Creating the Constitution ROAD TO THE CONSTITUTIONAL CONVENTION

Getting Organized Held at Pennsylvania State House HOT ,HOT, HOT! George Washington presided over Convention Setting the Rules Very secretive – debates not reported in newspapers One vote per state                                      The Pennsylvania State House, circa 1800

Sharing Power with the States strong government might abuse power slave trade first becomes an issue (north vs. south)

Importation of Slaves Northern states wanted to ban the importation of slaves Southern states wanted to continue the importation of slaves The Compromise: The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person. The international slave trade legally continues until 1808.

Compromises about Congress The Three-Fifths Compromise North vs. South on population for House of Representatives Each slave counted as 3/5 vote for purposes of taxation and representation in the states

Trade Northern states: wanted tariffs on imported goods to protect against competition Southern states: did not want tariffs on their exports (crops) The Compromise: The Federal Government regulates interstate commerce (The Commerce Clause) Federal government can tax imports, but NOT exports

Madison’s Plan throw out Articles of Confederation strong nationalized government with 3 branches executive legislative House of Representatives Members directly elected Senate Chosen by House of Representatives Judicial Many feared the centralized national government – Why?

Big vs. Small States

Compromises about Congress How many representatives should each state have? LARGE vs. small states The Great Compromise Roger Sherman (CT) bicameral legislature (two house) House of Representatives based on state populations Senate: 2 representatives regardless of population Passed by one vote!

The Executive and Legislative Branches A Government by the People? Many delegates did not trust the American people to make an intelligent decision Citizens chose House of Representatives House of Representatives chose Senators Electoral College selects the President -39 delegates signed on September 17, 1787

THE STRUGGLE FOR RATIFICATION Federalism

The Federalists supported a strong, centralized government strong government would provide protection, maintain order, regulate trade, and guarantee rights of citizens centralized currency equated to stable trade

The Anti-Federalists a strong, central government endangers liberties (think England!!) representatives should meet in an area close to their constituents doors open to tyranny Bill of Rights Left out of original Constitution Anti-Federalists lobbied for it; Federalists didn’t need it stated

The Debate

The Federalist pro-Constitution newspaper articles emphasized problems America faced as a weak, young nation Constitution would protects rights of all citizens

Ratification Federalist party gaining momentum Federalists would add Bill of Rights Government born in June 1788 (NH was 9th state to ratify) By Spring of 1790 (two years!!!) all 13 states ratified

THE SUPREME LAW OF THE LAND

The Goals of Government “to form a more perfect union” Better than the Articles of Confederation “establish justice” “insure domestic tranquility” “provide for the common defense” “promote the general welfare” – benefit all Americans “and secure the blessings of liberty to ourselves and our posterity” (descendants)

The Articles: Article 1 House/Senate How to Pass a Bill Presidential veto – reject Enumerated/Delegated – powers given (to Congress) “elastic clause” – carry out laws “necessary & proper”

Article 2: The Executive Branch Authority based on popular consent May make treaties (but must be Senate-approved) Judicial appointees (confirmed by Senate) Authority based on popular consent May make treaties (but must be Senate-approved) Judicial appointees (confirmed by Senate)

Article 3: The Judicial Branch Interprets law Prior to Constitution only state courts; no system to settle state-to-state disputes Created Supreme Court; no legal issues unsettled = the final say

Further Articles Article 4: The States States must honor laws of other states Marriage licenses, driver licenses, etc.. Article 5: Amending the Constitution Amendments – changes ¾ of states must agree to amend the Constitution Article 6: The Supremacy of the Constitution No state law can violate the Constitution (the “supreme law of the land”) Article 7: Ratification Procedure for ratifying the Constitution

Amendments to the Constitution Only 17 amendments have been added since the Bill of Rights

Principles of Limited Government Federalism – the division of power between the states and the federal or national government. Concurrent Powers – powers shared by the state and federal governments Power to tax, establish courts, and borrow money Reserved Powers – powers that the Constitution neither gives to Congress nor denies to the states. Establish schools, organize police departments

Principles of Limited Government Separation of Powers State and federal government Executive, legislative, & judicial Checks and Balances – each of the three branches of government is given power to limit the powers of the other two branches. Impeach – accusation against the President or other high official of serious wrongdoing. (Legislative check against the Executive)