Key Players
Key Players
George Washington –
unanimously chosen to preside over the meetings.
Benjamin Franklin – now 81 years old.
Key Players
Gouverneur Morris – wrote the final draft.
James Madison – often called the “Father of the Constitution” because he was the author of the basic plan of government that the Convention adopted.
Organization
&
Agreements
Organization
&
Agreements
Each state would have one vote on all questions.
A simple majority of the states present would make the decisions.
No meetings unless delegates from 7 of the 13 states were present.
Keep the public and the press out.
Abandon the former government and begin again.
Organization
&
Agreements
Keep the ideas of limited and representative government.
Divide the national governments powers between Executive, Legislative and Judicial branches.
Limit the states power to coin money or interfere with creditors’ rights.
STRENGTHEN the national government.
The Virginia
Plan
The Virginia
Plan
 Drafted by James Madison, introduced at the convention by Edmund Randolph.
 Three basic principles: The Virginia
Plan
A strong national legislature with two chambers, the lower one to be chosen by the people and the upper to be chosen by the lower. A strong national executive to be chosen by the national legislature. A national judiciary to be appointed by the legislature.
The New
Jersey Plan
The New
Jersey Plan
Called for a unicameral legislature, with each state having one vote.
The New
Jersey Plan
Congress would have the power to levy taxes and regulate trade.
A weak executive consisting of more than one person elected by Congress.
A national judiciary with limited power appointed by the executive.
The
Connecticut
Compromise
The
Connecticut
Compromise
 To resolve the question of representation, a special committee led by Roger Sherman of Connecticut designed a compromise.
The
Connecticut
Compromise
 The plan called for a legislative branch with two parts: a House of Representatives, with state representation based upon population. a Senate, with two members from each state. State legislatures would elect the senators.
The ThreeFifths
Compromise
The ThreeFifths
Compromise
 This compromise came about to settle the disagreement over how to determine representation in the House.
The ThreeFifths
Compromise
 Southern states wanted slaves to count towards representation but not taxation.
 The Northern states wanted slaves to count towards taxation but not representation.
 The compromise states that three‐fifths of the enslaved people were to be counted towards representation and taxation.
Commerce
and Slave
Trade
Compromise
Commerce
and Slave
Trade
Compromise
Commerce
and Slave
Trade
Compromise
 Northern states wanted the government to have complete power over trade with other nations.
 Southern states feared that business interests in the North might have enough votes in Congress to set up trade agreements that would hurt them. They also feared the North would interfere in the slave trade.
 The delegates determined that Congress could not ban slave trade until 1808 and they gave Congress the power to regulate both interstate and foreign commerce.
AntiFederalists &
Federalists
Debate over ratification divided the people in the states.
AntiFederalists &
Federalists
The Federalists favored ratification of the Constitution and were led by many of the Founders.
The Anti‐Federalists opposed the new Constitution.
AntiFederalists
AntiFederalists
AntiFederalists
Criticized the Constitution for having been drafted in secrecy.
Claimed that it was extralegal since the convention was authorized to revise the old Articles.
It took important powers from the states.
Strongest argument was the lack of a Bill of Rights. They felt that without it a strong national government might take away the human rights won in the Revolution.
Federalists
Federalists
Argued that without a strong national government, anarchy would triumph.
Federalists
They believed that a bill of rights was not needed since eight states already had such bills in their state constitutions.
To gain the necessary support, they promised to add a Bill of Rights as the first order of business under the new government.
Ratification
Ratification
On September 17, 1787, thirty‐nine delegates signed the Constitution.
Ratification
For it to become law, 9 of the 13 states had to ratify it.
It went into effect on June 21, 1788, when New Hampshire became the ninth state to ratify.
Rhode Island was the last to ratify on May 29, 1790.
First
Government
First
Government
First
Government
 The new government began with New York City as the temporary capital.
 George Washington was elected president and John Adams vice president.
 The voter elected Congress met for the first time on March 4, 1789.
 The first order of business was 12 amendments proposed by James Madison
 10 were ratified in 1791
 These became known as the “Bill of Rights.”
Preamble
Preamble
Preamble
 An introduction that states why the Constitution was written.
Article I
Article I
 Establishes the Legislative Branch.
Article II
Article II
 Creates the Executive Branch.
Article III
Article III
 Sets up the Judicial Branch.
Article IV
Article IV
 Explains the relationship of the states to each other and to the national government.
Article V
Article V
 Tells how to amend the Constitution.
Article VI
Article VI
 Establishes the Constitution as “the supreme law of the land.”
Article VII
Article VII
 Addresses ratification of the Constitution.
Popular
Sovereignty
Popular
Sovereignty
Popular
Sovereignty
 People are the source of government power.
Federalism
Federalism
 Government power is divided between the national and state governments.
Separation of
Powers
Separation of
Powers
Separation of
Powers
 Each of the three branches of government has its own responsibilities.
Checks and
Balances
Checks and
Balances
Checks and
Balances
 Each branch of government holds some control over the other two branches.
Judicial
Review
Judicial
Review
Judicial
Review
 Courts have the power to declare laws and actions of Congress and the president unconstitutional.
Limited
Government
Limited
Government
Limited
Government
 The Constitution limits the powers of government by making explicit grants of authority.
The Federal
System
The Federal
System
The Federal
System
The Constitution divided the government authority by giving the national government specified powers, reserving all other powers to the states or to the people.
The Constitution grants three types of powers to the national government, known as delegated powers.
Implied
powers
 Those not specifically listed but come from and depend upon the expressed powers.
Implied
powers
 The basis for the implied powers comes from the “elastic clause” also known as the “necessary and proper clause” which is found in Article I, section 8, clause 18.  The elastic clause states that Congress shall have the power “to make all laws necessary and proper for carrying into execution the foregoing powers…”
Inherent
Powers
Inherent
Powers
 Are those powers that the government has simply because it is the government.
Reserved
Powers
Reserved
Powers
 Are powers that belong strictly to the states or the people that are not delegated to the national government nor prohibited them by the Constitution.
 To keep the states or the people from over stepping their powers the Founders included the supremacy clause.
The
Supremacy
Clause
The
Supremacy
Clause
The
Supremacy
Clause
“This Constitution, and the laws of the United States…shall be the supreme law of the land…” Thus no state law or state constitution may conflict in any way with national law, and states are not permitted to use their reserved powers to interfere with the Constitution.
Concurrent
Powers
Concurrent
Powers
 Are those that both the national and state governments have, however each exercise these powers independently.
Denied
Powers
Denied
Powers
 Those powers that the Constitution specifically denies to any and all levels of government.
Guarantees
to the States
 The Constitution obliges the national government to do three things for the states.
Guarantees
to the States
 Guarantee each state a republican form of government.
 Protection from invasion and domestic violence.
 Respect each states territorial integrity.
Admission of
new States
Congress has the power to admit new states with two restrictions.
Admission of
new States
No state may be made by taking territory from one or more states without consent of the states involved.
Acts of admission are subject to presidential veto.
Procedure
for
admission
Procedure
for
admission
First Congress issues an enabling act, when signed by the president, enables the people of the territory to prepare a constitution.
The constitution must be approved by popular vote of the people in the area, then submitted to Congress.
Congress then passes an act of admission.
 Congress or the president may set conditions for admission.
Procedure
for
admission
 Once admitted to the Union, each state is equal to every other state.
 All states in the Union are bound to uphold the Constitution.