1. The Constitution The Nation’s First Government
The Road to the Constitution
The Structure of Our Constitution
Principles Underlying the Constitution

2. The Nation’s First Governments
Before the Declaration of Independence was signed
Second Constitutional Congress urged colonists to form state governments
1776 New Hampshire became the first colony to organize as a state
Within years every colony had a new constitution

3. Massachusetts Constitution
1780 last constitution
Three notable ways
Distributed power among the legislature, the governor’s office and the courts
The governor and the courts were given the authority to check the legislative
It was created through a special convention of delegates elected for that purpose
Model a framework government American’s Constitution

4. Confederation Government
Articles of Confederation
Our first constitution
Went into effect 1781
Unicameral legislature
One-house
Every state had one vote
Control over army
Authority to deal with foreign nations
Positive outcomes of Government
Ordinance of 1785:
Survey System
Northwest Ordinance of 1787:
Statehood for territories in west

5. Weakness of the Articles
Could not enforce laws
Could not tax
Could not regulate trade
No executive to direct policy
No courts
Congress couldn’t pass laws without 9/13 votes
Congress couldn’t change without all 13 states

6. Weaknesses led to Shays’s Rebellion
State governments had fallen deep in debt
Farmer taxed to lose land
Revolted
Government couldn’t protect their citizens safety
Rebellion caused people to realize Articles of Confederation were not working for the colonist.

7. Shays’s Rebellion
Daniel Shays
During 1786 and 1787

8. Road to the Constitution
After 10 years Articles of Confederation not working
Each state sent delegates meet in Philadelphia in 1787 to rework the Articles of Confederation
This meeting is known as Constitutional Convention
Rhode Island didn’t take part they oppose a stronger central government
Sec 2

9. The Work Begins May 25, 1787 Philadelphia’s Independence Hall
55 delegates
Well-educated
Lawyers, merchants, generals, planters, governors, physicians
Not there: Jefferson, Adams & Henry
George Washington and James Madison became presidents
Ages:
Oldest Franklin: 81
Others relatively younger (30-40)

10. Early Key Decisions: George Washington to preside
Meeting could not be held without certain number of states present
Agree each state one vote
Simple majority decide issues 7 votes would decide any issue
Keep work a secret
James Madison keep notebook
Articles was to weak and the creating of new plan of government was needed

11. Creating the Constitution
Not an easy job, but some of the most significant minds at work here to compromise and create our government

12. Two Plans for Government
Virginia Plan
Large state plan
Massachusetts
Pennsylvania
New York
Virginia
Introduced by Madison
Similar to our government today
3 branches
Executive
Judicial
Legislative: based on population in both houses
New Jersey Plan
Small state plan
Delaware
New Jersey
Maryland
Introduced by William Patterson
Government similar to Articles of Confederation
One house Congress
State equal representation and votes
Congress could set taxes and regulate trade
Power not in the Articles of Confederation

13. Compromise for Representation in Congress
Connecticut Compromise/Great Compromise
Introduced by Roger Sherman
Two house legislature
House of Representatives: based on population (larger states)
Senate: based on equality (smaller)
A compromise is a way of resolving disagreement in which both sides gives up something but gains something

14. THREE-FIFTHS COMPROMISES
North and South
South
Greater than 550,000 enslaves
Count enslaves for voting power in House of Representatives
North
Opposed the idea
Enslaves could not vote or participate in government
Enslaves should not be use as a voice in Congress

15. THREE-FIFTHS COMPROMISES
Results:
Delegates agreed that every 5 persons would count as 3 free person.
3/5 of slave population in each state would determine representation in Congress

16. Balancing View Points
The First Political Parties: Federalist & Anti-Federalist

17. Federalist For Constitution For strong central government Federalism -
(Federal System) share power between state & national governments
Federalist Papers—essays defending the Constitution
John Jay
Alexander Hamilton
James Madison

18. Anti-Federalist Against constitution
Failed to protect individual rights and state rights:
Freedom of speech and religion
Against strong central government
For state government power
Refused to sign until addition of Bill of Rights

19. is the Supreme Law of the land
The Constitution
is the Supreme Law of the land
Sec 3

20. Sections of the Constitution
Divided into 3 main parts
Preamble: introduction
Articles: body (7)
Amendments: changes (27)

21. Preamble: Introduction
Preamble Activity Handout

22. The Articles of the Constitution:
Article 1: Legislative body
Bicameral house
Senate and the House of Representative
Makes laws
Article 2: Executive body
President & his administration
Enforce laws
Article 3: Judicial body
U.S. Supreme Court only court created by constitution
Interprets the laws

23. The Articles Continued
Article 6: Supremacy clause
Federal government supreme law of the land
Article 7: Ratification of Constitution
9 state ratification conventions must vote for the Constitution to become law
SEPTEMBER 17TH, 1787 SIGNED BY DELEGATES AT CONVENTION

24. Amending the Constitution
Amendment Process
Outlined in Article V
Two step process: proposal and ratification
Proposal 2 methods:
1st- is congressional action- a vote of 2/3 of members of both houses is required
2nd- by national convention requested by 2/3 of state legislatures
Ratification – ¾ of states must ratify
1st- by a vote of either the state legislature or
2nd- special state convention
23rd Amendment only one been change by state convention

25. Interpreting the Constitution
Supreme Court –
final authority
Constitution allows the House of Representatives
To impeach or accuse federal officials
Senate
Determines guilt or innocence
25th Amendment ratified 1967
President die/vice become president
Necessary and Proper Clause
Article I – give power to Congress
“to make laws”
Allows Congress to exercise powers not listed in the Constitution `– implied powers
Licensing TV stations to regulating air pollution

26. Principles Underlying the Constitution Section 4
There are five (5) fundamental principles or themes throughout the Constitution created in 1787.

27. Those Foundation Principles
Popular Sovereignty
Rule of Law
Separation of Powers
Checks and Balances
Federalism

28. Popular Sovereignty
Power of government lies with the people through voting
Right to rule (sovereignty)
Declaration of Independence:
says government should draw their power
Consent of the governed
Same as Constitution says
“we the people” (consent of the governed)
Election of government officials by the people:
15, 19, 23 and 26 amendment grants power to vote

29. Rule of Law
Government needs to be strong but not too strong as to take rights away from the people
Power is limited by the constitution
Powers granted to government Article 1 Section
Limited powers to government Article 1 Section 9
Bill of rights: limits power
Law applies to everyone: nobody is above the law

30. Limited Government
British ideal established unlimited government like:
Magna Carta and English Bill of Rights
Under the Constitution:
Government can do only what the people allow it to do by law

31. Separation of Powers
Ideal created by Enlightenment Philosopher: Montesquieu
Protect against abuse of power by any branch by dividing power between the 3 branches of government and giving each a specific power
Legislative branch: law making
Executive branch: enforcing law
Judicial branch: interpreting the law

32. Checks & Balances Activity
In order to prevent anyone branch from becoming too powerful the framers created a way for each branch to check the other branches power
Chart page 88
_____________ impeaches the President
_____________ vetoes legislation created by Congress
_____________ appoints the Judges & federal Justices at the federal level
_____________ declares acts/laws unconstitutional

33. The Principle of Federalism
Limits our government by dividing the power between the state and federal (national) government
It grants each level specific powers (chart page 89)
Expressed/enumerated: federal/national powers (war)
Reserved: states powers (schools)
Concurrent: both state and national have the power (taxes)
But the federal government is supreme because of supremacy clause found in the constitution in Article 6 “supreme law of the land”