Foundations of the American Political System

The Mission How can we, as a group of delegates of various states, create a system of government-a new social contract-- that strikes the right balance between liberty and order?

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

Main Entry: 1 com·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 What is Compromise?

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)

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

Two Opposing Plans James Madison proposed “The Virginia Plan” Three branches of gov’t: Executive, Legislative, 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

COMPARISON Virginia Plan favored large states, big populations Supporters: Massachusetts, NY, Pennsylvania, Virginia New Jersey Plan favored small states Supporters: Delaware, Maryland, New Jersey vs

The Great Compromise Roger Sherman [Connecticut delegate] proposed a compromise plan: A two house “bicameral” legislature Senate ~ equal votes to please the small states House of Representatives ~ people based on population for the large states

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 House voting power

The Southern states would have had more electoral votes and Jefferson could have won.

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 * Voters, in a way, vote for electors who will vote for their preferences…BUT…

Slavery and Tariffs Northern States ~ agreed not to tax exports or interfere with the slave trade until after 1808 Southern States ~ agreed to allow the Congress to regulate interstate commerce as well as trade between nations

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

The Federalist 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.

The Power of Government Implied and expressed powers Supremacy Clause—”This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land;” (shall implies “you have to”) Commerce clause--"To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". (what is commerce?) Elastic Clause--"make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution.“ (Does necessary and proper mean good and useful?

The Power of Government Taxing Clause—”The Congress shall have Power To lay and collect Taxes” Take Care Clause—The Prez “shall take care that the laws be faithfully executed."

Powers and Limits Powers Supremacy Clause Elastic Clause Commerce Clause Taxing and Spending Clause Take Care Clause Commander in Chief Clause Full Faith and Credit Clause Privileges and Immunities Judicial review*** Limits Bill of Rights— 1 st Amendment—Speech, Expression 2 nd A: arms 3 rd A: no quartering 4 th : search and seizure 5 th and 6 th : criminal prosecution and trial 7 th : civil cases 8 th : cruel and unusual punishment 9 th : anything else implied 10 th : what’s unsaid is left to the states 14th—second bill of rights 15 th —citizenship 19 th —women can vote (18 th —only one that denies a right or liberty to people)

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 9 th state to ratify 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

Preamble dissected 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

Preamble dissected 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

Articles (I - VII) Article I – The Legislative Branch Article II – The Executive Branch Article III – The Judicial Branch Article IV – States responsibilities, 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