The document summarizes key aspects of the creation and structure of the US Constitution. It describes how delegates met in Philadelphia in 1787 to address problems with the Articles of Confederation and write a new constitution. They debated issues around representation and the powers of Congress, and reached compromises including the Connecticut Compromise and Three-Fifths Compromise. The new Constitution was then ratified and outlines a federal government with separation of powers and checks and balances between the legislative, executive, and judicial branches.
2. THE ROAD TO THE CONSTITUTION
īĄ 1787, Congress agreed â there were major
problems w/ A of C
īĄ Delegates met in Philadelphia
īĄ RI did not participate â leaders opposed a stronger
central govât
īĄ 55 men- variety of professions, many future
political leaders
īĄ All white men, all had financial or political interest
in success of America
īĄ Thomas Jef ferson, John Adams not present
3. THE ROAD TO THE CONSTITUTION
īĄ Initially met to revise A of C
īĄDecided a revision was not
enough
īĄDecided to discard A of C &
write a new constitution
īĄAll wanted to strengthen the
national government
īĄLeader of convention was
George Washington
īĄDiscussions 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
īļ 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 Plan appealed to delegates from Mass.,
Pennsylvania, New York, and Virginia,
Why?
6. CREATING AND RATIFYING THE
CONSTITUTION
Two Opposing Plans
ī 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)
īą Af ter 6 weeks Roger Sherman of Connecticut
came up with answer
īą His committee proposed that Congress have two
houses; a Senate and House of Representatives
īą Each state equal representation in the Senate
īą House of Representatives, representation based on
population
īą Af ter much debate, the delegates decided to
accept Shermanâs plan called The Great
Compromise
8. CREATING AND RATIFYING
CONSTITUTION
The Three-Fifths Compromise
īĄDelegates 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
īĄSolution: Three âFifths 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 â Congress should be able to regulate
foreign and interstate trade
ī§ South â 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
ī 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 stateâs
electoral votes to a candidate
ī§The electoral college limited voter influence
and citizen participation
12.
13. CREATING AND RATIFYING THE
CONSTITUTION
īĄ 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
īĄThe Constitution and Its Parts
The Preamble (1st Part)
ī§Constitution has 3 main parts:
1. Preamble
2. 7 Articles describe the structure of the
govât
3. 27 Amendments (First 10 are Bill of
Rights)
ī§The Preamble begins with âWe the People
of the United States do ordain and
establish this Constitution for the U.S.A.â
17. STRUCTURE OF THE CONSTITUTION
ī The middle par t of the Preamble states 6 purposes of the
government:
īĄ âTo form a more per fect Unionâ :unite states effectively
īĄ âTo establish Justiceâ : fair laws and courts
īĄ âTo insure domestic Tranquilityâ : maintain peace and order
īĄ âTo provide for the common defenseâ: to protect citizens from
foreign attacks
īĄ âTo promote the general Welfareâ: help people live healthy and
happy lives
īĄ âTo secure the Blessings of Liber ty to ourselves and our Posterityâ:
guarantee the freedom and rights of Americans
18.
19. STRUCTURE OF THE CONSTITUTION
Article I: The Legislative Branch
īĸCongress has two houses-the Senate, House of Representatives
īĸ process of electing members for each house
īĸ Congress must have a majority of members vote yes to pass a law
īĸ 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 govât
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 otherâs 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 âSupreme Law of the Landâ
ī§ State laws and court decisions canât 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
īThousands of Amendments have been proposed: only
27 have been accepted
īThe Process involves two steps: proposal and
ratification
Proposal
īAmendment may be proposed in 2 ways
ī2/3 of the members of Congress
īNational convention requested by 2/3 of the statesâ
legislatures
Ratification
īOnce 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
īĄ Other than amendments, there are ways change the
Constitution
Interpretation
īĄ Framers wrote a general document that leads to
many interpretations
Necessary & Proper Clause
ī§Congress to make all laws it deems ânecessary and
properâ (Article I, Sec. 8)
ī§ âimplied powersâ 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
īĄ Supreme Cour t has the final authority on Constitutional
interpretations
ī§ Sometimes strict and other times loose interpretations (depends
on judges)
ī§ Govât changes with each interpretation
īĄ Congressional & Presidential Actions
ī§ can affect Constitutional interpretation
27. PRINCIPLES UNDERLYING THE CONSTITUTION
5 Fundamental Principles of How the Govât Operates
I. Federalism
ī Government power divided federal, state, local
level
ī 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 govâts have (collecting taxes, borrowing
money, and setting up courts and prisons)
28. PRINCIPLES UNDERLYING THE CONSTITUTION
II. Popular Sovereignty
ī Definition: Power lies within the people
ī Given to citizens by the right to vote
III. The Rule of Law
ī government is limited by rule of law, the law
applies to everyone, even those who govern
IV. Separation of Powers
ī To protect against abuse of power by one
person or group, the founding fathers
divided the govât 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
īĄ 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