The Constitutional Convention
The Constitutional
Convention begins
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1787 - Philadelphia
Delegates from all the
states invited to a
convention to improve
the Articles of
Confederation, which
were not working
Only RI didn’t attend
55 Delegates
attended
Leaders of the Convention
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George Washington was asked to
preside (lead) over the convention.
James Madison kept notes of the
discussions and is often called “The
Father of the Constitution.”
The men who wrote the Constitution are
called the “Founding Fathers.”
All the participants in the Convention
were wealthy, white, males.
The Founding Fathers
Issues that divided the
Nation’s leaders
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The power of the federal government. Would the
states or the federal government have the most
power?
Representation in Congress (How many
members on Congress would each state get? –
small states wanted equal representation, large
states wanted it to be determined by population
of the states
Slavery – How would slaves be counted? Would
the slave trade continue?
Sovereignty
WHO HAS SOVEREIGNTY IN
THE UNITED STATES OF AMERICA?
 Sovereignty
means
authority to
rule
WE THE PEOPLE
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In the USA, the
people rule, the
people have
sovereignty.
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Americans bow
to NO ONE!
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Preamble
We the people of the
United States, in order to
form a more perfect union,
establish justice, insure
domestic tranquility,
provide for the
common defense,
promote the general
welfare, and secure
the blessings of
liberty to ourselves
and our posterity,
do ordain and
establish this
Constitution for the
United States of
America.
FEDERALISM
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Power in the
government is
shared between
the National
(Federal)
government AND
the state
Governments.
FEDERALISM
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There are some
things only the
National (Federal)
Government can do.
These are called
Delegated OR
Enumerated powers
and are found in
Article 1, section 8.
FEDERALISM
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Some things only the
states can do– these
powers are
RESERVED to the
states.
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You have to guess
what they are.
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The powers not
delegated to the
United States by the
Constitution, nor
prohibited by it to the
States, are reserved
to the States
respectively, or to the
people.
Amendment 10
FEDERALISM
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Concurrent Powers
(Concurrent means
existing together)
Both state and
national governments
Is the Defense of
Marriage Act 1996
(National government
banning homosexual
marriage) against the
10th Amendment?
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CHECKS AND BALANCES
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The Founding Fathers
were afraid of direct
democracy.
They wanted to divide
power up.
They got ideas from
the Baron de
Montesquieu.
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If men were angels,
no government would
be necessary
Federalist Paper 51
James Madison
LEGISLATIVE BRANCH
CONGRESS
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What can Congress
do?
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Look in Article 1,
section 7, clause 1 &
Article I section 8
Who can stop Congress?
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President
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May VETO
Article I section 7
clause 2
Congress may
OVERRIDE
president’s veto.
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Supreme Court—
Today may find laws
unconstitutional
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Not in Constitution!
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Case Marbury vs
Madison 1803
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WHO is in Congress?
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House of
Representatives
25 years old,
citizen for 7 years,
resident of district,
serves two years
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Senate
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30 years old,
citizen for 9 years,
resident of state
serves six years
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How is the number of people
in House Representatives
decided?
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By population
determined by
CENSUS every
10 years
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435 people only
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HOW A BILL BECOMES A
LAW
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MUST BE PASSED
IN BOTH HOUSE
AND SENATE
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President signs—
Or Vetoes
Congress can
override veto.
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Why have both a House and
Senate? (bicameral=two rooms)
The Virginia Plan
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Representation in the legislative branch based
on population of state
Large states like the plan, small states don’t.
New Jersey Plan
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Legislature - has one house.
Each state gets one vote.
Small states like the plan, the large states
hate it.
There would have to be a compromise.
The Great Compromise
(Connecticut)
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Legislature would have two houses
(parts): House of Representatives and
a Senate
House - based on the population of
state
Senate - two senators per each state
Enslaved Persons
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3/5 Compromise
- Made each
slave worth 3/5
of a vote in
deciding
numbers in
House of
Representatives
THE PRESIDENT
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Must be 35 years old
Must be “natural born”
Must have lived in the
USA for the last 14
years
The President’s Job
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Look in Article II
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Why after Congress?
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Checked by Congress
The President’s Job
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Chief Executive–
appoint officials, carry
out laws
Chief Diplomat
Commander in Chief
of the Armed Forces
Head of State –
Represents USA
Duties not in Constitution
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Head of Political Party (Not in constitution)
Guardian of the Economy (not in
Constitution)
Recommends laws to Congress but can
not begin bills or take any direct action –
may veto
Electoral College
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NOT a College!
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Madison was afraid
that democracy would
elect a dictator.
Electors could stop
that.
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Each state gets as
many votes as in
Congress. 2 plus--
535 electors
To win need 270
Electoral College
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Winner-take-all
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These presidents won
the Electoral vote but
LOST the popular
vote!
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John Quincy Adams
1824
Rutherford B Hayes
1876
Benjamin Harrison
1888
George W. Bush
2000
IMPEACHMENT
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Presidents
impeached but
acquitted.
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Andrew Johnson
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Bill Clinton
Impeach means
indicted – charged
with a crime—NOT
removed from office.
For a President–
House of
Representatives
impeaches
Senate tries the case
Ratification of the Constitution
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After months of drafting (writing) the
Constitution
It was time to RATIFY it as well.
Ratify means approve, O.K.
Argument– the framers (writers, Founding
Fathers) split into two groups.
Anti-Federalists– NO to
Constitution
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Afraid of central
government
Afraid of executive
branch.
Wanted a Bill of
Rights
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George Mason
declared he would
"rather chop off my
right hand than put it
to the Constitution as
it now stands."
Federalists -- YES
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Wanted a stronger
central government
than the Articles of
Confederation
Argued their case,
and explained
Constitution in The
Federalist Papers
(written by Alexander
Hamilton and James
Madison)
Constitution Day
 17
September
1783
 Constitution
was signed
 21June
1788
 Constitution
ratified, after
states argued
and voted
First President Inaugurated
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30 April 1789
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George Washington
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New York City
Bill of Rights
first 10 Amendments
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Written by James Madison
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15 December 1791 ratified
Amendment I
Congress shall make no law respecting an
establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people
peaceably to assemble, and to petition the
Government for a redress of grievances.
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