additions Requires ¾ of the states to approve Requires ¾ of the states to approve 38 states out of 50 states 38 states out of 50 states Bill of Rights are Amendments 1-10 Bill of Rights are Amendments amendments in all 27 amendments in all

Article 6 – Constitution is Supreme Supreme law of the land Supreme law of the land No state law can violate the Constitution No state law can violate the Constitution If conflict between state and federal law, then the federal law takes precedence If conflict between state and federal law, then the federal law takes precedence

Article 7 – Ratification Procedure for ratification Procedure for ratification

Limited Government We govern by the consent of the governed We govern by the consent of the governed Popular sovereignty Popular sovereignty Rule by the people, not rule by the government Rule by the people, not rule by the government Three principles limit government’s power Three principles limit government’s power 1) Federalism – the division of power 1) Federalism – the division of power 2) Separation of Powers - Montesquieu 2) Separation of Powers - Montesquieu 3) Checks and Balances – the power of one branch to limit the powers of the other two branches 3) Checks and Balances – the power of one branch to limit the powers of the other two branches

Limited Government - Federalism Federalism – the division of power Federalism – the division of power 3 levels – national, state and shared powers 3 levels – national, state and shared powers Delegated powers – powers of Congress Delegated powers – powers of Congress Declare war, coin money (Level 1) Declare war, coin money (Level 1) Reserved powers – powers that states have Reserved powers – powers that states have Establish local governments, establish schools (Level 3) Establish local governments, establish schools (Level 3) Concurrent powers – powers shared by national and state governments Concurrent powers – powers shared by national and state governments Collect taxes, pass laws (Level 2) Collect taxes, pass laws (Level 2)

Federalism – Division of Power Level 1 Level 2 Level 3

Limited Government – Separation of Powers Legislative Branch Legislative Branch Makes laws Makes laws Executive Branch Executive Branch Enforces laws Enforces laws Judicial Branch Judicial Branch Interprets the laws Interprets the laws

Limited Government – Checks and Balances Branches can limit the powers of the other two Branches can limit the powers of the other two Legislative branch Legislative branch Impeach – accusation of wrongdoing Impeach – accusation of wrongdoing House accuses, House accuses, Senate can remove from office Senate can remove from office Override Presidential veto Override Presidential veto Approve Supreme Court justices Approve Supreme Court justices

Limited Government – Checks and Balances Executive branch Executive branch Veto laws passed by Congress Veto laws passed by Congress Nominates Supreme Court justices Nominates Supreme Court justices

Limited Government – Checks and Balances Judicial Branch Judicial Branch Interprets laws Interprets laws Declares laws unconstitutional (invalid) Declares laws unconstitutional (invalid) Declares executive acts unconstitutional Declares executive acts unconstitutional

Limited Government – Checks & Balances

The End

Who Am I? Hamilton Rutledge James Madison Washington Franklin

Warm Up Chapter Define bicameral. 2. Why did the delegates decide to keep their discussions secret? 3. What were the three main issues that arose during the debates at the Constitutional Convention?

Warm Up Chapter Define bicameral. A two-house legislature. 2. Why did the delegates decide to keep their discussions secret? If published, would limit the debate. Delegates wouldn’t be free to change their minds or to consider the common good rather than the more narrow interests of their own state.

Warm Up Chapter What were the three main issues that arose during the debates at the Constitutional Convention? Balance of power between the states and national government. How many representatives each state would have in Congress. Who would elect the President and members of Congress.