Foundations of the American Political System Unit Plan 02 Civics

The Constitution Chapter 3

Why? Their leaders opposed a strong central government Who was the only state that chose not to participate in the Constitutional Convention? Rhode Island Why? Their leaders opposed a strong central government Textbook p. 52

Constitutional Convention 1787 Who attended? 55 men of distinction: lawyers, merchants, college presidents, doctors, generals, governors, and planters Who did not attend? Native Americans, Women, and African Americans (not considered part of the political process) Textbook p. 52

Convention gets Organized Who did the delegates select as the leader of the convention? George Washington, Revolutionary war hero Rules: Each state gets one vote Seven states or more must be present Strict secrecy for all discussions Textbook p. 53

The Mission Given the task of fixing the Articles of Confederation by Congress, the delegates quickly decided to do what? Scrap the Articles of Confederation and create a new Constitution Textbook p. 54

Writing the Constitution

Two Opposing Plans James Madison proposed “The Virginia Plan” Three branches of gov’t: Legislative, Executive, and Judicial Bicameral “Two House” Legislature Legislative seats determined by states’ populations William Paterson countered “The New Jersey Plan” Three branches of gov’t (same three) Unicameral “One House” Legislature Legislative seats determined as one vote per state Textbook pp. 56-57

COMPARISON New Jersey Plan favored small states Supporters: Delaware, Maryland, New Jersey Virginia Plan favored large states, big populations Supporters: Massachusetts, NY, Pennsylvania, Virginia vs Textbook pp. 56-57

The Great Compromise Roger Sherman [Connecticut delegate] proposed a compromise plan: A two house “bicameral” legislature Senate ~ each state has equal votes to please the small states House of Representatives ~ each state has representation based on population for the large states Textbook pp. 56-57

Roger Sherman

The 3/5 “Three-Fifths” Compromise How should the government count slaves in the population calculation for Congress? South ~ Each slave should count North ~ Slaves give the South unfair advantage in Congress; Slaves are property and should not count in equation Resolution: Count every 5 slaves as 3 free persons to determine Population to increase Southern Representation in the House of Representatives. Textbook pp. 56-57

Constitution built on Compromises Besides the Great Compromise and the 3/5 Compromise, other Compromises were made

What is Compromise? Main Entry: 1com·pro·mise   1 a : settlement of differences by arbitration or by consent reached by mutual concessions Translation ~ You give a little, I give a little

Electoral College Debate: Should the people choose the president? Should the Congress choose the president? Resolution: Electoral College ~ a group of people who would be named by each state legislature to select the President and Vice President * Now the Electors are chosen by the voters Textbook pp. 57-58

Commerce &Slave Trade Compromise Debate- Who controls Trade, Northern States ~ agreed not to tax exports EVER or interfere with the slave trade until after 1808 (20 Years) Southern States ~ agreed to allow the Congress to regulate interstate commerce as well as international commerce. Commerce means- trade Textbook pp. 57-58

Federalists vs. Anti-Federalists Americans reacted to the Constitution in two separate ways: Federalists ~ supporters of the Constitution who believed in federalism {a form of government where power is shared between the federal or national gov’t and the states} Anti-Federalists ~ opposed the Constitution because it gave too much power to the national gov’t and took away from the power of the states Textbook pp. 58-59

The Federalist papers James Madison stated, “A republic, by which I mean a government in which the scheme of representation takes place… promises the cure for which we are seeking.” Alexander Hamilton, John Jay, and James Madison used this publication to defend the need for a strong national government and the proposed Constitution. Textbook pp. 58-59

Ratification of the Constitution Federalists agree with Anti-Federalists that a Bill of Rights is needed for the Constitution Promise of a Bill of Rights speeds approval of the Constitution June 21, 1788 – New Hampshire becomes the 9th state to ratify the Constitution Ratify means- to approve Textbook p. 59

Critical Thinking Drawing Conclusions Why were Southerners at the Constitutional Convention fearful of government control of trade? Southerners feared that Congress might stop slave traders. You should note that without the compromise, Southerners may not have supported the Constitution.

Structure of the Constitution Preamble An introduction of the goals and purposes of the government The Articles (7) The structure of the government The Amendments (27) Additions or changes to the Constitution Textbook pp. 82-83

Preamble dissected (part I) Six Purposes of Government: “To form a more perfect Union” ~ Make states operate together efficiently 2. “To establish Justice” ~ Create a fair system of laws and courts 3. “To ensure domestic Tranquility” ~ Maintain peace, order and keep people safe Textbook p. 83

Preamble dissected (part II) 4. “To provide for the common defense” ~ Have a military prepared to defend 5. “To promote the general Welfare” ~ Help people live happy and healthy 6. “To secure the Blessings of Liberty to ourselves and our Posterity” ~ Guarantee the freedoms and basic rights for future generations Textbook p. 83

Articles (I - VII) Article I – The Legislative Branch Article II – The Executive Branch Article III – The Judicial Branch Article IV – Full Faith and Credit, process for creating new states, federal government promises to protect and defend the states Article V – Process for amendments Article VI – Constitution is the “Supreme law of the land” Article VII – Approval when 9 states ratify it Textbook pp. 83-85

Making Amendments or Changes Amendment process is deliberately difficult Amendments are a two-step process: 1. Proposal a. 2/3 of Congress (Senate and House) can vote for proposing a change b. 2/3 of State Legislatures can vote for a convention to propose a change 2. Ratification ¾ of States must vote to ratify amendments Textbook pp. 86-87

Article I “Necessary and Proper Clause” The Constitution gives Congress the power “to make all Laws which shall be necessary and proper” to carry out its duties. Two interpretations: Loose ~ Congress should be allowed to make any laws the Constitution does not specifically forbid Strict ~ Congress should make only laws written in the Constitution Textbook pp. 86-87

5 Principles of Government found in the US Constitution Popular Sovereignty Rule of Law Separation of Powers Checks and Balances Federalism Textbook pp. 89-93

Popular Sovereignty Defined ~ the notion that the power lies with the people in a democracy Governments should draw their powers from “the consent of the governed” “Popular” means of the people “Sovereignty” means the right to rule Textbook pp. 89-90

Rule of Law Defined ~ the Constitution and the Law applies to everyone even those who govern “You must first enable the government to control the governed, and in the next place oblige it to control itself.” - - James Madison The rulers of the government must also be held accountable Textbook p. 90

Separation of Powers Defined ~ the split of authority among the legislative, executive, and judicial branches Separation was created to avoid one person or group of persons abusing power Baron de Montesquieu ~ French philosopher who believed that the best way to protect the liberty of the people was to separate branches of government Textbook p. 91

Checks and Balances Defined ~ each branch of government is able to check or restrain the power of the others Examples: [legislative] Congress can override his veto with a 2/3 vote of both houses [executive] The President can veto laws passed by Congress [judicial] The Supreme court can declare laws unconstitutional Textbook pp. 91-92

Federalism Defined ~ shared power between national and state governments 3 types of powers: Expressed Powers – those powers specifically granted to the national government Examples: Coin Money, Make foreign treaties Textbook pp. 92-93

Federalism 3 types of powers (continued): Reserved Powers – those powers not given to the national government are ‘reserved’ for the states Examples: Establishing schools, making marriage and divorce rules Textbook pp. 92-93

Federalism 3 types of powers (continued): Concurrent Powers – the powers where the state and national government authority overlaps Examples: Collecting taxes, borrowing money, establishing courts and prisons Textbook pp. 92-93