The ConstitutionThe Constitution

1787-17891787-1789

Ga. Standard Addressed in this Power Point

SSUSH5 The student will explain specific events and key ideas that brought about the adoption

and implementation of the United States Constitution.

b. Evaluate the major arguments of the anti-Federalists and Federalists during the debate on ratification of the Constitution as put forth in The

Federalists Papers concerning form of government, factions, checks and balances, and the power of the executive, including the roles of

Alexander Hamilton and James Madison.c. Explain the key features of the Constitution, specifically the Great Compromise, separation

of powers, limited government, and the issue of slavery.

d. Analyze how the Bill of Rights serves as a protector of individual and states’ rights.

Essential questions: Who developed the Constitution? How was the Constitution developed? What are the major compromises that wer made in

order to complete a document that the states would ratify?

• What were the major arguments of the anti-Federalists and Federalists during the debate on ratification of the Constitution as put forth in the Federalists Papers and concerning form of government, factions, checks and balances, and the power of the executive,

• What were the roles of roles of Alexander Hamilton and James Madison in developing the Constitution?.

• What are the key features of the Constitution, specifically the Great Compromise, separation of powers, limited government, and the issue of slavery?

• How does the Bill of Rights serve as a protector of individual and states’ rights.

Why is the American Constitution one of the most enduring constitutions in the western world?

Vocabulary

Separation of Powers, Social Contract, Checks/Balances, Bill of Rights, Great Compromise, Individual Rights, States Rights, Common Sense, Articles of Confederation, U.S. Constitution

The Virginia Plan,New Jersey Plan,

3/5th Compromise, Federalists, Anti-federalists,

Delegates

• May 25, 1787• 55 delegates sent by the states to

write a new constitution.– Many were in state government.– Many educated in history and political

philosophy.– ½ had been members of the Continental

Congress.– 8 had signed the Declaration of

Independence.– All had been involved in the American

Revolution.– Several had been diplomats to Europe.

Connecticut

• William Samuel Johnson– Lawyer and Politician– Patriot with pro-

British tendencies.

• Roger Sherman– Lawyer/Judge– Helped draft the

Declaration of Independence.

• Oliver Ellsworth– Lawyer– Pro-state control of

government.

Delaware

• George Read– Signer of the Declaration of

Independence.– President of Delaware

Assembly.• Gunning Bedford

– Lawyer– Pro-small states rights– Roommate to James

Madison at Princeton.• John Dickinson

– Refused to sign the Declaration of Independence.

– State President of Delaware• Richard Bassett

– Farmer and soldier• Jacob Broom

– Politician

Georgia

• William Few– Frontiersman– Revolutionary war hero

• Abraham Baldwin– Developed an

educational system for Georgia.

– Irregular attendant to the Convention.

• William Pierce– Aid to General Nathaniel

Greene– Left early.

• William Houstoun– Plantation owner– Stayed at the

convention from June 1-July 23.

Maryland• James McHenry

– Physician– Deeply religious

• Daniel of St. Thomas Jenifer– Plantation owner– Older delegate(64 yrs)– Humorous

• Daniel Carroll– Wealthy colonial American– Concerned with economics

• John Francis Mercer– Lawyer, planter, politician– Left before signing

• Luther Martin– Maryland Attorney General– Opposed a strong central

government

Massachusetts

• Elbridge Gerry– Signer of the Declaration– Refused to sign the

Constitution.• Nathaniel Gorham

– Filled in for George Washington as Chairman of the Convention

• Rufus King– Fought at Lexington and

Concord– Studied law– Worked with Alexander

Hamilton• Caleb Strong

– politician

New Hampshire

• John Langdon– Merchant sailor– Politician

• Nicholas Gilman– Combat captain in the

Revolutionary War.– Served with George

Washington.

New Jersey• David Brearley

– Lt. Colonel in the Revolutionary War

– New Jersey Supreme Court Chief Justice

• William Houston– Professor of

Mathematics at Princeton

– Served at the Convention for 1 week, but left due to illness.

• William Paterson– Prominent New Jersey

lawyer and Attorney General

• William Livingston– Governor of New Jersey

• Jonathan Dayton– Land speculator

New York

• Robert Yates– Strongly against

creating a new Constitution.

– Leaves early.

• Alexander Hamilton– Strongly in favor of a

new Constitution with a strong central government.

• John Lansing, Jr.– Strongly opposed to

any central government in America.

North Carolina• Alexander Martin

– Fought at Brandywine and Germantown.

– Governor of North Carolina.

• William Richardson Davie– Major in the militia.

• Richard Dobbs Spaight– Orphaned at age 8.– Politician

• William Blount– Chief paymaster

during the Revolution.

• Hugh Williamson– Frontier physician– Faithful attendee of

the Convention.

Pennsylvania

• Thomas Mifflin– Quartermaster General of

the Continental Army.• Robert Morris

– Signer of the Declaration of Independence

– Secured finances for the Revolutionary War.

• George Clymer– President of the

Philadelphia Bank• Jared Ingersoll

– Lawyer• Thomas Fitzsimons

– Merchant

Pennsylvania (cont.)• James Wilson

– Student of government and law

– Believed in dual sovereignty between the nation and the states.

• Gouverneur Morris– Author of the Preamble

and many other parts of the Constitution.

• Benjamin Franklin– 81 years old– Ambassador to France

during the Revolutionary War.

– Held in great respect among the other delegates.

Rhode Island

• Sent no delegates!!

South Carolina

• John Rutledge– Politician– Attended every session of

the Convention.• Charles Pinckney

– Revolutionary War prisoner of war.

– Youngest member at the Convention (30 yrs. Old)

– Great speaker.• Charles Cotesworth

Pinckney– 2nd cousin to Charles

Pinckney– Brigadier General of the

Continental Army.– Pro-slavery.

• Pierce Butler– A member of the British

Army and American militia.– Proud slave owner.

Virginia

• George Washington– Former Revolutionary

War Commander-in-Chief

– Elected to be the presiding officer of the Constitutional Convention.

– 55 years old.• Edmund Randolph

– Lawyer to George Washington.

– Governor of Virginia.• John Blair

– Devoted to the idea of a permanent Union of the states.

Virginia (cont.)

• James Madison– “The Father of the

Constitution”– 36 year old delegate

from Virginia.– Took notes of every

discussion made about the Constitution.

– First delegate to arrive with a “plan” for a federal system of government.

Virginia (cont.)

• George Mason– “Father of the Bill

of Rights”

• George Wythe– Signer of the

Declaration.– Slaveholder.– Left early.

• James McClurg– Physician.– Never signed the

Constitution.

Rules of the Convention

1. Held in secrecy to avoid public arguments and debates.• Windows and doors

shut at all times.2. Only “official” note

taking was allowed.3. Voting was by state w/

majority rule.• All agreed a strong

central government was necessary.

• It should have these powers:1. Able to tax2. Able to raise an army3. Able to regulate

commerce or trade.4. Should not have

unlimited power.

• Goal- A Republican form of government– Power rests in the

voters who elect representatives to run the government.

The Virginia Plan

• Introduced by Edmund Randolph– Delegate from Virginia.– Written by James

Madison• Virginia Plan proposed

– 2 house legislature• First house elected by

the people.• Second house elected

by the first house.– # of representatives in

the Congress would be determined by state population.

• Favored the larger states.

The New Jersey Plan

• William Paterson– Delegate from New

Jersey.

• New Jersey Plan Proposed– One-house legislature.– Each state would have

equal # of representatives.

– One state- one vote.

• Favored the smaller states.

• Resoundingly rejected by the delegates.

James Wilson

• Delegate from Pennsylvania.

• Challenges both plans.

• Wants a strong federal government with equal representation.

• Threatens to walk out of the convention.

The Great Compromise

• Presented by Roger Sherman of Connecticut.

• Two houses of Congress.– Senate- each state

gets 2 Senators.– House of

Representative- # determined by the population of the state.

• All “money” bills must come from the House.

The Chief Executive

• What kind of a chief executive to have puzzles the delegates.

• Single individual as an elective king?– NO!- Edmund Randolph

and Benjamin Franklin• Vigorous executive

elected by the people?– Proposed by James

Wilson of Pennsylvania.• Presidential advisors?

– An appointed cabinet is proposed by James Wilson

• Term?– Life?– 7 year term?

Presidential Executive

• Proposed by Alexander Hamilton.

• Elected indirectly by the people.– Leads to the creation of

the Electoral College.• Proposed to serve for life.• Absolute veto of

Congressional legislation.• Be given enough power to

exercise initiative and assume responsibility.– Did not want powers to be

specific.• Power to pardon.• A civilian Commander-in-

chief of the military.

President of the United States

• A single, strong, independent chief executive is chosen.

• President could appoint own advisors w/ consent of the Senate.

• Could veto legislation.– Congress could override with a

2/3rds vote.• Commander-in-chief of the

military.• Could make war.

– Congress would declare war.• Serve for 4 year terms with

unlimited reelection.• Electoral College created to allow

electors (chosen by state legislature or by the people) to cast the final vote.

• The unanimous choice to be the first President of the United States is George Washington.

3/5th Compromise

• Issue over counting of slaves for representation and taxation.

• South wanted slaves counted as a full person for representation, but not taxation.

• Slaves would be counted as 3/5th of a person for both representation and taxation.

Commerce Compromise

• South does not want tariffs (taxes) on exports.

• Congress would regulate commerce w/ foreign nations and not levy taxes on exports.

Slave Issue

• States may continue to import slaves until 1808, but after that, they must decide how to handle the issue.

Adoption of the Constitution

• September 17, 1787– 39 delegates sign the

constitution.

Ratification of the Constitution

• 9 of the 13 states must ratify to make the Constitution, “the supreme law of the land.”

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G U L F O F

M E X I C O

Federalists

• Favored a strong federal government (national government) rather than the separate governments of individual states.

Anti-Federalists

• Opposed strengthening the powers of a central (national) government.

• 4 things wrong with the new constitution:1. Surrendering too

much power.2. Not enough voter

control.3. Not enough freedom

for slaves.4. Lack of a bill of

rights.

The Federalist Papers

• Alexander Hamilton

• James Madison• John Jay• Series of brilliant

essays defending the Constitution.

Ratification1.1. DelawareDelaware

• December, 1787- first to December, 1787- first to ratifyratify

2.2. New JerseyNew Jersey3.3. PennsylvaniaPennsylvania4.4. GeorgiaGeorgia5.5. ConnecticutConnecticut6.6. MassachusettsMassachusetts

• February, 1788 by a February, 1788 by a margin of 19 votes.margin of 19 votes.

7.7. MarylandMaryland8.8. South CarolinaSouth Carolina9.9. New HampshireNew Hampshire10.10. VirginiaVirginia

• Madison’s home state by a Madison’s home state by a margin of 11 votes. margin of 11 votes.

11.11. New YorkNew York• By a margin of 3 votes.By a margin of 3 votes.

12.12. North CarolinaNorth Carolina13.13. Rhode IslandRhode Island

George Washington

• Elected President by a unanimous vote of Congress.

• John Adams elected Vice-President.

• New York City made the temporary capital.

The Constitution

The Federal Union

• Each state gives some of its powers over to the federal government.

• All laws passed by the federal govt. apply equallyequally to every individual in the union.– The federal govt. has

the authority to “reach” into each state and punish violators of the federal laws.

• States could still pass and enforce their own laws, as long as they do not come into conflict with the federal laws.

The Separation of Powers

Checks and Balances-Checks and Balances- Each branch of government is given certain powers that

can restrain or “place a check” on another branch of government to create

a balance.

EXECUTIVE BRANCH

Enforces Laws

LEGISLATIVE BRANCH

Makes Laws

JUDICIAL BRANCH

Interprets Laws

Override vetoOverride veto

ImpeachImpeach

Confirm appointmentsConfirm appointments

Ratify treatiesRatify treaties

VetoVeto

Impeach and removeImpeach and remove

Declare a law Declare a law unconstitutionalunconstitutional

Declare Declare executive action executive action unconstitutionalunconstitutional

Appoints Appoints members to members to the Supreme the Supreme

CourtCourt

Article 1Legislative Branch

• House of Representatives– 2 year terms– 25 years old– 7 year citizen of the

United States– Live in the state being

elected from.– Number of

Representatives determined by the states population.

• Each state is guaranteed at least 1.

• Senate– 6 year terms– 30 years old– 9 year citizen of the

United States– Live in the state being

elected from.– Each state gets two

(2) Senators.

Article 1Legislative Branch

• Elections– Held on the Tuesday

following the first Monday in November of even-numbered years.

• Meetings– Congress shall

convene on January 3.

• Passing Laws– All revenue bills come

from the House of Representatives.

Article 1Legislative Branch

• Delegated Powers– Powers given to Congress

that are specifically listed in the Constitution.

• Power to tax.• Power to regulate

commerce.• Power to raise an army.

• Reserved Powers– Powers not listed in the

Constitution are given to the states.

• Control over roads, marriages, public education.

• Shared Powers– Powers that both the

federal and the state governments share.

• Taxes• Police force• Courts

Article 2Executive Branch

• President of the United States of America– 4 year terms– 35 years old– Native born citizen.– Resident of the

United States for 14 years.

Article 2Executive Branch

• Electoral College– Used to elect the

President.– The candidate must

win the popularpopular vote of each state to receive the electoralelectoral votes.

– Electoral votes are determined by the # of representatives in Congress.

• Elections– Tuesday after the first

Monday in November.

Article 2Executive Branch

• Powers– Commander-in-Chief of

the military.– Make treaties with

foreign nations.• Senate must approve.

– Government appointments

• Senate must approve.– Must give a State of the State of the

UnionUnion message to Congress every year.

• Impeachment– Can be removed from

office by the Congress for treason, bribery, or other high crimes.

Article 3Judicial Branch

• Created the Supreme Court and the Federal Courts

• Federal Courts can only extend into two types of cases.1. Violations of the

Constitution.2. United States v. a

foreign nation.

Article 4State Relations

• Full Faith and Credit Clause– The states must

respect each other’s laws.

• Privileges– The states must

respect the rights of other state’s citizens.

Article 5Amendments

• 2/3rds of both houses of Congress or 2/3rds of the States may propose an Amendment to the Constitution.

• 3/4ths of the States must ratify the Amendment.

Article 6Provisions

• Supremacy Clause– The Constitution is

the “supreme law of the land.”

– The power of the federal government is superior to the state governments.

Article 7Ratification

• 9 of the 13 states must approve the new Constitution.

Bill of Rights• 1st ten amendments to the Constitution.• Had to be voted on to get approval from the Anti-Federalists.

They passed.

1st Amendment- Freedom of religion and speech2nd Amendment- Right to keep arms.3rd Amendment- Not required to give housing to

troops.4th Amendment- Search and Seizure- Must have a

search warrant.5th Amendment- You may not testify against yourself

in a court of law.6th Amendment- Right to a fair and speedy trial.7th Amendment- Right to a jury trial.8th Amendment- Cannot be charged with excessive

bails or fines.9th Amendment- Government must protect the people.10th Amendment- Powers not delegated to the United

States government are reservedreserved to the states.