(CONSTITUTIONAL CONVENTION OF 1787) THE ESTABLISHMENT OF REPUBLICAN GOVERNMENT.

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(CONSTITUTIONAL CONVENTION OF 1787) THE ESTABLISHMENT OF REPUBLICAN GOVERNMENT

ESSENTIAL QUESTION TO BE ANSWERED: “HOW CAN GOVERNMENT BE CONSTITUTED WITH ENOUGH POWER TO PROTECT THE RIGHTS OF ITS CITIZENS WITHOUT THAT POWER BEING USED TO ENDANGER THE RIGHTS OF THOSE SAME CITIZENS?”

THE AMERICAN ANSWER: Federalism Separation of Powers (with Checks and Balances) These are the MAJOR PRINCIPLES OF AMERICAN CONSTITUTIONAL GOVERNMENT POWER IS SHARED BETWEEN THE NEW NATIONAL GOVERNMENT AND THE STATE GOVERNMENTS LEGISLATIVE (POWER TO MAKE LAWS)—CONGRESS EXECUTIVE (POWER TO ENFORCE LAWS)—PRESIDENT JUDICIAL (POWER TO INTERPRET LAWS AND MANAGE CONFLICT BETWEEN LAWS—SUPREME COURT

CHECKS AND BALANCES: SEPARATING POWERS IS NOT ENOUGH, THE POWER OF EACH BRANCH MUST BE KEPT IN “CHECK” BY THE OTHERS

JUDICIAL REVIEW: A SPECIAL KIND OF “CHECK” THE JUDICIAL BRANCH EXERCISES, ALLOWING IT TO DECLARE LAWS AND ACTIONS OF LOCAL, STATE, OR NATIONAL GOVERNMENTS INVALID IF THEY VIOLATE THE CONSTITUTION

CONFLICT AND COMPROMISE AGREEMENTS: George Washington President of Convention Secrecy Scrap the Articles of Confederation. But… Congress had instructed them to amend the Articles Plus, The Constitution was not submitted to CONGRESS for approval Is the Constitution, then, an illegal document?

CONFLICT AND COMPROMISE CONFLICT Equal Representation (New Jersey Plan) Proportional Representation (Virginia Plan) REPRESENTATION IN CONGRESS (SMALL V. LARGE STATES)

CONFLICT AND COMPROMISE COMPROMISE Equal Representation in the Senate Proportional Representation in the House of Representatives The GREAT COMPROMISE

CONFLICT AND COMPROMISE CONFLICT Outlaw Slavery? Outlaw the Slave Trade? SLAVERY How should slaves be counted for purposes of representation in Congress?

CONFLICT AND COMPROMISE COMPROMISE Slave trade would be unrestricted by Congress until 1808 Every 5 slaves (other persons*) would be counted as 3 non-slaves for purposes of representation in Congress (The “Three-fifths” clause)  * The framers did not want to “sully” the document by the use of the word “slave” or “slavery” SLAVERY Fugitive slaves who sought refuge in the North would be returned to their masters (The “Fugitive Slave” clause)