The constitutional convention

1. The Constitutional
Convention

2. The Philadelphia Convention
• May 1787 – 55 delegates 12/13 states (no RI)
• Secrecy imposed
• Vote by state, needed only 9/13

3. Virginia Plan

4. New Jersey Plan

5. The Great Compromise

6. The Great Compromise
• Each state = two delegates Senate
• House of Representatives = delegates based
on population
• 3/5 Compromise - slave pop counted for
House representation
• Money bills must originate in House

8. Compromising with Slavery
• Slave trade permitted to continue to 1808
“Great as the evil is, a dismemberment of
the Union would be worse.”
—James Madison

9. We the People
• Ratification by special state conventions to
bypass vested interests of state legislatures
• Effective upon approval by nine states
• Phrase “We the People” made Constitution
a government of the people, not the states

10. The Constitution

11. Parts of the Constitution
• Preamble
o Explains why the Articles of Confederation were
replaced, it also list six goals of our government
• Articles
o Describe the structure of the US government
• Amendments
o Additions or changes to the Constitution

12. The Preamble
We the People of the United States, in Order
to form a more perfect Union, establish
Justice, insure 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.

13. Preamble – establishes purpose
• “to form a more perfect union” - to unite states so they can
operate as a single nation
• “establish justice” - to create fair laws and courts to insure
all citizens are treated equally
• “insure domestic tranquility” – to maintain peace and order
• “provide for the common defense” – to protect citizens
from foreign attacks
• “promote the general welfare” - to help people live
healthy, happy, and prosperous lives
• “secure the blessings of liberty to ourselves and our
posterity” - to guarantee freedom and basic rights of all
Americans, including future generations (posterity)

14. Principles
• The framers agreed that the government should be
representative of the people and limited in power

15. Principles
• Popular Sovereignty – the People rule (“We the People”);
government reflects the will of the people through elected
officials

16. Principles
• Limited Government - law applies to equally to
everyone, even those who govern
• Article I section 9 - Writ of Habeas Corpus
(protection from arbitrary arrest) cannot be
suspended
• The Bill of Rights

17. Principles
• Separation of Powers (checks and balances) – allows
each of the three branches of government to limit the
powers of other two

19. Principles
• Federalism (division of power between state and national
gov.)
• Enumerated powers: powers specifically given to the
national govt. - control immigration, maintain army,
establish postal system
• Reserved powers - powers given to the states –
establish public schools, rules for marriage & divorce ,
police organizations
• Concurrent powers: shared by national & state govt. -
collect taxes, borrow money, set up courts & prisoners

20. The Articles
• Seven part plan for federal government
• Articles I-III describe the power and responsibilities of each
branch of govt. – legislative, executive, judicial

21. Article I – the Legislative Branch
• Framers intended for the
legislative branch to take the
leading role in govt.
• Congress made of two houses -
Senate and House of
Representatives
• Have all lawmaking/ legislative
authority (most important)

22. Article II – the Executive Branch
• Law-enforcement branch
headed by the president

23. Article III – the Judicial Branch
• One Supreme Court and lower courts as Congress deems
appropriate
• May hear cases involving the Constitution and disputes
between states

24. Article IV – the States
• Full Faith and Credit - states must respect each other’s
laws, court decisions, and records
• Process of creating new states and promises of the
federal government to protect and defend the states

25. Article V – Amendments
• Amendment = any change to the US Constitution
• Two ways to amend:
• 2/3 of both houses to vote yes on amendment
• National convention requested by 2/3 of the states
• Ratification: 2/3 of states must ratify

26. Article VI – “Supreme Law of the Land”
• Constitution is highest law in the American legal system
• Federal law prevails over state law if in conflict

27. Article VII – Ratification
• Took nine states to ratify

28. Federalists
• Supported the Constitution
• The Federalist Papers – James Madison,
Alexander Hamilton, John Jay

29. Anti-Federalists
• Opposed to Constitution
• Distrusted government removed from direct
control of the people
• Feared the new Constitution favored the rich
and powerful - ideas later reflected in the
Age of Jackson

31. Ratification of the Constitution

33. Adding the Bill of Rights
• From anti-Federalist activism
• Purpose: protect individual rights from
government interference
• Freedom of assembly, speech, religion,
the press, bearing arms; speedy trial by a
jury of peers; no unreasonable searches
• First ten amendments added by Dec. 1791

35. Amendments 1-10 - The Bill of Rights
• Guarantee basic civil liberties – freedoms to think and
act w/o govt. interference or fear of unfair treatment

36. Amendment 1
• Protects
1. Freedom of Religion
2. … Speech
3. … the Press
4. … Assembly
5. … to Petition

37. Amendment 2
• right to serve in a militia and bear arms

38. Amendment 3
• Limits the power of national govt. to quarter soldiers
• Peacetime - soldiers may not move into private
homes without owners’ consent
• Wartime - prohibited unless requested by law

39. Amendment 4
• No unreasonable search and seizures of property - need
a search warrant or probable cause
http://www.cbsnews.com/news/nyc-stop-and-
frisk-policy-violates-constitutional-rights-
federal-judge-rules/

40. Amendment 5
• Protects people accused of a crime
• No trial without formal charges
• No double jeopardy - cannot be tried twice for the same
crime
• Right to remain silent – no self incrimination
• Right to due process – must follow established legal
procedures
• Right to eminent domain - govt. cannot take property
without paying a fair price

41. Amendment 6
• Additional rights to people who accused of crimes
• Right to a speedy trial by an impartial jury in the state or
district where the crime was committed
• Right to be told the charges; to call in witnesses on their
behalf; and to be represented by a lawyer.

42. Amendment 7
• Guarantees right to a jury trial in civil cases (about
individual rights and legal obligations )

43. Amendment 8
• Prohibits excessive bail or fines
• Bail: sum of money used as a security deposit. If
person returns to trial, money is returned. If person
flees, money is forfeited.
• Forbids cruel and unusual punishment

44. Amendment 9
• The rights listed are not the only rights; protects our
unwritten rights (i.e. confidentiality in our medical
record and financial records.)

45. Amendment 10
• Powers not specifically assigned to the national govt.
are reserved powers (belong to the states)