Creating and
Ratifying the
Constitution
7th Grade Civics
Ms. Pretlow
Operating
Procedures
Delegates met in
Philadelphia to revise the
Articles but soon realized
the Articles needed to be
discarded.
Delegates sought to create a new
plan for government, thus the
meeting came to be known as the
Constitutional Convention.
Two Opposing
Plans
James Madison was the first
to arrive at the Convention
and propose a plan for
government.
Called for a strong national government that could make and
enforce laws and collect taxes.
The Virginia Plan
Established a federal system of government
Federal system: when power is divided between a central
authority and its subparts
Called for 3 branches of
government:
1. Legislative branch - makes
laws
2. Executive branch - enforces
laws
3. Judicial branch - interprets
laws
Legislature under the
Virginia Plan
Bicameral
Representation based on state population
Lower house: elected by popular vote (majority rule)
Upper house: state legislatures nominate, then lower
house confirms nominations
Larger states favored the Virginia Plan, feared by
smaller states.
Why??
The New Jersey
Plan
Proposed by William
Paterson
Called for 3 branches of
government - judicial,
executive, and legislative
Legislature under the
New Jersey Plan
Unicameral - one house with each state getting one vote
Representatives elected by state legislature
Protected the interests of smaller states
Why did larger states oppose this plan of government?
What would a compromise between the two plans look
like?
Legislature under the
Great Compromise
Proposed by Roger Sherman
Bicameral legislature
Upper house: all states get equal representation (2
Senators), chosen by state legislatures
Lower house: representation based on state population,
chosen by popular vote within state
The Great Compromise
passed by a one-vote
margin.
This event saved the
Constitutional
Convention, which likely
would have not resulted
in a Union.
Other Compromises of the
Constitutional Convention
Commerce Compromise
Northerners wanted the government to
regulate trade by imposing tariffs (taxes).
Southerners disagreed because they were
dependent on foreign trade.
The Commerce Compromise said the
government will tax imports from other nations
but would not tax exports.
Slave Trade Compromise
Northern abolitionists wanted to close
the Slave Trade and stop the sale of
slaves.
Southerners believed that institutional
slavery was at the center of their
economy.
The Slave Trade Compromise was an
agreement to wait until 1808 to stop
importation.
Another Debate
Once it was decided that
representation in the
House of Representatives
would be based on
population, the next big
debate began.
Should slaves be counted
as population?
Northern States Plan
Representation should be based on the non-slave
population only.
Reasoning:
Only five states practiced slavery as a major institution
States that practiced slavery should be punished
Southern States Plan
Representation should be based on total population, whether
the citizen was a slave or free person.
Reasoning:
The Slave Trade would continue to thrive
Slaves were considered “chattel”, like children
Opposing view:
Slaves cannot vote, therefore should not be represented
Three-Fifths
Compromise
Proposed by Roger
Sherman and James
Wilson (PA).
Slaves would be counted
as represented
population.
Every 5 slaves (ages 12 50) would be counted as
3 free citizens.
Results
Over time, the 3/5ths Compromise did not work as the South
intended.
Statistical representation of southern states:
1790: 45 percent
1820: 42 percent
Election of the President
The delegates considered several methods of selecting a president.
Eventually, settled on the Electoral College.
Each state would get a certain number of votes - for the number of
members in Congress.
Electors would be chosen by state senates, then electors cast 2 votes for
president.
“Winner Takes All”
Electoral Map Today
The Structure of
the Constitution
Structure of Government
Separation of powers: the act of vesting the legislative,
judicial, and executive powers into separate bodies of
government.
System of checks and balances: used to ensure no
branch would control too much power
Article I
Legislative Branch: creates laws
Congress has two houses:
1. Senate
2. House of Representatives
Implied powers: allows
Congress “to make all laws
which shall be necessary and
proper”.
Checks and
Balances
The Legislative Branch:
Approves federal judges
(Judicial)
Can override vetoes with ⅔
vote (Executive)
Has impeachment power
(Executive)
Regulates the budget
(Executive)
Article II
Executive Branch: enforces
laws
Has three sectors:
1. President
2. Executive & Cabinet
departments
3. Independent
government agencies
Checks and
Balances
The Executive Branch has
the power to:
Pardon (Judicial)
Appoint judges (Judicial)
Veto bills (Legislative)
Article III
The Judicial Branch interprets
laws
Comprised of 3 courts:
1. Supreme Court
2. Courts of Appeals
3. District Courts
Checks and
Balances
The Judicial Branch can:
Declare executive orders
unconstitutional (Executive)
Declare laws
unconstitutional
(Legislative)
Open your book to the Constitution.
What article, section, and paragraph in the
Constitution prevents Congress from taxing
exports?
Article I, Section 9, Paragraph 5
What article, section, and paragraph in the
Constitution allows Congress to borrow
money?
Article 1, Section 8, Paragraph 2
Which article, section, and paragraph
allows heads of departments to appoint
officers?
Article II, Section 2, Paragraph 2
In your opinion, which branch of government is
the most powerful? Explain how that branch of
government exercises that power.
(One paragraph)
Article IV: States
All states can create their own
laws (reserved powers) and
must respect each others laws.
Explains process of creating
new states.
Amendment
Process
and Ratification
Article V:
Amendment Process
Two steps for amending:
1. Proposal
2. Ratification
Proposal methods:
⅔ vote by both houses of Congress
National convention requested by ⅔ of the state legislatures
Ratification process: ¾ of the states must ratify amendment
Amending the
Constitution
Since 1787, the Constitution
has been amended 27 times.
The first ten
amendmendments, known as
the Bill of Rights, were added in
1791.
Article VI and VII
Article VI: Declares the Constitution is the “Supreme law
of the land”.
● Federal law is more powerful than state law.
Article VII: Said the Constitution would take effect when
9 states ratified it.