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 The Constitutional Convention (May-Sept. 1787)  Purpose: Meeting to fix the Articles of Confederation  How Conducted: 12 States represented (55 delegates)

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Presentation on theme: " The Constitutional Convention (May-Sept. 1787)  Purpose: Meeting to fix the Articles of Confederation  How Conducted: 12 States represented (55 delegates)"— Presentation transcript:

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2  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)

3  After short debate, delegates agree to scrap the AOC  “The Father of the Constitution”  Primary writer

4 1. Representation 2. Slavery 3. Executive Branch 4. Trade 5. Checks and Balances/Separation of Powers

5 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

6  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)

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8 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?

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12  Would we have a president?  How do we pick the president? Executive Branch *Electoral College – our method for electing a president

13  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!

14  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

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16  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

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18  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

19 INTRODUCTION UU.S. Constitution divides powers among three branches ““Separation of Powers” WWWWhy was this done?

20 SEPARATION OF POWERS  Limits government powers  Prevents any one branch from having too much power

21  Legislative Branch  Executive Branch  Judicial Branch  What does each branch do?

22 Legislative Branch – makes the nation’s laws Executive Branch – carries out the laws Judicial Branch – interprets the laws

23 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

24  Article 1 of the Constitution  Congress – law-making branch  Two houses  Senate  House of Representatives

25  Article 2 of the Constitution  Executes, or carries out, nation’s laws  President, Vice President, appointees & advisors

26  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

27  Each branch has its own powers  Yet, no branch can become too powerful  How does the Constitution balance the powers?

28 Each branch has powers to check, or limit, the powers of the other 2 branches

29  Congress has power to make laws  President has power to veto, or turn down, proposed laws  President can check power of Congress

30  Congress can override, or pass a law over President’s veto  2/3 majority vote in both houses needed

31  Supreme Court can check the powers of Congress and the President  Interprets laws  Determines if laws are constitutional


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