CREATING THE
CONSTITUTION
CHAPTER 2, SECTION 4
• Basically written so 13
countries could work
together on some issues
• State governments had most
of the power
o Many members didn’t attend Congress, so laws
couldn’t be passed (quorum)
o Articles couldn’t
be amended without unanimous
consent of ALL states
The Solution:

May 25, 1787 – The states meet in
Philadelphia to revise the Articles of
Confederation
The Framers
Framers - the group of delegates who
attended the Constitutional Convention
 Rhode Island – only colony that didn’t attend
 55 Delegates met


“Never before or since, has so remarkable a
group of men been brought together in this
country.” Thomas Jefferson
Organization and Procedure

Rules of procedure:
 Majority
of the states needed to conduct
business (Quorum)
 Each state delegation had one vote on all
matters.
 Majority of the votes would carry a
proposal.
The Plan

Clearly the Articles couldn’t be fixed

5 Days after the Convention began, they
voted to create a new Constitution
Organization and Procedure
Worked in secrecy
 James Madison became the floor leader

 Called
the “Father of the Constitution”
 Only delegate to bring a plan
Virginia Plan
Legislative
Executive
Judicial
New Jersey Plan
Virginia Plan

James Madison’s plan
Bicameral
Legislature
Representation in each housed based
on
State’s
population
Amount of money it gave to central
government
Virginia Plan

Lower house were popularly elected.

Senate (upper house) were chosen by the house
from list of persons nominated by state
legislatures.

Congress was given all powers under Articles plus:
 Veto
state law in conflict with national law
 Use force to make states comply
Virginia Plan





Congress would choose a “National Executive” and a
“National Judiciary”
These two branches called the “Council of Revision”
Could veto congress
Veto could be overridden by the two houses.
Congress could admit new states to the union
Virginia Plan




Create a new Constitution by revising the Articles
Create a truly national government with greatly
expanded powers
Ability to enforce those powers
Smaller states did not like it
The New Jersey Plan




Retained unicameral Congress
Each state equally represented
Added powers to tax and regulate trade between
states.
Federal executive of more than one person chosen
by Congress
The New Jersey Plan

Could be removed by a majority of the states
governors.

Federal judiciary, ”supreme tribunal”
appointed by the executive
Major Point of Disagreement

How would states be represented?
The Connecticut Compromise
Settled the conflict
 Congress composed of two houses.
 Senate = states represented equally.
 House of Representatives = based on
population.
 Was called the “Great Compromise”

3 Major Conflicts:
1.
Representation in Congress
2.
Counting Slaves
3.
Commerce / Slave Trade
The Three-Fifths Compromise

How should slaves be counted in the south?
 South
thought they should be counted
 North thought they should not.

Free persons were counted and “Three fifths
of all other persons”
Commerce / Slave Trade Compromise

The South had concerns
re: power of the federal
gov’t to regulate trade

Compromise:
 Congress
couldn’t tax state
exports
 Couldn’t do anything to
slave trade for 20 years
(1808)
Summary

Despite many compromises,
the Framers agreed on the
basics:
 Need
for greater powers at the
Federal level
 Representative government
 Power should rest with the
People
 Government should be limited

Finished Sept. 17, 1787
Homework
Read pp.56-58
 Answer p. 58 (1-5)

Ratification of the Constitution
Ratification – The process of
approval
Ratification of the Constitution
• Federalists –
Supported the strong
Federal government
of the new
Constitution
o Alexander Hamilton
o James Madison
o John Jay
Ratification of the Constitution
•Federalists
o Represented the elite
(upper classes)from
coastal regions
o Wrote the Federalist
Papers in support of
the Constitution
Ratification of the Constitution
•Antifederalists –
Opposed the new
Constitution
• Wanted strong
state governments
o Samuel Adams
o Patrick Henry
Ratification of the Constitution
•Antifederalists
o Represented
backcountry
farmers
o Demanded a Bill of
Rights to protect
people from their
government
Bill of Rights
•
1st 10 Amendments
•
Added to ensure
ratification of
Constitution
Political Foundations
•
Bill of Rights:
oFreedom of Speech,
Press, Religion,
Assembly
oRight to bear arms
oFair Trials
Political Foundations
o Protection from:
o Unreasonable Search
and Seizure







Bell Ringer
(5)
Announcements
Review
(5-10)
New Content (Basic Constitutional Principles)
Mini-Poster Assignment
(20)
Constitution Reading
(20)
Romney Speech
(20)
Outline of the Constitution



Preamble
7 Articles outlining
the government’s
organization
27 Amendments
Outline of the Constitution

Articles I-III: 3 Branches of
Government

Article IV: States & their
relationship to the National
Government

Article V: Amendment process

Article VI: Constitution is the
Supreme Law of the Land

Article VII: Process for ratification
Basic Constitutional Principles
•
Popular
Sovereignty –
People hold ALL
the power in our
government
Basic Constitutional Principles
oLimited Government
–Government can
only do what the
Constitution says it
can
Basic Constitutional Principles
o Separation of Powers – Governmental
powers are broken up into 3 branches
Political Foundations
oChecks and
Balances –
Branches should
hold each other
accountable
oChart, p.68 –
KNOW IT!
Basic Constitutional Principles
•
Federalism –
The division
between &
sharing of
power
between the
state and
National
Governments
Basic Constitutional Principles
o Judicial Review–
Courts determine
if government is
following the
Constitution
Homework
•
Create a mini poster that illustrates the
6 principles of the Constitution.
•
For each, include the principle, a brief
definition and an image that illustrates
the concept.
•
Your choice: Color OR obvious artistic
effort
Homework
Read Article I of the Constitution (pp.
760-766)
 Take notes on Article I (optional)
 Be ready for a 10-question open-note
quiz over Article I next time we meet

The Legislative Branch
Objective
Explain the explicit and implicit
organizational structures of
Congress
(p.262-263)
Reasons for Bicameral Legislature
Historical
Practical
Theoretical
Political Ideology
Conservative
Party
Abortion
Business regulations
Death Penalty
Size of Government
Gun control
Liberal
Political Ideology
Conservative
Party
Health Care
Minimum Wage
Taxes
Government Spending
Same-Sex Marriage
Liberal
Notes WS

Term –

Session –

Adjourn –

Prorogue –

Special Session -
Questions


Is it good that a Congressional session
now lasts for most of the year?
When would you be most likely to find
our Congressmen in SC?
Objective
Explain the explicit and implicit
organizational structures of
Congress
House of Representatives

435 voting members
4 non-voting membersDC, Guam, Samoa,
Virgin Islands
Can propose
legislation but cannot
vote
House of Representatives

Requirements:
25
years old
Citizen 7 years
Legal resident of state
that elects them
No term limits
House of Representatives

Selected by a direct
popular vote
The
first Tuesday
following the first
Monday in November
of even numbered
years
Question

Why have elections every two
years for Representatives?
Objective
Explain the explicit and implicit
organizational structures of
Congress
House of Representatives
Representation
Census- every ten years (next is 2020)
The Legislative Branch

Reapportionment
 Article
I of the Constitution directs
Congress to reapportion—
redistribute—the seats in the
House after each census.
 The
Reapportionment Act of 1929
set the “permanent” size of the
House at 435 members, and
provided for “automatic
reapportionment.”
The Legislative Branch
Districts
are redrawn as states add/lose
representatives
State
legislatures draw these new
districts
 What
is the potential problem here?
The Legislative Branch
The Legislative Branch

Gerrymandering –
Drawing districts to
create an advantage
for the party in power

Wesberry v. Sanders
(1964) – This is
unconstitutional!
House of Representatives

Speaker of House: leader of house, a
caucus (closed meeting) of majority
party chooses speaker, entire house
approves.
1.
2.
3.
4.
5.
Decide order of recognition
Appoints members to some committees
Refers Bills to proper committee
Next in line behind V.P. to President
Votes in a tie
House of Representatives

House Floor Leaders

Majority Leader:




Plans legislative program
Steers bills through the House
Oversee leaders of the
committees.
Majority Whip:

Monitors how reps. will vote &
encourages them to vote with
the party
House of Representatives

Majority Leader:
Eric Cantor (R)

Minority Leader:
Nancy Pelosi (D)
The United States Senate
The Senate

Requirements:
30 years old
Citizen 9 years
Legal residents of the
state
The Senate

2 Members per state

Elected for six year
terms
 Elections
are staggered
so that only 1/3 are up
for reelection at one
time.
The Senate

Originally elected
by state legislatures

17th Amendment =
Senators elected by
a direct popular
vote
The Senate

President of the Senate – Vice
President
 Cannot
debate
 Cannot vote unless there is a tie

VP does not attend unless a
tie is expected

President pro tempore –
usually the member of the
majority party with the most
seniority
The Senate

Filibuster- To
prevent a vote by
continuing to speak.

3/5 majority can
stop the filibuster
(cloture)
Both Houses

Legislative Immunity – The Constitution gives
members of Congress certain privileges to enable
Congress to function properly.
 Members
may not be taken to court for anything they say
while Congress is meeting.
 Members
may not be arrested for minor “breaches” of
the law while performing official Congressional business.
Both Houses

Congressional Discipline –
“Code of Ethics.” Each
house is responsible for
disciplining its own
members.
 Reprimand
– needs majority
vote – (least severe discipline)
 Censure – needs majority vote
 Expulsion – needs 2/3 vote
(most severe discipline)
The Legislative Branch
The Legislative Branch
Sec. 5—Staff and Support Agencies


Personal vs. Committee Staff
Support Agencies




Library of Congress
Congressional Budget Office
General Accounting Office
Government Printing Office
The Legislative Branch

Congressional Discipline – The members of Congress
create and abide by a set of rules called the “Code of
Ethics.” Each house of Congress (House of Representatives
and Senate) is responsible for disciplining its own
members.



Reprimand – needs majority vote – (least severe discipline)
Censure – needs majority vote
Expulsion – needs 2/3 vote (most severe discipline)
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Chapter 2 section 4 Creating the Constitution