1. The Constitution: Creation, Principles & Articles

2. The Philadelphia Convention May 25,1787 – Majority of States needed to carry out business – Each State receives one vote – Majority carries Articles failing – Birth of the Constitution George Washington (President of the Convention) James Madison Benjamin Franklin Alexander Hamilton George Mason

3. Virginia Plan Madison 3 branches Bicameral Congress – Population or Money House of Representatives elected Senate chosen by House (from list provided by state legislatures) National Government (all former powers) – Veto State laws which conflict with national – Force state compliance – Could veto legislation but could be overturned – Congress appoints national executive and judiciary – Congress exclusive right to admit states

4. New Jersey Plan William Paterson Unicameral Congress – Equal representation Old congressional powers and… – Tax – Regulate trade between states Plural executive – Chosen by Congress Single supreme judiciary

5. Connecticut Compromise Great Compromise Bicameral Congress – Senate – Equal – House of Reps – Population

6. 3/5ths, Commerce and Slave Trade Compromises 3/5ths – For Representation Free Persons and “3/5ths of all other persons” Used in representation AND tax formulas Commerce and Slave Trade – Why? Regulate foreign and interstate trade – Compromise: Congress cannot tax export of goods from any state Cannot act on slave trade for at least 20 years

7. What Now? 9 states must ratify September 28, 1787 – Sent to States June 21, 1788 – Ratified by 9 states – Virginia, New York, North Carolina, Rhode Island left Federalist Papers – Hamilton, John Jay, Madison All under “Publius” Capital - New York (temporarily)

8. Popular Sovereignty Power resides in the people. The people are the only source for any and all governmental power.

9. Limited Government No government is all powerful (“rule of law”). A government may only do the things that the people have granted it the power to do.

10. Separation of Powers Division of power into three branches – Legislature – Executive – Judiciary

11. Checks & Balances Each branch is checked by the other branches: – President appoints judges and can veto legislation. – Congress can impeach judges & Executive and approve appointments & treaties. – Judiciary can declare the constitutionality of laws and actions.

12. Judicial Review Courts have the power to declare whether or not laws and actions of Congress and the actions of the President fall in line with the terms of the Constitution. – Marbury v. Madison

13. Federalism Division of power between federal and state governments. Allow for states to make decisions on state matters. 10th Amendment.

14. Articles of the Constitution

15. Article I: The Legislature Sets terms, qualifications and election procedures for the House & Senate. Establishes rules for elections. Establishes the guidelines for law-making. Outlines powers granted to Congress and those denied Congress & states. Elastic Clause (Article I, Section 8:18 Article 1, Section 9: Decision on slavery.

16. Article II: The Executive Sets terms, qualifications and regulations for the Presidency and Vice-Presidency. Outlines powers & duties of the President Explains Impeachment process Details the method of election (Electoral college)

17. Article III: The Judiciary Established the national judiciary. Provides for the creation of a Supreme Court and lower court system. States that the Supreme Court has both original & appellate jurisdiction. Defines “treason” and states burden of proof and punishments.

18. Article IV: State Relations Outlines relationship between states. Full Faith & Credit Clause: concerns laws, records and court decisions from other states. Process for admission of new states. Assurance of a republican government for all states.

19. Article V: Amending Process Process for changes made to the Constitution (27). Amending Process: – 2/3 Approval by Congress or national convention for proposal. – 3/4 approval by state conventions or legislatures for ratification.

20. Article VI: National Supremacy National Supremacy clause. Repayment of all debts incurred by the government under the Articles of Confederation.

21. Article VII: Ratification Would go into effect when 9 of 13 states approved the Constitution. Process took 9 months to complete ratification.