2Creating a Constitution The Constitutional Convention of 1787 was called to revise the Articles of Confederation.This “revision” led to the eventual abandonment of the Articles and created a new constitutional framework.
3Revision AttemptsCharles Pinckney of S.C. proposed that Congress revise the Articles of Confederation.Among the proposed changes included amendments that would have granted Congress exclusive power over commerce.Instead of “tinkering” with old Articles, a Constitutional Convention was called to re-write a new Constitution.
4Constitutional Convention Held in Philadelphia 1787.Intent of the ConventionEconomic – protect property rights and make America safe from democracyIdealistic – make a perfect unionPragmatic – dealing with the question of sovereignty. Placing common interests over regional or personal concerns.
5Constitutional Convention Participants – 55 delegates from 12 statesYoung (average age 42), professional (1/2 were lawyers), men of economic substanceRevolutionary War veteransAbsent: Thomas Jefferson, Patrick Henry
6Constitutional Convention Key participantsWashington – president of the conventionMadison – researched every previous republicLarge public is not only possible but preferredPopularly elected officials with sovereignty in the hands of the people, not the governments.
7The Compromises Virginia Plan/ Large States Plan 2 house legislature with representation based on population for bothPresident and courts chosen by legislatureFavor larger states over smaller states
8The Compromises New Jersey Plan Congress with each state having 1 vote Separate executive and judicial branchesIncreased powers of CongressEqual power sharing between small states and large states
9The Compromises The “Great Compromise” Lower house membership dependent on populationUpper house with two members from each stateAll revenue (tax) bills must begin in lower houseThis provision still holds true!
10The Compromises Three-Fifths Compromise 60% of slaves counted for representation and taxationNo congressional interference with slavery for 20 yearsNon-slave states wanted slaves counted for taxation, but not representation and wanted an end to importation of slavesSlave states wanted slaves counted for representation but not taxation, plus no interference with slave trade by federal government
11The CompromisesCommerce Compromise (no tax on exports, simple majority needed to pass commerce bills)Cotton and tobacco producing states wanted restriction of taxes on exports and all commerce bills to be passed by a two-thirds vote of CongressNorthern industrial states wanted federal tariffs to keep up out cheaper European products and raise revenues for the government
12RatificationBecause of fear of opposition from states, only 9 of the 13 were needed for the Constitution to take effect.Because of opposition from state legislatures, conventions elected by the people were given authority to approve or reject the Constitution.
13Ratification Federalists vs. Anti-Federalists Most federalists were wealthy and well-educated and sought the creation of a more powerful central governmentMost anti-federalists were farmers who were loyal primarily to their state governmentsFeared taxation power of federal governmentRepublican government could not rule a large nation
14RatificationFederalist Papers (Hamilton, Madison, Jay) were most influential political literature of the timeArgued that limitations on governmental power were built into the ConstitutionNeed for strength to earn respect abroad
15RatificationPromise of a “Bill of Rights” added to the Constitution helped persuade opponents to ratify it.
16Goals of the FramersTo establish a government strong enough to meet the nations needs – an objective sought through substantial grants of power to the federal government in areas such as defense and commerce
17Goals of the FramersTo establish a government that would not threaten the existence of the separate states – an objective sought through federalism and through a Congress connected to the states through elections
18Goals of the FramersTo establish a government that would not threaten liberty – an objective sought through an elaborate system of checks and balancesTo establish a government based on popular sovereignty – an objective sought through provisions for the direct and indirect election of public officials.
19Constitution - Framework Framework of Constitutions consists of:PreambleArticles (7)Amendments (27)
20Constitution, 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 the CONSTITUTION for the United States of America.”
21Constitution, Article I Legislative BranchSection 1All legislative powers vested in a Congress, which shall include a House and SenateSection 2Membership of HouseElection Cycle: Every 2 years by the peopleAge: 25 yearsCitizenship: 7 years,Allocation: based by population
22Constitution, Article I Section 3: SenateMembership: 2 from each stateElection cycle: 6 years, 1/3 up for election every 2 years.Age: 30 yearsCitizenship: 9 yearsProvide for senate leadershipTry all impeachments 2/3 majority for convictions
23Constitution, Article I Section 4Time, place, manner for elections left up to statesSection 5Sets up procedures for meetings, attendance of members, adjournment
24Constitution, Article I Section 7Bills of Revenue originate in the HouseProcess for Bills to become lawSection 8: Specific Powers of CongressLay and collect taxesProvide for common Defense, General WelfareBorrow money
25Constitution, Article I Regulate commerce with Foreign NationsCoin moneyConfirm Presidential appointments (Senate)Establish Post OfficesDeclare WarRaise and Support ArmiesMaintain NavyAll laws necessary and proper
26Constitution, Article I Section 9Limits on Congress’s taxing powerSection 10Prevents states from entering into powers vested to the Congress like treaties, or impose duties on imports.
27Constitution, Article II Section 1: Executive power vested in a President.Establishes electoral collegeEstablishes 4 Year term for PresidentAge: 35Citizenship: Natural BornSuccession: Vice President
28Constitution, Article II Section 2Establishes President as Commander in Chief of Army and NavyPower to make treaties with consent of the SenatePower to fill vacancies during recess of the Senate.
29Constitution, Article II Section 3Give to the Congress information on the State of the UnionSection 4Power to be impeached by Congress
30Constitution, Article III Section 1Judicial power shall be vested in one supreme court and lower courts which Congress deems necessarySection 2Trial by jury, sets jurisdiction for particular cases
31Constitution, Article III Section 3Treason provision“Consist only in levying war against them, or in adhering to their enemies, giving them Aid and Comfort. No person shall be convicted unless on the testimony to the same overt act, or on confession in open court.”
32Constitution, Article IV Section 1Full Faith and Credit ClauseSection 2Citizens of each state shall be entitled to all privileges and immunities of Citizens in another stateExtradition clause
33Constitution, Article IV Admission of new states into the unionSection 4Guarantee to every state a “Republican” form of government.
34Constitution, Article V The Congress may when necessary propose amendments to the ConstitutionRatification ¾ of the states
35Constitution, Article VI All debts entered into before Adoption of the Constitution are valid.All members of government shall be bound to this constitution by Oath or Affirmation.
36Constitution, Article VII Ratification of this constitution shall be considered by 9 of the 13 states.12 of 13 states signed the constitutionRhode Island was the last state to ratify the constitution and only after the bill of rights had been written...making it unanimous.
37Constitution, Amendments 1-10 Free exercise of religion, press, speechRight to peaceably assembleRight to Petition Government for a redress of grievances
38Constitution, Amendments 1-10 Amendment IIRight to bear Arms shall not be infringedAmendment IIINo soldier shall be quartered in time of peace, without consent of the owner
39Constitution, Amendments 1-10 Amendment IVReasonable search and seizuresWarrants upon probable causeAmendment VIndictment by Grand JuryDouble jeopardyWitness against himselfDue process of lawJust compensation for property
40Constitution, Amendments 1-10 Amendment VIRight to speedy trial by an impartial juryRight to know cause and accusationRight to be confronted by witnesses and have witnesses to supportRight to have Assistance of Counsel for defense
41Constitution, Amendments 1-10 Amendment VIICivil matters right to jury trialAmendment VIIIExcessive bail shall not be requiredCruel and unusual punishment inflicted
42Constitution, Amendments 1-10 Amendment IXThe Constitution shall not be construed to deny or disparage other rights which are retained by the people.Amendment XPowers not delegated to the Constitution are reserved to the people.
43Constitution, Amendments 11-27 Amendment XIAs now interpreted, prevent citizens of a state from bringing their own state to federal court.Amendment XIISolidifies the Electoral CollegeDecides how to settle ties or disputesAmendment XIIIAbolishes slavery
44Constitution, Amendments 11-27 Amendment XIVPrevents states from depriving citizens privileges set forth by the constitution including life, liberty, and property without due process of law, or within its jurisdiction the equal protection of the laws.
45Constitution, Amendments 11-27 Amendment XVRight of citizens to vote no longer based on race, color or servitudeAmendment XVIClarified the right of the government to collect taxesAmendment XVIIAllowed public to vote for Senators
46Constitution, Amendments 11-27 Amendment XVIIIProhibition of liquorAmendment XIX (1920)Women’s voting rightsAmendment XXSuccession of OfficeMeetings for day of Congress
47Constitution, Amendments 11-27 Amendment XXIRepealed the 18th AmendmentAmendment XXIITerm Limit on President two elected terms in officeAmendment XXIVRepealed Poll Tax
48Constitution, Amendments 11-27 Amendment XXVSuccession upon deathFiling a vacancy of the Vice PresidentIncapacitation of President or VPAmendment XXVIEstablishes 18 as legal voting ageAmendment XXVII (1992)No pay raise can take effect until an election of Representatives has taken place.
49Concepts, Issues based on Constitution Grants of PowerDenials of PowerSeparation of PowerSharing of PowerChecks and balancesFederalismEnumerated PowersSupremacy ClauseNecessary and Proper ClauseImplied Powers