1. Chapter 3-The Constitution

2. The Road to the Constitution
1787-Congress agreed – there were major problems w/ A of C
Delegates met in Philadelphia
RI did not participate – leaders opposed a stronger central gov’t
55 men- variety of professions, many future political leaders
All white men, all had financial or political interest in success of America

3. The Road to the Constitution
Initially to revise A of C
Decided a revision was not enough
Decided to write a new constitution
All wanted to strengthen the national government
Leader of convention was George Washington
Discussions kept secret from public

4. Ideas Included in new constitution
Limited government
National government to protect fundamental rights, protect common good
Separation of powers and checks and balances
Representative to represent common good

5. Creating and Ratifying the Constitution
Two Opposing Plans
Virginia Plan, developed by James Madison
government with three branches: legislative branch, executive branch, judicial branch
legislative branch- two houses, states would be represented by population
Plan appealed to delegates from Mass., Pennsylvania, New York, and Virginia, Why?

6. Creating and Ratifying the Constitution
Two Opposing Plans
The New Jersey Plan
The small states, feared large states would dominate legislature
New Jersey Plan, legislature would only have one house and each state would get just one vote
The small states approved this plan while the large states did not- both sides were left arguing

7. Creating and Ratifying the Constitution
The Great Compromise (Connecticut Compromise)
After 6 weeks Roger Sherman of Connecticut came up with answer
His committee proposed that Congress have two houses; a Senate and House of Representatives
Each state equal representation in the Senate
House of Representatives, representation based on population
After much debate, the delegates decided to accept Sherman’s plan which historians call The Great Compromise

8. Creating and Ratifying Constitution
The Three-Fifths Compromise
Delegates did not know how to calculate slaves for purposes of representation
Southern states, wanted to count them as part of their population
Gave southern states more voting power even though slaves did not have the right to vote
Northern states opposed the idea b/c slaves could not vote or hold office so they should not be counted in the population
Solution: Three –Fifths Compromise- 5 slaves would count as 3 free persons; number used to figure representation in Congress

9. Creating and Ratifying the Constitution
Compromise over slaves and trade
Trade
North –thought Congress should be able to regulate foreign and interstate trade
South – thought Congress would tax exports (goods sold to other countries)
South sold agricultural products to other countries, would cost them $$$
Slave Trade
South worried Congress would stop slaves from coming to US
Compromise- the southern states agreed that Congress could regulate trade as long as they would not tax exports or interfere with the slave trade before 1808

10. Creating and Ratifying the Constitution
Some delegates thought that Congress should choose the president
Others believed that citizens should vote for the president
The compromise- electoral college
Voters in each state to choose the president based on popular vote with the majority giving the state’s electoral votes to a candidate

11. Creating and Ratifying the Constitution
Approval
On Sept. 17, 1787, Constitutional delegates signed the constitution
Needed ratification of 9 of 13 states to become law of the land

12. Creating and Ratifying the Constitution
Federalism- power divided between the federal government and the states
Supporters of the constitution Federalists
Opposed the Constitution -Anti-Federalists
Believed Constitution gave too much power to the national government, took too much away from states
Constitution failed to provide protection for individual liberties i.e., speech and religion
Anti-Federalists promised to adopt the Constitution if a Bill of Rights was added
June 21, 1788, New Hampshire 9th state to approve the Constitution
Last state to approve was Rhode Island(1790), made 13 independent states one nation, the U.S.A.

13. The Structure of the Constitution
The Constitution and Its Parts
Constitution has 3 main parts:
Preamble
7 Articles describe the structure of the gov’t
27 Amendments (First 10 are Bill of Rights)
The Preamble begins with “We the People of the United States do ordain and establish this Constitution for the U.S.A.”

14. Structure of the Constitution
The Preamble begins with: “We the People of the United States do ordain and establish this Constitution for the U.S.A.”
The middle part of the Preamble states 6 purposes of the government:
“To form a more perfect Union” :unite states effectively
“To establish Justice” : fair laws and courts
“To insure domestic Tranquility” : maintain peace and order
“To provide for the common defense”: to protect citizens from foreign attacks
“To promote the general Welfare”: help people live healthy and happy lives
“To secure the Blessings of Liberty to ourselves and our Posterity”: guarantee the freedom and rights of Americans

16. Structure of the Constitution
The Articles
Article I: The Legislative Branch
Congress has two houses-the Senate, House of Representatives
process of electing members for each house
Congress must have a majority of members vote yes to pass a law
powers that Congress does have such as collecting taxes, coining money, and declaring war

17. Structure of the Constitution
Article II: The Executive Branch
provides for a law-enforcing branch of gov’t with a president and vice president
explains how they are elected and the powers they have

18. Structure of the Constitution
Article III. The Judicial Branch
interprets the laws and sees that they are fairly applied
calls for The Supreme Court and lower federal courts

19. Structure of the Constitution
Article IV
states must respect each other’s laws, court decisions, and records
Article V
Gives the right for amendments to be made to the Constitution
Article VI
Declares Constitution is the “Supreme Law of the Land”
State laws and court decisions can’t conflict with federal laws
Article VII: Constitution would take effect when 9 states had ratified it

20. Structure of the Constitution
The Amendment Process: Proposal and Ratification
Thousands of Amendments have been proposed: only 27 have been accepted
The Process involves two steps: proposal and ratification
Amendment may be proposed in 2 ways
2/3 of the members of Congress
National convention requested by 2/3 of the states’ legislatures
Ratification
Once an amendment has been proposed successfully, ¾ of the states must ratify it by a vote of state legislature
All Amendments so far have been by Congressional action (except 26th)

21. Structure of the Constitution
Other than amendments, there are ways change the Constitution
Interpretation
Framers wrote a general document that leads to many interpretations
Necessary & Proper Clause
Congress to make all laws it deems “necessary and proper” (Article I)
implied powers Congress allowed to exercise powers not specifically listed in the Constitution- Americans differ on what laws are necessary and proper (Article I, Sec. 8)

22. Structure of the Constitution
Supreme Court has the final authority on Constitutional interpretations
Sometimes strict and other times loose interpretations (depends on judges)
Gov’t changes with each interpretation
Congressional & Presidential Actions can affect Constitutional interpretation
Custom allows for interpretation as well

23. Other WAYS TO Interpret the Constitution
Expressed, Reserved, and Concurrent Powers
Expressed Powers:
powers specifically granted to the national government
Reserved Powers:
powers specifically granted to the states (establishing schools, marriage and divorce rules)
Concurrent Powers:
powers that national and state gov’ts have (collecting taxes, borrowing money, and setting up courts and prisons)

24. Principles Underlying the Constitution
5 Fundamental Principles of How the Gov’t Operates
I. Federalism
Government power divided federal, state, local level
II. Popular Sovereignty
Definition: Power lies within the people
Given to citizens by the right to vote
III. The Rule of Law
government is limited by rule of law, the law applies to everyone, even those who govern

25. Principles Underlying the Constitution
IV. Separation of Powers
To protect against abuse of power by one person or group, the founding fathers divided the gov’t into 3 branches each with different functions
French philosopher Baron de Montesquieu believed this separation was the best way to protect liberty
Thomas Jefferson “I am persuaded no Constitution was ever before so well calculated as ours for… self-government”

26. Principles Underlying the Constitution
V. Checks and Balances
Keeps any one branch from becoming too powerful
Each branch is able to check, or restrain the power of the others
Examples:
President can veto laws proposed by Congress, appoint Federal judges
Congress can block presidential appointments and treaties, control spending, remove the president from office
Supreme Court can overturn laws and executive policies

28. Principles Underlying the Constitution
Supremacy of the Constitution (supremacy clause)-if state and national laws conflict, national laws win out
U.S. constitution is durable and adaptable; values democracy, individual liberty, and justice under the law