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Creating the Constitution
Chapter 5
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Constitutional Convention
Chapter 5
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Warm Up
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No executive branch to enforce laws
Difficult to amend/change the Articles because a unanimous vote was needed It was difficult to pass laws because 9 of 13 states approval was needed. No executive branch to enforce laws No judicial branch to interpret laws Weaknesses of the Articles of Confederation No means to regulate trade with foreign countries. No common currency Congress lacked the power to collect taxes.
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Constitutional Convention
Meet & Discuss Constitutional Convention WHEN/WHERE/WHO? WHY? Sept 1787 Congress met for Constitutional Convention Articles of Confederation were not working A stronger central government was needed Lack of congressional power of Articles of Confederation & Shays’ Rebellion led to decision to create a Constitution Delegates agree & disagreed on issues Wanted national gov’t Protection from abuse of power Did not agree about number of representatives Did not agree about amount of gov’t power
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The Virginia Plan Side A: The Virginia Plan (James Madison) Demands:
Govt w/ 3 branches: Judicial, Legislative, Executive 2 House legislature Representation determined by state pop. Larger states would have more reps than smaller VA: “I have a high population!” Met in Philadelphia in delegates present Decided to keep discussions secret to have freedom to change All delegates wanted completely new plan for govt James Madison suggested strong national gov’t 3 branches of govt 2 house legislature= bicameral House of Rep= based on population
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New Jersey Plan Side B: The New Jersey Plan Demands:
3 Branches of Govt 1 House Legislature w/ each state getting 1 vote (Equalized power, but should it be equal?) States like NJ, DE, MD favored this plan
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Great Compromise Also called the Connecticut Plan
2 House Legislature: House & Senate Senate: Each state would have equal reps House: based on population BICAMERAL 2 houses
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Sharing Power Delegates argued about how nat’l & state gov’t would share power National = certain powers States= other powers Major issue= whether or not to keep slave trade Also argued about trade of goods Northern & Southern states disagree= state power
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Three-Fifths Compromise
Counted each slave as three- fifths of a person when state population was counted Counted for Congress vote, but not able to vote themselves Would increase voting power in House of Reps Used for tax purposes too Larger slave population than owner population necessary
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Slave Trade Compromise
Northern States No more slaves brought into country, only able to use current slaves & descendants Southern States Congress should not have power to interfere in slave trade=economic foundation of South Congress wont interfere until 1808
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Summary On what issues did the delegates agree? Disagree? Main Idea?
The delegates to the Constitutional Convention debated different options for government power. After much debate, they created the US Constitution.
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Struggle to Ratify
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Warm Up “What qualifications should a person have if they are in a position to create a new country and new government?” Write prompt & 1 paragraph response in Warm Up section of binder
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Executive & Judicial Branches
Allowed for separation of powers President= Executive Supreme Court= Judicial Delegates disagreed about election of President People= not competent to choose President Decided on direct election (people vote)of Senate, & House Electoral College= choose President Signed September 17, delegates signed Constitution
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Debate! To go into effect & become law, the Constitution had to be ratified= approved by at least 9 of the 13 states States that approved= part of new nation Constitutional Convention spurred a storm of debate
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Be smart & get your face printed on money
Federalists Supported Constitution Supported strong, national(federal) government Protect people with military Keep order better than states Control trade Pay debts & manage economy worldwide Be smart & get your face printed on money
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Anti-Federalists Against/opposed to the Constitution
BILL OF RIGHTS !!! Against/opposed to the Constitution Against strong national gov’t Felt Congress would be too powerful & states would lose power and liberty would be taken away Wanted Bill of Rights
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Feds vs. Anti-Feds Anti-Federalists Federalists
Strict & Loose, depended on situation National bank was wrong, put power in hands of few wealthy National debt was 2nd to people’s rights Laissez-faire/”hands off” approach to economic market Weak central govt= strong state govts Strict interpretation of Constitution National bank to control money War debt MUST be paid! Economy controlled by rich/educated British govt to be admired Strong central govt= weak state govts
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Federalists The Federalist Papers James Madison Alexander Hamilton
John Jay Wrote news articles to explain & promote Constitution Articles collected in the Federalist Papers Pointed out America’s weaknesses & potential problems James Madison= “…it is to protect Liberty…” Federalists
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Ratification Federalists convinced America to support Constitution
Federalists decided to add a bill of rights By 1790, all 13 states had ratified & a new gov’t was created
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Sum it up Why were Anti-Federalists against the Constitution?
Why was it important that all 13 states ratify? Main Idea: The struggle to ratify the Constitution put the pro- national gov’t Federalists against the Anti-Federalists, who feared the power of a nat’l gov’t.
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Supreme Law of the Land
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Law of the Land Key Terms Federalism Checks & Balances
Concurrent powers Reserved powers Objectives Learn principles/goals of government outline in Preamble Explore the 7 Articles of the Constitution Analyze principles of limited government
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Preamble What is it? Establishes the “WHY?” of the document
What is it’s purpose? To reflect the desires of the framers of the Constitution to improve their government and ensure justice
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Structure Article 1- Legislative Branch Article 2- Executive Branch
Article 3- Judicial Branch Article 4- State Govt Article 5- Amendment process Article 6- National Supremacy Articles 7- Ratification Process Amendments- 1-27 Bill of Rights= First 10
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Goals of Government Preamble lists 6 goals/principles of US govt
To form a more perfect Union To Establish Justice To Insure Domestic Tranquility To provide for the Common Defense To promote the General Welfare To secure the Blessings of Liberty to ourselves and our posterity Also referred to as the 6 principles of the Constitution
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Constitution Principles
To form a more perfect Union Unite 13 separate states under strong natl govt To establish Justice Use fair ways to settle disagreements between people, states, and governments To Insure Domestic Tranquility Set up peaceful society in which people are protected from unlawful acts
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Constitution Principles
To provide for the Common Defense Military Protection To Promote General Welfare Create conditions that will help all Americans To Secure the Blessings of Liberty Make sure that our freedoms and those of future Americans are protected
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Articles of the Constitution
Plan for government is organized in 7 parts: Article I: The Legislative Branch Congress makes laws, & is divided into 2 houses the House of Rep. & the Senate Article II: The Executive Branch President: Carries out laws Article III: The Judicial Branch Supreme Court: settles arguments btwn states; makes final decisions over other courts
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Articles (Cont) Article IV: The States
Each state must honor the laws of other states Article V: Amending Constitution Amendments can be made; need 3/4ths majority votes Article VI: Supremacy of Constitution No state law may disobey Constitution Article VII: Ratification Process of approving Constitution
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Limited Government Gov’t power limited through federalism, separation of powers, and checks & balances Federalism: the division of power between the national & state gov’ts Some belong to national, some belong to state Concurrent powers: shared by both (Fed & State) Reserved powers: powers given to neither (Fed or State) Checks & Balances: gives each branch of gov’t the power to limit the other two
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Summary Where in the Constitution are the 3 branches of government described? What three principles limit the power of gov’t? Main Idea: The Constitution establishes federal gov’t, protects rights of citizens, and provides general rules for gov’t to follow.
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