Political Negotiation “Great Compromise” –Upper house  2 delegates from each state –Lower house  based on population Federal Judicial System –States had own courts and feared losing this power –Convention left creation of system up to new national legislature Voting was not restricted to just property owners Upper house chosen by state legislatures President elected by an electoral college States and their legislatures had some power + the people had more direct power = acceptance of reduction of state sovereignty?

Compromises cont. Slavery –3/5 Compromise –Slave trade would exist for at least 20 years Separation of Powers –Federalism States and national government –Branches of government Legislative Executive Judicial Electoral College Constitutional Convention adjourned on 9/17/1787 -Constitution now had to be ratified by voters

Ratification Process to ratify the new Constitution  Article VII

Ratification of the Constitution Conducted in special conventions  nine states and it would go into effect vs. United States vs. States United *Federalist Papers written by Madison, Hamilton, and Jay –8–85 essays to gain support for republican political doctrine Ex. Explained “checks and balances”, benefits of large republic *Bill of Rights promised to be added later –M–MA, NY, VA Met 9 state requirement in 1788

Controversy Over the Constitution When the Constitution was printed in the newspapers people were shocked –Delegates created a NEW constitution Framers set up procedure they thought gave the Constitution the best chance to be ratified Voters choose delegates State convention voted on Constitution 9 states needed to pass for Constitution to replace Articles Bypassed state legislatures

Opposing Sides Supporters of the Constitution Liked balance of power between states and national gov’t –Separation of power would protect against tyranny Opposed the new Constitution –Lack of protection for individual rights

Opposing Sides cont. Both sides tried to gain popular support Letter from the Federal Farmer –Rights that needed more protection Speech, press, religion, trial by jury, searches, etc. The Federalist (Papers) –85 essays defending the Constitution – in NY

Bill of Rights – Key to Ratification Federalists promised to add a bill of rights if the Constitution was ratified

The Constitution Objectives  Preamble Form a more perfect union – – – – – Longevity –Not anticipating major revisions We We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Article I = Legislative Branch Significance of enumerated powers? –Specificity eliminates confusion over what can or cannot be done ??

Article I = Legislative Branch Powers –Collect taxes –Pay debts –Provide for the common welfare –Borrow money –Regulate commerce among the states  interstate –Regulate commerce with foreign countries –Establish uniform laws dealing with immigration and naturalization –Coin money –Punish counterfeiting –Establish post offices –Make copyright laws –Establish federal courts (in addition to SCOTUS) –Define and punish piracy –Declare war –Raise and support an army and navy –Create a national guard Powers –Denial of the writ of habeas corpus –Passage of bills of attainder –Passage of ex post facto laws –Cannot tax exports –Grant titles of nobility To make all Laws which shall be for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Congress