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Chapter 3.1 The Road to the Constitution
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Constitution ► Nation’s most important document ► Written in 1787
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Road to the Constitution ► May 25, 1787- Constitutional Convention ► 55 men met in Philadelphia, PA 2 became presidents 7 Had been Governor of their states 8 signed The Declaration of Independence 19 became Senators 13 became Representatives 4 became federal judges 4 became Supreme Court justices The oldest delegate was Benjamin Franklin of PA, he was 81
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Road to the Constitution ► George Washington presided over the convention ► His first action was to appoint a committee to set rules for the convention
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Operating Procedures ► Meetings could not be held unless delegates from 7 states were present ► Decisions were to be made by majorities, with each state having only one vote
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Operating Procedures ► Meetings were kept private ► Delegates were to revise the Articles of Confederation ► Delegates soon realized the Articles needed to be discarded
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Need for a New Constitution ► The delegates sought to create a new plan for government ► Thus, the meeting came to be known as the Constitutional Convention
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Chapter 3.2 Creating and Ratifying the Constitution
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Two Opposing Plans ► Virginia Plan- designed by James Madison and the Virginia delegates
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Virginia Plan ► Called for 3 branches of government Legislative branch- lawmakers ► Divided into 2 houses Representation based on population Executive branch- carried out laws Judicial branch- system of courts to interpret laws
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Virginia Plan ► Appealed to larger states, but feared by smaller states
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New Jersey Plan ► Designed by William Paterson of NJ
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New Jersey Plan ► Called for 3 branches of government Legislative, executive, and judicial Legislature- made of only 1 house with each state getting 1 vote
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New Jersey Plan ► Smaller states approved this plan, however, larger states did not.
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Compromises ► Roger Sherman led a committee that proposed the Great Compromise. It proposed that Congress would be divided into 2 houses- a Senate and House of Representatives House representation would be based on population Each state would have equal representation in the Senate
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Compromises ► At the time of the Constitutional Convention, more than 550,000 African American were enslaved. ► South wanted to count slaves as part of the population, the north did not
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Compromises ► Three-Fifths Compromise- every 5 enslaved people would count as 3 free people Used to figure representation in House and in figuring taxes
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Compromises ► Northern states- congress should be able to regulate foreign commerce and trade between the states
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Compromises ► Southern states- feared Congress would use this power to tax exports This would hurt the southern economy because it depended heavily on exports of tobacco and rice
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Compromises ► As a result, southern states agreed that Congress could regulate trade between the states and other countries. ► Northern states agreed not to tax exports and not to interfere with slave trade before 1808.
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The President ► Some delegates thought Congress should choose the President, others believed all of the people should decide. ► Electoral College- group of people named by each state to select the president
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The President ► All people from each state would vote. ► Each state was given a certain number of Electoral votes based off of its population. ► Which ever candidate won the majority of votes from that state would receive all of that states Electoral votes! ► This is referred to a “Winner Take All System”
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Electoral Votes by State
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Approving the Constitution ► On September 17, 1787, delegates at the Constitutional Convention met for the last time. ► Delegates decided that when 9 of 13 states had ratified it, the Constitution would become supreme law of the land.
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Divided Public ► Americans reacted to the Constitution in different ways ► One group called themselves the Federalists
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Federalists ► They chose this name to emphasize that the Constitution would create a system of federalism ► Federalism- form of government in which power is divided between national and state governments
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Reaching Agreement ► June 21, 1788, New Hampshire became the 9 th state to ratify the Constitution ► Rhode Island was the last to do so in 1790
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Anti-federalists ► Anti-federalists opposed the Constitution ► They felt it gave too much power to the national government and took too much away from the states
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United States ► The 13 independent states were now one nation, the United States of America.
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Chapter 3.3 The Structure of the Constitution
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Constitution ► Highest authority in the nation ► Basic law of the U.S. ► Gives all branches of government their powers
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Constitution ► 3 main parts Preamble- introduction that states the goals and purposes of the government 7 articles- describe the structure of the government 27 amendments- additions or changes to the Constitution
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Preamble ► 6 purposes of the government (p.61)
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Preamble ► 1-“form a more perfect Union” Unite the states so they can operate as a single nation.
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Preamble ► 2- “establish justice” Create fair laws for equal treatment of citizens
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Preamble ► 3- “insure domestic tranquility” Maintain peace and order
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Preamble ► 4- “provide for the common defense” Ready militarily to protect the country
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Preamble ► 5- “promote the general welfare” Help people live happy, healthy lives
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Preamble ► 6- “secure the blessings of liberty to ourselves and our posterity” Freedom and basic rights to all Americans, including future generations
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The Articles ► The 7 articles that follow the Preamble explain how the government is to work.
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Article I ► The Legislative Branch Congress is made of two houses ► Senate ► House of Representatives
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Article II ► Executive Branch Law enforcing branch of government headed by the president and vice-president
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Article III ► Judicial Branch Interprets laws and sees that they are fairly applied
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Article IV ► IV-States All states must respect each other’s laws Explains the process for creating new states
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Article V-VI ► V- specified how amendments are to be made ► VI- declares that the Constitution is the “Supreme law of the land.” Federal law is more powerful than state law
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Article VII ► The Constitution would take effect when 9 states ratified it
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Amending the Constitution ► Since 1787, it has been amended 27 times ► The first 10 amendments, known as the Bill of Rights, were added in 1791.
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Amendment Process ► The framers purposefully made the Constitution difficult to amend ► Article V outlines the 2 steps for amending
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Amendment Process ► 2 steps 1- proposal 2- ratification
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Amendment Process ► Proposal- 2 methods 1- 2/3 vote by both houses of Congress 2- national convention requested by 2/3 of the state legislatures
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Amendment Process ► Ratification Once an amendment has been proposed, ¾ of the states must ratify it
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Interpreting the Constitution ► Article I- The Necessary and Proper Clause allows Congress “to make all laws which shall be necessary and proper” ► Implied powers
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Interpreting the Constitution ► Supreme Court has the final authority on interpreting the Constitution ► Presidential interpretation Foreign policy & requesting congressional legislation
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Chapter 3.4 Principles Underlying the Constitution
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► 5 fundamental principles Popular sovereignty Rule of law Separation of powers Checks and balances Federalism
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Popular Sovereignty ► Popular sovereignty- power that lies with the people ► The Constitution echoes this idea “We the people”
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Rule of Law ► Rule of law Law applies to everyone, even those who govern
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Separation of Powers ► Separation of powers Split of authority among the legislative, judicial, and executive branches of government
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Checks and Balances ► Each branch is able to check, or restrain, the power of others
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Federalism ► Power is shared by national and state governments ► Expressed powers- granted to the national government ► Reserved powers- powers that the Constitution does not give the national government, which are kept by the states ► Concurrent powers- powers both levels of government can exercise
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