The Constitutional Convention

The Constitutional Convention The Articles just have way too many problems. We need to start over. The Constitutional Convention Original Purpose: to fix the problems of the Articles of Confederation Chose George Washington to preside over the meeting Eventually, they decided that there were too many problems and they needed to just start over

“The Father of the Constitution” James Madison “The Father of the Constitution”

First Issue: How should each state be represented in the national government?

We hate this plan because larger states get more representation! Virginia Plan We like this plan because it gives us more power! Legislature made up of 2 houses Lower House: Representatives would be elected based on population Upper House: equal representation for each state Large States We hate this plan because larger states get more representation! Small States

Finally a plan that is fair! We hate this plan because its not fair! We have a bigger population! New Jersey Plan Legislature made up of one house Each state only sends one representative Finally a plan that is fair!

The Great Compromise Legislature made up of 2 houses Lower house= House of Representatives # of representatives based on state population Upper house= Senate Each state gets 2 representatives

Second Issue: Should slaves count toward population totals?

3/5ths Compromise Southern states wanted to include slaves in their population total Northern states believed this would give southern states an unfair advantage in the House of Representatives Agreed to count only three-fifths of a state’s slave population

Third Issue: How should the government be set up?

Two Concepts Frame the Government Limited government- government power is limited by a set of rules (Constitution) Separation of Powers- powers of the national government were divided between multiple groups instead of given to just one person or group

Confederation is out… Federalism is in! The founders ditched the Confederation and created a Federalism Government in which power is shared between the national government and the state governments

Powers of the National Government Enumerated powers Control foreign affairs Provide for national defense Regulate trade between states Coin money

Powers of the State Governments Reserved Powers Education Marriage laws Regulate trade within their state

Powers of both! Tax Borrow money Pay debts

Create Laws Enforces Laws Interpret Laws Separation of Powers Create Laws Enforces Laws Interpret Laws

Checks and Balances: How the each branch makes sure that the others don’t have too much power

The Electoral College: How the president is elected! Each state chooses electors equal to the total number of representatives and Senators in Congress from that state Those electors cast their vote for the presidential candidate that their state’s population chooses Which states are important for candidates to win?

After the Constitutional Convention, the Constitution was sent to the states for ratification or approval

We like strong government! Support the Constitution! Federalists Supported ratification of the Constitution George Washington, James Madison and Alexander Hamilton Supporters: people from urban areas, especially merchants, skilled workers, and laborers Wrote the “Federalist Papers” which explained the constitutional provisions (ex. separation of powers) to convince Americans to support the Constitution

We hate strong government! Do not support the Constitution! Anti-Federalists We hate strong government! Do not support the Constitution! Opposed ratification of the Constitution because they did NOT want a strong central government and wanted to protect people’s personal rights and freedoms Patrick Henry, Samuel Adams, Richard Henry Lee Supporters: people from rural areas who feared a strong central government that could tax them more Insisted a Bill of Rights be added to the Constitution to guarantee and protect citizen’s personal liberties and freedoms

Bill of Rights First 10 amendments to the Constitution Added to convince the Anti-Federalists to support ratification After it was added, the Anti-Federalists agreed to ratify the Constitution

The First Amendment Religious and Political Freedom R A P P S Freedom of: R eligion A ssembly P ress P etition S peech

The Second Amendment The Right to Bear Arms You have the right to own guns What are some recent issues with this amendment?

The Third Amendment Freedom from Quartering Troops The Federal government cannot force you to house federal troops in your private home. Why is this in the Bill of Rights?

The Fourth Amendment Freedom Against Unreasonable Search and Seizure Government agencies must have probable cause or an official warrant signed by a judge to search you, your stuff, your home, your car, etc.

The Fifth Amendment Rights of Accused Persons Grand Jury has to decide whether there's enough evidence for a trial Double Jeopardy You can’t be forced to testify against yourself You can't be killed, put in jail, or fined, unless you were convicted of a crime by a jury The government can't take your house or possessions unless they pay you for it

The Sixth Amendment Right to a Speedy, Public Trial You have the right to a speedy, public trial with an impartial jury You have the right to know what you are accused of You have the right to cross- examine any witnesses called against you and to call your own witnesses You have the right to an attorney

The Seventh Amendment Right to a Trial by Jury You have the right to a trial by jury in civil cases over $20

The Eighth Amendment Limits on Fines and Punishments Bail amount must fit the crime No cruel or unusual punishment

The Ninth Amendment Rights of the People Just because a right isn’t listed in the Bill of Rights, doesn’t mean the government can take that right away

The Tenth Amendment Powers of the States and the People Any powers not given to the Federal government in the Constitution belong to the states and the people