Chapter 5 Creating the Constitution

The delegates debated on how to set up our government….it didn’t happen overnight Most agreed that a national government was needed, not just an alliance of states Many agreed with Montesquieu’s idea of three branches of government The thing they disagreed on most was who should have more power…the states or the national government

George Washington was the presiding officer of the convention They decided to keep all their discussions secret They didn’t want the talk to leak to the newspapers Doors and windows were kept shut (no air conditioning…) Removed all notes each day They met 6 days a week with no meal breaks… May 25, 1787 is when It began

Imagine wearing these clothes with no air conditioning!

What did they come up with at the convention? Under the AOC Loose alliance of independent states One house legislature No Executive or judicial branch Only states can tax States can coin money No regulation of trade Most power held by states New Constitution National gov’t representing all citizens Two house legislature (bicameral) Established executive and judicial branch Congress got power to tax Only the national gov’t can coin money National government regulates trade Power shared between state and federal government

At one time, they did not want a direct election.. Some thought that the general public would not be sufficiently informed or have the good judgment needed to elect the President and Congress….hmmmm

Plans Proposed for Government Virginia Plan Proposed strong national gov’t with 3 branches Representation based on state population Seemed radical by some states Fear of a too strong national gov’t New Jersey Plan Smaller states were afraid they would be outvoted in VA Plan Proposed one house legislature Each state would have equal representation

The Great Compromise A struggle on how to organize the government Both plans did not want to give up their ideas Big question: how many representatives Things seemed to be going nowhere New plan 2 house legislature (bicameral) House of Representatives on population Senate with 2 senators from each state despite population

The Great Compromise of 1787

Who liked it and who didn’t? The Federalists (James Madison, Alexander Hamilton, John Jay, George Washington) Supported the new constitution and a strong federal government The federalists convinced the states to approve after long debates Anti-Federalists (Patrick Henry) Feared a strong national government would endanger people’s freedoms or liberties Laws “necessary and proper” scared them because Congress had the power here Wanted a Bill of Rights

The Federalist Papers Federalist response to the Anti-Federalists Published in newspapers Explained why a new government was needed in their eyes

What was needed to ratify the Constitution? 13 states finally ratified Approved by stated conventions

The BIG DAY! September 17, 1787 Constitution Signed Welcome to America! Based on popular sovereignty

Goals of the government-Preamble To form a more perfect union To establish justice To insure domestic tranquility To provide for the common defense Promote the general welfare Secure blessings of liberty to ourselves and our posterity

Articles Set up the legislative branch (Congress) 2. Set up the executive branch (president) 3. Set up the judicial branch (Supreme Court) Separation of Powers ring a bell? Do you think they are in order of importance?

Limited Government Our constitution sets up a system of FEDERALISM-powers are shared between the states and the federal government CONCURRENT POWERS-powers shared by states and federal government RESERVED POWERS-powers not given to Congress but not denied to the states

Checks and Balances Each branch can check the power of the other