1. Creating the Constitution
ROAD TO THE CONSTITUTIONAL CONVENTION

2. Getting Organized Held at Pennsylvania State House HOT ,HOT, HOT!
George Washington presided over Convention
Setting the Rules
Very secretive – debates not reported in newspapers
One vote per state
                                    
The Pennsylvania State House, circa 1800

3. Sharing Power with the States
strong government might abuse power
slave trade first becomes an issue (north vs. south)

4. Importation of Slaves
Northern states wanted to ban the importation of slaves
Southern states wanted to continue the importation of slaves
The Compromise: The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
The international slave trade legally continues until 1808.

5. Compromises about Congress
The Three-Fifths Compromise
North vs. South on population for House of Representatives
Each slave counted as 3/5 vote for purposes of taxation and representation in the states

6. Trade
Northern states: wanted tariffs on imported goods to protect against competition
Southern states: did not want tariffs on their exports (crops)
The Compromise:
The Federal Government regulates interstate commerce (The Commerce Clause)
Federal government can tax imports, but NOT exports

7. Madison’s Plan throw out Articles of Confederation
strong nationalized government with 3 branches
executive
legislative
House of Representatives
Members directly elected
Senate
Chosen by House of Representatives
Judicial
Many feared the centralized national government – Why?

8. Big vs. Small States

9. Compromises about Congress
How many representatives should each state have?
LARGE vs. small states
The Great Compromise
Roger Sherman (CT) bicameral legislature (two house)
House of Representatives based on state populations
Senate: 2 representatives regardless of population
Passed by one vote!

10. The Executive and Legislative Branches
A Government by the People?
Many delegates did not trust the American people to make an intelligent decision
Citizens chose House of Representatives
House of Representatives chose Senators
Electoral College selects the President
-39 delegates signed on September 17, 1787

11. THE STRUGGLE FOR RATIFICATION Federalism

12. The Federalists supported a strong, centralized government
strong government would provide protection, maintain order, regulate trade, and guarantee rights of citizens
centralized currency equated to stable trade

13. The Anti-Federalists
a strong, central government endangers liberties (think England!!)
representatives should meet in an area close to their constituents
doors open to tyranny
Bill of Rights
Left out of original Constitution
Anti-Federalists lobbied for it; Federalists didn’t need it stated

14. The Debate

15. The Federalist pro-Constitution newspaper articles
emphasized problems America faced as a weak, young nation
Constitution would protects rights of all citizens

16. Ratification Federalist party gaining momentum
Federalists would add Bill of Rights
Government born in June 1788 (NH was 9th state to ratify)
By Spring of 1790 (two years!!!) all 13 states ratified

17. THE SUPREME LAW OF THE LAND

18. The Goals of Government
“to form a more perfect union”
Better than the Articles of Confederation
“establish justice”
“insure domestic tranquility”
“provide for the common defense”
“promote the general welfare” – benefit all Americans
“and secure the blessings of liberty to ourselves and our posterity” (descendants)

19. The Articles: Article 1 House/Senate How to Pass a Bill
Presidential veto – reject
Enumerated/Delegated – powers given (to Congress)
“elastic clause” – carry out laws “necessary & proper”

20. Article 2: The Executive Branch
Authority based on popular consent
May make treaties (but must be Senate-approved)
Judicial appointees (confirmed by Senate)
Authority based on popular consent
May make treaties (but must be Senate-approved)
Judicial appointees (confirmed by Senate)

21. Article 3: The Judicial Branch
Interprets law
Prior to Constitution only state courts; no system to settle state-to-state disputes
Created Supreme Court; no legal issues unsettled = the final say

22. Further Articles Article 4: The States
States must honor laws of other states
Marriage licenses, driver licenses, etc..
Article 5: Amending the Constitution
Amendments – changes
¾ of states must agree to amend the Constitution
Article 6: The Supremacy of the Constitution
No state law can violate the Constitution (the “supreme law of the land”)
Article 7: Ratification
Procedure for ratifying the Constitution

23. Amendments to the Constitution
Only 17 amendments have been added since the Bill of Rights

24. Principles of Limited Government
Federalism – the division of power between the states and the federal or national government.
Concurrent Powers – powers shared by the state and federal governments
Power to tax, establish courts, and borrow money
Reserved Powers – powers that the Constitution neither gives to Congress nor denies to the states.
Establish schools, organize police departments

25. Principles of Limited Government
Separation of Powers
State and federal government
Executive, legislative, & judicial
Checks and Balances – each of the three branches of government is given power to limit the powers of the other two branches.
Impeach – accusation against the President or other high official of serious wrongdoing. (Legislative check against the Executive)