The Constitution

Why Change?

Led by Federalists Articles of

Confederation weak nation would collapse

Weaknesses of Articles› Lack of economic

control (no taxation or tariff control)

› Debtors not having to pay creditors

› Social unrest (Shays’s Rebellion)

Feared economic collapse

How to change?

Congress agreed to new convention in Philadelphia (May 1787)

55 delegates from 12 states (Rhode Island refused)

Who were delegates?

How to change?

TASK› Revise Articles of

Confederation Choice made to

› SCRAP Articles› Done behind closed doors› Elect George Washington

as presiding officer

Virginia Plan

Drafted by James Madison, submitted by Edmund Randolph

Replace state supremacy with federal supremacy

National government “of the people”

Favored heavily populated (big) states› Bicameral Legislature

Lower Chamber Elected by Voters Upper Chamber Elected by Lower

Chamber

Powerful Chief Executive (chosen by legislature)

Federal Judiciary (chosen by legislature)

Strengths and Weaknesses of the

Virginia Plan?Who would like this plan? Who wouldn’t

like this plan?

The New Jersey Plan

Submitted by William Patterson

Known as “Small State” Plan› Unicameral

Legislature› Each state gets one

vote, (like Articles)

Strengths and Weaknesses of the New

Jersey Plan?Who would like this plan? Who wouldn’t

like this plan?

Great Compromise

Submitted by Roger Sherman of Connecticut

Upper house › two per state› Chosen by state

legislatures Lower house

› Based on population› Elected by people

Strengths and Weaknesses of the Connecticut Plan?

Who would like this plan? Who wouldn’t like this plan?

State vs. Federal compromises

States are happy because . . .› Representation determined every ten years

(census)› Executive Chosen by “Electoral College”› No national voting qualifications

Federalists are happy because . . .› Judiciary Appointed by Executive and

Approved by Upper Chamber› Supreme Court determines lower courts

North vs. South compromises

Slavery dominant issue North happy because . . .

› Greater population› Upon ratification slave importation

becomes illegal in 20 years South happy because . . .

› Fugitive slaves have to be returned› “other persons” count “3/5 a person”

(representation and taxing)

Process to Ratify

Unanimous vote of states (Articles) Changed to 2/3 (9 of 13) Ratifications at state conventions How would it be different?

› “supreme law of the land”› Power to tax, national defense,

commerce, national debt› States can’t print money

The Constitution Preamble

› We the People . . . Article I – The Legislature

› Establishes House of Representatives (with qualifications)

› Establishes Senate (with qualifications)› Money matters must begin in House› How a bill becomes a law› Impeachment

The Constitution Article I – The Legislature

› Section 8 – Powers of Congress Collect taxes Defense Borrow money Regulate commerce (international and domestic) Coin money Post offices Trademarks/inventions Tribunals Crimes on the high seas Declare war Raise an army and navy Call up state militias Set up new seat of government/have authority over it Pass necessary laws to do the above

The Constitution Article I – The Legislature

› Section 9 limits what legislative branch can do

› Section 10: states can’t do anything that is granted to legislative branch (section 8)

The Constitution Article II – The Executive Branch

› Sets qualifications for president and electoral college› Four year term› Congress chooses day for electors to vote› Filling vacancies› Presidential powers

Commander in chief Pardons Set treaties and appointments (with Senate approval) State of the Union Make recommendations to Congress Call Congress into emergency session Execute the laws created by Congress Reasons for impeachment

The Constitution Article III – The Judicial Branch

› Sets Supreme Court and lower courts› Cases they will hear› Jurisdiction they have› Jurisdiction they don’t have (treason)

The Constitution Article IV – Equality of states and making new states Article V – Amendment process

› 2/3 of House and Senate must support it› OR› 2/3 of states must call national convention (never done)› THEN› 3/4 of state legislatures must pass (26 times)› OR› 3/4 of state conventions must pass (once – 21st)

Article VI – Relations between states and federal government› Assumption of debts› “Supreme law of the land”

Article VII – Ratification process

Who is opposed? The anti-Federalists!

Too much power for central government

Feared bad aspects of British rule Took power away from states Anti-Federalists tended to be

› Farmers› Lower economic classes› Those who feared tyrannical central

power

Federalist vs. Anti-FederalistStrongholds at the End of the War

The Federalist Papers

85 essays John Jay James Madison Alexander

Hamilton Federalist# 10

The Federalist Papers

Federalist# 10 Written by Madison

› People afraid country too large for republic

› Would lead to tyranny› Madison argued

Big republic is good Diverse interests leads to

growth of republic Diverse interests keeps one

faction from gaining too much power

Ratification Conventions› MUCH more diverse than Constitutional

convention› Back country tended to be Anti-Federalist› Coastal areas tended to be Federalist

Ratification Conventions

By June 1788, nine had ratified

New York and Virginia hadn’t

Led to addition of Bill of Rights

Bill of Rights

Amendment I Freedom of

› Religion› Speech› Press› Right of people peaceably to assemble› Petition government for redress of

grievances Amendment II Need for well regulated militia Right to bear arms Amendment III Cannot quarter soldiers in private

residences

Amendment IV Right to be protected against unreasonable

searches and seizures› Must have warrant › Must have probable cause› Describe place to be searched› Describe persons or things to be seized

Amendment V If accused of crime

› Unless military tribunal No double jeopardy Do not have to testify against yourself Can’t be deprived of life, liberty, or property,

without due process of law Can’t have private property taken for public

use, without just compensation

• Amendment VI• Right to speedy and public trial• Right to jury • Right to trial in state and district where crime

was committed• Right to be informed of accusation• Right to know witnesses against• Right to obtain witnesses in favor• Right to have counsel for defense

• Amendment VII• In a civil suit of over $20, the right to trial by

jury exists

• Amendment VIII• No excessive bail • No excessive fines imposed• No cruel and unusual punishment• Amendment IX• Rights aren’t limited to what’s listed in Constitution

• Amendment X• Any rights not denied by Constitution belong to states and people

• How are these a reflection of British treatment?

Ratification

American Government – Take Two Congress met in 1789 Electors chose George

Washington President, John Adams Vice-President

New York City temporary capital

Setting up the government – Washington’s Cabinet Secretary of State – Thomas

Jefferson

Secretary of Treasury – Alexander Hamilton

Secretary of War – Henry Knox

Setting up the government – The Courts

Judiciary Act of 1789› Allowed for district

courts (one per state)› Allowed Supreme Court

to hear appeals from state courts

› John Jay first Chief Justice

James Madison“Father of the Constitution”