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THE SUPREME LAW OF THE LAND CREATING THE CONSTITUTION The Supreme Law of the Land
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ARTICLES OF CONFEDERATION America’s 1 st Constitution as an independent nation Very WEAK national government Could not tax Did not have power over the states No executive Gave the STATES too much power Fearful of creating a government similar to the one they just won independence from Great Britain – monarchy
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CONSTITUTIONAL CONVENTION PHILADELPHIA, Pennsylvania Held in secret Why? feel free to speak mind without criticism of public Create the most perfect Constitution before presenting it to the public Closed windows; summer in Philly: HOT!!!
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FOUNDING FATHERS 55 delegates All white, wealthy, educated men GEORGE WASHINGTON was the president of convention because HE WAS TRUSTED AFTER THE REVOLUTIONARY WAR JAMES MADISON “Father of the Constitution” Came to convention with a PLAN Took NOTES – over 600 pages! Gave over 200 SPEECHES CONVINCED George Washington to attend
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FOUNDING FATHERS SHARED IDEAS Believed a government should protect RIGHTS of people Government must have the consent of the GOVERNED Form of government used: REPUBLIC country governed by elected REPRESENTATIVES ARGUING ISSUES How powerful should the NATIONAL government be? How will the STATES be represented? How should SLAVES be counted? How should the PRESIDENT be elected?
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ISSUE 1: HOW SHOULD STATES BE REPRESENTED? Representation in the LEGISLATIVE (Lawmaking) branch Large states vs. small states (population) NEW JERSEY Plan: SMALL states supported this plan EQUAL representation All states have the same amount of representatives VIRGINIA Plan: LARGE states supported this plan PROPORTIONAL representation The amount of representatives a state has depends on it’s population Higher population = more representatives
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THE GREAT COMPROMISE Solution: Legislature will have a TWO-HOUSE Congress HOUSE OF REPRESENTATIVES represents the people Number of representatives from each state depends on it’s POPULATION Proportional representation SENATE represents the states EQUAL number of representatives from each state – 2 Equal representation
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ISSUE 2: HOW SHOULD SLAVES BE COUNTED? North vs. South People or property? South wanted: Slaves counted as PEOPLE so they could have more representation in the House of Representatives North wanted: slaves counted as PROPERTY that Southern slaveowners would have to pay taxes on If slaves are people, let them vote
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3/5 COMPROMISE Solution: Every 3 out of 5 slaves would be counted for taxation and population purposes 1 slave = 3/5 person
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ISSUE 3: HOW SHOULD THE CHIEF EXECUTIVE BE ELECTED? One executive or three? Solution: one president with vice president to serve a 4-year term Who will choose the president? Some wanted CONGRESS to choose What if he acts in favor of Congress? Would that give Congress too much power? Some wanted the PEOPLE to choose What if they just vote for someone from their state? Are the people educated enough to choose their president?
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ELECTORAL COLLEGE Each state has an ELECTORAL COLLEGE that votes for the President & Vice President Number of electoral votes from a state = number of CONGRESS members from that state (representatives + senators)
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THE CONVENTION ENDS The Constitution needed to be ratified by 9 of the 13 states By the people, not the states Not all delegates signed the Constitution
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REACTIONS TO THE CONSTITUTION FEDERALISTS SUPPORTED the ratification of the Constitution Believed the Constitution created a STRONG federal government but also divided the power in several ways, therefore making the government unable to abuse its power James Madison, Alexander Hamilton, and John Jay wrote the Federalist Papers to explain how the new constitution worked and how it divided the power ANTI-FEDERALISTS Did NOT support the ratification of the Constitution Believe the federal government was TOO STRONG and would abuse its power Feared Congress could ruin the country with taxes It does not list the RIGHTS OF THE PEOPLE Did not want to give up states power
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