Unit 3: The United States
Constitution and
Amendments
Part I – The US Constitution
The Constitutional
Convention
•
•
•
•
When? 1787
Where? Philadelphia
Leader? George Washington
How Conducted? Shhhh –
Secretly
• Original Purpose? Revise the
Articles of Confederation
Constitution
Compromises
• Compromise – A way of
resolving disagreements by
having both sides give a little
and get a little.
The Virginia Plan
• Proposed by James Madison
• Bicameral = Two House
Legislature
• Representation in both houses
based on Population
• Opposed by Small Populated
States
The New Jersey Plan
• Proposed by William Patterson
• Unicameral = One House
Legislature
• Representation equal for all
states
• Opposed by Large Populated
States
The Great (Connecticut)
Compromise
• Proposed by
Roger Sherman
• Structure of
Legislature is
bicameral
• Senate –
representation
based on
equality (2 per
state)
• The H. of Reps –
representation
based on
population
What issue was the
Great Compromise over?
•Representation
Other Compromises
The Three-Fifths
Compromise
• Issue – How to count enslaved
people towards population?
Free States
• Should not count for
purpose of
representation but should
for taxation
Slave States
• Should count for
representation but not for
taxation
3/5ths Compromise
• Every 5 slaves would count as 3
people for representation and
taxation
The Electoral College
• Issue: How should the President
of the United States be elected?
Side 1: By the People
Side 2: By members of
Congress
The Electoral College
• Popular vote chooses
delegates from each
state to select the
President and VP
The Commerce and Slave
Trade Compromise
• Issue – How much control over
commerce (trade) should the
national government have?
Southern States
• Concerned that national
government would tax exports
and stop slave trade if given
control over commerce.
Northern States
• Wanted national government to
control trade in order to tax
imports and felt slave trade
should be stopped
Compromise
• National government can
control trade but:
• Cannot tax exports
• Cannot touch slavery for 20
years
How many states would
need to approve of the new
Constitution in order to
ratify?
•Nine
Ratifying Conventions
• Meeting of specially elected
individuals in a state to vote on
whether that state will accept
the Constitution or not
Why Ratifying
Conventions?
• Supporters believed it was he
only way the Constitution had a
chance.
Who were the
Federalists?
• Those in favor of
the Constitution
• Included large
landowners,
judges, lawyers,
and merchants
Who were the AntiFederalists
• Those against the Constitution
• Included: Patrick Henry, George
Mason, Richard Henry Lee
What were the
Federalist Papers?
• Articles
published in
newspapers
supporting the
Constitution
Who were the authors?
• Alexander
Hamilton
• John Jay
• James Madison
What did the Anti-Feds
demand must be added?
• A Bill of Rights
What did the Anti-Feds
want to ensure would
continue under new
Constitution?
• A Republican form of
government
When was the Constitution
finally ratified?
• 1788
What does the Preamble
to the Constitution do?
• Introduces the
Constitution and
states its goals
Goals of the
Constitution
• To form a more
perfect union
Define:
• Form
• Perfect
• Union
And rewrite the
phrase
Goals of the
Constitution
• Establish
Justice
Define:
• Establish
• Justice
And rewrite the
phrase
Goals of the
Constitution
• Ensure
Domestic
Tranquility
Define:
• Ensure
• Domestic
• Tranquility
And rewrite the
phrase
Provide for the common
defense
• Provide for the
common
defense
Define:
• Provide
• Common
• Defense
And rewrite the
phrase
Goals of the
Constitution
• Promote the
General Welfare
Define:
• Promote
• General
• Welfare
And rewrite the
phrase
Secure the blessings of
liberty to ourselves and
our posterity
• Secure the
blessings of
liberty to
ourselves and
our posterity
Define:
• Secure
• Blessings
• Liberty
• Posterity
And rewrite the
phrase
What do each of the
Articles of the Constitution
establish?
Article
Article
Article
Article
Article
Article
1: The Legislative Branch
2: The Executive Branch
3: The Judicial Branch
4: Relations Among the States
5: The Amendment Process
6 The Supremacy of the
National Government
Article 7: The Ratification Process
Constitution Scavenger
Hunt
• You can win a dozen Krispy
Kreme doughnuts or ….
• What’s behind …..
• DOOR # 1
• OR
• DOOR # 2
What did you choose?
DOOR # 1
• A USED DRY
ERASE
MARKER!!!!!
DOOR # 2
• 5 POINTS
ADDED TO YOUR
NEXT TEST
SCORE!!!
What does the Supremacy
Clause of Article VI
declare?
• That the Constitution is the
Supreme Law of the land.
“Full faith and credit
clause”
• Full Faith and Credit shall be given in
each State to the public Acts,
Records, and judicial Proceedings of
every other State. And the Congress
may by general Laws prescribe the
Manner in which such Acts, Records
and Proceedings shall be proved,
and the Effect thereof
Extradite
• When one state or nation gives
up a fugitive to another
authority
The Amendment
Process
Proposal
Vote of 2/3rds of both
houses of
Congress
Ratify
By 3/4ths of State
legislatures
Proposal
By National
Convention called
by 2/3rds of State
Legislatures
Ratify
By 3/4ths of state
ratifying
conventions
Interpretation
The Necessary and
Proper Clause
• Gives Congress its IMPLIED
powers – powers not
specifically listed in the
Constitution
A.K.A. “The Elastic
Clause”
Court Decisions
Loose Interpretation
Government holds all those
powers not specifically denied
to it by the Constitution
Strict Interpretation
• Government holds only those
powers specifically given to it
by the Constitution
Major Principles of
Constitution
•
•
•
•
•
Popular Sovereignty
Rule of Law
Separation of Powers
Checks and Balances
Federalism
Popular Sovereignty
• Popular = the people
have
• Sovereignty = the right to
rule
The Declaration of
Independence
• “That to secure these rights,
Governments are instituted
among Men, deriving their just
powers from the
Consent of the Governed”
The US Constitution
• “We
the People…..”
Rule of Law
• “In framing a government which
is to be administered by men
over men, the great difficulty
lies in this: you must first
enable the government to
control the governed; and in the
next place control itself.”
James Madison
Separation of Powers
Separation of Powers
• Divide the authority of
government into three different
branches
• Legislative – write the law
• Executive – enforce the law
• Judicial – interprets (judges) the
law
Checks and Balances
• Each branch of government can
limit the power of the other to
prevent any one from
dominating
Identify the following
checks on political power
• Congress can reject Presidential
appointments and treaties
• The President can veto (deny) laws passed
by Congress
• The Supreme Court can declare actions of
the President unconstitutional
• Congress can impeach Judges
• The President can appoint Judges
• Congress can impeach a President
• The Supreme Court can declare actions of
Congress unconstitutional
• Congress can reject the appointment of
Judges
Federalism
National
Gov
State
Gov
Federalism
• System of government in which
power is divided between
national and state governments.
Expressed or
Enumerated Powers
• The powers that are
specifically granted to the
national government
• Article 1 Section 8 Para 1-18
1. Power to tax
2. Power to borrow money
3. To regulate commerce
Reserved Powers
• Powers of the State
Governments
Concurrent Powers
• Powers that both levels of
government can use
Identifying powers of
government
Which level of government has
the authority to do the following
or do you think that they both
can.
• Coin Money
• Regulate Trade
within a state
• Borrow Money
• Enforce Laws
• Declare War
• Conduct
Elections
• Esta. Local
governments
• Establish Courts
• Regulate trade
between the states
and foreign nations
• Provide for the
general welfare
• Collect taxes
• Protect the publics
safety
• Maintain Army and
Navy