The Constitution

Plans of Government Virginia James Madison 1. Bicameral legislature based on population. 2. Strong Executive Branch 3. National Court System New Jersey William Patterson 1. Unicameral legislature with equal representation. 3. National Court system Connecticut The Great Compromise Roger Sherman 1. Bicameral legislature: Upper house equal (small states) and lower house based on population (large states)

Other Compromises Three-Fifths Every 5 enslaved persons would count as 3 free persons for determining congressional representation. Slave trade & commerce Congress can control all aspects of foreign and interstate trade, but they can not tax exports or stop the slave trade until it is re-addressed in twenty years. Executive The Executive branch will be lead by one individual called “President” and will be elected every four years by the Electoral College (that is their sole purpose) Northern states wanted Congress to be able to regulate foreign trade and trade between the states. Southern states feared this would lead to taxation of exports Also feared that the slave trade would be tampered with.

Ratification – Approving the Constitution Nine out of 13 states had to ratify the Constitution. Federalists supported the Constitution. They wrote a series of essays called the Federalist papers that were published in newspapers across the country. James Madison, Alexander Hamilton, and John Jay were the writers defending the Constitution. Anti-federalists were those that opposed the Constitution. They felt that too much power was given to the National government. They wanted a bill of rights – protect individual freedoms gained during the Revolutionary War. It was signed by the delegates on September 17, 1787. The Constitution took effect on June 21, 1788, when New Hampshire became the ninth state to ratify the Constitution. Rhode Island was the 13th state to ratify it in 1790. Madison argued in The Federalist, No. 10, that a large republic would better guard against “factions” or special interests than smaller republics or individual states

The Constitution Highest authority in the nation - Supreme law of the land. Provides the framework for gov’t in the United States. All powers of each branch of gov’t are in the Constitution. Consists of 3 parts – the Preamble, 7 Articles, Amendments

To promote healthy and happy life Part 1 - Preamble – an introduction that states the goals & purposes of the gov’t. We the people of the United States , in Order to form a more perfect Union1, establish Justice2, insure domestic Tranquility3, provide for the common defense4, promote the general Welfare5, and secure the Blessings of Liberty to ourselves and our Posterity6, do ordain and establish this Constitution for the United States of America.” 6 Purposes To unite To create equality To maintain peace To provide defense To promote healthy and happy life To guarantee basic rights of all citizens (present and future)

Part 2 - Articles Explains how the gov’t works Seven Articles: I. Legislative Branch II. Executive Branch III. Judicial Branch IV. Relations among states V. Amending process VI. National Supremacy VII. Ratification process

Article I describes the legislative branch as 2 houses with law making authority It describes how members will be chosen lists specific powers that they do and do not have

Article II establishes the executive branch, headed by a president and vice president explains how these leaders will be elected and can be removed describes their powers and duties

Article III establishes the judicial branch to interpret and apply the laws calls for Supreme Court and lower courts describes the powers of federal courts; lists the cases they have jurisdiction over

Article IV explains how states must respect one another’s laws or court decisions. explains the process of creating new states Article V specifies how the Constitution will be amended as the world changes, people knew that laws would have to be changed as well.

Article VI Declares that the Constitution is the “supreme Law of the Land” states how if federal law and state law conflict with one another, federal law will always prevail over state law Article VII states that the Constitution would take effect when nine states ratify it.

Part 3 - Amending the Constitution Process to formally change the Constitution. An amendment must be proposed and ratified. An amendment can be proposed by a 2/3 vote from both houses of Congress or by a national convention called by 2/3 of the state legislatures. The national convention has never occurred. An amendment can be ratified by the approval of ¾ of the state legislatures or by special ratifying conventions that pass in ¾ of the states. The ratifying convention has occurred only once – 21st amendment

Interpreting the Constitution The founders knew that the world would change in ways they could not predict This is why the Constitution was made as a general document and open to interpretation. Article I, section 8, clause 18 gives Congress the power to “make all Laws which shall be necessary and proper” to carry out its duties This “necessary and proper” clause allows Congress to exercise implied powers not specifically listed in the Constitution

Americans disagree on what laws are “necessary and proper” Loose interpretation: Congress can make any law that the constitution does not specifically forbid Strict interpretation: Congress can only make laws that the constitution gives them direct authority over. The Supreme Court has final authority on interpreting the constitution and can declare laws unconstitutional.

Principles Underlying the Constitution The framers had a common vision for government: It should be representative of the people and limited in scope Power should be divided among different levels; not in a single authority The Constitution was designed on 5 basic principles: Popular Sovereignty Rule of law Separation of powers Checks and balances Federalism

Popular Sovereignty The right of the people to rule themselves. Popular = the population or public Sovereignty = the right to rule Article IV guarantees a republic, in which supreme power belongs to the people Provisions such as the right to vote, ensure popular sovereignty Voters elect representatives and through the Electoral College, they elect a president. The president and representatives are there to serve the people.

Rule of Law The framers believed that government should be strong but not too strong The Constitution sets limitations by stating what government may and may not do - The law applies to everyone even those who govern; no one can escape the laws reach The Constitution protects the rights of all Americans. The Bill of Rights was added later to secure the rights of the people. A danger is that the majority may deny rights to the minority.

Separation of Powers Montesquieu believed the separation of gov’t functions was the best way to protect liberty. To keep one person or group from becoming too powerful, the framers divided gov’t in 3 branches with different functions Legislative: Congress. Makes laws - paper Executive: President. Enforces laws - rock Judicial: Supreme Court. Interprets laws - scissors

Checks and Balances Keeps one branch of government from becoming too powerful. Each branch can restrain (check) the power of the other branches Congress can block presidential appointments President can veto laws passed in Congress The Supreme Court can overturn laws

Federalism National government shares power with the states. This gives Americans freedom to provide for their own needs. Sectional differences Americans must obey both state and national laws

Powers are divided into 3 types r: Enumerated: Powers given to the national government. Reserved: Powers given to the state governments. Concurrent: Powers shared between national and state. When national and state laws conflict, the Constitution is the final authority. Neither national or state gov’ts can act in violation of it. The Constitution is durable and adaptable, providing gov’t enough power to keep order, protect, and defend but sets limits to avoid tyranny.

Writing Prompt What was the biggest obstacle the delegates faced when getting the Constitution approved? How did Federalists and Anti-Federalists view the role of the federal government differently, and how did they feel about the Constitution as a result? Please write legibly. There are several detailed questions in the prompt, all must be addressed. 

Warm up Writing Prompt: In your own words answer the following: What does it mean to say that governments derive their power from the “consent of the governed,” and how did belief in this principle help justify the American Revolution and our independence? Please write legibly. There are several detailed questions in the prompt, all must be addressed. 