The Constitutional Convention (May-Sept. 1787) Purpose: Meeting to fix the Articles of Confederation How Conducted: 12 States represented (55 delegates) Rhode Island refused Leader: George Washington elected president of the convention Ben Franklin, Alexander Hamilton, James Madison all present (no Jefferson or Adams)
After short debate, delegates agree to scrap the AOC “The Father of the Constitution” Primary writer
1. Representation 2. Slavery 3. Executive Branch 4. Trade 5. Checks and Balances/Separation of Powers
1. Representation *Virginia Plan – Representation based on population *Bicameral -- 2 house legislative branch * “Big State Plan” – unfair to small states * New Jersey Plan – Equal representation * Unicameral – 1 house legislative branch * “Small State Plan” – unfair to large population states
The “Connecticut” Compromise, written by Roger Sherman of Connecticut Structure: Bicameral legislature (2 houses) One house based on population (House of Reps) One house based on equal representation (Senate)
2. Slavery *3/5 Compromise – of every 5 slaves, three counted toward population What would the free states have wanted? What would the slave states have wanted?
Would we have a president? How do we pick the president? Executive Branch *Electoral College – our method for electing a president
9/13 states must ratify to pass DE, NJ, GA, CT 1 st to adopt PA 1 st Large State MA, MD, SC, NH June 21, 1788 – Constitution is officially adopted *NY, VA, RI, NC adopt because they have no choice!
1 st 2 political parties Federalists – supported the new Constitution Alexander Hamilton, James Madison, John Jay Write Essays under penname Publius (Federalist Papers) Argue for the new constitution Anti-Federalists – wanted more protections for individual rights (AKA Democrat-Republicans) Patrick Henry, Samuel Adams, Richard Henry Lee Write papers known as the Anti-Federalist Papers Argue for individual rights
1. RAPPS Freedom of Religion, Assembly, Press, Petition, Speech 2. Right to Bear Arms 3. No Quartering of Soldiers 4. No illegal Search and Seizure 5. No Double Jeopardy, Self Incrimination, Eminent Domain, etc… 6. Speedy Public Trial, Lawyer 7. Trial by Jury 8. No Cruel/Unusual Punishment or Excessive Bail or Fines 9. Constitution is not a limited document 10. Reserved Powers
Montesquieu: “Spirit of the Laws” Believed that there are 3 types of gov’t: Republic (democratic or aristocratic), Monarchy, and Despotism (dictator) That is order to have the best gov’t, power should be separated within gov’t
INTRODUCTION UU.S. Constitution divides powers among three branches ““Separation of Powers” WWWWhy was this done?
SEPARATION OF POWERS Limits government powers Prevents any one branch from having too much power
Legislative Branch Executive Branch Judicial Branch What does each branch do?
Legislative Branch – makes the nation’s laws Executive Branch – carries out the laws Judicial Branch – interprets the laws
3 Branches of Government Executive Branch Legislative Branch Judicial Branch Congress President & Vice President Supreme Court Advisors & Appointees Senate House of Representatives Federal Court System
Article 1 of the Constitution Congress – law-making branch Two houses Senate House of Representatives
Article 2 of the Constitution Executes, or carries out, nation’s laws President, Vice President, appointees & advisors
Article 3 of the Constitution U.S. Supreme Court & federal court system 1. Interprets laws 2. Punishes law-breakers 3. Determines if laws are constitutional
Each branch has its own powers Yet, no branch can become too powerful How does the Constitution balance the powers?
Each branch has powers to check, or limit, the powers of the other 2 branches
Congress has power to make laws President has power to veto, or turn down, proposed laws President can check power of Congress
Congress can override, or pass a law over President’s veto 2/3 majority vote in both houses needed
Supreme Court can check the powers of Congress and the President Interprets laws Determines if laws are constitutional