1. The Constitution Chapter 3

2. Section 1: Road to the Constitution A. Constitutional Convention 1) May 25, 1787 – 55 delegates from 12 states (not Rhode Island, who opposed a stronger central gvmt.) met in Philadelphia to revise the Articles of Confederation. 2) The delegates were all: a) White men b) Professional and businessmen c) More than ½ were under age 40. Ben Franklin was the oldest at age 81. d) Well-educated. Over ½ were college graduates and most had government experience, as 41 had been members of Congress under the Articles of Confederation.

3. 3) Unanimously chose George Washington to preside over the meeting. He chose a committee to set rules for conducting the convention. 4) Each state got 1 vote and a simple majority of 7 votes was needed to decide an issue. 5) All work was done behind closed doors and each delegate took a vow to keep all proceedings secret so that they could speak freely. No formal records were kept. Most of what we know today comes from James Madison’s personal notebook of events. 6) Determined to throw out the Articles of Confederation and write a new Constitution. Therefore is known as the Constitutional Convention.

4. Major things that all 13 states had differences 1)Slavery 2)Religion 3)Immigration 4)Population of State 5)Size of State 6)Geography 7)Lifestyles 8)Government 9)Culture

5. A. 2 Opposing Plans for a new Government (p.56)1) Virginia Plan (James Madison)-had a President, courts, and a bicameral Congress. Representation in each house would be based on a states population (favored larger states, NJ and RI didn’t like it) 2) New Jersey Plan (William Paterson)-wanted a one house Congress with equal representation for all states. Gave equal power to large and small states. (favored small states) Section 2: Creating and Ratifying the Constitution

6. B. Compromises: (p. 56)1) Great Compromise (Connecticut Compromise)- called for a bicameral Congress; 1 had equal representation for all states, and the other was based on population (mix of NJ and Virginia Plan) 2) 3/5 Compromise- Southern states wanted slaves counted in their population for representation, but not for taxation purposes. North opposed this. The 3/5 compromise allowed slaves to be counted as 3/5 of a person for both representation and taxation. For every 5 slaves, 3 were counted. 3) Commerce and Slave Trade Compromise- The South agreed that Congress could regulate trade between states, and other countries. In exchange, North agreed Congress would not interfere with slave trade for 20 years (Congress did outlaw slave trade in 1808)

7. C. Electoral College- Delegates set up a system in which each state legislature would choose a member of electors who would select the President and VP D. Ratification- Delegates signed the Constitution on Sept. 17, 1787 but needed 9 of 13 states to ratify E. Federalism vs Anti-Federalism 1) Federalists were supporters of Constitution. They emphasized Constitution created a system of federalism, a form of gvmt. which power is divided between federal (Nat. Gvmt.) and states. James Madison, Alexander Hamilton, John Jay wrote Federalist Papers. 2) Anti-Federalist wanted more power for states, less for Nat. Gvmt. Wanted Bill of Rights to protect individual freedoms. 3) Both agreed to add Bill of Rights, which turned the tide in favor of ratification. Constitution took effect June 21, 1788 when New Hampshire became 9 th state to ratify. Rhode Island was last to ratify in 1790.

8. Section 3: The Constitution A. The Preamble – lists 6 main goals of the U.S. Gvmt. 1) “form a more perfect union” - unite nation 2) “establish Justice” - fair and equal treatment 3) “insure domestic tranquility” – keeping the peace 4) “provide for the common defense” – maintain armed forces to protect country from outside attacks 5) “promote the general welfare” – prevent poverty, hunger, and disease (if possible) 6) “secure the blessings of Liberty to ourselves and our posterity” – guarantee basic rights now and in future

9. B. Articles (p. 61) 1) Article I – set up bicameral legislature, the Senate and the House of Representatives - Established the Legislative Branch of Gvmt. a) Powers it outlined: - to tax - regulate trade - coin money - declare war 2) Article II – established Executive Branch of Gvmt. Which included President and Vice President a) Powers it outlined: - Commander of armed forces (Pres.) - make treaties with other nations - pardon criminals - appoint some Gvmt. Officials, with Congress approval

10. 3) Article III – set up the Supreme Court and other federal courts. The President appoints the justices, who serve a life term. They determine the Constitutionality of laws. 4) Acticle IV-VII – a) Article IV – explains the relationship between states and the nat. gvmt. Also clarifies how new states can be created b) Article V – tells how amendments can be made c) Article VI – establishes Constitution as the “supreme Law of the Land” and sets National Supremacy (fed. Laws prevail over state law) C.Checks and Balances: 1) 3 Branches of Gvmt. a) Legislative – Congress: makes laws b) Executive – President: enforces laws c) Judicial – Supreme Court: interprets laws 2) To keep branches from becoming too powerful, Checks and Balances were set up. a) President can VETO Congressional legislation b) Congress can override Veto with 2/3 majority vote of both houses c) Supreme Court can declare laws unconstitutional

11. Articles of the Constitution Article I – Sets up a bicameral legislature made of a house and senate Article II – Set up the executive branch Article III – Set up the Supreme Court Article IV – relationship between state and national government Article V – how an amendment is made Article VI – National Supremacy

12. Checks and Balances Checks and Balances: 1. 3 Branches of Gvmt. a) Legislative – Congress: makes laws b) Executive – President: enforces laws c) Judicial – Supreme Court: interprets laws 2.To keep branches from becoming too powerful, Checks and Balances were set up. a) President can VETO Congressional legislation b) Congress can override Veto with 2/3 majority vote of both houses c) Supreme Court can declare laws unconstitutional

13. Section 4: Principles Underlying the Constitution A. 4 Basic Principles of the Constitution 1) Popular Sovereignty – people should have the right to rule themselves. Voters elect representatives to Congress, and through the Electoral College, elect Pres. And Vice Pres. 2) Limited Gvmt. – protects rights of minority, even against the will of the majority. Bill of Rights supports this concept. 3) Federalism – Nat. Gvmt. and states share power. By allowing states to have own gvmts., the Constitution gave Americans freedom to provide for own needs. a) Enumerated powers – powers Constitution specifically gives to nat. gvmt.: controlling immigration, maintain army, establish postal system b) Reserved powers – those that Constitution gives to states: regulate trade within state borders, set up schools, make rules for marriage and divorce c) Supremacy Clause – Article VI of Constitution states that Constitution is “Supreme Law of the Land” and no state law can supercede federal laws.

14. 4) Seperation of Powers – French philosopher Montesquieu believed that the best way to protect liberty of the people was to separate the legislative, executive, and judicial functions of the gvmt. and assign each to a separate gvmt. branch. The US Constitution also made checks and balances between the branches. B. Interpreting the Constitution 1) Necessary and Proper Clause (Elastic Clause). Article I, Clause 18 gives Congress the power “To make all laws which shall be necessary and proper” to carry out its duties. a) Implied powers – based on Nec. and Prop. clause.Ex.-regulation on working conditions, FDA b) Strict vs loose interpretation of Constitution 2) Role of Supreme Court – to interpret the Constitution; sometimes strictly, sometimes not.