 EssentialEssential QuestionsQuestions:

 In what ways did the Constitution deviate from the government under the Articles of Confederation?

 What were the Federalist and Anti-Federalist critiques regarding the new Constitution? •The ConstitutionalConstitutional ConventionConvention was a large meeting held in PhiladelphiaPhiladelphia, Pennsylvania at IndependenceIndependence HallHall from May of 1787 to Sept. to 1787 where 5555 delegates representing their states. •They came to revise, change or throw out the AOC and write a new Constitution. GOALGOAL ofof thethe ConstitutionalConstitutional ConventionConvention waswas howhow toto createcreate aa governmentgovernment thatthat diddid notnot resembleresemble KingKing GeorgeGeorge butbut createcreate aa govt.govt. thatthat waswas powerfulpowerful enoughenough ••toto taxtax ••regulateregulate tradetrade ••protectprotect privateprivate propertyproperty ••enforceenforce itsits lawslaws withoutwithout takingtaking awayaway thethe rightsrights thatthat werewere foughtfought forfor inin thethe AmericanAmerican Revolution.Revolution. ••“Framers”“Framers” RepresentativesRepresentatives whowho wrotewrote thethe Constitution.Constitution. ••PresidentPresident ofof ConventionConvention GeorgeGeorge WashingtonWashington ••FatherFather FigureFigure BenBen FranklinFranklin ••FatherFather ofof ConstitutionConstitution JamesJames MadisonMadison “The“The writingwriting ofof thethe ConstitutionConstitution formedformed aa tasktask moremore difficultdifficult thanthan cancan bebe wellwell conceivedconceived byby thosethose whowho werewere notnot concernedconcerned inin thethe executionexecution ofof it.it. AddingAdding toto thethe difficultydifficulty thethe naturalnatural diversitydiversity ofof humanhuman opinionsopinions onon allall newnew andand complicatedcomplicated subjects,subjects, itit isis impossibleimpossible toto considerconsider thethe degreedegree ofof concordconcord whichwhich ultimatelyultimately prevailedprevailed asas lessless thanthan aa miracle.”miracle.”

••FatherFather ofof thethe ConstitutionConstitution andand thethe BillBill ofof RightsRights ••BelievedBelieved inin aa strongstrong centralcentral governmentgovernment ••WroteWrote partpart ofof TheThe FederalistFederalist ••WouldWould becomebecome ourour 44thth presidentpresident

Snapshot of a “Framer”

 WhiteWhite MaleMale AdultsAdults  LandownersLandowners  SomeSome educationeducation  SomeSome werewere slaveslave ownersowners  LawyersLawyers  MerchantsMerchants Who wasn’t invited to the Convention

 WOMEN

 SLAVES

 POOR

 NATIVE AMERICANS •First major argument between the delegates was over how many representativesrepresentatives each state would have in Congress. •What type of CongressCongress should we have? ••LargeLarge statesstates (Massachusetts and Virginia) believed the more population, the more representatives in Congress. ••SmallSmall statesstates (New Jersey and Connecticut) believed each state should have equal representation. Issues of representative government would be argued at Constitutional Convention • Virginia Plan proposed • New Jersey plan by the larger states proposed by small – Establish a national government with 3 states branches. – Establish a – Establish a bicameral unicameral Congress Congress. • Each state to have 1 • People elect 1 house vote nd • That house elects 2 • Equal representation house – Representation in both – States equally houses based on state represented similar to population the Articles of Confederation •Great Compromise or •People to elect their Connecticut Compromise representatives. •New Jersey Plan •2 houses of Congress •Virginia Plan •Bicameral

CONGRESSCONGRESS

HOUSEHOUSEHOUSE OFOFOF REPESENTATIVESREPESENTATIVESREPESENTATIVES SENATESENATESENATE ••ElectedElected byby thethe peoplepeople ••ElectedElected byby eacheach state’sstate’s congresscongress ••RepresentativesRepresentatives basedbased onon populationpopulation perper ••EqualEqual representativesrepresentatives statestate…..….. ••22 representativesrepresentatives perper statestate ••MoreMore populationpopulation thethe moremore •6 year term representativesrepresentatives youyou havehave •6 year term •Satisfied smaller states ••22 yearyear termterm •Satisfied smaller states ••SatisfiedSatisfied largerlarger statesstates •2nd major argument between the delegates was how to create an executive (president) which didn’t resemble King George III •How would he/she be chosen? CreatedCreated an an Electoral Electoral College College •Placed a “checkcheck andand balancebalance” on the people’s vote but tried to keep “representativerepresentative democracydemocracy” in principle. Historical Background 1. Why was the Electoral College created by the Framers? . Created as an alternative to either popular election or Congress electing the President. . Each state chose electorselectors---based on the number of representatives each states has in Congress. 2. Electoral vote was state to state---each elector voted for two candidates…. One vote per candidate. . Electors vote with the ““willwill”” of the people from the state they represented……….butbut notnot requiredrequired. . Candidate with the most votes became President; runner-up became Vice President. 3. In case of a tie, the House of Representatives elected the President. •3rd major argument between the delegates was how to limitlimit thethe powerpower ofof governmentgovernment. •But, give it enough power to be effective. CreatedCreated aa systemsystem ofof governmentgovernment ••SeparatedSeparated thethe powerspowers ofof governmentgovernment intointo 33 branchesbranches thatthat areare coco--equalequal butbut independentindependent fromfrom oneone another.another. ••ToTo makemake suresure oneone branchbranch didndidn’’tt becomebecome toto powerfulpowerful theythey createdcreated aa systemsystem ofof checkschecks andand balances.balances. LegislativeLegislative BranchBranch ExecutiveExecutive BranchBranch JudicialJudicial BranchBranch •Congress (Art. 1) •President (Art. 2) •Supreme Court (Art. 3) •Makes the law •Carries out the law •Interprets the law

33 BranchesBranches areare separate,separate, havehave differentdifferent powers,powers, coco-- equalequal andand checks and balances onon oneone anotheranother toto makemake suresure oneone branchbranch doesdoes notnot getget toto powerfulpowerful LegislativeLegislative BranchBranch ExecutiveExecutive BranchBranch JudicialJudicial BranchBranch

33 BranchesBranches areare separate,separate, havehave differentdifferent powers,powers, coco--equalequal andand checks and balances onon oneone anotheranother toto makemake suresure oneone branchbranch doesdoes notnot getget toto powerfulpowerful

Legislative Checks Executive Checks Judicial Checks On Executive On Legislative On Executive and •Override a veto Legislative •Veto a law •Declare war •Ask for war •Declare an act of •impeachment President •Propose laws or law of Congress On Judicial On Judicial unconstitutional •Approve judges •Appoint judges •Impeachment •Appointed for life Federalism

•4th major argument between the delegates was over slavery.slavery. •Southern states wanted their slaves to be counted as part of their population because it would give them more representationrepresentation in Congress.

••NorthernNorthern statesstates wanted to abolish slavery.. ••SouthernSouthern StatesStates would of left the Constitutional Convention if there was an attempt to abolish slavery. •North and South worked out 2 compromises. •Southern states wanted their slaves to be counted as part of the total population of their state. Why?Why? •This would give them more representatives in Congress. •Thus giving them more voting power in Congress and protecting their self-interest of slavery. •Northern states objected to the South’s proposal and would only agree to compromise. •3 of every 5 slaves would be counted as part of a state’s total population. •It was supported by both North and South Georgia’s Population White = 300,000 Slaves = 100,000 3/5’s of 100,000 3/5’s of 100,000 = 60,000 300,000 + 60,000 = Total Population = 360,000 which would be counted towards representation in Congress. •Northern states agreed to the 3/5’s Compromise only if the South abolished the Slave Trade by 1807…… •Agreement was made….North was hoping slavery would eventually fade away and die out . •This was their step towards abolishing slavery. ••LawLaw createdcreated atat thethe ConstitutionalConstitutional ConventionConvention inin 1787.1787. ••EscapedEscaped slavesslaves capturedcaptured hadhad toto bebe returnedreturned toto theirtheir plantationplantation owner.owner. ••NotNot enforcedenforced inin NorthNorth andand ledled toto thethe creationcreation ofof thethe UndergroundUnderground RailroadRailroad.. ••SouthernersSoutherners wouldwould becomebecome bitterbitter andand ultimatelyultimately leftleft thethe US.US. •Fifth major argument between the delegates was how to solve the problem over the states having more power than the national government.

FramersFramers createdcreated aa FederalFederal GovernmentGovernment •Divided the powerspowers ofof governmentgovernment on a geographic basis. •They created 3 levels of government. •National, state and local •Supreme law of the land…. United •Supreme law of the land…. States Constitution = ••ItIt isis aboveabove allall levelslevels ofof governmentgovernment andand nono act,act, lawlaw oror publicpublic policypolicy cancan bebe inin conflictconflict withwith it.it. NationalNational GovernmentGovernment isis overover thethe States.States.

Supreme law DelegatedDelegated ConcurrentConcurrentnt ReservedReserved

Powers given to Powers shared Powers given only national govt by all 3 levels to the states Expressed Implied Make/enforce laws Provide for education Power to tax Maintain courts Establish local govts Make treaties Collect taxes Conduct elections Coin money Borrow money Protect public safety Establish Post Offices Build state highways Raise a military Charter banks Declare war Protect welfare of people Raise a state militia Admit new states Call out the militia Issue licenses Build dams Incorporate businesses Interstate highways Regulate trade in state Fund NASA Regulate drinking age Regulate naturalization Set speed limit Establish courts Create counties/cities Recognize new countries Decide death penalty Copyright/Patents Weights/measurements Marriage definition Prohibit racism Medicinal marijuana Regulate commerce

Div of powers With the new constitution, the National Government States given 40% of New Constitution was given the power governmental gave the National to tax, regulate trade, powers…States would Govt. 60% of enforce its laws and have some powers to governmental over the states. control their own powers….National affairs. National Govt. law Govt. was over the would always be over states…….. the states. HowHow thethe WeaknessesWeaknesses ofof thethe ArticlesArticles ofof ConfederationConfederation WereWere CorrectedCorrected byby thethe ConstitutionConstitution Articles of Confederation US Constitution • States have most of the power and • States have some power, but most national govt. has little. power is given to the national govt. – Federal Government • No executive to carry out the laws • Electoral College of Congress • 3 branches of govt. • No national courts---only state – Executive---enforces law courts – Legislative---makes law • 9/13 states have to approve a law – Judicial---interprets law before it goes into effect • Checks and balances • Congress has no power to tax • Congress given the power to tax, • Congress can not regulate trade regulate trade and enforce laws. among the states. • Only national govt. has the power to • Each state coined its own money. coin money No national currency. • Bicameral (2 house) Congress • Unicameral Congress • Equal Representation by States and a State’s population • Articles only a “firm league of • Constitution established a strong friendship” National Govt. over the States and to form a more “perfect union” NewNew ConstitutionConstitution RatifiedRatified inin 17891789 2 houses of Congress Power to tax Regulate trade President Supreme court

¾’s of states needed Congress makes law A more perfect Union CorrectionsCorrections: The New Constitution corrected the weaknesses of the AOC by giving the national government more power than the states with the ability to tax, regulate Chapter 2, Section 3 11 trade22 and enforce44 55 its laws.. •Supreme law of the land…. United •US Constitution is over all States Constitution levels of government. = National Government is over the States. Some delegates feared Powers of the central government government are would be too powerful. divided between a NationalNational National, state and A federal govt. was GovtGovt.. created to allow states local governments. and local govts to Powers of handle their own government are affairs. StateState GovernmentGovernment shared by all levels.

LocalLocal GovernmentGovernment

Federal Facts5

•In order to ratify or approve the Constitution, the Framers voted to send it to the states to ratify. 9 of the 13 states needed to ratify.

•The vote was 39 supporting the Constitution (Federalists) and 16 Absent and opposing the Constitution opposed (Anti-Federalists) •Would later agree to a Bill of Rights Art. 5, 6, 7

Federalists .A strong national govt over the states was •George needed to protect “life,life, liberty,liberty, propertyproperty Washington andand thethe pursuitpursuit ofof happinesshappiness” • Ben Franklin, .Constitution was a “sound” document which “limited” the power of the national •John Adams, govt. •James Madison .Gave it power to settle problems within the country. •Alexander ..RepresentativeRepresentative democracydemocracy is what the Hamilton constitution was built on and stated in the Preamble, WeWe thethe PeoplePeople. .Appealed to more the wealthy, business owners and educated. fedpap

The Federalist Papers

••TheThe FederalistFederalist PapersPapers werewere aa seriesseries ofof 8585 essaysessays writtenwritten byby AlexanderAlexander Hamilton,Hamilton, JamesJames MadisonMadison andand JohnJohn JayJay whichwhich supportedsupported thethe ConstitutionConstitution andand convincedconvinced AmericansAmericans thatthat aa strongerstronger nationalnational governmentgovernment waswas needed.needed. ••SupportedSupported thethe ConstitutionConstitution andand aa strongstrong centralcentral governmentgovernment Art. 5, 6, 7

Anti-Federalists .The national govt was too powerful and it would take away your right to ““life,life, ••PatrickPatrick HenryHenry liberty,liberty, propertyproperty andand thethe pursuitpursuit ofof happinesshappiness” ••ThomasThomas .The constitutionconstitution was a threat to the JeffersonJefferson “rights” we fought for in the Revolution ••SamSam AdamsAdams .States” should have more authority than the national govt. .Feared representativerepresentative democracydemocracy was threatened because our rights were not protected. .Appealed to the common man, farmers and less educated Bill of rights FirstFirst 1010 AmendmentsAmendments toto thethe ConstitutionConstitution inin 17911791 RightsRights andand freedomsfreedoms wonwon inin thethe RevolutionRevolution areare preservedpreserved andand protectedprotected……

1. FREEDOM of Religion, 6. RIGHT TO A SPEEDY, Press, Speech, Assembly, PUBLIC TRIAL BY JURY Petition 7. TRIAL BY JURY IN CIVIL 2. RIGHT TO KEEP AND SUITS BEAR ARMS 8. NO EXCESSIVE FINES or CRUEL PUNISHMENT 3. No QUARTERING of 9. POWERS RESERVED TO soldiers in peacetime THE PEOPLE 4. NO UNREASONABLE 10. POWERS RESERVED TO SEARCH and SEIZURE THE STATES 5. PROTECTION of ACCUSED Ratif y InIn orderorder forfor thethe newnewstrug ConstitutionConstitution totogle becomebecome thethe “law“law ofof thethe land”,land”, 99 ofof 1313 statesstates hadhad toto ratifyratify thethe Constitution.Constitution.

1. Delaware 30 – 0 2. Pennsylvania 46 – 23 3. New Jersey 38 – 0 4. Georgia 26 – 0 5. Connecticut 128 – 40 6. Massachusetts 187–168 7. Maryland 63 – 11 8. South Carolina 149 – 73 9. New Hampshire 57 – 47 10. Virginia 89 – 79 11. New York 30 – 27 12. North Carolina 194 – 77 13. Rhode Island 34 - 22 Wash inaugural

••NewNew ConstitutionConstitution andand GovernmentGovernment taketake effecteffect onon AprilApril 30,30, 1789.1789. ••WashingtonWashington beginsbegins hishis presidencypresidency inin NewNew YorkYork CityCity andand alternatesalternates betweenbetween therethere andand Philadelphia.Philadelphia. ••CapitalCapital citycity atat thisthis timetime waswas NewNew YorkYork City.City. SUPREMESUPREME LAW LAW OFOF THE THE LAND LAND ItIt represents represents our our belief belief in in •Power of govt. comes from the people •Government power is limited •Ordered, organized and structured govt. •Representative democracy •Written, May 1787 to Sept. 1787 •7,000 words •Longest lasting constitution in history •Greatest symbol of democracy in the world Art2

of the United States, •in order to form a more perfect Union •establish Justice •ensure domestic Tranquility •provide for the common defense •promote the general welfare •and secure the Blessings of Liberty to ourselves and our Posterity do ordain and establish this Constitution for the United States of America. Article 1 Legislative Branch Makes the law •Section 1--House of Representatives and Senate •Section 2 & 3---Qualifications for Congress •Section 4---Elections and Meetings •Section 5---Rules of Order •Section 6---Pay Privileges ••SectionSection 77------HowHow BillsBills BecomeBecome LawsLaws •Section 8---Powers of Congress •Section 9---Powers Denied to Congress •Section 10---Powers Denied to States Article 1 Section 8 •Makes the law •Power to tax •To coin money •Regulate foreign and interstate trade •Raise and maintain armed forces •Declare war •Grant patents and copyrights •Building hydroelectric dams •Interstate highway system •Prohibit racial discrimination Article 2 Executive Branch Signs, carries out or executes the law into action •Section 1---Qualifications of President & Vice President •Section 2---Presidential Powers •Section 3---Presidential Duties •Section 4---Impeachment Art3 Article 2 Executive Power Signs or enforces the law Veto power Commander in Chief Ask for a declaration of war Enter into a treaty Grants pardons and reprieves Appoints ambassadors, judges and cabinet Call a special session of Congress Judicial Branch Interprets the law (constitution) •Section 1---Qualifications of Judges •Section 2---Jurisdiction of Courts •Section 3---Treason Nevada Supreme Court

chart Article 4 Concerning the States •Section 1---rights and duties of states •Section 2---rights and liabilities of citizens •Section 3---admitting new states •Section 4---guarantee to states Art. 5, 6, 7 Article 5 Amending the Constitution---adding on or changing the Constitution---27 Amendments

Article 6 Constitution, law of the land…..Supremacy Clause

Article 7 Ratification of Constitution by 9 states FirstFirst 1010 AmendmentsAmendments toto thethe ConstitutionConstitution inin 17911791 RightsRights andand freedomsfreedoms wonwon inin thethe RevolutionRevolution areare preservedpreserved andand protectedprotected…… 1. FREEDOM of Religion, 6. RIGHT TO A SPEEDY, Press, Speech, Assembly, PUBLIC TRIAL BY JURY Petition 7. TRIAL BY JURY IN CIVIL 2. RIGHT TO KEEP AND SUITS BEAR ARMS 8. NO EXCESSIVE FINES or 3. No QUARTERING of CRUEL PUNISHMENT soldiers in peacetime 9. POWERS RESERVED TO 4. NO UNREASONABLE THE PEOPLE SEARCH and SEIZURE 10. POWERS RESERVED TO 5. PROTECTION of THE STATES ACCUSED