1. Constitutional Convention & the 3 branches of government

2. The Philadelphia Convention
The Constitutional Convention (May-Sept. 1787)
Purpose: Meeting to fix the Articles of Confederation
How Conducted: 12 States represented (55 delegates) Rhode Island refused
Leader: George Washington elected president of the convention
John Adams, Ben Franklin, Alexander Hamilton, James Madison all present (no Jefferson)

3. James Madison After short debate, delegates agree to scrap the AOC
“The Father of the Constitution”
Primary writer

4. Problems at Convention
Representation
Slavery
Executive Branch
Trade
Checks and Balances/Separation of Powers

5. Constitutional Compromises
Representation
*Virginia Plan – Representation based on population
*Bicameral -- 2 house legislative branch
* “Big State Plan” – unfair to small states
* New Jersey Plan – Equal representation
* Unicameral – 1 house legislative branch
* “Small State Plan” – unfair to large population states

6. The Great Compromise
The “Connecticut” Compromise, written by Roger Sherman of Connecticut
Structure: Bicameral legislature (2 houses)
One house based on population (House of Reps)
One house based on equal representation (Senate)

8. Other Compromises Slavery
*3/5 Compromise – of every 5 slaves, three counted toward population
What would the free states have wanted?
What would the slave states have wanted?

12. Electoral College Would we have a president?
How do we pick the president?
Executive Branch
*Electoral College – our method for electing a president

13. Ratification (Passage)
9/13 states must ratify to pass
DE, NJ, GA, CT 1st to adopt
PA 1st Large State
MA, MD, SC, NH
June 21, 1788 – Constitution is officially adopted
*NY, VA, RI, NC adopt because they have no choice!

14. Federalists vs. Anti-Federalists
1st 2 political parties
Federalists – supported the new Constitution
Alexander Hamilton, James Madison, John Jay
Write Essays under penname Publius (Federalist Papers)
Argue for the new constitution
Anti-Federalists – wanted more protections for individual rights (AKA Democrat-Republicans)
Patrick Henry, Samuel Adams, Richard Henry Lee
Write papers known as the Anti-Federalist Papers
Argue for individual rights

16. What was missing?
Will not be added until 1796

17. The Bill of Rights (1791) – Washington’s Major Accomplishment
1. RAPPS
Freedom of Religion, Assembly, Press, Petition, Speech
2. Right to Bear Arms
3. No Quartering of Soldiers
4. No illegal Search and Seizure
5. No Double Jeopardy, Self Incrimination, Eminent Domain, etc…
6. Speedy Public Trial, Lawyer
7. Trial by Jury
8. No Cruel/Unusual Punishment or Excessive Bail or Fines
9. Constitution is not a limited document
10. Reserved Powers

18. The Three Branches of Government
Picture courtesy of

19. Back to philosophy Montesquieu: “Spirit of the Laws”
Believed that there are 3 types of gov’t:
Republic (democratic or aristocratic), Monarchy, and Despotism (dictator)
That is order to have the best gov’t, power should be separated within gov’t

20. Introduction U.S. Constitution divides powers among three branches
“Separation of Powers”
Why was this done?

21. Separation of Powers Limits government powers
Prevents any one branch from having too much power

22. Three Branches of Government
Legislative Branch
Executive Branch
Judicial Branch
What does each branch do?

23. Three Branches of Government
Legislative Branch – makes the nation’s laws
Executive Branch – carries out the laws
Judicial Branch – interprets the laws

24. 3 Branches of Government
Executive
Branch
Legislative
Judicial
Congress
President &
Vice President
Supreme Court
Advisors &
Appointees
Senate
House of
Representatives
Federal Court
System

25. Legislative Branch Article 1 of the Constitution
Congress – law-making branch
Two houses
Senate
House of Representatives

26. Picture courtesy of en.wikipedia.org

27. Executive Branch Article 2 of the Constitution
Executes, or carries out, nation’s laws
President, Vice President, appointees & advisors

28. Photo courtesy of www.john-daly.com

29. Judicial Branch Article 3 of the Constitution
U.S. Supreme Court & federal court system
Interprets laws
Punishes law-breakers
Determines if laws
are constitutional

30. Photo courtesy of web.utk.edu

31. Checks & Balances Each branch has its own powers
Yet, no branch can become too powerful
How does the Constitution balance the powers?

32. Checks & Balances
Each branch has powers to check, or limit, the powers of the other 2 branches

33. How does this work? Congress has power to make laws
President has power to veto, or turn down, proposed laws
President can check power of Congress

34. Can Congress check the President’s power?
Congress can override, or pass a law over President’s veto
2/3 majority vote in both houses needed

35. Is the Supreme Court involved in law-making?
Supreme Court can check the powers of Congress and the President
Interprets laws
Determines if laws are constitutional