2 Overview Basic Principles The Organization/Structure of the New GovernmentThe Road to Ratification
3 Constitutional Convention Virginia Plan (Edmund Randolph)bicameral legislature, lower house elected by people, upper house elected by lower house from names submitted by state legislatures.seats in both allocated by population sizeexecutive chosen by legislature, single termnational judiciary, chosen by legislature, life termsnational gov sovereign
4 Constitutional Convention New Jersey Plan (William Paterson)unicameral legislature, each state equallegislature regulate trade/commerce and tax states (proportional to population)legislature elects “collegial” executiveexecutive selects national judiciarynational gov sovereign
5 Constitutional Convention Connecticut (Great) Compromise (Roger Sherman)bicameral legislatureone house based on proportional representaionone house based on state equality
6 Constitutional Convention But if one house based on proportional representation, what should serve as basis?geography?wealth?population?
7 Constitutional Convention They settle on population, but that in turn raised the question as to who should count as part of the populationIn particular, should slaves count as part of a state’s population?
8 Constitutional Convention Convention works out a compromise, whereby each slave counts as 3/5ths of a free person
9 Basic Principles Three guiding principles of the Constitution: Separation of PowersChecks and BalancesFederalism
10 Basic Principles Separation of Powers: The division of the national government into three distinct branches corresponding to the basic functions of government:Legislature (make laws)Executive (administer the laws)Judiciary (interpret and enforce the laws)
11 Basic Principles Checks and Balances Powers/Responsibilities given to one branch of government are offset by powers delegated to another branch.e.g., Congress may pass a bill, but it doesn’t become law until the President signs it.President can veto legislation, but Congress can override the veto
13 Basic Principles Federalism Shared power relations between the national government and the statesAn attempt to forge a path between the strong central government of a unitary model and the weakened central government of a confederation
14 Basic features of the Constitution Creates bicameral legislature (Congress)People elect the House of RepresentativesState legislatures elect SenatorsCreates independent executive (President)Chosen by the Electoral CollegeCreates national judiciary (Supreme Court)Nominated by President; Confirmed by Senate
15 Structure/Organization Legislature: Congressbicameral (2 houses)House of Representativesbased on population; the more people in the state, the more representatives it receivesSenateeach state equal representation2 senators per state, each senator receives one votecontrast with Articles where each state delegation had a single vote
17 Structure/Organization JudiciarySupreme CourtOther federal courtscreated by Congress
18 Basic features of the Constitution Power concentrated at the national level“Supremacy” Clause (Article 6)New Powers (most are given to Congress)Power to levy/collect taxesRegulate interstate commerceRaise and maintain a standing armyenact all laws “necessary and proper”
19 Amending the Constitution Two primary means for amending the constitution:Formalactual changes in language of Constitution through addition or deletion)Informalchanges in ways in which we interpret the language of the Constitution
20 Amending the Constitution Proposal2/3rds vote of both houses of CongressNational Convention called by 2/3rds of statesRatificationLegislatures of 3/4ths of statesBy conventions in 3/4ths of the states
21 Amending the Constitution Informal methodSupreme Court reinterprets language of the Constitution“Judicial Review”Marbury v. Madison (1803)
22 Constitution Today Includes Amendments Significant changes: Bill of Rights (1st through 10th Amendments)judicial review (Marbury v. Madison)no slavery (13th Amendment)expanded federal power (14th Amendment)expanded voting rights (15th, 19th, 24th, 26th)direct election of senators (17th Amendment)terms limits on president (22nd Amendment)
23 Constitutional Convention 17 September 1787 Convention adopts ConstitutionSends to the states for ratification (approval)9 states required to ratify and adopt the ConstitutionRatification by special convention in each state
25 Delaware 12/7/87 30-0 Pennsylvania 12/12/87 46-23 (12) New Jersey 12/19/8738-0Georgia1/2/178826-0Connecticut1/9/1788128-40Mass.2/6/1788(10)Maryland4/28/8863-11So. Carolina5/23/88149-73New Hamp.6/21/8857-46 (6)Virginia6/25/8889-79 (6)New York7/26/8830-27 (2)No. Carolina11/21/89187-77Rhode Is.5/29/9034-32Pa vote: 12 votes, Mass 10 votes, NH 6 votes
26 Ratification Calculations The Constitution would not have been ratified if as few as 14 votes (about 1% of total cast), had changed sides in the debateIf 36 votes had changed, a majority of states would have voted against ratificationGiven that it was so close, and that we think of the Constitution as a great successWhy was it so controversial?