Ch. 3 The Constitution

Constitutional Convention• 1787 in Philadelphia• 55 delegates from 12 states

(absent - Rhode Island)• Purpose: Revise the

Articles of Confederation

Delegates• White businessmen• Two important qualities:

Education and Experience

Founding FathersPresentBenjamin FranklinAlexander HamiltonJames MadisonGeorge Washington (presided)

Founding FathersAbsentThomas Jefferson

Representation in Congress

Large states wanted representation based

on population.

Small states wanted equal representation

no matter the population.

Two Houses 1. One based on population – “House of Representatives” 2. One based on equal representation – “Senate”

How to count slaves in state’s population

Southern States want to count their slaves

as part of their population.

Northern States did not want to count

slaves in order to keep control of Congress.

Three-Fifths Compromise

Each slave would count as 3/5’s of other

persons.

How to elect a President

Some felt that Congress should elect

the President.

The average person does not know

enough to elect a President.

Others felt that the citizens should elect

the President.

“Electoral College”Citizens would vote for electors and the electors would elect

the President

National Government Becoming too

Powerful

Anti-Federalists afraid states would

lose power and people would lose

rights.

Federalists felt a strong national

government was the only way to survive.

Bill of Rights

ReligionAssembly

Speech Petition

Press

June 21, 1788, New

Hampshire becomes the ninth state to

ratify.

We Have a Constitution.

https://www.youtube.com/watch?v=Ceb1wkSamG4

Liberty Kids: We the People

ConstitutionStructure

PreambleArticlesAmendments

PreambleIntroduction to the Constitution

Preamble Goals“form a more perfect Union”

States operate as a single country for the benefit of all

Examples: U.S. Postal System, U.S. coins and paper money

Preamble Goals“establish Justice”

All citizens are treated fairly and equally

Examples: Court system, Jury System

Preamble Goals“insure domestic tranquility”

Keep peace among the people

Examples: National Guard, Federal Marshals on planes

Preamble Goals“provide for the common defense”

Maintain armed forces to protect the country and its citizens from attack

Examples: Army, Navy

Preamble Goals“promote the general Welfare”As much as possible, citizens

will be free of poverty, hunger, and disease

Examples: Clean air, better roads, Education

Preamble Goals“secure the Blessings of Liberty to

ourselves and our Posterity”

No American’s basic rights will be taken away now or in the future

Examples: National Council on Disability, Commission on Civil Rights

Articles1st Article

Legislative (Congress)2nd Article

Executive3rd Article

Judicial

Articles4th Article

Relationship between states and national government

5th ArticleChanging the Constitution

Articles6th Article

• General provisions about the government

•“Supremacy Clause”7th Article

The Constitution needs nine states to approve it before it goes into effect

Amendments• Changes to the Constitution

• There are 27 amendments to the present Constitution

Three Branches of Government

ExecutivePresident (Enforces laws)

LegislativeCongress (Makes laws)

JudicialCourt System (Interprets laws)

Executive•Appoints judges•Veto Legislation•Make Treaties

Legislative• Override veto• Impeach President

and Judges• Refuse to approve

treaties• Reject appointment

of judges

Judicial• Declare laws unconstitutional

• Declare acts of President unconstitutional

The Constitution’s Big Five Ideas

1.limited government2.checks and balances3.federalism4.separation of powers5.popular sovereignty

1) Limited GovernmentBelief that the government must not be permitted to do certain things

Ex. Police need a warrant to enter your home.

The government can't torture you.

The government must give you a jury trial.

2) Checks and Balances• Keeps any branch from

becoming too powerful. • Each branch can check, or

limit, the power of the others.

3) FederalismThe system in which power is shared between the states and the national (federal) government

4) Separation of PowersIdea taken from Baron

MontesquieuThree branches of Government

Executive Legislative

Judicial

5) Popular SovereigntyPeople should have

the right to rule themselves

3 Types of Powers

1) Enumerated PowersPowers given to the national government

Ex:Pass all laws necessary and proper to carry out its powers(elastic clause)

EnumeratedEx. • Conduct foreign affairs• Raise and support an army• Regulate trade

EnumeratedEx. • Coin and print money• Establish a postal system

2) ReservedPowers given to state governmentEx:• Establish local governments• Establish a public school system• Conduct elections

3) Concurrent Powers shared by state and

national governmentsEx:

•Enforce the laws•Establish courts•Collect taxes

Supremacy Clause• Constitution is the

“supreme law of the land”

• If any conflict between national and state laws, the national law wins