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Forming a more Perfect Union. Creating a Constitution The Constitutional Convention of 1787 was called to revise the Articles of Confederation. The Constitutional.

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Presentation on theme: "Forming a more Perfect Union. Creating a Constitution The Constitutional Convention of 1787 was called to revise the Articles of Confederation. The Constitutional."— Presentation transcript:

1 Forming a more Perfect Union

2 Creating a Constitution The Constitutional Convention of 1787 was called to revise the Articles of Confederation. 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. This revision led to the eventual abandonment of the Articles and created a new constitutional framework.

3 Revision Attempts Charles Pinckney of S.C. proposed that Congress revise the Articles of Confederation. Charles 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. 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. Instead of tinkering with old Articles, a Constitutional Convention was called to re-write a new Constitution.

4 Constitutional Convention Held in Philadelphia Held in Philadelphia Intent of the Convention Intent of the Convention Economic – protect property rights and make America safe from democracy Economic – protect property rights and make America safe from democracy Idealistic – make a perfect union Idealistic – make a perfect union Pragmatic – dealing with the question of sovereignty. Placing common interests over regional or personal concerns. Pragmatic – dealing with the question of sovereignty. Placing common interests over regional or personal concerns.

5 Constitutional Convention Participants – 55 delegates from 12 states Participants – 55 delegates from 12 states Young (average age 42), professional (1/2 were lawyers), men of economic substance Young (average age 42), professional (1/2 were lawyers), men of economic substance Revolutionary War veterans Revolutionary War veterans Absent: Thomas Jefferson, Patrick Henry Absent: Thomas Jefferson, Patrick Henry

6 Constitutional Convention Key participants Key participants Washington – president of the convention Washington – president of the convention Madison – researched every previous republic Madison – researched every previous republic Large public is not only possible but preferred Large public is not only possible but preferred Popularly elected officials with sovereignty in the hands of the people, not the governments. Popularly elected officials with sovereignty in the hands of the people, not the governments.

7 The Compromises Virginia Plan/ Large States Plan Virginia Plan/ Large States Plan 2 house legislature with representation based on population for both 2 house legislature with representation based on population for both President and courts chosen by legislature President and courts chosen by legislature Favor larger states over smaller states Favor larger states over smaller states

8 The Compromises New Jersey Plan New Jersey Plan Congress with each state having 1 vote Congress with each state having 1 vote Separate executive and judicial branches Separate executive and judicial branches Increased powers of Congress Increased powers of Congress Equal power sharing between small states and large states Equal power sharing between small states and large states

9 The Compromises The Great Compromise The Great Compromise Lower house membership dependent on population Lower house membership dependent on population Upper house with two members from each state Upper house with two members from each state All revenue (tax) bills must begin in lower house All revenue (tax) bills must begin in lower house This provision still holds true! This provision still holds true!

10 The Compromises Three-Fifths Compromise Three-Fifths Compromise 60% of slaves counted for representation and taxation 60% of slaves counted for representation and taxation No congressional interference with slavery for 20 years No congressional interference with slavery for 20 years Non-slave states wanted slaves counted for taxation, but not representation and wanted an end to importation of slaves Non-slave states wanted slaves counted for taxation, but not representation and wanted an end to importation of slaves Slave states wanted slaves counted for representation but not taxation, plus no interference with slave trade by federal government Slave states wanted slaves counted for representation but not taxation, plus no interference with slave trade by federal government

11 The Compromises Commerce Compromise (no tax on exports, simple majority needed to pass commerce bills) Commerce 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 Congress Cotton and tobacco producing states wanted restriction of taxes on exports and all commerce bills to be passed by a two-thirds vote of Congress Northern industrial states wanted federal tariffs to keep up out cheaper European products and raise revenues for the government Northern industrial states wanted federal tariffs to keep up out cheaper European products and raise revenues for the government

12 Ratification Because of fear of opposition from states, only 9 of the 13 were needed for the Constitution to take effect. Because 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. Because of opposition from state legislatures, conventions elected by the people were given authority to approve or reject the Constitution.

13 Ratification Federalists vs. Anti-Federalists Federalists vs. Anti-Federalists Most federalists were wealthy and well- educated and sought the creation of a more powerful central government Most federalists were wealthy and well- educated and sought the creation of a more powerful central government Most anti-federalists were farmers who were loyal primarily to their state governments Most anti-federalists were farmers who were loyal primarily to their state governments Feared taxation power of federal government Feared taxation power of federal government Republican government could not rule a large nation Republican government could not rule a large nation

14 Ratification Federalist Papers (Hamilton, Madison, Jay) were most influential political literature of the time Federalist Papers (Hamilton, Madison, Jay) were most influential political literature of the time Argued that limitations on governmental power were built into the Constitution Argued that limitations on governmental power were built into the Constitution Need for strength to earn respect abroad Need for strength to earn respect abroad

15 Ratification Promise of a Bill of Rights added to the Constitution helped persuade opponents to ratify it. Promise of a Bill of Rights added to the Constitution helped persuade opponents to ratify it.

16 Goals of the Framers To 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 To 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

17 Goals of the Framers To 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 To 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

18 Goals of the Framers To establish a government that would not threaten liberty – an objective sought through an elaborate system of checks and balances To establish a government that would not threaten liberty – an objective sought through an elaborate system of checks and balances To establish a government based on popular sovereignty – an objective sought through provisions for the direct and indirect election of public officials. To establish a government based on popular sovereignty – an objective sought through provisions for the direct and indirect election of public officials.

19 Constitution - Framework Framework of Constitutions consists of: Framework of Constitutions consists of: Preamble Preamble Articles (7) Articles (7) Amendments (27) Amendments (27)

20 Constitution, 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.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.

21 Constitution, Article I Legislative Branch Section 1 All legislative powers vested in a Congress, which shall include a House and Senate All legislative powers vested in a Congress, which shall include a House and Senate Section 2 Membership of House Membership of House Election Cycle: Every 2 years by the people Election Cycle: Every 2 years by the people Age: 25 years Age: 25 years Citizenship: 7 years, Citizenship: 7 years, Allocation: based by population Allocation: based by population

22 Constitution, Article I Section 3: Senate Membership: 2 from each state Membership: 2 from each state Election cycle: 6 years, 1/3 up for election every 2 years. Election cycle: 6 years, 1/3 up for election every 2 years. Age: 30 years Age: 30 years Citizenship: 9 years Citizenship: 9 years Provide for senate leadership Provide for senate leadership Try all impeachments 2/3 majority for convictions Try all impeachments 2/3 majority for convictions

23 Constitution, Article I Section 4 Time, place, manner for elections left up to states Time, place, manner for elections left up to states Section 5 Sets up procedures for meetings, attendance of members, adjournment Sets up procedures for meetings, attendance of members, adjournment

24 Constitution, Article I Section 7 Bills of Revenue originate in the House Bills of Revenue originate in the House Process for Bills to become law Process for Bills to become law Section 8: Specific Powers of Congress Lay and collect taxes Lay and collect taxes Provide for common Defense, General Welfare Provide for common Defense, General Welfare Borrow money Borrow money

25 Constitution, Article I Regulate commerce with Foreign Nations Regulate commerce with Foreign Nations Coin money Coin money Confirm Presidential appointments (Senate) Confirm Presidential appointments (Senate) Establish Post Offices Establish Post Offices Declare War Declare War Raise and Support Armies Raise and Support Armies Maintain Navy Maintain Navy All laws necessary and proper All laws necessary and proper

26 Constitution, Article I Section 9 Limits on Congresss taxing power Limits on Congresss taxing power Section 10 Prevents states from entering into powers vested to the Congress like treaties, or impose duties on imports. Prevents states from entering into powers vested to the Congress like treaties, or impose duties on imports.

27 Constitution, Article II Section 1: Executive power vested in a President. Establishes electoral college Establishes electoral college Establishes 4 Year term for President Establishes 4 Year term for President Age: 35 Age: 35 Citizenship: Natural Born Citizenship: Natural Born Succession: Vice President Succession: Vice President

28 Constitution, Article II Section 2 Establishes President as Commander in Chief of Army and Navy Establishes President as Commander in Chief of Army and Navy Power to make treaties with consent of the Senate Power to make treaties with consent of the Senate Power to fill vacancies during recess of the Senate. Power to fill vacancies during recess of the Senate.

29 Constitution, Article II Section 3 Give to the Congress information on the State of the Union Give to the Congress information on the State of the Union Section 4 Power to be impeached by Congress Power to be impeached by Congress

30 Constitution, Article III Section 1 Judicial power shall be vested in one supreme court and lower courts which Congress deems necessary Judicial power shall be vested in one supreme court and lower courts which Congress deems necessary Section 2 Trial by jury, sets jurisdiction for particular cases Trial by jury, sets jurisdiction for particular cases

31 Constitution, Article III Section 3 Treason provision Treason 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. 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.

32 Constitution, Article IV Section 1 Full Faith and Credit Clause Full Faith and Credit Clause Section 2 Citizens of each state shall be entitled to all privileges and immunities of Citizens in another state Citizens of each state shall be entitled to all privileges and immunities of Citizens in another state Extradition clause Extradition clause

33 Constitution, Article IV Admission of new states into the union Admission of new states into the union Section 4 Guarantee to every state a Republican form of government. Guarantee to every state a Republican form of government.

34 Constitution, Article V The Congress may when necessary propose amendments to the Constitution The Congress may when necessary propose amendments to the Constitution Ratification ¾ of the states Ratification ¾ of the states

35 Constitution, Article VI All debts entered into before Adoption of the Constitution are valid. 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. All members of government shall be bound to this constitution by Oath or Affirmation.

36 Constitution, Article VII Ratification of this constitution shall be considered by 9 of the 13 states. Ratification of this constitution shall be considered by 9 of the 13 states. 12 of 13 states signed the constitution 12 of 13 states signed the constitution Rhode Island was the last state to ratify the constitution and only after the bill of rights had been written...making it unanimous. Rhode Island was the last state to ratify the constitution and only after the bill of rights had been written...making it unanimous.

37 Constitution, Amendments 1-10 Amendment 1: Amendment 1: Free exercise of religion, press, speech Free exercise of religion, press, speech Right to peaceably assemble Right to peaceably assemble Right to Petition Government for a redress of grievances Right to Petition Government for a redress of grievances

38 Constitution, Amendments 1-10 Amendment II Right to bear Arms shall not be infringed Right to bear Arms shall not be infringed Amendment III No soldier shall be quartered in time of peace, without consent of the owner No soldier shall be quartered in time of peace, without consent of the owner

39 Constitution, Amendments 1-10 Amendment IV Reasonable search and seizures Reasonable search and seizures Warrants upon probable cause Warrants upon probable cause Amendment V Indictment by Grand Jury Indictment by Grand Jury Double jeopardy Double jeopardy Witness against himself Witness against himself Due process of law Due process of law Just compensation for property Just compensation for property

40 Constitution, Amendments 1-10 Amendment VI Right to speedy trial by an impartial jury Right to speedy trial by an impartial jury Right to know cause and accusation Right to know cause and accusation Right to be confronted by witnesses and have witnesses to support Right to be confronted by witnesses and have witnesses to support Right to have Assistance of Counsel for defense Right to have Assistance of Counsel for defense

41 Constitution, Amendments 1-10 Amendment VII Civil matters right to jury trial Civil matters right to jury trial Amendment VIII Excessive bail shall not be required Excessive bail shall not be required Cruel and unusual punishment inflicted Cruel and unusual punishment inflicted

42 Constitution, Amendments 1-10 Amendment IX The Constitution shall not be construed to deny or disparage other rights which are retained by the people. The Constitution shall not be construed to deny or disparage other rights which are retained by the people. Amendment X Powers not delegated to the Constitution are reserved to the people. Powers not delegated to the Constitution are reserved to the people.

43 Constitution, Amendments Amendment XI As now interpreted, prevent citizens of a state from bringing their own state to federal court. Amendment XII Solidifies the Electoral College Solidifies the Electoral College Decides how to settle ties or disputes Decides how to settle ties or disputes Amendment XIII Abolishes slavery Abolishes slavery

44 Constitution, Amendments Amendment XIV Prevents 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. Prevents 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.

45 Constitution, Amendments Amendment XV Right of citizens to vote no longer based on race, color or servitude Right of citizens to vote no longer based on race, color or servitude Amendment XVI Clarified the right of the government to collect taxes Amendment XVII Allowed public to vote for Senators Allowed public to vote for Senators

46 Constitution, Amendments Amendment XVIII Prohibition of liquor Prohibition of liquor Amendment XIX (1920) Womens voting rights Womens voting rights Amendment XX Succession of Office Succession of Office Meetings for day of Congress Meetings for day of Congress

47 Constitution, Amendments Amendment XXI Repealed the 18 th Amendment Repealed the 18 th Amendment Amendment XXII Term Limit on President two elected terms in office Term Limit on President two elected terms in office Amendment XXIV Repealed Poll Tax Repealed Poll Tax

48 Constitution, Amendments Amendment XXV Succession upon death Succession upon death Filing a vacancy of the Vice President Filing a vacancy of the Vice President Incapacitation of President or VP Incapacitation of President or VP Amendment XXVI Establishes 18 as legal voting age Establishes 18 as legal voting age Amendment XXVII (1992) No pay raise can take effect until an election of Representatives has taken place. No pay raise can take effect until an election of Representatives has taken place.

49 Concepts, Issues based on Constitution Grants of Power Grants of Power Denials of Power Denials of Power Separation of Power Separation of Power Sharing of Power Sharing of Power Checks and balances Checks and balances Federalism Federalism Enumerated Powers Enumerated Powers Supremacy Clause Supremacy Clause Necessary and Proper Clause Necessary and Proper Clause Implied Powers Implied Powers


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