#2 –What role did compromise play at theConstitutional Convention?”
“If Men were Angels, No government would be necessary” James Madison Father of the Constitution
Flaws in the Articles of Confederation Economic Problems No tax collection – had to pay a huge debt of $190 million Foreign Policy Problems No trade regulation (rules) foreign policy issues with Spain (closed Miss. River and Great Britain did not evacuate forts. Not Unified 9 out of the 13 states were needed to pass a law All 13 states had to agree on all changes No executive branch or Federal Courts
John Dickinson Delaware “The success of government depended on virtuous people” Idea of civic virtue plays important role – good of the nation above personal interests
Independence Hall - Philadelphia
(May 1787) Constitutional Convention Philadelphia, Pennsylvania 56 delegates attend All states represented except Rhode Island George Washington is selected as President Goals: Revise the Articles
Who’s Who at Independence Hall James Madison – Virginia, age 36 –aka. Father of the Constitution Alexander Hamilton, New York, age 30 Washington, Virginia, 50 Franklin, Pennsylvania, 81 Patrick Henry, Virginia – does not attend “I smell a rat” When it comes to ratification Edmund Randolph - Virginia Jefferson & Adams are out of the country.
Key Issues at the Convention Strong Central Government vs. Strong States Central Government should have more power Large States vs. Small States Representation Who will have more of a say in government North vs. South The issue of slavery
Federalism – Shared Power between National & State Governments To protect the rights of the States DELEGATED POWERS. Powers granted only to the National Government RESERVED POWERS. Powers reserved for the State Government CONCURRENT POWERS. Powers shared by both
The Federal System Shared Power
Examples of Delegated Powers Levy tariffs and taxes Regulate trade – foreign and interstate Coin money Maintain and army and navy Declare war Establish post offices Establish courts
Examples of Reserved Powers Tax their citizens Control public education Punish criminals Protect public health and safety Conduct elections Establish local governments Make marriage laws
Examples of Concurrent Powers Maintain law and order Levy taxes Borrow money Take land of public use (Eminent Domain) Provide for the public welfare
Federalism Established So that the federal government be balanced. Power to be shared between different branches.
SEPARATION OF POWERS WITHIN FEDERAL GOVERNMENT Create Three Branches Proposed by: Edmund Randolph 1748 - Enlightenment writer Montesqeiu wrote of separating governmental power. Executive Branch – President, Vice President, Cabinet VP also serves as the President of the Senate in order to break ties. Legislative Branch The Senate and the House Judicial Branch – Supreme Court Rules on the objections against a law
Virginia Plan Big state plan Proposed by James Madison Bicameral (two houses) Representation based on population
New Jersey Plan Small state plan Proposed by William Patterson Unicameral (one house) Representation equal for each state This could give control of Congress to the 7 smaller states
The Great Compromise Roger Sherman of Connecticut There should be two houses: One house based on population (Proportional Representation) One house that is equal (2 for each state)-Equal Representation
Three-fifths Compromise Proposed by Roger Sherman Compromise Again Because of proportional representation Do we count slaves? Three-fifths Compromise Proposed by Roger Sherman 3/5s of slaves would be counted. Congress could not interfere with the slave trade for 20 years. 1808 could be the earliest that the slave trade could be outlawed.
Article I The Legislative Branch Job Description: To make laws
Legislative Branch Job Description Passes all laws House of Representatives introduces and passes all budget bills Senate must approve presidents appointments - judges, ambassadors Senate must approve treaties
Who Works There? Legislative Branch - Bicameral The Senate Equal Representation 2 Senators each State 100 total senators House of Representatives Proportionate Representation Based on population 435 total Congressman NJ has 12 Congressman
Article I Legislative Branch Requirements to hold office: Senate: - Equal Representation Be at least 30 years old Live in the state you are elected in Be a citizen for at least 9 years Serve for 6 year terms House of Representatives: Proportional Representation Be at least 25 years old Be a citizen for at least 7 years Serve for 2 year terms
Article II The Executive Branch Job Description: Enforces the laws Consists of the President, Vice President & Cabinet Can serve 2 four year terms
Executive Branch Requirements to hold office: Be at least 35 years old Must be born in the United States of America Be a resident for the last 14 years.
Executive Branch Job Description Carries out the Laws – makes sure the laws are obeyed Makes treaties with other nations President appoints ambassadors President appoints judges in the Judicial Branch for a life term President writes a budget and suggests legislation to Congress
Article III Judicial Branch Job description: To interpret the laws Who works there? The Supreme Court
Who Works There? Judicial Branch The Supreme Court 8 Justices + 1 Chief Justice No ties Job Description – Interpret the Laws Decides Constitutionality of laws or decisions of the President
Article III Judicial Branch Requirements to hold office: They are appointed by the President They are approved by Senate Serve for life
Make it Work Better Supremacy Clause – Federal law would be the highest, most important law of the land Elastic Clause – provision that gives congress implied powers Electoral College - made up of the number of senators and representatives – those who elect the President