Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most...

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Chapter 3.1 Chapter 3.1 The Road to the The Road to the Constitution Constitution

Transcript of Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most...

Page 1: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

Chapter 3.1Chapter 3.1

The Road to the The Road to the ConstitutionConstitution

Page 2: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

ConstitutionConstitution

►Nation’s most important documentNation’s most important document►Written in 1787Written in 1787

Page 3: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

Road to the ConstitutionRoad to the Constitution►May 25, 1787- Constitutional May 25, 1787- Constitutional

ConventionConvention►55 men met in Philadelphia, PA55 men met in Philadelphia, PA

2 became presidents2 became presidents 7 Had been Governor of their states7 Had been Governor of their states 8 signed The Declaration of Independence8 signed The Declaration of Independence 19 became Senators19 became Senators 13 became Representatives13 became Representatives 4 became federal judges4 became federal judges 4 became Supreme Court justices4 became Supreme Court justices The oldest delegate was Benjamin Franklin of PA, The oldest delegate was Benjamin Franklin of PA,

he was 81he was 81

Page 4: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

Road to the ConstitutionRoad to the Constitution►George George

Washington Washington presided over presided over the conventionthe convention

►His first action His first action was to appoint a was to appoint a committee to committee to set rules for the set rules for the conventionconvention

Page 5: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

Operating ProceduresOperating Procedures

►Meetings could not be held Meetings could not be held unless delegates from 7 states unless delegates from 7 states were presentwere present

►Decisions were to be made by Decisions were to be made by majorities, with each state majorities, with each state having only one votehaving only one vote

Page 6: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

Operating ProceduresOperating Procedures

►Meetings were kept privateMeetings were kept private►Delegates were to revise the Delegates were to revise the

Articles of ConfederationArticles of Confederation►Delegates soon realized the Delegates soon realized the

Articles needed to be Articles needed to be discardeddiscarded

Page 7: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

Need for a New ConstitutionNeed for a New Constitution

►The delegates sought to create a The delegates sought to create a new plan for governmentnew plan for government

►Thus, the meeting came to be Thus, the meeting came to be known as the Constitutional known as the Constitutional ConventionConvention

Page 8: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

Chapter 3.2Chapter 3.2

Creating and Ratifying Creating and Ratifying the Constitutionthe Constitution

Page 9: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

Two Opposing PlansTwo Opposing Plans

►Virginia Plan- Virginia Plan- designed by designed by James Madison James Madison and the and the Virginia Virginia delegatesdelegates

Page 10: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

Virginia PlanVirginia Plan►Called for 3 branches of governmentCalled for 3 branches of government

Legislative branch- lawmakersLegislative branch- lawmakers►Divided into 2 housesDivided into 2 houses

Representation based on Representation based on populationpopulation

Executive branch- carried out lawsExecutive branch- carried out laws Judicial branch- system of courts to Judicial branch- system of courts to

interpret lawsinterpret laws

Page 11: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

Virginia PlanVirginia Plan

►Appealed to larger states, but Appealed to larger states, but feared by smaller statesfeared by smaller states

Page 12: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

New Jersey PlanNew Jersey Plan

►Designed by William Paterson of NJDesigned by William Paterson of NJ

Page 13: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

New Jersey PlanNew Jersey Plan

►Called for 3 branches of Called for 3 branches of governmentgovernmentLegislative, executive, and Legislative, executive, and judicialjudicial

Legislature- made of only 1 Legislature- made of only 1 house with each state getting house with each state getting 1 vote1 vote

Page 14: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

New Jersey PlanNew Jersey Plan

►Smaller states approved this plan, Smaller states approved this plan, however, larger states did not.however, larger states did not.

Page 15: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

CompromisesCompromises►Roger Sherman led a committee that Roger Sherman led a committee that

proposed the Great Compromise.proposed the Great Compromise. It proposed that Congress would be It proposed that Congress would be

divided into 2 houses- a Senate and divided into 2 houses- a Senate and House of RepresentativesHouse of Representatives

House representation would be House representation would be based on populationbased on population

Each state would have equal Each state would have equal representation in the Senaterepresentation in the Senate

Page 16: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

CompromisesCompromises

►At the time of the At the time of the Constitutional Convention, Constitutional Convention, more than 550,000 African more than 550,000 African American were enslaved.American were enslaved.

►South wanted to count slaves South wanted to count slaves as part of the population, the as part of the population, the north did notnorth did not

Page 17: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

CompromisesCompromises

►Three-Fifths Compromise- Three-Fifths Compromise- every 5 enslaved people would every 5 enslaved people would count as 3 free peoplecount as 3 free peopleUsed to figure representation Used to figure representation in House and in figuring in House and in figuring taxestaxes

Page 18: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

CompromisesCompromises

►Northern states- congress Northern states- congress should be able to regulate should be able to regulate foreign commerce and trade foreign commerce and trade between the statesbetween the states

Page 19: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

CompromisesCompromises

►Southern states- feared Southern states- feared Congress would use this power Congress would use this power to tax exportsto tax exportsThis would hurt the southern This would hurt the southern economy because it economy because it depended heavily on exports depended heavily on exports of tobacco and riceof tobacco and rice

Page 20: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

CompromisesCompromises

►As a result, southern states As a result, southern states agreed that Congress could agreed that Congress could regulate trade between the regulate trade between the states and other countries.states and other countries.

►Northern states agreed not to Northern states agreed not to tax exports and not to interfere tax exports and not to interfere with slave trade before 1808.with slave trade before 1808.

Page 21: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

The PresidentThe President

►Some delegates thought Some delegates thought Congress should choose the Congress should choose the President, others believed all President, others believed all of the people should decide.of the people should decide.

►Electoral College- group of Electoral College- group of people named by each state to people named by each state to select the presidentselect the president

Page 22: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

The PresidentThe President

►All people from each state would vote.All people from each state would vote.►Each state was given a certain number of Each state was given a certain number of

Electoral votes based off of its population.Electoral votes based off of its population.►Which ever candidate won the Which ever candidate won the majoritymajority

of votes from that state would receive all of votes from that state would receive all of that states Electoral votes! of that states Electoral votes!

►This is referred to a This is referred to a “Winner Take All System”“Winner Take All System”

Page 23: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

Electoral Votes by StateElectoral Votes by State

Page 24: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

Approving the ConstitutionApproving the Constitution

►On September 17, 1787, On September 17, 1787, delegates at the Constitutional delegates at the Constitutional Convention met for the last Convention met for the last time.time.

►Delegates decided that when 9 Delegates decided that when 9 of 13 states had ratified it, the of 13 states had ratified it, the Constitution would become Constitution would become supreme law of the land.supreme law of the land.

Page 25: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.
Page 26: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

Divided PublicDivided Public

►Americans reacted to the Americans reacted to the Constitution in different waysConstitution in different ways

►One group called themselves One group called themselves the Federaliststhe Federalists

Page 27: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

FederalistsFederalists

►They chose this name to They chose this name to emphasize that the Constitution emphasize that the Constitution would create a system of would create a system of federalismfederalism

►Federalism- form of government Federalism- form of government in which power is divided in which power is divided between national and state between national and state governmentsgovernments

Page 28: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

Anti-federalistsAnti-federalists

►Anti-federalists opposed the Anti-federalists opposed the ConstitutionConstitution

►They felt it gave too much They felt it gave too much power to the national power to the national government and took too government and took too much away from the statesmuch away from the states

Page 29: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

Reaching AgreementReaching Agreement

►June 21, 1788, New Hampshire June 21, 1788, New Hampshire became the 9became the 9thth state to ratify state to ratify the Constitutionthe Constitution

►Rhode Island was the last to Rhode Island was the last to do so in 1790do so in 1790

Page 30: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

United StatesUnited States

► The 13 independent states were now one The 13 independent states were now one nation, the United States of America.nation, the United States of America.

Page 31: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

Chapter 3.3Chapter 3.3

The Structure of the The Structure of the ConstitutionConstitution

Page 32: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

ConstitutionConstitution

►Highest authority in the nationHighest authority in the nation►Basic law of the U.S.Basic law of the U.S.►Gives all branches of government their powersGives all branches of government their powers

Page 33: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

ConstitutionConstitution►3 main parts3 main parts

Preamble- introduction that states Preamble- introduction that states the goals and purposes of the the goals and purposes of the governmentgovernment

7 articles- describe the structure 7 articles- describe the structure of the governmentof the government

27 amendments- additions or 27 amendments- additions or changes to the Constitutionchanges to the Constitution

Page 34: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

PreamblePreamble

►6 purposes 6 purposes of the of the government government (p.61)(p.61)

Page 35: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

PreamblePreamble

►1-“form a more perfect Union”1-“form a more perfect Union”Unite the states so they can Unite the states so they can operate as a single nation.operate as a single nation.

Page 36: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

PreamblePreamble

►2- “establish justice”2- “establish justice”Create fair laws for equal treatment of Create fair laws for equal treatment of citizenscitizens

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PreamblePreamble

►3- “insure domestic 3- “insure domestic tranquility”tranquility”Maintain peace and orderMaintain peace and order

Page 38: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

PreamblePreamble

►4- “provide for the common defense”4- “provide for the common defense” Ready militarily to protect the countryReady militarily to protect the country

Page 39: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

PreamblePreamble

►5- “promote the general 5- “promote the general welfare”welfare”Help people live happy, Help people live happy, healthy liveshealthy lives

Page 40: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

PreamblePreamble

►6- “secure the blessings of 6- “secure the blessings of liberty to ourselves and our liberty to ourselves and our posterity”posterity”Freedom and basic rights to Freedom and basic rights to all Americans, including all Americans, including future generationsfuture generations

Page 41: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

The ArticlesThe Articles

►The 7 articles that follow the Preamble The 7 articles that follow the Preamble explain how the government is to work.explain how the government is to work.

Page 42: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

Article IArticle I

►The Legislative The Legislative BranchBranch Congress is Congress is

made of two made of two houseshouses►SenateSenate►House of House of RepresentativRepresentativeses

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Article IIArticle II

►Executive Executive BranchBranch Law enforcing Law enforcing

branch of branch of government government headed by the headed by the president and president and vice-presidentvice-president

Page 44: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

Article IIIArticle III

►Judicial BranchJudicial Branch Interprets Interprets

laws and sees laws and sees that they are that they are fairly appliedfairly applied

Page 45: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

Article IVArticle IV

►IV-StatesIV-States All states must respect each other’s lawsAll states must respect each other’s laws Explains the process for creating new statesExplains the process for creating new states

Page 46: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

Article V-VIArticle V-VI

►V- specified how amendments are to V- specified how amendments are to be madebe made

►VI- declares that the Constitution is the VI- declares that the Constitution is the “Supreme law of the land.”“Supreme law of the land.” Federal law is more powerful than state Federal law is more powerful than state

lawlaw

Page 47: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

Article VIIArticle VII

►The Constitution would take effect The Constitution would take effect when 9 states ratified itwhen 9 states ratified it

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Amending the ConstitutionAmending the Constitution

►Since 1787, it Since 1787, it has been has been amended 27 amended 27 timestimes

►The first 10 The first 10 amendments, amendments, known as the Bill known as the Bill of Rights, were of Rights, were added in 1791.added in 1791.

Page 49: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

Amendment ProcessAmendment Process

►The framers purposefully made the The framers purposefully made the Constitution difficult to amendConstitution difficult to amend

►Article V outlines the 2 steps for Article V outlines the 2 steps for amendingamending

Page 50: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

Amendment ProcessAmendment Process

►2 steps2 steps 1- proposal1- proposal 2- ratification2- ratification

Page 51: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

Amendment ProcessAmendment Process

►Proposal- 2 methodsProposal- 2 methods 1- 2/3 vote by both houses of Congress1- 2/3 vote by both houses of Congress 2- national convention requested by 2/3 of 2- national convention requested by 2/3 of

the state legislaturesthe state legislatures

Page 52: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

Amendment ProcessAmendment Process

►RatificationRatification Once an amendment has been proposed, ¾ of Once an amendment has been proposed, ¾ of

the states must ratify itthe states must ratify it

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Interpreting the ConstitutionInterpreting the Constitution

►Article I- The Necessary and Article I- The Necessary and Proper ClauseProper Clause allows Congress “to make all allows Congress “to make all

laws which shall be necessary laws which shall be necessary and proper”and proper”►Implied powersImplied powers

Page 54: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

Interpreting the ConstitutionInterpreting the Constitution

►Supreme Court has the final authority Supreme Court has the final authority on interpreting the Constitutionon interpreting the Constitution

►Presidential interpretationPresidential interpretation Foreign policy & requesting congressional Foreign policy & requesting congressional

legislationlegislation

Page 55: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

Chapter 3.4Chapter 3.4

Principles Underlying the Principles Underlying the ConstitutionConstitution

Page 56: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

Principles Underlying the Principles Underlying the ConstitutionConstitution

►5 fundamental principles5 fundamental principles Popular sovereigntyPopular sovereignty Rule of lawRule of law Separation of powersSeparation of powers Checks and balancesChecks and balances FederalismFederalism

Page 57: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

Popular SovereigntyPopular Sovereignty

►Popular sovereignty- power that Popular sovereignty- power that lies with the peoplelies with the people

►The Constitution echoes this ideaThe Constitution echoes this idea ““We the people”We the people”

Page 58: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

Rule of LawRule of Law

►Rule of lawRule of law Law applies to Law applies to

everyone, even everyone, even those who those who governgovern

Page 59: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

Separation of PowersSeparation of Powers

►Separation of Separation of powerspowers Split of Split of

authority authority among the among the legislative, legislative, judicial, and judicial, and executive executive branches of branches of governmentgovernment

Page 60: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

Checks and BalancesChecks and Balances

►Each branch is able to check, or restrain, Each branch is able to check, or restrain, the power of othersthe power of others

Page 61: Chapter 3.1 The Road to the Constitution. Constitution Nations most important document Nations most important document Written in 1787 Written in 1787.

FederalismFederalism

►Power is shared by national and state Power is shared by national and state governmentsgovernments

►Expressed powers- granted to the Expressed powers- granted to the national governmentnational government

►Reserved powers- powers that the Reserved powers- powers that the Constitution does not give the national Constitution does not give the national government, which are kept by the government, which are kept by the statesstates

►Concurrent powers- powers both levels Concurrent powers- powers both levels of government can exerciseof government can exercise