Drafting a
Constitution
Chapter 5: Section 2
Constitutional Convention
 Philadelphia,

PA – May 1787
 Top secret proceedings
 Don’t fix the Articles, but
create a N...
Issues
 Increase

national gov. while
preserving states rights
 Fair representation of large
and small states
 Role of ...
Issues
 Role

and selection of chief
executive (President)
 Two plans emerge: Virginia
Plan & New Jersey Plan
 Compromi...
Virginia Plan
2-house

legislature
based upon state
population
This gave the 4 biggest
states the most power
NJ Plan
 Single

house of congress
with each state having =
votes
 This gives power to the 7
smallest states who only
ma...
Great Compromise
 2-house

Legislature
 Senate – each state would
have = representation
 House of Reps –
representation...
What is Population?
Slaves
 Can

3/5th’s
 3/5

become an issues

they be counted?

Compromise

of the slave population...
The New Government
 Power

was divided between
federal & state governments
 Federal would always
supercede state power
Federal Affairs
 The

federal government
could regulate:
Defense
Foreign affairs
Taxes

Trade
Money
State Affairs
The

state governments
could regulate:
Education
Marriage
Intrastate

trade
Preamble
Outlined goals of the
proposed
government and
the 7 articles
Articles 1 – 3:
Branches of Government
Legislative

– makes laws
Executive – carries out
laws
Judicial – settle dispute...
Principles of Government
Checks

and Balances
Separation of Powers
Limited authority
Executive Branch
President would be
chosen by Electoral
College
Judicial Branch
Supreme

Court would
be the ultimate
authority deciding
legal issues and
conflicts
Electoral College
electors equaling the number
of senators and reps. would
vote for the president
 General public was not...
Article 4
Describes

the
relationship between
the states and federal
government
Article 5

Provides for
amendments
Article 6
Pay

off debts
Est. supremacy of federal
gov. over state gov.
Loyalty oath for gov.
officials
Article 7
9

of 13 states to
ratify the
constitution
New Government
George

Washington
sworn in 1789
Ratifying the Constitution
9

of thirteen states need to
ratify
Two groups emerged
Federalists
Anti-Federalists
Important Figures
 Anti-Federalists:

Patrick
Henry, Sam Adams, James
Monroe, Richard Henry Lee
 Federalists: Alexander
...
Federalists
 Favor

a strong national government.
 Argue checks and balances prevent
one branch from too much power
 Bi...
Federalists
Wrote

the Federalists
Papers
Discussed importance
of strong national
government
Anti-Federalists
 Anti-Federalists

were concerned
about the amount of power in
national gov. and lack of rights of
citiz...
Bill of Rights






Madison studies 80 proposed amendments
12 submitted, 10 ratified
First Ten Amendments to the Con...
# of states needing to ratify
to make Const law.
Group that opposed the
Constitution.
Group that supported the
Constitutio...
# of states needing to
ratify to make Const law.
Group that opposed the
Constitution.
Group that supported the
Constitutio...
# of states needing to
ratify to make Const law.

Nine

Group that opposed the
Constitution.

Anti-Federalists

Group that...
# of states needing to
ratify to make Const law.

Nine

Group that opposed the
Constitution.

Anti-Federalists

Group that...
# of states needing to
ratify to make Const law.

Nine

Group that opposed the
Constitution.

Anti-Federalists

Group that...
# of states needing to
ratify to make Const law.

Nine

Group that opposed the
Constitution.

Anti-Federalists

Group that...
# of states needing to
ratify to make Const law.

Nine

Group that opposed the
Constitution.

Anti-Federalists

Group that...
# of states needing to
ratify to make Const law.

Nine

Group that opposed the
Constitution.

Anti-Federalists

Group that...
Authored the Federalist
Papers
Most Important Federalist
VA law that protected
basic human rights
VA law that forbid gov.
...
Authored the Federalist
Papers
Most Important Federalist
VA law that protected
basic human rights
VA law that forbid gov.
...
Authored the Federalist
Papers
Most Important Federalist
VA law that protected
basic human rights
VA law that forbid gov.
...
Authored the Federalist
Papers
Most Important Federalist
VA law that protected
basic human rights
VA law that forbid gov.
...
Authored the Federalist
Papers
Most Important Federalist
VA law that protected
basic human rights
VA law that forbid gov.
...
Authored the Federalist
Papers
Most Important Federalist
VA law that protected
basic human rights
VA law that forbid gov.
...
Authored the Federalist
Papers
Most Important Federalist
VA law that protected
basic human rights
VA law that forbid gov.
...
Authored the Federalist
Papers
Most Important Federalist
VA law that protected basic
human rights
VA law that forbid gov.
...
1 Amendment
st

Congress shall make no law respecting
an establishment of religion, or
prohibiting the free exercise there...
2 Amendment
nd

A

well regulated militia,
being necessary to the
security of a free state, the
right of the people to ke...
3rd Amendment
 No

soldier shall, in time of
peace be quartered in any
house, without the consent of
the owner, nor in ti...
4th Amendment


The right of the people to be secure in
their persons, houses, papers, and
effects, against unreasonable ...
5th Amendment


No person shall be held to answer for a capital,
or otherwise infamous crime, unless on a
presentment or ...
6th Amendment


In all criminal prosecutions, the accused
shall enjoy the right to a speedy and
public trial, by an impar...
7th Amendment
 In

suits at common law, where the
value in controversy shall exceed
twenty dollars, the right of trial by...
8th Amendment
 Excessive

bail shall not be
required, nor excessive fines
imposed, nor cruel and
unusual punishments infl...
9th Amendment
 The

enumeration in the
Constitution, of certain rights,
shall not be construed to deny
or disparage other...
10th Amendment
 The

powers not delegated to
the United States by the
Constitution, nor prohibited by
it to the states, a...
1st
2nd
3rd
4th
5th
6th
7th
8th
9th
10th
1st
2nd
3rd
4th
5th
6th
7th
8th
9th
10th

Freedom of speech, press, assembly, petition, and
redress.
1st

Freedom of speech, press, assembly, petition, and
redress.

2nd

Right to bear arms (weapons)

3rd
4th
5th
6th
7th
8t...
1st

Freedom of speech, press, assembly, petition, and
redress.

2nd

Right to bear arms (weapons)

3rd

Restricts how fed...
1st

Freedom of speech, press, assembly, petition, and
redress.

2nd

Right to bear arms (weapons)

3rd

Restricts how fed...
1st

Freedom of speech, press, assembly, petition, and
redress.

2nd

Right to bear arms (weapons)

3rd

Restricts how fed...
1st

Freedom of speech, press, assembly, petition, and
redress.

2nd

Right to bear arms (weapons)

3rd

Restricts how fed...
1st

Freedom of speech, press, assembly, petition, and
redress.

2nd

Right to bear arms (weapons)

3rd

Restricts how fed...
1st

Freedom of speech, press, assembly, petition, and
redress.

2nd

Right to bear arms (weapons)

3rd

Restricts how fed...
1st

Freedom of speech, press, assembly, petition, and
redress.

2nd

Right to bear arms (weapons)

3rd

Restricts how fed...
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Drafting a constitution

  1. 1. Drafting a Constitution Chapter 5: Section 2
  2. 2. Constitutional Convention  Philadelphia, PA – May 1787  Top secret proceedings  Don’t fix the Articles, but create a NEW government  Key figures – Franklin, Washington, Hamilton
  3. 3. Issues  Increase national gov. while preserving states rights  Fair representation of large and small states  Role of slaves and slave trade
  4. 4. Issues  Role and selection of chief executive (President)  Two plans emerge: Virginia Plan & New Jersey Plan  Compromise is a MUST
  5. 5. Virginia Plan 2-house legislature based upon state population This gave the 4 biggest states the most power
  6. 6. NJ Plan  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.
  7. 7. Great Compromise  2-house Legislature  Senate – each state would have = representation  House of Reps – representation based upon population
  8. 8. What is Population? Slaves  Can 3/5th’s  3/5 become an issues they be counted? Compromise of the slave populations would be counted
  9. 9. The New Government  Power was divided between federal & state governments  Federal would always supercede state power
  10. 10. Federal Affairs  The federal government could regulate: Defense Foreign affairs Taxes Trade Money
  11. 11. State Affairs The state governments could regulate: Education Marriage Intrastate trade
  12. 12. Preamble Outlined goals of the proposed government and the 7 articles
  13. 13. Articles 1 – 3: Branches of Government Legislative – makes laws Executive – carries out laws Judicial – settle disputes on the laws
  14. 14. Principles of Government Checks and Balances Separation of Powers Limited authority
  15. 15. Executive Branch President would be chosen by Electoral College
  16. 16. Judicial Branch Supreme Court would be the ultimate authority deciding legal issues and conflicts
  17. 17. Electoral College electors equaling the number of senators and reps. would vote for the president  General public was not educated enough to make the decision 
  18. 18. Article 4 Describes the relationship between the states and federal government
  19. 19. Article 5 Provides for amendments
  20. 20. Article 6 Pay off debts Est. supremacy of federal gov. over state gov. Loyalty oath for gov. officials
  21. 21. Article 7 9 of 13 states to ratify the constitution
  22. 22. New Government George Washington sworn in 1789
  23. 23. Ratifying the Constitution 9 of thirteen states need to ratify Two groups emerged Federalists Anti-Federalists
  24. 24. Important Figures  Anti-Federalists: Patrick Henry, Sam Adams, James Monroe, Richard Henry Lee  Federalists: Alexander Hamilton, Ben Franklin, John Adams, George Washington
  25. 25. Federalists  Favor a strong national government.  Argue checks and balances prevent one branch from too much power  Bill of Rights not needed: Const. protected rights (people govern themselves)  Most states already had basic bill of rights 
  26. 26. Federalists Wrote the Federalists Papers Discussed importance of strong national government
  27. 27. Anti-Federalists  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  Want Bill of Rights
  28. 28. Bill of Rights      Madison studies 80 proposed amendments 12 submitted, 10 ratified First Ten Amendments to the Constitution Took effect in 1791 Protect certain basic rights of all citizens  Which means any white male who is old enough (and who usually has land).
  29. 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. 30. # 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 Nine
  31. 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. 32. # 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 Federalists
  33. 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. 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. Wanted Bill of Rights Did not want Bill of Rights Anti-Federalists
  35. 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 Rights Anti-Federalists Did not want Bill of Rights
  36. 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 Rights Anti-Federalists Did not want Bill of Rights Federalists
  37. 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 1st Ten Amendments to the Constitution. 2nd Amendment Right
  38. 38. 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 1st Ten Amendments to the Constitution. 2nd Amendment Right Madison, Hamilton, & Jay
  39. 39. 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 1st Ten Amendments to the Constitution. 2nd Amendment Right Madison, Hamilton, & Jay George Washington
  40. 40. 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 1st Ten Amendments to the Constitution. 2nd Amendment Right Madison, Hamilton, & Jay George Washington VA Declaration of Rights
  41. 41. 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 1st Ten Amendments to the Constitution. 2nd Amendment Right Madison, Hamilton, & Jay George Washington VA Declaration of Rights VA Statue for Religious Freedom
  42. 42. 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 1st Ten Amendments to the Constitution. 2nd Amendment Right Madison, Hamilton, & Jay George Washington VA Declaration of Rights VA Statue for Religious Freedom James Madison
  43. 43. 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 1st Ten Amendments to the Constitution. 2nd Amendment Right Madison, Hamilton, & Jay George Washington VA Declaration of Rights VA Statue for Religious Freedom James Madison Bill of Rights
  44. 44. Authored the Federalist Papers Most Important Federalist VA law that protected basic human rights VA law that forbid gov. support of one religion Madison, Hamilton, & Jay George Washington VA Declaration of Rights VA Statue for Religious Freedom He drafted the Bill of Rights James Madison 1st Ten Amendments to the Constitution. Bill of Rights
  45. 45. 1 Amendment st 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. 46. 2 Amendment nd 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. 47. 3rd 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. law
  48. 48. 4th 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.
  49. 49. 5th 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.
  50. 50. 6th 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.
  51. 51. 7th 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.
  52. 52. 8th Amendment  Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
  53. 53. 9th Amendment  The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
  54. 54. 10th 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.
  55. 55. 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th
  56. 56. 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th Freedom of speech, press, assembly, petition, and redress.
  57. 57. 1st Freedom of speech, press, assembly, petition, and redress. 2nd Right to bear arms (weapons) 3rd 4th 5th 6th 7th 8th 9th 10th
  58. 58. 1st Freedom of speech, press, assembly, petition, and redress. 2nd Right to bear arms (weapons) 3rd Restricts how federal government can house soldiers in citizens’ homes. 4th 5th 6th 7th 8th 9th 10th
  59. 59. 1st Freedom of speech, press, assembly, petition, and redress. 2nd Right to bear arms (weapons) 3rd Restricts how federal government can house soldiers in citizens’ homes. 4th Protects individuals against unreasonable searches and seizures. 5th 6th 7th 8th 9th 10th
  60. 60. 1st Freedom of speech, press, assembly, petition, and redress. 2nd Right to bear arms (weapons) 3rd Restricts how federal government can house soldiers in citizens’ homes. 4th Protects individuals against unreasonable searches and seizures. 5th Grand jury required; no self-incrimination; no double jeopardy; no taking of private property with compensation. 6th 7th 8th 9th 10th
  61. 61. 1st Freedom of speech, press, assembly, petition, and redress. 2nd Right to bear arms (weapons) 3rd Restricts how federal government can house soldiers in citizens’ homes. 4th Protects individuals against unreasonable searches and seizures. 5th Grand jury required; no self-incrimination; no double jeopardy; no taking of private property with compensation. 6th Right to a fair and swift trial. 7th 8th 9th 10th
  62. 62. 1st Freedom of speech, press, assembly, petition, and redress. 2nd Right to bear arms (weapons) 3rd Restricts how federal government can house soldiers in citizens’ homes. 4th Protects individuals against unreasonable searches and seizures. 5th Grand jury required; no self-incrimination; no double jeopardy; no taking of private property with compensation. 6th Right to a fair and swift trial. 7th Right to a jury trial in civil cases in federal courts. 8th 9th 10th
  63. 63. 1st Freedom of speech, press, assembly, petition, and redress. 2nd Right to bear arms (weapons) 3rd Restricts how federal government can house soldiers in citizens’ homes. 4th Protects individuals against unreasonable searches and seizures. 5th Grand jury required; no self-incrimination; no double jeopardy; no taking of private property with compensation. 6th Right to a fair and swift trial. 7th Right to a jury trial in civil cases in federal courts. 8th Protects against cruel & unusual punishment and excessive bail. 9th 10th
  64. 64. 1st Freedom of speech, press, assembly, petition, and redress. 2nd Right to bear arms (weapons) 3rd Restricts how federal government can house soldiers in citizens’ homes. 4th Protects individuals against unreasonable searches and seizures. 5th Grand jury required; no self-incrimination; no double jeopardy; no taking of private property with compensation. 6th Right to a fair and swift trial. 7th Right to a jury trial in civil cases in federal courts. 8th Protects against cruel & unusual punishment and excessive bail. 9th Establishes people have rights beyond those stated in the Constitution. 10th All powers not given to feds or denied to the states are held by each state, or the people.

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