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
1787, Congress agreed – there were major
problems w/ A of C
Delegates met in Philadelphia
RI did not participate – leaders opposed a stronger
central gov’t
55 men- variety of professions, many future
political leaders
All white men, all had financial or political interest
in success of America
Thomas Jef ferson, John Adams not present
3. THE ROAD TO THE CONSTITUTION
Initially met to revise A of C
Decided a revision was not
enough
Decided to discard A of C &
write a new constitution
All wanted to strengthen the
national government
Leader of convention was
George Washington
Discussions 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
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
Plan appealed to delegates from Mass.,
Pennsylvania, New York, and Virginia,
Why?
6. CREATING AND RATIFYING THE
CONSTITUTION
Two Opposing Plans
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
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)
Af ter 6 weeks Roger Sherman of Connecticut
came up with answer
His committee proposed that Congress have two
houses; a Senate and House of Representatives
Each state equal representation in the Senate
House of Representatives, representation based on
population
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
Delegates did not know how to calculate
slaves for purposes of representation
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
Northern states opposed the idea b/c
slaves could not vote or hold office so
they should not be counted in the
population
Solution: 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
North – Congress should be able to regulate
foreign and interstate trade
South – Thought Congress would tax exports
(goods sold to other countries)
South sold agricultural products to other
countries, would cost them $$$
Slave Trade
South worried Congress would stop slaves
from coming to US
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
Some delegates thought that Congress
should choose the president
Others believed that citizens should vote
for the president
The compromise- electoral college
Voters in each state to choose the president based
on popular vote with the majority giving the state’s
electoral votes to a candidate
The electoral college limited voter influence
and citizen participation
12.
13. CREATING AND RATIFYING THE
CONSTITUTION
Approval
On Sept. 17, 1787,
Constitutional
delegates signed
the constitution
Needed ratification
of 9 of 13 states to
become law of the
land
14. CREATING AND RATIFYING THE
CONSTITUTION
Supporters of the constitution Federalists
Opposed the Constitution -Anti-Federalists
Believed Constitution gave too much power to the
national government, took too much away from
states
Constitution did not protect individual liberties i.e.,
speech and religion
Anti-Federalists promised to adopt the Constitution
if a Bill of Rights was added
Turned the tide for approval
June 21, 1788, New Hampshire 9th state to approve
the Constitution
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
The Constitution and Its Parts
The Preamble (1st Part)
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)
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
The middle par t of the Preamble states 6 purposes of the
government:
“To form a more per fect Union” :unite states effectively
“To establish Justice” : fair laws and courts
“To insure domestic Tranquility” : maintain peace and order
“To provide for the common defense”: to protect citizens from
foreign attacks
“To promote the general Welfare”: help people live healthy and
happy lives
“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
Congress has two houses-the Senate, House of Representatives
process of electing members for each house
Congress must have a majority of members vote yes to pass a law
powers that Congress does have such as collecting taxes, coining money,
and declaring war
20. STRUCTURE OF THE CONSTITUTION
Article II: The Executive Branch
provides for a law-enforcing branch of gov’t
with a president and vice president
explains how they are elected and the powers
they have
21. STRUCTURE OF THE CONSTITUTION
Article III. The Judicial Branch
interprets the laws and sees that they are fairly
applied
calls for The Supreme Court and lower federal
courts
22. STRUCTURE OF THE CONSTITUTION
Ar ticle IV
states must respect each other’s laws, court decisions, and records
Ar ticle V
Gives the right for amendments to be made to the Constitution
Ar ticle VI
Declares Constitution is the “Supreme Law of the Land”
State laws and court decisions can’t conflict with federal laws
Ar ticle VII
Constitution would take effect when 9 states had ratified it
23. STRUCTURE OF THE CONSTITUTION
The Amendment Process: Proposal and Ratification
Thousands of Amendments have been proposed: only
27 have been accepted
The Process involves two steps: proposal and
ratification
Proposal
Amendment may be proposed in 2 ways
2/3 of the members of Congress
National convention requested by 2/3 of the states’
legislatures
Ratification
Once an amendment has been proposed successfully,
¾ 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
Other than amendments, there are ways change the
Constitution
Interpretation
Framers wrote a general document that leads to
many interpretations
Necessary & Proper Clause
Congress to make all laws it deems “necessary and
proper” (Article I, Sec. 8)
“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
Supreme Cour t has the final authority on Constitutional
interpretations
Sometimes strict and other times loose interpretations (depends
on judges)
Gov’t changes with each interpretation
Congressional & Presidential Actions
can affect Constitutional interpretation
27. PRINCIPLES UNDERLYING THE CONSTITUTION
5 Fundamental Principles of How the Gov’t Operates
I. Federalism
Government power divided federal, state, local
level
Each has their own powers
Expressed, Reserved, and Concurrent Powers
Expressed Powers: powers specifically granted
to the national government
Reserved Powers: powers specifically granted
to the states (establishing schools, marriage
and divorce rules)
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
Definition: Power lies within the people
Given to citizens by the right to vote
III. The Rule of Law
government is limited by rule of law, the law
applies to everyone, even those who govern
IV. Separation of Powers
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
Keeps any one branch from becoming too
powerful
Each branch is able to check, or restrain the
power of the others
Examples:
President can veto laws proposed by
Congress, appoint Federal judges
Congress can block presidential appointments
and treaties, control spending, remove the
president from office
Supreme Court can overturn laws and
executive policies
30.
31.
32. PRINCIPLES UNDERLYING THE
CONSTITUTION
Supremacy of the Constitution
(supremacy clause)-if state and national laws
confl ict, national laws win out
U.S. constitution is durable and adaptable;
values democracy, individual liberty, and
justice under the law