The Constitution

1
The Constitution

• 1787-1789

2
Ga. Standard Addressed in this Power Point

• SSUSH5 The student will explain specific events
  and key ideas that brought about the adoption and
  implementation of the United States Constitution.
• b. Evaluate the major arguments of the
  anti-Federalists and Federalists during the
  debate on ratification of the Constitution as put
  forth in The Federalists Papers concerning form
  of government, factions, checks and balances,
  and the power of the executive, including the
  roles of Alexander Hamilton and James Madison.
• c. Explain the key features of the Constitution,
  specifically the Great Compromise, separation
• of powers, limited government, and the issue of
  slavery.
• d. Analyze how the Bill of Rights serves as a
  protector of individual and states rights.

3
Essential questions

• Who developed the Constitution?
• How was the Constitution developed?
• What are the major compromises that wer made in
  order to complete a document that the states
  would ratify?
• What were the major arguments of the
  anti-Federalists and Federalists during the
  debate on ratification of the Constitution as put
  forth in the Federalists Papers and concerning
  form of government, factions, checks and
  balances, and the power of the executive,
• What were the roles of roles of Alexander
  Hamilton and James Madison in developing the
  Constitution?.
• What are the key features of the Constitution,
  specifically the Great Compromise, separation of
  powers, limited government, and the issue of
  slavery?
• How does the Bill of Rights serve as a protector
  of individual and states rights.
• Why is the American Constitution one of the most
  enduring constitutions in the western world?

4
Vocabulary

• Separation of Powers, Social Contract,
  Checks/Balances, Bill of Rights, Great
  Compromise, Individual Rights, States Rights,
  Common Sense, Articles of Confederation, U.S.
  Constitution

• The Virginia Plan,
• New Jersey Plan, 3/5th Compromise, Federalists,
  Anti-federalists,

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Delegates

• May 25, 1787
• 55 delegates sent by the states to write a new
  constitution.
• Many were in state government.
• Many educated in history and political
  philosophy.
• ½ had been members of the Continental Congress.
• 8 had signed the Declaration of Independence.
• All had been involved in the American Revolution.
• Several had been diplomats to Europe.

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Connecticut

• William Samuel Johnson
• Lawyer and Politician
• Patriot with pro-British tendencies.
• Roger Sherman
• Lawyer/Judge
• Helped draft the Declaration of Independence.
• Oliver Ellsworth
• Lawyer
• Pro-state control of government.

7
Delaware

• George Read
• Signer of the Declaration of Independence.
• President of Delaware Assembly.
• Gunning Bedford
• Lawyer
• Pro-small states rights
• Roommate to James Madison at Princeton.
• John Dickinson
• Refused to sign the Declaration of Independence.
• State President of Delaware
• Richard Bassett
• Farmer and soldier
• Jacob Broom
• Politician

8
Georgia

• William Few
• Frontiersman
• Revolutionary war hero
• Abraham Baldwin
• Developed an educational system for Georgia.
• Irregular attendant to the Convention.
• William Pierce
• Aid to General Nathaniel Greene
• Left early.
• William Houstoun
• Plantation owner
• Stayed at the convention from June 1-July 23.

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Maryland

• James McHenry
• Physician
• Deeply religious
• Daniel of St. Thomas Jenifer
• Plantation owner
• Older delegate(64 yrs)
• Humorous
• Daniel Carroll
• Wealthy colonial American
• Concerned with economics
• John Francis Mercer
• Lawyer, planter, politician
• Left before signing
• Luther Martin
• Maryland Attorney General
• Opposed a strong central government

10
Massachusetts

• Elbridge Gerry
• Signer of the Declaration
• Refused to sign the Constitution.
• Nathaniel Gorham
• Filled in for George Washington as Chairman of
  the Convention
• Rufus King
• Fought at Lexington and Concord
• Studied law
• Worked with Alexander Hamilton
• Caleb Strong
• politician

11
New Hampshire

• John Langdon
• Merchant sailor
• Politician
• Nicholas Gilman
• Combat captain in the Revolutionary War.
• Served with George Washington.

12
New Jersey

• David Brearley
• Lt. Colonel in the Revolutionary War
• New Jersey Supreme Court Chief Justice
• William Houston
• Professor of Mathematics at Princeton
• Served at the Convention for 1 week, but left due
  to illness.
• William Paterson
• Prominent New Jersey lawyer and Attorney General
• William Livingston
• Governor of New Jersey
• Jonathan Dayton
• Land speculator

13
New York

• Robert Yates
• Strongly against creating a new Constitution.
• Leaves early.
• Alexander Hamilton
• Strongly in favor of a new Constitution with a
  strong central government.
• John Lansing, Jr.
• Strongly opposed to any central government in
  America.

14
North Carolina

• Alexander Martin
• Fought at Brandywine and Germantown.
• Governor of North Carolina.
• William Richardson Davie
• Major in the militia.
• Richard Dobbs Spaight
• Orphaned at age 8.
• Politician
• William Blount
• Chief paymaster during the Revolution.
• Hugh Williamson
• Frontier physician
• Faithful attendee of the Convention.

15
Pennsylvania

• Thomas Mifflin
• Quartermaster General of the Continental Army.
• Robert Morris
• Signer of the Declaration of Independence
• Secured finances for the Revolutionary War.
• George Clymer
• President of the Philadelphia Bank
• Jared Ingersoll
• Lawyer
• Thomas Fitzsimons
• Merchant

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Pennsylvania (cont.)

• James Wilson
• Student of government and law
• Believed in dual sovereignty between the nation
  and the states.
• Gouverneur Morris
• Author of the Preamble and many other parts of
  the Constitution.
• Benjamin Franklin
• 81 years old
• Ambassador to France during the Revolutionary
  War.
• Held in great respect among the other delegates.

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Rhode Island

• Sent no delegates!!

18
South Carolina

• John Rutledge
• Politician
• Attended every session of the Convention.
• Charles Pinckney
• Revolutionary War prisoner of war.
• Youngest member at the Convention (30 yrs. Old)
• Great speaker.
• Charles Cotesworth Pinckney
• 2nd cousin to Charles Pinckney
• Brigadier General of the Continental Army.
• Pro-slavery.
• Pierce Butler
• A member of the British Army and American
  militia.
• Proud slave owner.

19
Virginia

• George Washington
• Former Revolutionary War Commander-in-Chief
• Elected to be the presiding officer of the
  Constitutional Convention.
• 55 years old.
• Edmund Randolph
• Lawyer to George Washington.
• Governor of Virginia.
• John Blair
• Devoted to the idea of a permanent Union of the
  states.

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Virginia (cont.)

• James Madison
• The Father of the Constitution
• 36 year old delegate from Virginia.
• Took notes of every discussion made about the
  Constitution.
• First delegate to arrive with a plan for a
  federal system of government.

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Virginia (cont.)

• George Mason
• Father of the Bill of Rights
• George Wythe
• Signer of the Declaration.
• Slaveholder.
• Left early.
• James McClurg
• Physician.
• Never signed the Constitution.

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Rules of the Convention

• Held in secrecy to avoid public arguments and
  debates.
• Windows and doors shut at all times.
• Only official note taking was allowed.
• Voting was by state w/ majority rule.
• All agreed a strong central government was
  necessary.
• It should have these powers
• Able to tax
• Able to raise an army
• Able to regulate commerce or trade.
• Should not have unlimited power.

• Goal- A Republican form of government
• Power rests in the voters who elect
  representatives to run the government.

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The Virginia Plan

• Introduced by Edmund Randolph
• Delegate from Virginia.
• Written by James Madison
• Virginia Plan proposed
• 2 house legislature
• First house elected by the people.
• Second house elected by the first house.
• of representatives in the Congress would be
  determined by state population.
• Favored the larger states.

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The New Jersey Plan

• William Paterson
• Delegate from New Jersey.
• New Jersey Plan Proposed
• One-house legislature.
• Each state would have equal of representatives.
• One state- one vote.
• Favored the smaller states.
• Resoundingly rejected by the delegates.

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James Wilson

• Delegate from Pennsylvania.
• Challenges both plans.
• Wants a strong federal government with equal
  representation.
• Threatens to walk out of the convention.

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The Great Compromise

• Presented by Roger Sherman of Connecticut.
• Two houses of Congress.
• Senate- each state gets 2 Senators.
• House of Representative- determined by the
  population of the state.
• All money bills must come from the House.

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The Chief Executive

• What kind of a chief executive to have puzzles
  the delegates.
• Single individual as an elective king?
• NO!- Edmund Randolph and Benjamin Franklin
• Vigorous executive elected by the people?
• Proposed by James Wilson of Pennsylvania.
• Presidential advisors?
• An appointed cabinet is proposed by James Wilson
• Term?
• Life?
• 7 year term?

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Presidential Executive

• Proposed by Alexander Hamilton.
• Elected indirectly by the people.
• Leads to the creation of the Electoral College.
• Proposed to serve for life.
• Absolute veto of Congressional legislation.
• Be given enough power to exercise initiative and
  assume responsibility.
• Did not want powers to be specific.
• Power to pardon.
• A civilian Commander-in-chief of the military.

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President of the United States

• A single, strong, independent chief executive is
  chosen.
• President could appoint own advisors w/ consent
  of the Senate.
• Could veto legislation.
• Congress could override with a 2/3rds vote.
• Commander-in-chief of the military.
• Could make war.
• Congress would declare war.
• Serve for 4 year terms with unlimited reelection.
• Electoral College created to allow electors
  (chosen by state legislature or by the people) to
  cast the final vote.
• The unanimous choice to be the first President of
  the United States is George Washington.

30
3/5th Compromise

• Issue over counting of slaves for representation
  and taxation.
• South wanted slaves counted as a full person for
  representation, but not taxation.
• Slaves would be counted as 3/5th of a person for
  both representation and taxation.

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Commerce Compromise

• South does not want tariffs (taxes) on exports.
• Congress would regulate commerce w/ foreign
  nations and not levy taxes on exports.

32
Slave Issue

• States may continue to import slaves until 1808,
  but after that, they must decide how to handle
  the issue.

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Adoption of the Constitution

• September 17, 1787
• 39 delegates sign the constitution.

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Ratification of the Constitution

• 9 of the 13 states must ratify to make the
  Constitution, the supreme law of the land.

35
Federalists

• Favored a strong federal government (national
  government) rather than the separate governments
  of individual states.

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Anti-Federalists

• Opposed strengthening the powers of a central
  (national) government.
• 4 things wrong with the new constitution
• Surrendering too much power.
• Not enough voter control.
• Not enough freedom for slaves.
• Lack of a bill of rights.

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The Federalist Papers

• Alexander Hamilton
• James Madison
• John Jay
• Series of brilliant essays defending the
  Constitution.

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Ratification

• Delaware
• December, 1787- first to ratify
• New Jersey
• Pennsylvania
• Georgia
• Connecticut
• Massachusetts
• February, 1788 by a margin of 19 votes.
• Maryland
• South Carolina
• New Hampshire
• Virginia
• Madisons home state by a margin of 11 votes.
• New York
• By a margin of 3 votes.
• North Carolina
• Rhode Island

39
George Washington

• Elected President by a unanimous vote of
  Congress.
• John Adams elected Vice-President.
• New York City made the temporary capital.

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The Constitution
41
The Federal Union

• Each state gives some of its powers over to the
  federal government.
• All laws passed by the federal govt. apply
  equally to every individual in the union.
• The federal govt. has the authority to reach
  into each state and punish violators of the
  federal laws.
• States could still pass and enforce their own
  laws, as long as they do not come into conflict
  with the federal laws.

42
The Separation of Powers

• Checks and Balances- Each branch of government is
  given certain powers that can restrain or place
  a check on another branch of government to
  create a balance.

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LEGISLATIVE BRANCH Makes Laws
JUDICIAL BRANCH Interprets Laws
EXECUTIVE BRANCH Enforces Laws
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Article 1Legislative Branch

• House of Representatives
• 2 year terms
• 25 years old
• 7 year citizen of the United States
• Live in the state being elected from.
• Number of Representatives determined by the
  states population.
• Each state is guaranteed at least 1.

• Senate
• 6 year terms
• 30 years old
• 9 year citizen of the United States
• Live in the state being elected from.
• Each state gets two (2) Senators.

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Article 1Legislative Branch

• Elections
• Held on the Tuesday following the first Monday in
  November of even-numbered years.
• Meetings
• Congress shall convene on January 3.
• Passing Laws
• All revenue bills come from the House of
  Representatives.

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Article 1Legislative Branch

• Delegated Powers
• Powers given to Congress that are specifically
  listed in the Constitution.
• Power to tax.
• Power to regulate commerce.
• Power to raise an army.
• Reserved Powers
• Powers not listed in the Constitution are given
  to the states.
• Control over roads, marriages, public education.
• Shared Powers
• Powers that both the federal and the state
  governments share.
• Taxes
• Police force
• Courts

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Article 2Executive Branch

• President of the United States of America
• 4 year terms
• 35 years old
• Native born citizen.
• Resident of the United States for 14 years.

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Article 2Executive Branch

• Electoral College
• Used to elect the President.
• The candidate must win the popular vote of each
  state to receive the electoral votes.
• Electoral votes are determined by the of
  representatives in Congress.
• Elections
• Tuesday after the first Monday in November.

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Article 2Executive Branch

• Powers
• Commander-in-Chief of the military.
• Make treaties with foreign nations.
• Senate must approve.
• Government appointments
• Senate must approve.
• Must give a State of the Union message to
  Congress every year.
• Impeachment
• Can be removed from office by the Congress for
  treason, bribery, or other high crimes.

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Article 3Judicial Branch

• Created the Supreme Court and the Federal Courts
• Federal Courts can only extend into two types of
  cases.
• Violations of the Constitution.
• United States v. a foreign nation.

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Article 4State Relations

• Full Faith and Credit Clause
• The states must respect each others laws.
• Privileges
• The states must respect the rights of other
  states citizens.

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Article 5Amendments

• 2/3rds of both houses of Congress or 2/3rds of
  the States may propose an Amendment to the
  Constitution.
• 3/4ths of the States must ratify the Amendment.

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Article 6Provisions

• Supremacy Clause
• The Constitution is the supreme law of the
  land.
• The power of the federal government is superior
  to the state governments.

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Article 7Ratification

• 9 of the 13 states must approve the new
  Constitution.

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Bill of Rights

• 1st ten amendments to the Constitution.
• Had to be voted on to get approval from the
  Anti-Federalists. They passed.
• 1st Amendment- Freedom of religion and speech
• 2nd Amendment- Right to keep arms.
• 3rd Amendment- Not required to give housing to
  troops.
• 4th Amendment- Search and Seizure- Must have a
  search warrant.
• 5th Amendment- You may not testify against
  yourself in a court of law.
• 6th Amendment- Right to a fair and speedy trial.
• 7th Amendment- Right to a jury trial.
• 8th Amendment- Cannot be charged with excessive
  bails or fines.
• 9th Amendment- Government must protect the
  people.
• 10th Amendment- Powers not delegated to the
  United States government are reserved to the
  states.