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CHAPTER 3-THE 
CONSTITUTION
THE ROAD TO THE CONSTITUTION 
ī‚Ą 1787, Congress agreed – there were major 
problems w/ A of C 
ī‚Ą Delegates met in Philadelphia 
ī‚Ą RI did not participate – leaders opposed a stronger 
central gov’t 
ī‚Ą 55 men- variety of professions, many future 
political leaders 
ī‚Ą All white men, all had financial or political interest 
in success of America 
ī‚Ą Thomas Jef ferson, John Adams not present
THE ROAD TO THE CONSTITUTION 
ī‚Ą Initially met to revise A of C 
ī‚ĄDecided a revision was not 
enough 
ī‚ĄDecided to discard A of C & 
write a new constitution 
ī‚ĄAll wanted to strengthen the 
national government 
ī‚ĄLeader of convention was 
George Washington 
ī‚ĄDiscussions kept secret from 
public
IDEAS INCLUDED IN NEW 
CONSTITUTION 
1. Limited government 
2. National government to protect common 
good 
3. Separation of powers and checks and 
balances 
4. Representatives elected to represent 
common good 
īļ Major issue was equality- in the states, 
among voters and among people (slavery)
CREATING AND RATIFYING THE 
CONSTITUTION 
Two Opposing Plans 
Virginia Plan, developed by James Madison 
A. government with three branches: 
legislative branch, executive branch, 
judicial branch 
B. legislative branch- two houses, states 
would be represented by population 
ī‚ž Plan appealed to delegates from Mass., 
Pennsylvania, New York, and Virginia, 
Why?
CREATING AND RATIFYING THE 
CONSTITUTION 
Two Opposing Plans 
ī‚ž The New Jersey Plan 
A. New Jersey Plan, legislature would only 
have one house and each state would get 
just one vote 
B. The small states, feared large states would 
dominate legislature 
ī‚§ The small states approved this plan while 
the large states did not- both sides were 
left arguing
CREATING AND RATIFYING THE 
CONSTITUTION 
The Great Compromise (Connecticut Compromise) 
īą Af ter 6 weeks Roger Sherman of Connecticut 
came up with answer 
īą His committee proposed that Congress have two 
houses; a Senate and House of Representatives 
īą Each state equal representation in the Senate 
īą House of Representatives, representation based on 
population 
īą Af ter much debate, the delegates decided to 
accept Sherman’s plan called The Great 
Compromise
CREATING AND RATIFYING 
CONSTITUTION 
The Three-Fifths Compromise 
ī‚ĄDelegates did not know how to calculate 
slaves for purposes of representation 
ī‚§Gave southern states more voting power 
even though slaves did not have the right 
to vote wanted to count them as part of 
their population 
ī‚§Northern states opposed the idea b/c 
slaves could not vote or hold office so 
they should not be counted in the 
population 
ī‚ĄSolution: Three –Fifths Compromise- 5 
slaves would count as 3 free persons; 
number used to figure representation in 
Congress
CREATING AND RATIFYING THE 
CONSTITUTION 
Compromise over slaves and trade 
Trade 
ī‚§ North – Congress should be able to regulate 
foreign and interstate trade 
ī‚§ South – Thought Congress would tax exports 
(goods sold to other countries) 
ī‚§ South sold agricultural products to other 
countries, would cost them $$$ 
Slave Trade 
ī‚§ South worried Congress would stop slaves 
from coming to US 
īƒ˜ Compromise- the southern states agreed 
that Congress could regulate trade as long 
as they would not tax exports or interfere 
with the slave trade before 1808
CREATING AND RATIFYING THE 
CONSTITUTION 
ī‚§Some delegates thought that Congress 
should choose the president 
ī‚§ Others believed that citizens should vote 
for the president 
ī‚§The compromise- electoral college 
ī‚§ Voters in each state to choose the president based 
on popular vote with the majority giving the state’s 
electoral votes to a candidate 
ī‚§The electoral college limited voter influence 
and citizen participation
CREATING AND RATIFYING THE 
CONSTITUTION 
ī‚Ą Approval 
ī‚§On Sept. 17, 1787, 
Constitutional 
delegates signed 
the constitution 
ī‚§Needed ratification 
of 9 of 13 states to 
become law of the 
land
CREATING AND RATIFYING THE 
CONSTITUTION 
ī‚§Supporters of the constitution Federalists 
ī‚§ Opposed the Constitution -Anti-Federalists 
ī‚§Believed Constitution gave too much power to the 
national government, took too much away from 
states 
ī‚§Constitution did not protect individual liberties i.e., 
speech and religion 
ī‚§Anti-Federalists promised to adopt the Constitution 
if a Bill of Rights was added 
ī‚§ Turned the tide for approval 
ī‚§ June 21, 1788, New Hampshire 9th state to approve 
the Constitution 
ī‚§ Last state to approve was Rhode Island(1790), made 
13 independent states one nation, the U.S.A.
THE STRUCTURE OF THE 
CONSTITUTION 
ī‚ĄThe Constitution and Its Parts 
The Preamble (1st Part) 
ī‚§Constitution has 3 main parts: 
1. Preamble 
2. 7 Articles describe the structure of the 
gov’t 
3. 27 Amendments (First 10 are Bill of 
Rights) 
ī‚§The Preamble begins with “We the People 
of the United States do ordain and 
establish this Constitution for the U.S.A.”
STRUCTURE OF THE CONSTITUTION 
ī‚ž The middle par t of the Preamble states 6 purposes of the 
government: 
ī‚Ą “To form a more per fect Union” :unite states effectively 
ī‚Ą “To establish Justice” : fair laws and courts 
ī‚Ą “To insure domestic Tranquility” : maintain peace and order 
ī‚Ą “To provide for the common defense”: to protect citizens from 
foreign attacks 
ī‚Ą “To promote the general Welfare”: help people live healthy and 
happy lives 
ī‚Ą “To secure the Blessings of Liber ty to ourselves and our Posterity”: 
guarantee the freedom and rights of Americans
STRUCTURE OF THE CONSTITUTION 
Article I: The Legislative Branch 
ī‚ĸCongress has two houses-the Senate, House of Representatives 
ī‚ĸ process of electing members for each house 
ī‚ĸ Congress must have a majority of members vote yes to pass a law 
ī‚ĸ powers that Congress does have such as collecting taxes, coining money, 
and declaring war
STRUCTURE OF THE CONSTITUTION 
Article II: The Executive Branch 
ī‚§provides for a law-enforcing branch of gov’t 
with a president and vice president 
ī‚§explains how they are elected and the powers 
they have
STRUCTURE OF THE CONSTITUTION 
Article III. The Judicial Branch 
ī‚§interprets the laws and sees that they are fairly 
applied 
ī‚§calls for The Supreme Court and lower federal 
courts
STRUCTURE OF THE CONSTITUTION 
Ar ticle IV 
ī‚§ states must respect each other’s laws, court decisions, and records 
Ar ticle V 
ī‚§ Gives the right for amendments to be made to the Constitution 
Ar ticle VI 
ī‚§ Declares Constitution is the “Supreme Law of the Land” 
ī‚§ State laws and court decisions can’t conflict with federal laws 
Ar ticle VII 
ī‚§ Constitution would take effect when 9 states had ratified it
STRUCTURE OF THE CONSTITUTION 
The Amendment Process: Proposal and Ratification 
īƒ˜Thousands of Amendments have been proposed: only 
27 have been accepted 
īƒ˜The Process involves two steps: proposal and 
ratification 
Proposal 
īƒ˜Amendment may be proposed in 2 ways 
īƒ˜2/3 of the members of Congress 
īƒ˜National convention requested by 2/3 of the states’ 
legislatures 
Ratification 
īƒ˜Once an amendment has been proposed successfully, 
ž of the states must ratify it by a vote of state 
legislatures or state conventions 
All Amendments so far have been by Congressional 
action (except 21st)
STRUCTURE OF THE CONSTITUTION 
ī‚Ą Other than amendments, there are ways change the 
Constitution 
Interpretation 
ī‚Ą Framers wrote a general document that leads to 
many interpretations 
Necessary & Proper Clause 
ī‚§Congress to make all laws it deems “necessary and 
proper” (Article I, Sec. 8) 
ī‚§ “implied powers” Congress allowed to exercise 
powers not specifically listed in the Constitution- 
Americans differ on what laws are necessary and 
proper
STRUCTURE OF THE CONSTITUTION 
ī‚Ą Supreme Cour t has the final authority on Constitutional 
interpretations 
ī‚§ Sometimes strict and other times loose interpretations (depends 
on judges) 
ī‚§ Gov’t changes with each interpretation 
ī‚Ą Congressional & Presidential Actions 
ī‚§ can affect Constitutional interpretation
PRINCIPLES UNDERLYING THE CONSTITUTION 
5 Fundamental Principles of How the Gov’t Operates 
I. Federalism 
ī‚ž Government power divided federal, state, local 
level 
ī‚ž Each has their own powers 
ī‚§ Expressed, Reserved, and Concurrent Powers 
ī‚– Expressed Powers: powers specifically granted 
to the national government 
ī‚– Reserved Powers: powers specifically granted 
to the states (establishing schools, marriage 
and divorce rules) 
ī‚– Concurrent Powers: powers that national and 
state gov’ts have (collecting taxes, borrowing 
money, and setting up courts and prisons)
PRINCIPLES UNDERLYING THE CONSTITUTION 
II. Popular Sovereignty 
īƒ˜ Definition: Power lies within the people 
īƒ˜ Given to citizens by the right to vote 
III. The Rule of Law 
īƒ˜ government is limited by rule of law, the law 
applies to everyone, even those who govern 
IV. Separation of Powers 
īƒ˜ To protect against abuse of power by one 
person or group, the founding fathers 
divided the gov’t into 3 branches each with 
different functions
PRINCIPLES UNDERLYING THE CONSTITUTION 
V. Checks and Balances 
ī‚§Keeps any one branch from becoming too 
powerful 
ī‚§ Each branch is able to check, or restrain the 
power of the others 
ī‚§ Examples: 
ī‚§President can veto laws proposed by 
Congress, appoint Federal judges 
ī‚§Congress can block presidential appointments 
and treaties, control spending, remove the 
president from office 
ī‚§Supreme Court can overturn laws and 
executive policies
PRINCIPLES UNDERLYING THE 
CONSTITUTION 
ī‚Ą Supremacy of the Constitution 
(supremacy clause)-if state and national laws 
confl ict, national laws win out 
ī‚§ U.S. constitution is durable and adaptable; 
values democracy, individual liberty, and 
justice under the law

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Constitution and Road to Ratification

  • 2. THE ROAD TO THE CONSTITUTION ī‚Ą 1787, Congress agreed – there were major problems w/ A of C ī‚Ą Delegates met in Philadelphia ī‚Ą RI did not participate – leaders opposed a stronger central gov’t ī‚Ą 55 men- variety of professions, many future political leaders ī‚Ą All white men, all had financial or political interest in success of America ī‚Ą Thomas Jef ferson, John Adams not present
  • 3. THE ROAD TO THE CONSTITUTION ī‚Ą Initially met to revise A of C ī‚ĄDecided a revision was not enough ī‚ĄDecided to discard A of C & write a new constitution ī‚ĄAll wanted to strengthen the national government ī‚ĄLeader of convention was George Washington ī‚ĄDiscussions kept secret from public
  • 4. IDEAS INCLUDED IN NEW CONSTITUTION 1. Limited government 2. National government to protect common good 3. Separation of powers and checks and balances 4. Representatives elected to represent common good īļ Major issue was equality- in the states, among voters and among people (slavery)
  • 5. CREATING AND RATIFYING THE CONSTITUTION Two Opposing Plans Virginia Plan, developed by James Madison A. government with three branches: legislative branch, executive branch, judicial branch B. legislative branch- two houses, states would be represented by population ī‚ž Plan appealed to delegates from Mass., Pennsylvania, New York, and Virginia, Why?
  • 6. CREATING AND RATIFYING THE CONSTITUTION Two Opposing Plans ī‚ž The New Jersey Plan A. New Jersey Plan, legislature would only have one house and each state would get just one vote B. The small states, feared large states would dominate legislature ī‚§ The small states approved this plan while the large states did not- both sides were left arguing
  • 7. CREATING AND RATIFYING THE CONSTITUTION The Great Compromise (Connecticut Compromise) īą Af ter 6 weeks Roger Sherman of Connecticut came up with answer īą His committee proposed that Congress have two houses; a Senate and House of Representatives īą Each state equal representation in the Senate īą House of Representatives, representation based on population īą Af ter much debate, the delegates decided to accept Sherman’s plan called The Great Compromise
  • 8. CREATING AND RATIFYING CONSTITUTION The Three-Fifths Compromise ī‚ĄDelegates did not know how to calculate slaves for purposes of representation ī‚§Gave southern states more voting power even though slaves did not have the right to vote wanted to count them as part of their population ī‚§Northern states opposed the idea b/c slaves could not vote or hold office so they should not be counted in the population ī‚ĄSolution: Three –Fifths Compromise- 5 slaves would count as 3 free persons; number used to figure representation in Congress
  • 9.
  • 10. CREATING AND RATIFYING THE CONSTITUTION Compromise over slaves and trade Trade ī‚§ North – Congress should be able to regulate foreign and interstate trade ī‚§ South – Thought Congress would tax exports (goods sold to other countries) ī‚§ South sold agricultural products to other countries, would cost them $$$ Slave Trade ī‚§ South worried Congress would stop slaves from coming to US īƒ˜ Compromise- the southern states agreed that Congress could regulate trade as long as they would not tax exports or interfere with the slave trade before 1808
  • 11. CREATING AND RATIFYING THE CONSTITUTION ī‚§Some delegates thought that Congress should choose the president ī‚§ Others believed that citizens should vote for the president ī‚§The compromise- electoral college ī‚§ Voters in each state to choose the president based on popular vote with the majority giving the state’s electoral votes to a candidate ī‚§The electoral college limited voter influence and citizen participation
  • 12.
  • 13. CREATING AND RATIFYING THE CONSTITUTION ī‚Ą Approval ī‚§On Sept. 17, 1787, Constitutional delegates signed the constitution ī‚§Needed ratification of 9 of 13 states to become law of the land
  • 14. CREATING AND RATIFYING THE CONSTITUTION ī‚§Supporters of the constitution Federalists ī‚§ Opposed the Constitution -Anti-Federalists ī‚§Believed Constitution gave too much power to the national government, took too much away from states ī‚§Constitution did not protect individual liberties i.e., speech and religion ī‚§Anti-Federalists promised to adopt the Constitution if a Bill of Rights was added ī‚§ Turned the tide for approval ī‚§ June 21, 1788, New Hampshire 9th state to approve the Constitution ī‚§ Last state to approve was Rhode Island(1790), made 13 independent states one nation, the U.S.A.
  • 15.
  • 16. THE STRUCTURE OF THE CONSTITUTION ī‚ĄThe Constitution and Its Parts The Preamble (1st Part) ī‚§Constitution has 3 main parts: 1. Preamble 2. 7 Articles describe the structure of the gov’t 3. 27 Amendments (First 10 are Bill of Rights) ī‚§The Preamble begins with “We the People of the United States do ordain and establish this Constitution for the U.S.A.”
  • 17. STRUCTURE OF THE CONSTITUTION ī‚ž The middle par t of the Preamble states 6 purposes of the government: ī‚Ą “To form a more per fect Union” :unite states effectively ī‚Ą “To establish Justice” : fair laws and courts ī‚Ą “To insure domestic Tranquility” : maintain peace and order ī‚Ą “To provide for the common defense”: to protect citizens from foreign attacks ī‚Ą “To promote the general Welfare”: help people live healthy and happy lives ī‚Ą “To secure the Blessings of Liber ty to ourselves and our Posterity”: guarantee the freedom and rights of Americans
  • 18.
  • 19. STRUCTURE OF THE CONSTITUTION Article I: The Legislative Branch ī‚ĸCongress has two houses-the Senate, House of Representatives ī‚ĸ process of electing members for each house ī‚ĸ Congress must have a majority of members vote yes to pass a law ī‚ĸ powers that Congress does have such as collecting taxes, coining money, and declaring war
  • 20. STRUCTURE OF THE CONSTITUTION Article II: The Executive Branch ī‚§provides for a law-enforcing branch of gov’t with a president and vice president ī‚§explains how they are elected and the powers they have
  • 21. STRUCTURE OF THE CONSTITUTION Article III. The Judicial Branch ī‚§interprets the laws and sees that they are fairly applied ī‚§calls for The Supreme Court and lower federal courts
  • 22. STRUCTURE OF THE CONSTITUTION Ar ticle IV ī‚§ states must respect each other’s laws, court decisions, and records Ar ticle V ī‚§ Gives the right for amendments to be made to the Constitution Ar ticle VI ī‚§ Declares Constitution is the “Supreme Law of the Land” ī‚§ State laws and court decisions can’t conflict with federal laws Ar ticle VII ī‚§ Constitution would take effect when 9 states had ratified it
  • 23. STRUCTURE OF THE CONSTITUTION The Amendment Process: Proposal and Ratification īƒ˜Thousands of Amendments have been proposed: only 27 have been accepted īƒ˜The Process involves two steps: proposal and ratification Proposal īƒ˜Amendment may be proposed in 2 ways īƒ˜2/3 of the members of Congress īƒ˜National convention requested by 2/3 of the states’ legislatures Ratification īƒ˜Once an amendment has been proposed successfully, ž of the states must ratify it by a vote of state legislatures or state conventions All Amendments so far have been by Congressional action (except 21st)
  • 24.
  • 25. STRUCTURE OF THE CONSTITUTION ī‚Ą Other than amendments, there are ways change the Constitution Interpretation ī‚Ą Framers wrote a general document that leads to many interpretations Necessary & Proper Clause ī‚§Congress to make all laws it deems “necessary and proper” (Article I, Sec. 8) ī‚§ “implied powers” Congress allowed to exercise powers not specifically listed in the Constitution- Americans differ on what laws are necessary and proper
  • 26. STRUCTURE OF THE CONSTITUTION ī‚Ą Supreme Cour t has the final authority on Constitutional interpretations ī‚§ Sometimes strict and other times loose interpretations (depends on judges) ī‚§ Gov’t changes with each interpretation ī‚Ą Congressional & Presidential Actions ī‚§ can affect Constitutional interpretation
  • 27. PRINCIPLES UNDERLYING THE CONSTITUTION 5 Fundamental Principles of How the Gov’t Operates I. Federalism ī‚ž Government power divided federal, state, local level ī‚ž Each has their own powers ī‚§ Expressed, Reserved, and Concurrent Powers ī‚– Expressed Powers: powers specifically granted to the national government ī‚– Reserved Powers: powers specifically granted to the states (establishing schools, marriage and divorce rules) ī‚– Concurrent Powers: powers that national and state gov’ts have (collecting taxes, borrowing money, and setting up courts and prisons)
  • 28. PRINCIPLES UNDERLYING THE CONSTITUTION II. Popular Sovereignty īƒ˜ Definition: Power lies within the people īƒ˜ Given to citizens by the right to vote III. The Rule of Law īƒ˜ government is limited by rule of law, the law applies to everyone, even those who govern IV. Separation of Powers īƒ˜ To protect against abuse of power by one person or group, the founding fathers divided the gov’t into 3 branches each with different functions
  • 29. PRINCIPLES UNDERLYING THE CONSTITUTION V. Checks and Balances ī‚§Keeps any one branch from becoming too powerful ī‚§ Each branch is able to check, or restrain the power of the others ī‚§ Examples: ī‚§President can veto laws proposed by Congress, appoint Federal judges ī‚§Congress can block presidential appointments and treaties, control spending, remove the president from office ī‚§Supreme Court can overturn laws and executive policies
  • 30.
  • 31.
  • 32. PRINCIPLES UNDERLYING THE CONSTITUTION ī‚Ą Supremacy of the Constitution (supremacy clause)-if state and national laws confl ict, national laws win out ī‚§ U.S. constitution is durable and adaptable; values democracy, individual liberty, and justice under the law