Forming a more Perfect Union. Creating a Constitution The Constitutional Convention of 1787 was...

“Forming a more Perfect Union”

Creating a Constitution

The Constitutional Convention of 1787 was The Constitutional Convention of 1787 was called to revise the Articles of called to revise the Articles of Confederation.Confederation.

This “revision” led to the eventual This “revision” led to the eventual abandonment of the Articles and created a abandonment of the Articles and created a new constitutional framework.new constitutional framework.

Revision Attempts

Charles Pinckney of S.C. proposed that Congress Charles Pinckney of S.C. proposed that Congress revise the Articles of Confederation. revise the Articles of Confederation.

Among the proposed changes included Among the proposed changes included amendments that would have granted Congress amendments that would have granted Congress exclusive power over commerce.exclusive power over commerce.

Instead of “tinkering” with old Articles, a Instead of “tinkering” with old Articles, a Constitutional Convention was called to re-write a Constitutional Convention was called to re-write a new Constitution.new Constitution.

Constitutional Convention

Held in Philadelphia 1787.Held in Philadelphia 1787. Intent of the ConventionIntent of the Convention

Economic – protect property rights and Economic – protect property rights and make America safe from democracymake America safe from democracy

Idealistic – make a perfect unionIdealistic – make a perfect union Pragmatic – dealing with the question of Pragmatic – dealing with the question of

sovereignty. Placing common interests sovereignty. Placing common interests over regional or personal concerns.over regional or personal concerns.


Participants – 55 delegates from 12 statesParticipants – 55 delegates from 12 states Young (average age 42), professional Young (average age 42), professional

(1/2 were lawyers), men of economic (1/2 were lawyers), men of economic substancesubstance

Revolutionary War veteransRevolutionary War veterans Absent: Thomas Jefferson, Patrick HenryAbsent: Thomas Jefferson, Patrick Henry


Key participantsKey participants Washington – president of the conventionWashington – president of the convention Madison – researched every previous republicMadison – researched every previous republic

Large public is not only possible but Large public is not only possible but preferredpreferred

Popularly elected officials with sovereignty Popularly elected officials with sovereignty in the hands of the people, not the in the hands of the people, not the governments.governments.

The Compromises

Virginia Plan/ Large States Plan Virginia Plan/ Large States Plan 2 house legislature with representation 2 house legislature with representation

based on population for bothbased on population for both President and courts chosen by legislaturePresident and courts chosen by legislature Favor larger states over smaller statesFavor larger states over smaller states

The Compromises

New Jersey PlanNew Jersey Plan Congress with each state having 1 voteCongress with each state having 1 vote Separate executive and judicial branchesSeparate executive and judicial branches Increased powers of CongressIncreased powers of Congress Equal power sharing between small states Equal power sharing between small states

and large statesand large states

The Compromises

The “Great Compromise”The “Great Compromise” Lower house membership dependent on Lower house membership dependent on

populationpopulation Upper house with two members from Upper house with two members from

each stateeach state All revenue (tax) bills must begin in All revenue (tax) bills must begin in

lower houselower houseThis provision still holds true!This provision still holds true!

The Compromises Three-Fifths CompromiseThree-Fifths Compromise

60% of slaves counted for representation and 60% of slaves counted for representation and taxationtaxation

No congressional interference with slavery for No congressional interference with slavery for 20 years20 years

Non-slave states wanted slaves counted for Non-slave states wanted slaves counted for taxation, but not representation and wanted taxation, but not representation and wanted an end to importation of slavesan end to importation of slaves

Slave states wanted slaves counted for Slave states wanted slaves counted for representation but not taxation, plus no representation but not taxation, plus no interference with slave trade by federal interference with slave trade by federal governmentgovernment

The Compromises

Commerce Compromise (no tax on exports, Commerce Compromise (no tax on exports, simple majority needed to pass commerce bills)simple majority needed to pass commerce bills) Cotton and tobacco producing states wanted Cotton and tobacco producing states wanted

restriction of taxes on exports and all commerce restriction of taxes on exports and all commerce bills to be passed by a two-thirds vote of bills to be passed by a two-thirds vote of CongressCongress

Northern industrial states wanted federal tariffs Northern industrial states wanted federal tariffs to keep up out cheaper European products and to keep up out cheaper European products and raise revenues for the governmentraise revenues for the government

Ratification

Because of fear of opposition from states, Because of fear of opposition from states, only 9 of the 13 were needed for the only 9 of the 13 were needed for the Constitution to take effect.Constitution to take effect.

Because of opposition from state Because of opposition from state legislatures, conventions elected by the legislatures, conventions elected by the people were given authority to approve or people were given authority to approve or reject the Constitution.reject the Constitution.

Ratification

Federalists vs. Anti-FederalistsFederalists vs. Anti-Federalists Most federalists were wealthy and well-Most federalists were wealthy and well-

educated and sought the creation of a more educated and sought the creation of a more powerful central governmentpowerful central government

Most anti-federalists were farmers who were Most anti-federalists were farmers who were loyal primarily to their state governmentsloyal primarily to their state governments

Feared taxation power of federal governmentFeared taxation power of federal governmentRepublican government could not rule a Republican government could not rule a

large nationlarge nation

Ratification

Federalist Papers (Hamilton, Madison, Jay) Federalist Papers (Hamilton, Madison, Jay) were most influential political literature of were most influential political literature of the timethe time Argued that limitations on governmental Argued that limitations on governmental

power were built into the Constitutionpower were built into the Constitution Need for strength to earn respect abroadNeed for strength to earn respect abroad

Ratification

Promise of a “Bill of Rights” added to the Promise of a “Bill of Rights” added to the Constitution helped persuade opponents to Constitution helped persuade opponents to ratify it.ratify it.

Goals of the Framers

To establish a government strong enough to To establish a government strong enough to meet the nations needs – an objective meet the nations needs – an objective sought through substantial grants of power sought through substantial grants of power to the federal government in areas such as to the federal government in areas such as defense and commercedefense and commerce


To establish a government that would not To establish a government that would not threaten the existence of the separate states threaten the existence of the separate states – an objective sought through federalism – an objective sought through federalism and through a Congress connected to the and through a Congress connected to the states through electionsstates through elections


To establish a government that would not To establish a government that would not threaten liberty – an objective sought threaten liberty – an objective sought through an elaborate system of checks and through an elaborate system of checks and balancesbalances

To establish a government based on popular To establish a government based on popular sovereignty – an objective sought through sovereignty – an objective sought through provisions for the direct and indirect provisions for the direct and indirect election of public officials.election of public officials.

Constitution - Framework

Framework of Constitutions consists of:Framework of Constitutions consists of: PreamblePreamble Articles (7)Articles (7) Amendments (27)Amendments (27)

Constitution, Preamble

““We the People of the United States in Order We the People of the United States in Order to form a more perfect Union, establish to form a more perfect Union, establish Justice, insure domestic Tranquility, Justice, insure domestic Tranquility, provide for the common defense, promote provide for the common defense, promote the general Welfare, and secure the the general Welfare, and secure the Blessings of Liberty to ourselves and our Blessings of Liberty to ourselves and our Posterity, do ordain and establish the Posterity, do ordain and establish the CONSTITUTION for the United States of CONSTITUTION for the United States of America.”America.”

Constitution, Article I

Legislative BranchLegislative BranchSection 1Section 1 All legislative powers vested in a Congress, which shall All legislative powers vested in a Congress, which shall

include a House and Senateinclude a House and SenateSection 2Section 2 Membership of HouseMembership of House Election Cycle: Every 2 years by the peopleElection Cycle: Every 2 years by the people Age: 25 yearsAge: 25 years Citizenship: 7 years, Citizenship: 7 years, Allocation: based by populationAllocation: based by population


Section 3: SenateSection 3: Senate Membership: 2 from each stateMembership: 2 from each state Election cycle: 6 years, 1/3 up for election every 2 Election cycle: 6 years, 1/3 up for election every 2

years.years. Age: 30 yearsAge: 30 years Citizenship: 9 yearsCitizenship: 9 years Provide for senate leadershipProvide for senate leadership Try all impeachments 2/3 majority for convictionsTry all impeachments 2/3 majority for convictions


Section 4Section 4 Time, place, manner for elections left up to Time, place, manner for elections left up to

statesstates

Section 5Section 5 Sets up procedures for meetings, attendance Sets up procedures for meetings, attendance

of members, adjournmentof members, adjournment


Section 7Section 7 Bills of Revenue originate in the HouseBills of Revenue originate in the House Process for Bills to become lawProcess for Bills to become law

Section 8: Specific Powers of CongressSection 8: Specific Powers of Congress Lay and collect taxesLay and collect taxes Provide for common Defense, General WelfareProvide for common Defense, General Welfare Borrow moneyBorrow money


Regulate commerce with Foreign NationsRegulate commerce with Foreign Nations Coin moneyCoin money Confirm Presidential appointments (Senate)Confirm Presidential appointments (Senate) Establish Post OfficesEstablish Post Offices Declare WarDeclare War Raise and Support ArmiesRaise and Support Armies Maintain NavyMaintain Navy All laws necessary and properAll laws necessary and proper


Section 9Section 9 Limits on Congress’s taxing powerLimits on Congress’s taxing power

Section 10Section 10 Prevents states from entering into powers Prevents states from entering into powers

vested to the Congress like treaties, or vested to the Congress like treaties, or impose duties on imports.impose duties on imports.

Constitution, Article II

Section 1: Executive power vested in a Section 1: Executive power vested in a President.President.

Establishes electoral collegeEstablishes electoral college Establishes 4 Year term for PresidentEstablishes 4 Year term for President Age: 35Age: 35 Citizenship: Natural BornCitizenship: Natural Born Succession: Vice PresidentSuccession: Vice President


Section 2Section 2 Establishes President as Commander in Establishes President as Commander in

Chief of Army and NavyChief of Army and Navy Power to make treaties with consent of the Power to make treaties with consent of the

SenateSenate Power to fill vacancies during recess of the Power to fill vacancies during recess of the

Senate.Senate.


Section 3Section 3 Give to the Congress information on the Give to the Congress information on the

State of the UnionState of the Union

Section 4Section 4 Power to be impeached by CongressPower to be impeached by Congress

Constitution, Article III

Section 1Section 1 Judicial power shall be vested in one Judicial power shall be vested in one

supreme court and lower courts which supreme court and lower courts which Congress deems necessaryCongress deems necessary

Section 2Section 2 Trial by jury, sets jurisdiction for particular Trial by jury, sets jurisdiction for particular

casescases

Constitution, Article III

Section 3Section 3 Treason provisionTreason provision ““Consist only in levying war against them, Consist only in levying war against them,

or in adhering to their enemies, giving them or in adhering to their enemies, giving them Aid and Comfort. No person shall be Aid and Comfort. No person shall be convicted unless on the testimony to the convicted unless on the testimony to the same overt act, or on confession in open same overt act, or on confession in open court.”court.”

Constitution, Article IV

Section 1Section 1 Full Faith and Credit Clause Full Faith and Credit Clause

Section 2Section 2 Citizens of each state shall be entitled to all Citizens of each state shall be entitled to all

privileges and immunities of Citizens in privileges and immunities of Citizens in another stateanother state

Extradition clauseExtradition clause

Constitution, Article IV

Admission of new states into the unionAdmission of new states into the union

Section 4Section 4 Guarantee to every state a “Republican” Guarantee to every state a “Republican”

form of government.form of government.

Constitution, Article V

The Congress may when necessary propose The Congress may when necessary propose amendments to the Constitutionamendments to the Constitution

Ratification ¾ of the statesRatification ¾ of the states

Constitution, Article VI

All debts entered into before Adoption of All debts entered into before Adoption of the Constitution are valid.the Constitution are valid.

All members of government shall be bound All members of government shall be bound to this constitution by Oath or Affirmation.to this constitution by Oath or Affirmation.

Constitution, Article VII

Ratification of this constitution shall be Ratification of this constitution shall be considered by 9 of the 13 states.considered by 9 of the 13 states.

12 of 13 states signed the constitution12 of 13 states signed the constitution Rhode Island was the last state to ratify the Rhode Island was the last state to ratify the

constitution and only after the bill of rights constitution and only after the bill of rights had been written...making it unanimous. had been written...making it unanimous.

Constitution, Amendments 1-10

Amendment 1:Amendment 1: Free exercise of religion, press, speechFree exercise of religion, press, speech Right to peaceably assembleRight to peaceably assemble Right to Petition Government for a Right to Petition Government for a

redress of grievancesredress of grievances


Amendment IIAmendment II Right to bear Arms shall not be infringedRight to bear Arms shall not be infringed

Amendment IIIAmendment III No soldier shall be quartered in time of No soldier shall be quartered in time of

peace, without consent of the ownerpeace, without consent of the owner


Amendment IVAmendment IV Reasonable search and seizuresReasonable search and seizures Warrants upon probable causeWarrants upon probable cause

Amendment VAmendment V Indictment by Grand JuryIndictment by Grand Jury Double jeopardyDouble jeopardy Witness against himselfWitness against himself Due process of lawDue process of law Just compensation for propertyJust compensation for property


Amendment VIAmendment VI Right to speedy trial by an impartial juryRight to speedy trial by an impartial jury Right to know cause and accusationRight to know cause and accusation Right to be confronted by witnesses and Right to be confronted by witnesses and

have witnesses to support have witnesses to support Right to have Assistance of Counsel for Right to have Assistance of Counsel for

defensedefense


Amendment VIIAmendment VII Civil matters right to jury trialCivil matters right to jury trial

Amendment VIIIAmendment VIII Excessive bail shall not be requiredExcessive bail shall not be required Cruel and unusual punishment inflictedCruel and unusual punishment inflicted


Amendment IXAmendment IX The Constitution shall not be construed to The Constitution shall not be construed to

deny or disparage other rights which are deny or disparage other rights which are retained by the people. retained by the people.

Amendment XAmendment X Powers not delegated to the Constitution are Powers not delegated to the Constitution are

reserved to the people.reserved to the people.


Amendment XIAmendment XI

As now interpreted, prevent citizens of a state from As now interpreted, prevent citizens of a state from bringing their bringing their ownown state to federal court. state to federal court.

Amendment XIIAmendment XII Solidifies the Electoral CollegeSolidifies the Electoral College Decides how to settle ties or disputesDecides how to settle ties or disputes

Amendment XIIIAmendment XIII Abolishes slaveryAbolishes slavery


Amendment XIVAmendment XIV Prevents states from depriving citizens Prevents states from depriving citizens

privileges set forth by the constitution privileges set forth by the constitution including life, liberty, and property without including life, liberty, and property without due process of law, or within its jurisdiction due process of law, or within its jurisdiction the equal protection of the laws.the equal protection of the laws.


Amendment XVAmendment XV Right of citizens to vote no longer based on Right of citizens to vote no longer based on

race, color or servituderace, color or servitudeAmendment XVIAmendment XVIClarified the right of the government to Clarified the right of the government to

collect taxescollect taxesAmendment XVIIAmendment XVII Allowed public to vote for SenatorsAllowed public to vote for Senators


Amendment XVIIIAmendment XVIII Prohibition of liquorProhibition of liquor

Amendment XIX (1920)Amendment XIX (1920) Women’s voting rightsWomen’s voting rights

Amendment XXAmendment XX Succession of OfficeSuccession of Office Meetings for day of CongressMeetings for day of Congress


Amendment XXIAmendment XXI Repealed the 18Repealed the 18thth Amendment Amendment

Amendment XXIIAmendment XXII Term Limit on President two elected terms in Term Limit on President two elected terms in

officeoffice

Amendment XXIVAmendment XXIV Repealed Poll TaxRepealed Poll Tax


Amendment XXVAmendment XXV Succession upon death Succession upon death Filing a vacancy of the Vice PresidentFiling a vacancy of the Vice President Incapacitation of President or VPIncapacitation of President or VP

Amendment XXVIAmendment XXVI Establishes 18 as legal voting ageEstablishes 18 as legal voting age

Amendment XXVII (1992)Amendment XXVII (1992) No pay raise can take effect until an election of No pay raise can take effect until an election of

Representatives has taken place.Representatives has taken place.

Concepts, Issues based on Constitution Grants of PowerGrants of Power Denials of PowerDenials of Power Separation of PowerSeparation of Power Sharing of PowerSharing of Power Checks and balancesChecks and balances FederalismFederalism Enumerated PowersEnumerated Powers Supremacy ClauseSupremacy Clause Necessary and Proper ClauseNecessary and Proper Clause Implied PowersImplied Powers

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