1. Drafting a Constitution Chapter 5: Section 2

2. Constitutional Convention Philadelphia, PA – May 1787 Philadelphia, PA – May 1787 Top secret proceedings Top secret proceedings Don’t fix the Articles, but create a NEW government Don’t fix the Articles, but create a NEW government Key figures – Franklin, Washington, Hamilton Key figures – Franklin, Washington, Hamilton

3. Issues Increase national gov. while preserving states rights Increase national gov. while preserving states rights Fair representation of large and small states Fair representation of large and small states Role of slaves and slave trade Role of slaves and slave trade

4. Issues Role and selection of chief executive (President) Role and selection of chief executive (President) Two plans emerge: Virginia Plan & New Jersey Plan Two plans emerge: Virginia Plan & New Jersey Plan Compromise is a MUST Compromise is a MUST

5. Virginia Plan 2-house legislature based upon state population 2-house legislature based upon state population This gave the 4 biggest states the most power This gave the 4 biggest states the most power

6. NJ Plan Single house of congress with each state having = votes Single house of congress with each state having = votes This gives power to the 7 smallest states who only make up 25% of the pop. This gives power to the 7 smallest states who only make up 25% of the pop.

7. Great Compromise 2-house Legislature 2-house Legislature Senate – each state would have = representation Senate – each state would have = representation House of Reps – representation based upon population House of Reps – representation based upon population

8. What is Population? Slaves become an issues Slaves become an issues Can they be counted? Can they be counted? 3/5 th ’s Compromise 3/5 th ’s Compromise 3/5 of the slave populations would be counted 3/5 of the slave populations would be counted

9. The New Government Power was divided between federal & state governments Power was divided between federal & state governments Federal would always supercede state power Federal would always supercede state power

10. Federal Affairs The federal government could regulate: The federal government could regulate: DefenseTrade Foreign affairsMoney Taxes

11. State Affairs The state governments could regulate: The state governments could regulate: Education Education Marriage Marriage Intrastate trade Intrastate trade

12. Preamble Outlined goals of the proposed government and the 7 articles

13. Articles 1 – 3: Branches of Government Legislative – makes laws Legislative – makes laws Executive – carries out laws Executive – carries out laws Judicial – settle disputes on the laws Judicial – settle disputes on the laws

14. Principles of Government Checks and Balances Checks and Balances Separation of Powers Separation of Powers Limited authority Limited authority

15. Executive Branch President would be chosen by Electoral College President would be chosen by Electoral College

16. Judicial Branch Supreme Court would be the ultimate authority deciding legal issues and conflicts Supreme Court would be the ultimate authority deciding legal issues and conflicts

17. Electoral College electors equaling the number of senators and reps. would vote for the president electors equaling the number of senators and reps. would vote for the president General public was not educated enough to make the decision General public was not educated enough to make the decision

18. Article 4 Describes the relationship between the states and federal government Describes the relationship between the states and federal government

19. Article 5 Provides for amendments

20. Article 6 Pay off debts Pay off debts Est. supremacy of federal gov. over state gov. Est. supremacy of federal gov. over state gov. Loyalty oath for gov. officials Loyalty oath for gov. officials

21. Article 7 9 of 13 states to ratify the constitution 9 of 13 states to ratify the constitution

22. New Government George Washington sworn in 1789 George Washington sworn in 1789

23. Ratifying the Constitution 9 of thirteen states need to ratify 9 of thirteen states need to ratify Two groups emerged Two groups emerged Federalists Federalists Anti-Federalists Anti-Federalists

24. Important Figures Anti-Federalists: Patrick Henry, Sam Adams, James Monroe, Richard Henry Lee Anti-Federalists: Patrick Henry, Sam Adams, James Monroe, Richard Henry Lee Federalists: Alexander Hamilton, Ben Franklin, John Adams, George Washington Federalists: Alexander Hamilton, Ben Franklin, John Adams, George Washington

25. Federalists Favor a strong national government. Favor a strong national government. Argue checks and balances prevent one branch from too much power Argue checks and balances prevent one branch from too much power Bill of Rights not needed: Bill of Rights not needed: Const. protected rights (people govern themselves) Const. protected rights (people govern themselves) Most states already had basic bill of rights Most states already had basic bill of rights

26. Federalists Wrote the Federalists Papers Wrote the Federalists Papers Discussed importance of strong national government Discussed importance of strong national government

27. Anti-Federalists Anti-Federalists were concerned about the amount of power in national gov. and lack of rights of citizens Anti-Federalists were concerned about the amount of power in national gov. and lack of rights of citizens Feared the new gov. would only benefit the wealthy Feared the new gov. would only benefit the wealthy Want Bill of Rights Want Bill of Rights

28. Bill of Rights Madison studies 80 proposed amendments Madison studies 80 proposed amendments 12 submitted, 10 ratified 12 submitted, 10 ratified First Ten Amendments to the Constitution First Ten Amendments to the Constitution Took effect in 1791 Took effect in 1791 Protect certain basic rights of all citizens Protect certain basic rights of all citizens Which means any white male who is old enough (and who usually has land). Which means any white male who is old enough (and who usually has land).

29. # of states needing to ratify to make Const law. Group that opposed the Constitution. Group that supported the Constitution. Favored national gov. Favored state govs. Wanted Bill of Rights Did not want Bill of Rights

30. # of states needing to ratify to make Const law. Nine Group that opposed the Constitution. Group that supported the Constitution. Favored national gov. Favored state govs. Wanted Bill of Rights Did not want Bill of Rights

31. # of states needing to ratify to make Const law. Nine Group that opposed the Constitution. Anti-Federalists Group that supported the Constitution. Favored national gov. Favored state govs. Wanted Bill of Rights Did not want Bill of Rights

32. # of states needing to ratify to make Const law. Nine Group that opposed the Constitution. Anti-Federalists Group that supported the Constitution. Federalists Favored national gov. Favored state govs. Wanted Bill of Rights Did not want Bill of Rights

33. # of states needing to ratify to make Const law. Nine Group that opposed the Constitution. Anti-Federalists Group that supported the Constitution. Federalists Favored national gov.Federalists Favored state govs. Wanted Bill of Rights Did not want Bill of Rights

34. # of states needing to ratify to make Const law. Nine Group that opposed the Constitution. Anti-Federalists Group that supported the Constitution. Federalists Favored national gov.Federalists Favored state govs.Anti-Federalists Wanted Bill of Rights Did not want Bill of Rights

35. # of states needing to ratify to make Const law. Nine Group that opposed the Constitution. Anti-Federalists Group that supported the Constitution. Federalists Favored national gov.Federalists Favored state govs.Anti-Federalists Wanted Bill of RightsAnti-Federalists Did not want Bill of Rights

36. # of states needing to ratify to make Const law. Nine Group that opposed the Constitution. Anti-Federalists Group that supported the Constitution. Federalists Favored national gov.Federalists Favored state govs.Anti-Federalists Wanted Bill of RightsAnti-Federalists Did not want Bill of RightsFederalists

37. Authored the Federalist Papers Most Important Federalist VA law that protected basic human rights VA law that forbid gov. support of one religion He drafted the Bill of Rights 1 st Ten Amendments to the Constitution. 2 nd Amendment Right

38. Authored the Federalist PapersMadison, Hamilton, & Jay Most Important Federalist VA law that protected basic human rights VA law that forbid gov. support of one religion He drafted the Bill of Rights 1 st Ten Amendments to the Constitution. 2 nd Amendment Right

39. Authored the Federalist PapersMadison, Hamilton, & Jay Most Important Federalist George Washington VA law that protected basic human rights VA law that forbid gov. support of one religion He drafted the Bill of Rights 1 st Ten Amendments to the Constitution. 2 nd Amendment Right

40. Authored the Federalist PapersMadison, Hamilton, & Jay Most Important Federalist George Washington VA law that protected basic human rights VA Declaration of Rights VA law that forbid gov. support of one religion He drafted the Bill of Rights 1 st Ten Amendments to the Constitution. 2 nd Amendment Right

41. Authored the Federalist PapersMadison, Hamilton, & Jay Most Important Federalist George Washington VA law that protected basic human rights VA Declaration of Rights VA law that forbid gov. support of one religion VA Statue for Religious Freedom He drafted the Bill of Rights 1 st Ten Amendments to the Constitution. 2 nd Amendment Right

42. Authored the Federalist PapersMadison, Hamilton, & Jay Most Important Federalist George Washington VA law that protected basic human rights VA Declaration of Rights VA law that forbid gov. support of one religion VA Statue for Religious Freedom He drafted the Bill of Rights James Madison 1 st Ten Amendments to the Constitution. 2 nd Amendment Right

43. Authored the Federalist PapersMadison, Hamilton, & Jay Most Important Federalist George Washington VA law that protected basic human rights VA Declaration of Rights VA law that forbid gov. support of one religion VA Statue for Religious Freedom He drafted the Bill of Rights James Madison 1 st Ten Amendments to the Constitution. Bill of Rights 2 nd Amendment Right

44. Authored the Federalist PapersMadison, Hamilton, & Jay Most Important Federalist George Washington VA law that protected basic human rights VA Declaration of Rights VA law that forbid gov. support of one religion VA Statue for Religious Freedom He drafted the Bill of Rights James Madison 1 st Ten Amendments to the Constitution. Bill of Rights

45. 1 st Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievance.

46. 2 nd Amendment A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

47. 3 rd Amendment 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 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.

48. 4 th Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

49. 5 th Amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

50. 6 th Amendment In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

51. 7 th Amendment In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

52. 8 th Amendment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

53. 9 th Amendment The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

54. 10 th Amendment The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

55. 1 st 2 nd 3 rd 4 th 5 th 6 th 7 th 8 th 9 th 10 th

56. 1 st Freedom of speech, press, assembly, petition, and redress. 2 nd 3 rd 4 th 5 th 6 th 7 th 8 th 9 th 10 th

57. 1 st Freedom of speech, press, assembly, petition, and redress. 2 nd Right to bear arms (weapons) 3 rd 4 th 5 th 6 th 7 th 8 th 9 th 10 th

58. 1 st Freedom of speech, press, assembly, petition, and redress. 2 nd Right to bear arms (weapons) 3 rd Restricts how federal government can house soldiers in citizens’ homes. 4 th 5 th 6 th 7 th 8 th 9 th 10 th

59. 1 st Freedom of speech, press, assembly, petition, and redress. 2 nd Right to bear arms (weapons) 3 rd Restricts how federal government can house soldiers in citizens’ homes. 4 th Protects individuals against unreasonable searches and seizures. 5 th 6 th 7 th 8 th 9 th 10 th

60. 1 st Freedom of speech, press, assembly, petition, and redress. 2 nd Right to bear arms (weapons) 3 rd Restricts how federal government can house soldiers in citizens’ homes. 4 th Protects individuals against unreasonable searches and seizures. 5 th Grand jury required; no self-incrimination; no double jeopardy; no taking of private property with compensation. 6 th 7 th 8 th 9 th 10 th

61. 1 st Freedom of speech, press, assembly, petition, and redress. 2 nd Right to bear arms (weapons) 3 rd Restricts how federal government can house soldiers in citizens’ homes. 4 th Protects individuals against unreasonable searches and seizures. 5 th Grand jury required; no self-incrimination; no double jeopardy; no taking of private property with compensation. 6 th Right to a fair and swift trial. 7 th 8 th 9 th 10 th

62. 1 st Freedom of speech, press, assembly, petition, and redress. 2 nd Right to bear arms (weapons) 3 rd Restricts how federal government can house soldiers in citizens’ homes. 4 th Protects individuals against unreasonable searches and seizures. 5 th Grand jury required; no self-incrimination; no double jeopardy; no taking of private property with compensation. 6 th Right to a fair and swift trial. 7 th Right to a jury trial in civil cases in federal courts. 8 th 9 th 10 th

63. 1 st Freedom of speech, press, assembly, petition, and redress. 2 nd Right to bear arms (weapons) 3 rd Restricts how federal government can house soldiers in citizens’ homes. 4 th Protects individuals against unreasonable searches and seizures. 5 th Grand jury required; no self-incrimination; no double jeopardy; no taking of private property with compensation. 6 th Right to a fair and swift trial. 7 th Right to a jury trial in civil cases in federal courts. 8 th Protects against cruel & unusual punishment and excessive bail. 9 th 10 th

64. 1 st Freedom of speech, press, assembly, petition, and redress. 2 nd Right to bear arms (weapons) 3 rd Restricts how federal government can house soldiers in citizens’ homes. 4 th Protects individuals against unreasonable searches and seizures. 5 th Grand jury required; no self-incrimination; no double jeopardy; no taking of private property with compensation. 6 th Right to a fair and swift trial. 7 th Right to a jury trial in civil cases in federal courts. 8 th Protects against cruel & unusual punishment and excessive bail. 9 th Establishes people have rights beyond those stated in the Constitution. 10 th All powers not given to feds or denied to the states are held by each state, or the people.