1. Ch. 3 The Road to the Constitution

2. A Distinguished Gathering
After years of living under the Articles of Confederation, (which were flawed in various ways) it was time to switch from a loose confederation of states to a strong, unified national government
Each state was asked to send delegates to a convention in Philadelphia, PA

3. A Distinguished Gathering
Only Rhode Island refused to send delegates, because it strongly opposed a stronger central government.
The Convention began on May 25, 1787
The delegates were extraordinary men with a vast array of background

4. A Distinguished Gathering
Most of the 55 men were well-educated and experienced in politics, law, business, military, and medicine.
- 41 were part of the Continental Congress
- 8 had signed the Declaration of Independence
- 2 would become President of the United States
- 19 would become U.S. Senators
- 13 would become U.S. House of Reps.
- 4 would become Federal judges
- 4 would become Supreme Court justices
- 7 would become Governor of their states

5. A Distinguished Gathering
Of these distinguished men, not one was a
- Native American
- African American
- woman
Benjamin Franklin, delegate from PA, was the oldest delegate present at the age of 81.

6. A Distinguished Gathering
A few notable people were not in attendance at the Convention:
- Thomas Jefferson (Paris) and John Adams (London) were representatives of the American government in Europe
- Patrick Henry, elected as a delegate from VA,
refused to attend because he was against the
convention.

7. A Distinguished Gathering
One of the first key decisions that was made early was to unanimously select George Washington to preside over the convention.
Washington was chosen to make sure the meetings ran in a orderly, efficient manner

8. A Distinguished Gathering
Washington chose a committee to set rules for conducting the convention:
Any decisions would be made by majority vote:
- each state having one vote, no matter how many delegates represented that state.
- a simple majority would be sufficient ( 7 votes would decide an issue)

9. A Distinguished Gathering
All work done by the delegates at the convention would be kept secret:
- this made it possible for the delegates
to speak freely
- public not allowed to attend; doors
guarded, windows kept tightly shut
- no outsiders were allowed to know what
was going on.

10. A Distinguished Gathering
No formal records were kept
- most of what is known of the
convention comes from a personal
notebook from James Madison
Once discussions began, it was quickly decided that just changing the Articles of Confederation was not enough.
Too weak to deal with the challenges of a newly formed nation.

11. A Distinguished Gathering
A new plan had to be drafted from the ground up and this meeting would come to be known as the Constitutional Convention

12. Creating the Constitution
Roger Sherman was determined to come up with a framework of government that all states could accept.
May 29, 1787, shortly after the convention began, James Madison and delegates from Virginia designed a plan for government called the Virginia Plan

13. The Virginia Plan The Virginia Plan called for a government with:
- 3 branches of government: legislative branch (makes laws), executive branch (enforces laws), and judicial branch (interprets laws)
- legislature would be bicameral
- states represented by basis of population

14. The Virginia Plan
This plan appealed to large states such as Massachusetts, New York, Virginia, and Pennsylvania.
Large states would have more votes than smaller states
Small states feared a government dominated by large states would ignore their interests

15. The New Jersey Plan
After two weeks, William Patterson came up with an alternative plan called the New Jersey Plan
Also called for a government with:
- 3 branches of government: legislative, executive, and judicial
- legislature would be unicameral; each state gets one vote
- equal representation and power to both large and small states

16. The New Jersey Plan Each state gets one vote in the legislature
The same as it was in the Articles of Confederation
States such as Delaware, New Jersey, and Maryland liked this plan; more power to the smaller states

17. The Great Compromise
After six weeks of negotiations, Roger Sherman, delegate from Connecticut, came up with a plan of his own.
The Connecticut Compromise or Great Compromise took parts of both plans and created a plan that both sides could live with

18. The Great Compromise This plan consisted of:
- 3 branches of government
- legislature would be bicameral
- states would have equal representation in the Senate (small states)
- In the House, representation would be based on population of the state (large states)

20. Roger Sherman
Sherman’s greatest contribution--and the best known--was the “Connecticut Compromise” he proposed at the Constitutional Convention: by proposing that Congress have two branches, one with proportional, one with equal representation, he satisfied both the small and the large States, providing a solution to one of the most stubborn problems of the Convention.

21. Three-Fifths Compromise
The Great Compromise settled the structure of Congress, but there was question still about how you calculate population for representation
Southern states wanted to count enslaved African Americans as part of their population in determining representation in the House of Representatives
If this were allowed to occur, the Southern states would increase their voting power in the House. The Northern states did not have as many slaves so naturally they opposed this plan.

22. Three-Fifths Compromise
In the Three- fifths compromise, delegates agreed that every five enslaved persons would count as three free persons for determining congressional representation.

23. Other Compromises
Northern states wanted Congress to be able to regulate foreign trade and trade between the states.
Southern states feared this would lead to taxation of exports
Also feared that the slave trade would be tampered with.

24. Other Compromises
Southern plantations depended on the labor of slaves; Congress would stop slave traders
Eventually agreed to let Congress regulate trade on two conditions:
- Congress could not tax exports
- would not interfere with slave trade before 1808.

25. Other Compromises
Delegates disagreed on whether Congress or the voters should choose the President of the United States
The solution was the Electoral College, a group of people named by each state legislature to select the President and Vice President
Today, the voters in each state, not the legislators, choose electors

27. Approving the Constitution
The last gathering in Philadelphia took place Sept. 17, 1787.
Ideas had to be put on paper and be signed for the U.S. Constitution to be the law of the land.
Ratification, or approval required at least 9 of 13 states to vote yes.

29. Approving the Constitution
Americans reacted to the proposed Constitution in different ways.
Supporters of the Constitution called themselves Federalists to emphasize that the Constitution would create a system of federalism, a form of government in which power is divided between the federal government and the states
Argued for a strong, central government

30. Approving the Constitution
Federalists wanted to remind Americans of the flaws in the Articles of Confederation.
In a series of essays known as The Federalist, Alexander Hamilton, James Madison, and John Jay argued that the U.S. could not survive without a strong central government.
Madison argued in The Federalist, No. 10, that a large republic would better guard against “factions” or special interests than smaller republics or individual states

31. Approving the Constitution
Opponents of the Constitution, the Anti-Federalists, wanted more power for the states and less for the national government.
Also wanted a bill of rights to protect the people’s individual freedoms that were gained during the Revolutionary War

32. Approving the Constitution
Both sides agreed that a bill of rights was necessary.
Federalists promised that if the new Constitution was adopted, the new government would add a bill of rights to it.
The promise turned the tide, The Constitution took effect on June 21, 1788, when New Hampshire became the ninth state to ratify it.
Rhode Island, the last state to sign 1790
States are United

33. The Structure of the Constitution
The main purpose of the U.S. Constitution is to provide a framework for government, but it is also the highest authority in the nation
The powers of all the branches come from it
It has three main parts: the Preamble, Articles, and the Amendments

34. Preamble The Preamble states the goals and purposes of the government
The first part makes clear that government gets its powers from the people and exists to serve them.
The Preamble states six purposes

36. Preamble “To form a more perfect Union” “To establish Justice”
“To ensure domestic Tranquility”
“To provide for the common defense”
“To promote the general Welfare”
“To secure the Blessings of Liberty to ourselves and our Posterity”

37. Articles
The seven Articles (I – VII) in the Constitution explain how government is to work.
The first 3 articles describe the powers and responsibilities of the three branches of government.

38. Articles
Article I
describes the legislative branch as 2 houses with law making authority
It describes how members will be chosen
lists specific powers that they do and do not have

39. Articles
Article II
establishes the executive branch, headed by a president and vice president
explains how these leaders will be elected and can be removed
describes their powers and duties

40. Articles
Article III
establishes the judicial branch to interpret and apply the laws
calls for Supreme Court and lower courts
describes the powers of federal courts; lists the cases they have jurisdiction over

41. Articles
Article IV
explains how states must respect one another’s laws or court decisions.
explains the process of creating new states

42. Articles Article V specifies how the Constitution will be amended
as the world changes, people knew that laws would have to be changed as well.

43. Articles
Article VI
Declares that the Constitution is the “supreme Law of the Land”
states how if federal law and state law conflict with one another, federal law will always prevail over state law

44. Articles
Article VII
states that the Constitution would take effect when nine states ratify it.

45. Amending the Constitution
Any change to the U.S. Constitution is called an amendment.
Since 1787, the Constitution has only been changed 27 times.
The first ten amendments are known as the Bill of Rights

46. Amending the Constitution
It has only been changed 27 times because the founding fathers wanted to make sure that Constitution could not be altered without overwhelming support of the people.
Changing even one small detail could have dramatic effects throughout the government.
It is a very delicate, balanced document

47. Amending the Constitution
Sometimes though amendments have to be made for the good of the country
Ex. 15th Amendment, 16th Amendment, 19th Amendment
Very important for the running of our country

48. Amending the Constitution
The amendment process actually involves two steps: proposal and ratification
Most commonly an amendment is proposed by 2/3 of both houses of Congress (Senate and House of Rep.)
Ratified or approved by 3/4 of 50 state legislatures

49. Amending the Constitution
Proposal
2/3 of both houses of Congress
Ratification
3/4 of 50 state legislatures
MOST COMMON
Proposal
by National Convention called by 2/3 of 50 state legislatures
Ratification
3/4 of ratifying state conventions held in 50 states
Only done once (21st amendment)

50. Interpreting the Constitution
The founders knew that the world would change in ways they could not predict
This is why the Constitution was made as a general document and open to interpretation.

51. Interpreting the Constitution
Article I, section 8, clause 18 gives Congress the power to “make all Laws which shall be necessary and proper” to carry out its duties
This “necessary and proper” clause allows Congress to exercise implied powers not specifically listed in the Constitution

52. Interpreting the Constitution
Americans disagree on what laws are “necessary and proper”
People with loose interpretation believe Congress should be allowed to make laws not specifically forbidden by the Constitution
People with strict interpretation believe Congress can only make the kinds of laws mentioned by the Constitution

53. Interpreting the Constitution
The Supreme Court has the final authority on interpreting the Constitution
Any new interpretation, whether strict or loose, changes our government

54. Interpreting the Constitution
Actions by the Legislature and the President have also caused new interpretations of the U.S. Constitution
Ex. William Henry Harrison---25th Amendment
Customs have also changed the interpretation of the Constitution
Ex. political parties

55. Principles Underlying the Constitution
The framers had a common vision for government: It should be representative of the people and limited in scope
Power should be divided among different levels; not in a single authority

56. Principles Underlying the Constitution
To achieve these ends, the framers embraced 5 principles as the backbone of the Constitution:
Popular sovereignty
Rule of law
Separation of powers
Checks and balances
federalism

57. Popular Sovereignty popular = the population or public
Sovereignty = the right to rule
Article IV guarantees a republic, in which supreme power belongs to the people.
The people express their will through elected representatives
Provisions such as the right to vote, ensure popular sovereignty

58. Rule of Law
The framers believed that government should be strong but not too strong
The Constitution sets limitations by stating what government may and may not do.
Government is also limited by rule of law, which means that the law applies to everyone even those who govern; no one can escape the laws reach

59. Separation of Powers
To keep any one person or group from becoming too powerful, the framers divided government into three branches with different functions
They were influenced by an enlightenment philosopher from France, Baron de Montesquieu
He agreed that the best way to protect liberty was through the separation of the functions of government
This split of authority among the legislative, executive, and judicial branches is called separation of powers

60. Checks and Balances
Checks and Balances keep any one branch from becoming too powerful.
Each branch can check or restrain the power of the others
The president can veto laws
Congress can block presidential appointments
Supreme Court can overturn laws if they are contrary to the Constitution

62. Federalism
Under Federalism, power is shared by the national government and the states.
Americans must obey the laws of both
In setting up a federal system, the writers of the Constitution divided the powers of government into 3 types…

63. Enumerated Powers
Enumerated powers, or expressed powers are powers the Constitution specifically grants to the national government
Ex. Raise and support an army
Coin and print money

64. Reserved Powers
Powers not given to the national government and kept by the states are reserved powers
ex. Establish public school system
conduct elections

65. Concurrent Powers
Powers that both levels of government can exercise are called concurrent powers
Ex. Establish courts
collect taxes

67. Federalism
When national and state laws conflict, the Constitution is the final authority.
Article VI Constitution “shall be the supreme law of the land”
Neither national or state governments may act in violation of it.

68. Federalism The U.S. Constitution is both durable and adaptable.
It provides the government sufficient power to keep order, protect, and defend, yet sets limits to avoid tyranny.