Constitution Convention of 1787

A fundamental mistake of the Americans has been, that they considered the revolution as completed, when it was but just begun. Having raised the pillars of the building, they ceased to exert themselves, and seemed to forget that the whole superstructure was then to be erected. Noah Webster 1790

Who were the delegates? 55 delegates from 12

states (Rhode Island refused to show)

They were highly educated and some of the best known names in American history: Washington, Madison, Franklin, Pinkney, Hamilton

Products of the Enlightenment, but shrewd politicians

A unique assembly of men at any one time

3 did not sign

Paying my respects to the father of the Constitution

George Washington

The Convention Framers met on

May 25th-September 17th 1787

Worked in secret to protect themselves from outside pressure

Washington designated President of the Convention

Bundle of Compromises Connecticut Compromise (Great

Compromise): the Convention’s duh moments

3/5’s Compromise Commerce Compromise Slave Trade Compromise Election of President Structure of judicial branch Amendment process

Article I-the legislative branch Congress has 2 houses or

is bicameral• House of Representatives

chosen every two years by people and proportional to state population (435)

• Senators chosen every 6 years by state legislatures (until 1913) with 2 per state (100)

• The House represents the people, all revenue bills started here; the Senate represents states, all treaties and presidential appointments approved by them

• All laws must pass both chambers before sent to president

Article I, Section 8 lists the enumerated powers of government, but Section 8 also contains the elastic clause or necessary and proper clause allowing the government to grow over time

Article II-the executive branch• The President serves a 4 year term and is chosen through

the Electoral College, not the people at large• The president has power, but how much is open to

interpretation• His primary job is to enforce the laws, which today is a vast

bureaucracy of over 2 million people

Article III-the judicial branch

Shortest of the articles and vaguest

Judges serve life terms, but must be appointed by the President and approved by the Senate

Designed to interpret the Constitution and determine what powers belong to the federal government and state governments

Article V-Amending the Constitution

A complicated procedure, but doable: the process allows for necessary changes to be made, but not easily (only 27 amendments, 10,000 proposed)

Ratificaton 9 of 12 States to ratify

Federalists vs. Anti-FederalistsFederalists: new central government will solve our problemsAnti-Federalists: opposed the increased powers of central and lack of Bill of Rights

The Federalist Papers

September 13, 1788 11 of 13 states ratified Constitution; March 4, 1789 1st term of Congress meets and proposes a Bill of Rights

Principles of the Constitution

1. Popular sovereignty: The people are the source of the government’s power, although indirectly. The government acts in response to the what the people want.

2. Federalism: the power of the government is divided between the national and state governments (this will be examined later). This idea is important because it allows the US to be united (which the Articles did not provide) and give the states the ability to govern themselves according to their needs. In other words, the states handle the small things, the federal government deals with the big picture.

Principles of the Constitution

Legislative Branch

Executive Branch

Judicial Branch

•Make laws•Declare war•Spend money (borrow money)•Impeach

•Enforce laws•Veto bills•C-I-C of military•Appoint officials•Represent the US

•Interpret laws•Create uniformity in the law

3. Separation of powers: Each of the 3 branches of government has its own responsibilities in order to prevent not only tyranny, but also the growth of factions (political parties).

Principles of the

Constitution

4. Checks and balances: Each branch of government holds some type of control over the other branch

Principles of the Constitution

5. Judicial Review: The power of the courts to determine what laws are constitutional or not. In the case of Marbury v. Madison (1803), the Supreme Court determined that Article III gives them the power to decide “what the law is”. This opinion can only change if Court membership changes or an amendment is passed.

Principles of the Constitution

6. Limited government: the Constitution limits the powers of government by only giving it certain authority.