The Constitutional Convention "A More Perfect Union"
Declaration of Independence Based on Locke’s concept that a government that does not protect it’s citizens has broken the social contract. List of grievances against the British Crown.
Why do we Need the Constitutional Convention? Articles of Confederation made the central government too weak. Federal gov’t could not tax, or Regulate trade Amendments unanimous
Convention VIPs George Washington James Madison Alexander Hamilton Benjamin Franklin
Who's Yo Daddy? James Madison wrote it (the mastermind if you will)…but Edmund Randolph proposed it
Does Anyone Have A Plan? James Madison
Virginia Plan Bi-cameral Congress
Representation based on population Virginia Plan Representation based on population
Who liked the Virginia plan better? a. Big States B. Small States
Does Anyone Have A Plan? James Madison William Patterson
New Jersey Plan Uni-cameral Congress
Representation based on equality between the states New Jersey Plan 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Representation based on equality between the states 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
Who liked the New Jersey plan better? a. Big States b. Small States
Virginia Plan New Jersey Plan Number of houses in Legislature 2, bicameral 1, unicameral Representation based on… By each states’ population or by how much financial support a state gave the gov’t Equal representation for each state Representatives chosen by… Elected by a popular vote in lower house, upper house chosen by members in lower house Elected by state legislatures Branches Legislative, Executive, Judicial Other Gov’t could tax and regulate foreign and interstate commerce
Connecticut Compromise Number of houses in Legislature 2, bicameral Representation based on… By each states’ population or by how much financial support a state gave the gov’t Equal representation for each state Representatives chosen by… Elected by a popular vote in lower house, upper house chosen by members in lower house Elected by state legislatures Branches Legislative, Executive, Judicial Other Gov’t could tax and regulate foreign and interstate commerce
Connecticut Compromise Compromises Connecticut Compromise 3/5ths Compromise
Principles of the Constitution Popular Sovereignty (authority of the government comes from the people) Limited Government National government ≠ absolute authority Government must follow the Rule of Law Government must follow constitutional principles American People: We would like to raise taxes… HAH! I don’t think so! Wrong Again! Not gonna happen! Try again :P Nope! I’d like to see you try :P You wanna rethink that, buddy?
Federalism Federalism (sharing) Federal Powers: coin money, regulate trade, establish post offices, declare war, maintain an army State Powers: qualifications for voting, conduct elections, create local gov’ts, maintain schools Shared Powers: levying taxes, defining crime
The Constitution "A Living Document"
Preamble “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” A list of the Purposes of Government “General Welfare” means to help the people Influenced by VA Declaration of Rights Purpose of gov’t is to protect the people
What is the Constitution Sets up the structure of the US Gov’t Affirms our individual worth Equality under the Law (in the Amendments)
Article I: Legislative Branch Separation of Powers: House of Representatives and Senate Power to make laws Collect taxes, regulate trade between countries and states, declare war, establish post offices, raise an army, print and coin money etc. Checks and Balances: Senate: approve Presidential appointments and treaties made by the President Both: override a Presidential veto on a law Both: impeach, or remove, a President, Vice President, or appointed official Both: propose amendments to the Constitution
Article II: Executive Branch Separation of Powers: President, Vice President, Cabinet, other departments (i.e. EPA, Federal Reserve, etc.) Power to enforce laws Checks and Balances: President: veto bills passed by Congress President: call special Congressional sessions President: recommend legislation
Article III: Judicial Branch Separation of Powers: National and State Courts Supreme Court, District Court, Appeals Courts, Small Claims Court, Family Court, Regional Courts, etc. Interpret Laws Checks and Balances: Judicial Review (NOT WRITTEN IN THE CONSTITUTION!) Supreme Court may declare an act of Congress, or the President, unconstitutional
Article IV: Relations Among the States Full Faith and Credit Each state recognizes the laws, court decisions, and records of all other states Extradition of individuals from one state to another Federal protections of individual states
Article V Amending the Constitution 1. 2/3rds of Congress (both Houses) or State Legislatures approve. 2. Ratified by 3/4ths of the State Legislatures 3. There have been 27 Amendments. PURPOSE: For the Constitution to accommodate change. Anti-Federalist feared the Constitution was too strong of a central government. Patrick Henry and George Mason Passed the Bill of Rights to ease their fears (First 10)
Article VI: National Supremacy Supremacy Clause: All national laws supersede state laws No state may pass a law that contradicts or impedes a federal law
Article VII: Ratification Approval of the state to adopt the new government 9 of 13 state legislatures needed to approve the Constitution for it to go into affect Federalists: James Madison, George Washington
Values and Principles in the Constitution Key Examples: Limited Government: 3 branches of government Consent of the Governed: direct election of representatives Equality under the Law: judicial court system Rule of Law: constitution Majority Rule: House of Representatives and the Senate Guaranteed Rights and Freedoms: Bill of Rights