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Members Principles Agreements and Compromises
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Members 55 delegates White Males Statesmen, lawyers, planters. bankers, businessmen Most under age 50 ABSENT from the Convention John Adams- ambassador to England Thomas Jefferson- ambassador to France Patrick Henry- “smelled a rat” Sam Adams- not chosen by state to be part of the delegation
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Famous Members Alexander Hamilton- leader of strong government George Washington- chairman of the convention James Madison- ‘father of the Constitution’ Benjamin Franklin- oldest member at 81 was also at the 2 nd Continental Congress
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Agreements and Compromises All agreed that rights to property should be protected. Ben Franklin proposed universal suffrage for all males, but most wanted only those with land to vote Most delegates favored a bicameral legislature
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Agreements and Compromises Virginia Plan- favored by large states Proposed by James Randolph Written by James Madison Endorsed by Alexander Hamilton Wanted Government with a bicameral legislature Large house elected by popular vote Smaller house chosen by larger house members from nominees chosen by state legislatures Number of Representatives based on wealth
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Agreements and Compromises New Jersey Plan- favored by small states Proposed by William Paterson Unicameral house Each state one vote Did not require a strong central government
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The Great Compromise Aka: Connecticut Compromise Bicameral house- benefit all states One house called Senate Members chosen by the state legislatures Each state gets one vote One house called House of Representatives Members chosen by population Number of members based on population
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Agreements and Compromises Three-fifths clause favors Southern states All slaves would be counted in the census for representation in the House as 3/5ths of a man
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Agreements and Compromises Electoral College People chosen by the state legislatures Vote for president and vice-president Supposed to reflect the will of the people
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Agreements and Compromises Slave and trade compromise Benefits both North and South No taxes on exports No interference with the slave trade for 20 years
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Agreements and Compromises Amendment compromise 2/3 vote of each house of Congress and ratified by ¾ of the state legislatures 2/3 vote of both houses and ratified by state conventions of ¾ of the states (used 21 st amendment)
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Agreements and Compromises Proposed by a national constitutional convention requested by 2/3 state legislatures and ratified by ¾ state legislatures (never used) Proposed by the national constitutional convention and ratified by ¾ of the specially formed state conventions
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Agreements and Compromises Informal Amendments- broad language allows for interpretation as things and events change our country Legislature- Commerce clause (art. 1 sec. 8) Legislation dealing with technology not even thought of when the Constitution was written.
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Agreements and Compromises Executive – Presidents make executive agreements with other countries. Not a delegated power Do not have to be ratified by the Senate
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Agreements and Compromises Judicial- Judicial review- the power of the court to interpret the Constitution Judicial power to determine if a law is unconstitutional
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PREAMBLE – States the purposes of government Article 1: Legislative Branch Article 2: Executive Branch Article 3: Judicial Branch Article 4: Relations among the States Article 5: Amending Process Article 6: National Supremacy Article 7: Ratification of the Constitution
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LEGISLATIVE BRANCH CONGRESS HOUSE of REPRESENTATIVES 435 members Based On Population TERM LEVEL – 2 years SENATE 100 members 2 per state Each state has equal representation TERM LEVEL – 6 years
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EXECUTIVE BRANCH PRESIDENT TERM LEVEL – 4 years VICE PRESIDENT President of the Senate TERM LEVEL – 4 years 15 Executive Departments (Cabinet) Each headed by a “Secretary” Independent Agencies (NASA, Post Office, FDA, CDC, etc)
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JUDICIAL BRANCH SUPREME COURT 9 Justices TERM LEVEL – Life terms DISTRICT COURTS Trial Courts COURT of APPEALS Appeal Courts
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The Bill of Rights The First 10 Amendments to the Constitution Take notes on the slides as they appear.
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1st Amendment The 1st Amendment guarantees freedom of religion, speech, the press, assembly, and petition. This means that we all have the right to: practice any religion we want to to speak freely to assemble (meet) to address the government (petition) to publish newspapers, TV, radio, Internet (press)
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2nd Amendment The 2nd Amendment protects the right to bear arms, which means the right to own a gun.
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3rd Amendment The 3rd Amendment says “No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.” This means that we cannot be forced to house or quarter soldiers.
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4th Amendment The 4th Amendment protects the people from unreasonable searches and seizures. This means that the police must have a warrant to enter our homes. It also means the government cannot take our property, papers, or us, without a valid warrant based on probable cause (good reason).
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5th Amendment The 5th Amendment protects people from being held for committing a crime unless they are properly indicted, (accused) You may not be tried twice for the same crime (double jeopardy) You don ’ t have to testify against yourself in court. (Self-incrimination)
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6th Amendment The 6th Amendment guarantees a speedy trial (you can ’ t be kept in jail for over a year without a trial) an impartial jury (doesn ’ t already think you are guilty) that the accused can confront witnesses against them the accused must be allowed to have a lawyer
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7th Amendment The 7th Amendment guarantees the right to a speedy civil trial. A civil trial differs from a criminal trial. A civil trial is when someone sues someone else. A criminal trial is when the state tries to convict someone of a crime.
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8th Amendment The 8th Amendment guarantees that punishments will be fair and not cruel, and that extraordinarily large fines will not be set.
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9th Amendment All rights not stated in the Constitution and not forbidden by the Constitution belong to the people. This means that the states can do what they want if the Constitution does not forbid it.
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10th Amendment The 10th Amendment states that any power not granted to the federal government belongs to the states or to the people.
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1. FREEDOM of Religion, Press, Speech, Assembly, Petition 2. RIGHT TO KEEP AND BEAR ARMS 3. No QUARTERING of soldiers in peacetime 4. NO UNREASONABLE SEARCH and SEIZURE 5. PROTECTION of ACCUSED 6. RIGHT TO A SPEEDY, PUBLIC TRIAL BY JURY 7. TRIAL BY JURY IN CIVIL SUITS 8. NO EXCESSIVE FINES or CRUEL PUNISHMENT 9. POWERS RESERVED TO THE PEOPLE 10. POWERS RESERVED TO THE STATES First 10 Amendments to the Constitution in 1791 Rights and freedoms won in the Revolution are preserved and protected… Bill of rights
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