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The Constitutional Convention

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Presentation on theme: "The Constitutional Convention"— Presentation transcript:

1 The United States Constitution Preamble Articles 1-7 The Bill of Rights

2 The Constitutional Convention
1787 – delegates from 12 states met to fix the AOC The “Framers” decided to write a new constitution

3 Virginia Plan 3 branches of Gov’t
Executive, Bicameral Legislature & Courts # of Representatives a State could send to the legislature was linked to it’s POPULATION SMALL STATES OPPOSED THIS PLAN!

4 New Jersey Plan Called for a gov’t without Strong & Separate Branches
Proposed a UNICAMERAL Legislature Called for EQUAL Representatives from each State STATES WITH LARGE POPULATION OPPOSED THIS PLAN

Combined the basic features of the Virginia & the New Jersey Plans 2 Houses in Congress SENATE- smaller- Each State would have equal representation HOUES OF REPRESENTATIVES- larger- each State would be represented based on POPULATION!

6 Other Compromises… 3/5ths Compromise Commerce & Slave Trade Compromise
States could count 3/5th of their slaves as part of their populations This increased the representation in the HOUSE Commerce & Slave Trade Compromise Forbid Congress from taxing exports from any State Forbid Congress from acting against the Slave trade for 20 years

7 Ratification At least 9 of the 13 States had to ratify it
2 groups formed during Ratification Process Federalists- FAVORED ratification Anti-Federalists- OPPOSED ratification

8 Federalist vs. Anti-Federalist
Federalist stressed the weaknesses of the AOC Thought Constitution was strong enough to solve country’s problems Led by Hamilton & Madison Anti-Federalists attacked almost all parts of the Constitution Increased powers of the Central Gov’t Lack of a Bill of Rights Thought Constitution was TOO Strong Led by Patrick Henry & John Hancock

9 Federalists won  11 States had ratified the Constitution in 1788
States then held election for a President 1st Congress met in March 1789

10 Six Fundamental Principles of the Constitution
Popular Sovereignty Idea that PEOPLE are the source of all the power held by the Gov’t Limited Gov’t The gov’t possesses only the power the people give it- it must obey the Constitution Also known as CONSTITUTIONALISM Gov’t Officials are subject to “Rule of Law” – must always obey the law & are never above it

11 Six Fundamental Principles of the Constitution
Separation of Powers Establishes 3 SEPARATE Branches that SHARE the government power Legislative, Executive & Judicial Checks & Balances Ensures that none of the 3 Branches can be too powerful Each Branch has ways to limit the power of the other two Example: Presidential can VETO any act of Congress but then Congress can override the veto with a 2/3rds vote

12 Six Fundamental Principles of the Constitution
Judicial Review Power of the courts to decide what the Constitution means Court has power to declare a government action to be against the Constitution – UNCONSTITUTIONAL Federalism Divides the power between the central gov’t & States

13 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.

14 Purpose of the Preamble
States the reasons why the Constitution was written – basically the GOALS Stability & Order Security Protection of Rights Provide Services

15 The Articles Each article covers a general topic & is broken down into sections

16 Article 1 - Establishes the Legislative Branch
Bi-Cameral Legislature – Lawmaking Body House of Representatives The voice of the people Senate Broad interest of the States Congress has EXPRESSED Powers Directly stated by the Constitution Founders did NOT want Congress to abuse its power

17 Article 1 - Establishes the Legislative Branch
“Enumerated Powers” Article 1 Section 8 Itemized list of Congressional Powers “Elastic Clause” 18th “Enumerated Power” Gives Congress the power to make all laws “Necessary & Proper” to carry out the Powers of Congress McCulloch vs. Maryland Established the right of the National Gov’t to apply the “Necessary & Proper” clause over State’s Rights

18 Why did they make Legislative Article 1?
The Framers wanted to emphasize that the branch of the people- Legislative – was more important than the Executive Branch

19 Article 2 - Created the Executive Branch
Founders recognized the need for a strong National Government & gave the President broad but vaguely described powers Article 2 Section 2 & 3 list out some of the specific Presidential Powers

20 Article 3 - Set up the Judicial Branch
Shortest of the first 3 Articles Supreme Court established by Constitution Congress has power to establish all inferior courts Federal & State Courts Federal Courts have power over FEDERAL laws Subject matter & people involved determines who has JURISDICTION

21 Article 4 Explains the Relationship between the Nations & State levels of Government

22 Article 5 Outlines the Amendment Process

23 Article 6 Supremacy Clause

24 Article 7 Ratification of the Constitution

25 The Amendments 27 Amendments follow the 7 articles
The Bill of Rights limits the powers of the government Its purpose is to protect the rights of individual liberty, such as freedom of speech, and rights of persons accused of crimes, such as the right to trial by jury

26 Amendment I: Freedom of Expression
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Personal Freedoms of Religion, Speech, Press, Protest, Assemble

27 Amendment II: The Right to Bear Arms
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. Right to Own a gun

28 Amendment III: The Quartering of Troops
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. You don’t have to house soldiers

29 Amendment IV: Unreasonable Searches and Seizures
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Gov’t has to have a warrant or probable cause to search or take you, your things or your house

30 Amendment V: Due Process of the Law
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. (Eminent Domain)

31 Amendment VI: Right to a Fair Trial
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

32 Amendment VII: Trial by Jury in Civil Cases
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. Jury trial in Civil Suits

33 Amendment VIII: Cruel and Unusual Punishment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Punishment/bail/fine must fit Crime

34 Amendment IX: Unenumerated Rights
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. There are other rights the people have.

35 Amendment X: State’s Rights
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. Reserved powers – States have any powers not mentioned

36 Amendment XI (1794) – Supreme Court Jurisdiction
This amendment changed the jurisdiction of the Supreme Court, making most of its cases appeals from lower courts

37 Amendment XII (1804) – Election of President and Vice President
Changed the electoral process for President. Originally the electors voted twice for president, amend 12 makes them vote for President and Vice President.

38 Amendment XIII (1865) – abolish slavery
This amendment abolishes slavery in the United States

39 Amendment XIV (1868) – Rights of Citizens
This Amendment extends the rights of citizens to former slaves, including Due Process of Law.

40 Amendment XV (1870) – Right to Vote
The right to vote cannot be denied because of race, color, or previous condition of servitude

41 Amendment XVI (1913) – Income Tax
This gave congress the power to levy direct taxes on the people through the income tax

42 Amendment XVII (1913) – popular election of Senators
This Amendments changed the way that Senators were chosen. Originally they were chosen by the State Governments. This Amendment changes that selection process to Popular election

43 Amendment XVIII (1919) - Prohibition
This amendment made it illegal to make, sell, import, export, or transport alcohol.

44 Amendment XIX (1920) – Equal Suffrage
The right to vote cannot be denied because of sex

45 Amendment XX (1933) – Lame Duck
Shortens the Lame duck period from March 4th to January 20th. It also moved the start of the congressional session to January 3rd.

46 Amendment XXI (1933) – Repeal Prohibition
This amendment did away with the 18th amendment. Reversed Prohibition.

47 Amendment XXII (1951) – Presidential Tenure
This amendment limits the President to 2 terms, and states that he can serve no more than a total of 10 years

48 Amendment XXIII (1961) – Electors for D.C.
This Amendment gave Washington D.C. Electors for president

49 Amendment XXIV (1964) – Right to Vote
This Amendment outlaws the practice of poll tax

50 Amendment XXV (1967) – Presidential Succession and Inability to serve
This amendment outlines the line of succession should something happen to the president, and also provides for the scenario that the president is unable to do his job for any reason.

51 Amendment XXVI (1971) – Right to Vote
This amendment changes the voting age to 18

52 Amendment XXVII (1992) – Government officials Pay
This amendment says that If congress decides to change its pay or the Presidents pay the raise will not go into effect until the next congressional election.

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