WARM-UP
 Did
we keep the Articles of Confederation?
Why or why not?
 Did we create a strong central government?
Why? What powers does the central
government have?
 Did we establish a leader? Did we call him
king? What did we call him? What if he gets
too powerful? What can the leader do? How
do we make sure he isn’t tyrranical?
CONSTITUTIONAL CONVENTION & THE 3
BRANCHES OF GOVERNMENT
THE PHILADELPHIA CONVENTION

The Constitutional Convention (May-Sept. 1787)

Purpose: Meeting to fix the Articles of Confederation

How Conducted: 12 States represented (55 delegates)
Rhode Island refused

Leader: George Washington elected president of the
convention

John Adams, Ben Franklin, Alexander Hamilton, James
Madison all present (no Jefferson)
JAMES MADISON
After short debate,
delegates agree to
scrap the AOC
 “The Father of the
Constitution”
 Primary writer

PROBLEMS AT CONVENTION
1.
2.
3.
4.
5.
Representation
Slavery
Executive Branch
Trade
Checks and Balances/Separation of Powers
CONSTITUTIONAL COMPROMISES
1.
Representation
*Virginia Plan – Representation based on
population
*Bicameral -- 2 house legislative branch
* “Big State Plan” – unfair to small states
* New Jersey Plan – Equal representation
* Unicameral – 1 house legislative branch
* “Small State Plan” – unfair to large population
states
THE GREAT COMPROMISE


The “Connecticut”
Compromise, written by
Roger Sherman of
Connecticut
Structure: Bicameral
legislature (2 houses)


One house based on
population (House of
Reps)
One house based on
equal representation
(Senate)
OTHER COMPROMISES
2.
Slavery
*3/5 Compromise – of every 5 slaves, three
counted toward population
What would the free states have wanted?
What would the slave states have wanted?
ELECTORAL COLLEGE
Would we have a president?
 How do we pick the president?
Executive Branch
*Electoral College – our method for electing a
president

RATIFICATION (PASSAGE)




9/13 states must ratify to pass
DE, NJ, GA, CT 1st to adopt
PA 1st Large State
MA, MD, SC, NH
June 21, 1788 – Constitution is officially adopted
*NY, VA, RI, NC adopt because they have no choice!
FEDERALISTS VS. ANTI-FEDERALISTS


1st 2 political parties
Federalists – supported the new Constitution




Alexander Hamilton, James Madison, John Jay
Write Essays under penname Publius (Federalist Papers)
Argue for the new constitution
Anti-Federalists – wanted more protections for
individual rights (AKA Democrat-Republicans)



Patrick Henry, Samuel Adams, Richard Henry Lee
Write papers known as the Anti-Federalist Papers
Argue for individual rights
WHAT WAS MISSING?
Will not
be
added
until
1796
THE BILL OF RIGHTS (1791) – WASHINGTON’S
MAJOR ACCOMPLISHMENT

1. RAPPS





Freedom of Religion,
Assembly, Press, Petition,
Speech
2. Right to Bear Arms
3. No Quartering of
Soldiers
4. No illegal Search and
Seizure
5. No Double Jeopardy,
Self Incrimination,
Eminent Domain, etc…





6. Speedy Public Trial,
Lawyer
7. Trial by Jury
8. No Cruel/Unusual
Punishment or Excessive
Bail or Fines
9. Constitution is not a
limited document
10. Reserved Powers
Picture courtesy of www.damchicago.com
BACK TO PHILOSOPHY
Montesquieu: “Spirit of the Laws”
 Believed that there are 3 types of gov’t:


Republic (democratic or aristocratic),
Monarchy, and Despotism (dictator)

That is order to have the best gov’t, power
should be separated within gov’t
INTRODUCTION
U.S.
Constitution divides
powers among three branches
“Separation of Powers”
Why
was this done?
SEPARATION OF POWERS
 Limits
government
powers
 Prevents any one
branch from having
too much power
THREE BRANCHES OF
GOVERNMENT
Legislative
Executive
Branch
Branch
Judicial Branch
What does each branch do?
THREE BRANCHES OF
GOVERNMENT
Legislative
Branch – makes the
nation’s laws
Executive Branch – carries out
the laws
Judicial Branch – interprets the
laws
3 Branches of Government
Executive
Branch
Legislative
Branch
President &
Vice President
Congress
Advisors &
Appointees
Senate
Judicial
Branch
Supreme Court
House of
Representatives
Federal Court
System
LEGISLATIVE BRANCH
Article
1 of the Constitution
Congress – law-making branch
Two houses
Senate
House of Representatives
Picture courtesy of en.wikipedia.org
EXECUTIVE BRANCH
 Article
2 of the Constitution
 Executes, or carries out, nation’s
laws
 President, Vice President,
appointees & advisors
Photo courtesy of www.john-daly.com
JUDICIAL BRANCH


Article 3 of the Constitution
U.S. Supreme Court & federal court
system
Interprets laws
2. Punishes law-breakers
3. Determines if laws
are constitutional
1.
Photo courtesy of web.utk.edu
CHECKS & BALANCES
Each
branch has its own powers
Yet, no branch can become too
powerful
How does the Constitution
balance the powers?
CHECKS & BALANCES
Each branch
has powers to
check, or limit,
the powers of
the other 2
branches
HOW DOES THIS WORK?
Congress
has power to make
laws
President has power to veto, or
turn down, proposed laws
President can check power of
Congress
CAN CONGRESS CHECK THE
PRESIDENT’S POWER?
Congress
can override,
or pass a law over
President’s veto
2/3 majority vote in
both houses needed
IS THE SUPREME COURT
INVOLVED IN LAW-MAKING?
Supreme
Court can check
the powers of Congress
and the President
Interprets laws
Determines if laws are
constitutional
WRAP-UP
1.
2.
3.
4.
What are the three branches of
government?
What are the primary responsibilities
of each?
Why does the U.S. Constitution
provide for a separation of powers?
How does the system of checks and
balances work?
Homework:
Think of 3-5 things you would
add, remove, or change in the
U.S. Constitution. Nothing
needs to be turned in yet, just
reflect on what you think
needs to be addressed and
come in tomorrow with some
ideas.
Photo courtesy of www.usconstitution.com