G. The Constitution of the United States
I. The Constitutional Convention, 1787
-The Convention met in Philadelphia on May, 25, 1787 with 55
delegates.
-The President of the Convention was George Washington
-Other delegates were; James Madison, Ben Franklin, George
Mason, Roger Sherman, Elbridge Gerry, James Wilson. (Jefferson,
Adams, Henry, Hancock,
were not in attendance)
-The goal of the Convention was to create a strong central
government, yet avoid the idea that it was a monarchy or
absolute rule government.
-Originally the idea of the convention was to revise the
Articles
II. *The Virginia Plan:
-Originally the idea of James Madison and Gov. Edmund Randolph
-The plan called for a new government, rather than amending the
Articles.
-Proposes the following steps;
1. A Bicameral Legislature (Two Houses): with representation
based on a state's population.
-The lower house would be elected directly by the people.
-the upper house would be chosen by members of the lower house.
2. An Executive Branch:
-Chosen by the legislature for an unspecified term and
ineligible for reelection.
3. The Judicial Branch:
-Consisting of one or more supreme courts and such inferior
courts as the legislature might create.
III. *The New Jersey Plan:
-Presented to the Convention by William Paterson
-The plan called for changes in the Articles, rather than the
creation of a new government.
-The smaller states argued that representation based on
population would always allow the larger states to outvote or
overrule the smaller states.
-The larger states argued that equal voting rules created in the
Articles left the larger states underrepresented.
-The New Jersey Plan proposes;
1. A Unicameral Legislature: Each state gets one vote.
2. The powers of Congress are to be increased to include the
power to tax, regulate commerce, and raise an Army.
3. The Executive Branch: The President does not have veto power
and is subject to state controls.
4. The Judiciary: Has the power to hear cases appealed from the
State courts.
IV. *The Connecticut Plan or "Great Compromise":
-Presented on July 12th, by Roger Sherman of Connecticut.
1. Provides Congress with a Bi-Cameral Legislature; The House &
Senate.
-Representation in the House is based on a State’s population
-Representation in the Senate is based on each State getting an
equal number of votes (2)
-All appropriation bills must be introduced in the House, the
chamber of direct representation of the people.
-Congress has the rights of taxation, regulation of commerce
(imports, trade between the states), and right to raise an Army
added to its powers.
2. The Executive branch:
-There would be a Chief Executive who would have veto power, yet
his veto could be overruled by 2/3 majority in both houses of
Congress.
3. The Judiciary:
-There would be a Supreme Court which would be the highest court
in the land, and have the power to hear appeals from State
Courts.
V. The Slave Issue and the 3/5's Compromise:
-When the Northwest Ordinance of 1787 had been created, the
spread of slavery was not allowed in the 5 new states created
(OH, IN, IL, MI, WI)
-Southern states looked to extend slavery in western states
which were rapidly approaching statehood.
-When it came to determining representation in the House, the
Southern
States wanted their slaves to be counted as persons, but only
for representation not for taxation purposes.
-Northern States argued that slaves were treated as property,
and therefore were not to be counted as Free Persons, which
limited the number of Southern
representatives in Congress.
-*Congress negotiated the 3/5's Compromise: Three-Fifth's of the
slave population was to be counted for representation and
taxation purposes.
-Congress also agreed to have a census taken every 10yrs. to
determine the accurate population of each state, and to
determine a state's representation in Congress.
VI. Banning the Slave Trade & Fugitive Slave Clause:
-Tied to the 3/5's compromise, Congress agreed to pass no laws
for the next 20yrs prohibits the importation of slaves to the
United States.
-The importation of slaves became illegal after 1808.
-Congress also passed a Fugitive Slave Clause which declared
that slaves who ran away to free states, should be brought back
to their owners
VII. The Presidency:
-Small states wanted a weak Executive chosen by and responsible
to the legislature.
-The larger states support a strong Executive selected directly
by the people.
-Representative James Wilson developed the following compromise;
1. The people of each state would choose presidential electors
based on a winner take all scenario.
2. The Presidential electors would meet to decide the President,
creating the Electoral College
-The purpose of the electors was based on the idea that the
general public were uneducated and would elect someone president
who might become a king or dictator.
VIII. A System of Checks and Balances:
-The Power of the United States Government is based upon a
separation of powers.
-Articles I, II, & III (Legislative, Executive, and Judicial) of
the Constitution establish the checks and balances of our
government.
-This balance of power prevents the abuse of power by any one
branch of government.
Article I:
1. The House of Representatives:
-Members must be 25yrs. old
-A Citizen of the United States for 7 yrs.
-Live in the State they represent.
-One term is 2yrs. long
-The Full House is elected every two years.
2. The Senate:
-Members must be 30 yrs. old
-A Citizen of the United States for 9yrs.
-Live in the State they represent
-One term is 6yrs. long
-One third of the Seats are up for election every two years.
Delegated or Enumerated Powers of Congress:
-Powers which belong only to Congress
-The first 17 Clauses of Article I detail the powers of
Congress.
1. Levying and collection of taxes, 2. borrowing money, 3.
coining money, 4. regulating interstate and foreign trade, 5.
granting patents/copyrights6. Creating courts below the Supreme
Court, 7. Using state militias to execute the laws of the
nation, 8. Establishing the Post Office,
9. Naturalizing citizens, 10. Controlling Federal Property,
Concurrent Powers of Congress:
-Powers shared between the Government and the States
11. Lay and Collect taxes, 12. Charter Banks,
13. Take property for public use, 14. Borrow Money, 15. Enforce
laws, 16. Establish courts, 17. Provide for the General welfare
of the public.
Prohibited Powers of Congress:
-Congress MAY NOT have the following powers
1. The right to suspend the writ of habeas corpus
2. Tax exports
3. Show preference of one state over another
4. To take money from the treasury without right by law
5. To pass bills of attainder
6. To pass ex post facto laws
7. To grant titles of Nobility
8. To deprive persons of life, liberty, or property without due
process of
law.
**The Necessary and Proper Clause**:
-Known as the "Elastic Clause"
-This law allows Congress to "make all laws necessary and proper
for carrying into execution the foregoing powers."
-Congress has the right to create laws which may be needed at a
future date.
Article II: The Executive Branch:
-The President must be a Natural Born Citizen
-The President must be 35yrs or older
-The President must reside within the United States
-No President may serve more than two terms (8yrs)
-The President is INDIRECTLY ELECTED to the office, chosen by
the Electoral
College.
-Originally the President and Vice President were not allowed to
reside from the same state, due to a worry that one State would
gain too much power in the country.
-Presidential Election is held on the first Tuesday after the
First Monday in November.
Powers of the President:
1. President is Commander and Chief of the Military
2. President may sign treaties
3. President may offer pardon and reprieve to individuals
4. President must present the State of the Union to the nation
each year
5. President may veto legislation
6. President may call special sessions of Congress
7. President may propose laws
8. President may make appointments to the Supreme Court and
other Federal
Courts.
Article III: The Judiciary:
-Appointed by the President of the United States
-No age requirement
-A Legal background is not required
-No citizenship required
-No term limits (Judges sit for life, or until they retire or
are impeached)
-9 Justices sit on the Supreme Court
-The Supreme Court is the highest Court in the land
-The Supreme Court is the only Court mentioned in the
Constitution
-The lower courts were created by Congress in the Judiciary Act,
1789
Powers of the Supreme Court:
1. The Supreme Court may declare laws of Congress
Unconstitutional
2. The Supreme Court may declare Executive Acts Unconstitutional
3. The Supreme Court justices are immune from Executive and
Legislative
Control because they are appointed to the bench for life.
4. The Supreme Court may hear appeals from Lower Courts
Congress may overturn the Supreme Court by passing an Amendment
to the Constitution with 2/3rds of the State Legislatures voting
in favor of the law.
IX. Federalism:
-The Concept of distributing powers of government between one
central or national government, and the governments of the
states.
1. The People of the State may appeal to the State Legislature
or directly to the Federal Government.
2. The State must follow and acknowledge the National Government
is more powerful
3. The National Government must rely on the people and the
States to survive.
X. Federalists vs. Anti-Federalists:
-Those who supported a Strong Central Government and
ratification of the Constitution are called Federalists.
-Important Federalists are; Alexander Hamilton, James Madison,
Ben Franklin,
Roger Sherman, John Adams, George Washington
-*In order to gain support for their cause Hamilton and Madison
publish 85 essays in the local news papers under the signature
"Publius".
-These essays are called the Federalist Papers.
-Those who support the Federalists are generally well educated,
live in cities, and large states.
-Those who support power in the hands of the states are called
Antifederalists,
-Important Antifederalists; Thomas Jefferson, Richard Henry Lee,
George Mason
-Worried that there was too much power in the hands of the
Federal Government.
-Developed in the small states, and territories in rural part of
each state.
-Generally made up of farmers against a strong central
government.
-Antifederalists refuse to join in with the Constitution until a
Bill of Rights would be added to the constitution.
-It takes 9/12 states to ratify the Constitution, Rhode Island
refuses to join in with the people.
-Each state holds a Constitutional Convention to ratify the
Constitution.
-Delaware is the First State to ratify the Constitution.