The Constitution

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The Constitution
Chapter III

• Forming Americas Government

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Preamble to the Constitution

• We the people of the United States, in order to
  form a more perfect Union, establish justice,
  insure domestic tranquility, provide for the
  common defense, promote the general welfare, and
  secure the blessing of liberty to ourselves and
  our prosperity, do ordain and establish this
  constitution for the United States of America.

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Constitutional Convention

• Philadelphia, Pennsylvania
• Purpose was to address the failing Articles of
  Confederation
• 55 delegates from each state, except Rhode
  Island, met to save the young nation
• In four months time they were able to write a
  document that has lasted for over 200 years

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James Madison

• Attended every meeting and took detailed notes
• This is how we know every detail from the
  Convention
• Madisons Notes
• Father of the Constitution

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1787 Convention

• First order of business was to elect a President
• George Washington
• Second was to decide how to Amend the Articles
• Decided to throw it out and start a new Document

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The Virginia Plan

• Submitted by Edmond Randolph of Virginia
• Called for a two house legislature, sending
  delegates based on population
• Thus the larger the state the more
  representatives
• It would have a executive and judicial branch
• Had the power to tax, regulate trade, interstate
  commerce

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New Jersey Plan

• Submitted by William Paterson of New Jersey
• Proposed a Unicameral Congress that gave each
  state an equal vote, favored small states
• Also called for an executive branch and a
  judicial branch
• Gave the government the power to tax, regulate
  trade, and interstate commerce

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The Great Compromise

• Created a legislative branch of two houses
• One, the House of Representatives, would be based
  on population
• The second, the Senate, would have two reps from
  each state
• This was approved July 16, 1787

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The 3/5 Compromise

• One difficult issue was do you count slaves as
  part of the population
• This would make the southern states much larger
• Most delegates knew that slavery was immoral but
  they could not get rid of it and save the country
  at the same time
• Every 5 slaves would count as 3 people

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Ratifying the Constitution

• Federalist
• Wanted a strong central govt
• Knew issues had to be addressed but saw the need
  to have Const
• Federalist papers
• Used to convince people to ratify

• Anti-federalist
• Feared the president
• Thought the govt would take power away from the
  states
• Wanted to protect the people from the govt
• Bill of Rights

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The New Government

• Each state would have arguments and debates on
  the constitution
• Then they would vote
• Delaware, New Jersey, Connecticut ratified
  quickly
• Eventually each state would ratify
• The constitution would become the law of the land

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The Federal Government

• Takes on this name because of the idea called
  Federalism
• This is the balance of power between state power
  and national government
• Three types of power reserved, delegated,
  concurrent
• Reserved are state powers
• Delegated are federal government powers
• Concurrent are powers shared at the same time

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Separation of Powers

• Perhaps the most important aspect of the
  Constitution
• Legislative, executive, and judicial branch would
  all have different powers within the government
• System would be called checks and balances
• Each branch checks the power of the other
• Prevents one branch from becoming too powerful

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Unwritten Constitution

• Delegates understood that times would change and
  they had to allow for the constitution to change
  with it
• Also called the elastic clause, loose
  interpretation
• It allows the president to do what is necessary
  and proper for the country
• Two famous example of the elastic clause
  Washingtons Cabinet, Louisiana Purchase
• Political parties are also an example of
  tradition never written in the Constitution

Presidential Power
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Elastic Clause

• The Congress shall have Power - To make all Laws
  which shall be necessary and proper for carrying
  into Execution the foregoing powers, and all
  other Powers vested by this Constitution in the
  Government of the United States, or in any
  Department or Officer thereof

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Bill of Rights

• As promised a Bill of Rights was added to the
  Constitution
• Convinced the Anti-federalist states to ratify
  the Constitution
• The Bill of Rights is the first 10 amendments to
  the constitution
• Bill of Rights protected the people against an
  oppressive government

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Powers of Congress
Article 1

• House of Reps
• 2 year terms
• Control bills of Revenue
• Declare war
• Impeach the President
• Provide an army
• Collect taxes
• This is the House of the Bicameral system were
  the people have the most say in Govt

• Senate
• 6 year terms
• Vice President is President of Senate
• Ratify cabinet positions
• Ratify supreme court appointments
• Often referred to as Upper House