Constitutional Convention

Members

55 delegates White Males Statesmen, lawyers, planters.

bankers, businessmen Most under age 50

Absent

John Adams - Ambassador to England Thomas Jefferson – Ambassador to

France Patrick Henry – “smelled a rat” Samuel Adams – Not chosen by state

to be part of the delegation

Famous Members

James Madison – “Father of the Constitution”

Alexander Hamilton – Leader of the Federalist Party

George Washington – Chairman of the convention

Benjamin Franklin – Oldest member at 81, was also at the 2nd Continental Congress

Principles of the Constitution

Checks and Balances – A political system in which branches of government have some authority over the actions of the other branches

Limited Government – The idea that government is not all powerful, but can only do what the people allow it to.

Principles of the Constitution

Federalism – The division of power between a central government and statesNational levelState levelLocal level

Principles of the Constitution

Popular Sovereignty – The people rule. The power of the government is based on the consent of the governed.

Separation of powers – The division of the government into three separate branches: executive, legislative, and judicial.

Agreements and Compromises

All agreed that rights to property should be protected.

Ben Franklin proposed universal suffrage for all males, but most wanted only those with land to vote

Most delegates favored a bicameral legislature

Agreements and Compromises

Virginia Plan – Favored by large statesWritten by James MadisonEndorsed by Alexander HamiltonGovernment with a bicameral legislature

Large house elected by popular vote Smaller house chosen by lager house members from

nominees chosen by state legislatures Number of Representatives based on wealth

Agreements and Compromises

New Jersey Plan – Favored by small statesProposed by William PatersonUnicameral houseEach state one voteDid not require a strong central

government

The Great Compromise

Aka: Connecticut Compromise Bicameral house – Benefit all states

One house called Senate Members chosen by the state legislatures Each state gets one vote

One house called House of Representatives

Members chosen by population Number of members based on population

Agreements and Compromises

Three-fifths clauseFavors Southern statesAll slaves would be counted in the

census for representation in the House as 3/5ths

Agreements and Compromises

Electoral CollegePeople chosen by the state legislaturesVote for president and vice-presidentSupposed to reflect the will of the

people

Agreements and Compromises

Slave and trade compromiseBenefits both North and SouthNo taxes on exportsNo interference with the slave trade for

20 years

Agreements and Compromises

Amendment compromise2/3 vote of both houses and ratified by state

conventions of ¾ of the states (used for 21st amendment)

Proposed by a national constitutional convention requested by 2/3 state legislatures and ratified by ¾ state legislatures (never used)

Proposed by the national constitutional convention and ratified by ¾ of the specially formed state conventions

Agreements and Compromises

Informal Amendments – Broad language allows for interpretation as things and events change our countryLegislature – “Necessary and Proper”

clause To make all Laws which shall be necessary and

proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Planning ahead

Agreements and Compromises

Executive Presidents make executive agreements with

other countries. Not a delegated power Do not have to be ratified by the Senate

Judicial Judicial review – The power of the court to

interpret the Constitution Judicial power to determine if a law is

unconstitutional

Criticism of Founders

Founders interested in protecting property – their own

All agreements based on their own economic welfare

Most scholars determine that the criticism is false because the voting did not follow their own interests but those of their state

Criticism of Constitution

Does not protect the rights of the individual

Does not protect states rights Gives a central authority too much

power

The Structure of the Constitution

The Constitution is broken up into three main parts.

What are those parts?

The Preamble The Seven Articles The Amendments

What are the first ten called?

The Preamble The Preamble is a basic introduction to

the Constitution, stating the purposes of the newly formed United States government.

“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 Prosperity, do ordain and establish this Constitution for the United States of America.”

What are the basic purposes of our Government that the Preamble states?

Articles of the Constitution

Basically the body of the Constitution. There are 7 numbered sections of the

Constitution called Articles. Article 1 – Legislative Branch Article 2 – Executive Branch Article 3 – Judicial Branch Article 4 – Relations among the States Article 5 – Amending the Constitution Article 6 – National Debts, supremacy of national law,

and oaths of office Article 7 – Ratifying the Constitution

Articles of the Constitution The first 3 Articles deal mainly with the three branches

of the National Government. These articles outline the basic organization and powers

of each branch and the methods by which the members of Congress, the President and Vice President, and federal judges are chosen.

Article IV deals mostly with the role of States in the Union and their relationship with the National Government and with one another.

Article V explains the amendment process. Article VI declares that the Constitution is the nation’s

supreme law. Article VII shows and proves the Constitution’s

ratification.

Amendments to the Constitution

There are 27 total amendments to the U.S. Constitution.

The first 10 are called the Bill of Rights. The First Amendment protects the fundamental rights, or essential

freedoms, of the people. (ex. Freedom of speech, religion, etc.) The 2-4 Amendments grew out of the colonists’ struggles against British

tyranny. (right to bear arms, no housing soldiers) Amendments 5-8 concern the rights of citizens who are accused of crimes.

(Right to trial by jury, right to lawyer) The last two amendments limit the powers of the federal government to

those powers granted in the Constitution

The amendment process is so difficult that in the 200 years following the Bill of Rights, only 17 more have been ratified