Ch. 3
The Road to the
Constitution
A Distinguished Gathering
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After years of living under the Articles of
Confederation, (which were flawed in
various ways) it was time to switch from a
loose confederation of states to a strong,
unified national government
Each state was asked to send delegates to
a convention in Philadelphia, PA
A Distinguished Gathering
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Only Rhode Island refused to send
delegates, because it strongly opposed a
stronger central government.
The Convention began on May 25, 1787
The delegates were extraordinary men
with a vast array of background
A Distinguished Gathering
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Most of the 55 men were well-educated and experienced
in politics, law, business, military, and medicine.
-
41 were part of the Continental Congress
8 had signed the Declaration of Independence
2 would become President of the United States
19 would become U.S. Senators
13 would become U.S. House of Reps.
4 would become Federal judges
4 would become Supreme Court justices
7 would become Governor of their states
A Distinguished Gathering
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Of these distinguished
men, not one was a
- Native American
- African American
- woman
Benjamin Franklin,
delegate from PA, was
the oldest delegate
present at the age of 81.
A Distinguished Gathering
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A few notable people were not in attendance at
the Convention:
- Thomas Jefferson (Paris) and John Adams
(London) were representatives of the American
government in Europe
- Patrick Henry, elected as a delegate from VA,
refused to attend because he was against the
convention.
A Distinguished Gathering
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One of the first key
decisions that was made
early was to unanimously
select George Washington
to preside over the
convention.
Washington was chosen
to make sure the
meetings ran in a orderly,
efficient manner
A Distinguished Gathering
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1.
Washington chose a committee to set rules for
conducting the convention:
Any decisions would be made by majority
vote:
- each state having one vote, no matter how
many delegates represented that state.
- a simple majority would be sufficient ( 7
votes would decide an issue)
A Distinguished Gathering
2.
All work done by the delegates at the
convention would be kept secret:
- this made it possible for the delegates
to speak freely
- public not allowed to attend; doors
guarded, windows kept tightly shut
- no outsiders were allowed to know what
was going on.
A Distinguished Gathering
3.
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No formal records were kept
- most of what is known of the
convention comes from a personal
notebook from James Madison
Once discussions began, it was quickly decided
that just changing the Articles of Confederation
was not enough.
Too weak to deal with the challenges of a
newly formed nation.
A Distinguished Gathering
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A new plan had to be drafted from the
ground up and this meeting would come
to be known as the Constitutional
Convention
Creating the Constitution
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Roger Sherman was determined to come
up with a framework of government that
all states could accept.
May 29, 1787, shortly after the convention
began, James Madison and delegates from
Virginia designed a plan for government
called the Virginia Plan
The Virginia Plan
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The Virginia Plan called for a government
with:
- 3 branches of government: legislative
branch (makes laws), executive branch
(enforces laws), and judicial branch
(interprets laws)
- legislature would be bicameral
- states represented by basis of population
The Virginia Plan
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This plan appealed to large states such as
Massachusetts, New York, Virginia, and
Pennsylvania.
Large states would have more votes than
smaller states
Small states feared a government dominated by
large states would ignore their interests
The New Jersey Plan
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After two weeks, William Patterson came up with
an alternative plan called the New Jersey Plan
Also called for a government with:
- 3 branches of government: legislative,
executive, and judicial
- legislature would be unicameral; each state
gets one vote
- equal representation and power to both large
and small states
The New Jersey Plan
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Each state gets one vote in the legislature
The same as it was in the Articles of
Confederation
States such as Delaware, New Jersey, and
Maryland liked this plan; more power to
the smaller states
The Great Compromise
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After six weeks of negotiations, Roger
Sherman, delegate from Connecticut,
came up with a plan of his own.
The Connecticut Compromise or Great
Compromise took parts of both plans
and created a plan that both sides could
live with
The Great Compromise
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This plan consisted of:
- 3 branches of government
- legislature would be bicameral
- states would have equal representation
in the Senate (small states)
- In the House, representation would be
based on population of the state (large
states)
Roger Sherman
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Sherman’s greatest contribution--and the best known-was the “Connecticut Compromise” he proposed at the
Constitutional Convention: by proposing that Congress
have two branches, one with proportional, one with
equal representation, he satisfied both the small and the
large States, providing a solution to one of the most
stubborn problems of the Convention.
Three-Fifths Compromise
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The Great Compromise settled the structure of Congress,
but there was question still about how you calculate
population for representation
Southern states wanted to count enslaved African
Americans as part of their population in determining
representation in the House of Representatives
If this were allowed to occur, the Southern states would
increase their voting power in the House. The Northern
states did not have as many slaves so naturally they
opposed this plan.
Three-Fifths Compromise
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In the Three- fifths compromise,
delegates agreed that every five enslaved
persons would count as three free persons
for determining congressional
representation.
Other Compromises
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Northern states wanted Congress to be
able to regulate foreign trade and trade
between the states.
Southern states feared this would lead to
taxation of exports
Also feared that the slave trade would be
tampered with.
Other Compromises
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Southern plantations depended on the
labor of slaves; Congress would stop slave
traders
Eventually agreed to let Congress regulate
trade on two conditions:
- Congress could not tax exports
- would not interfere with slave trade
before 1808.
Other Compromises
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Delegates disagreed on whether Congress or the
voters should choose the President of the United
States
The solution was the Electoral College, a
group of people named by each state legislature
to select the President and Vice President
Today, the voters in each state, not the
legislators, choose electors
Approving the Constitution
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The last gathering in Philadelphia took
place Sept. 17, 1787.
Ideas had to be put on paper and be
signed for the U.S. Constitution to be the
law of the land.
Ratification, or approval required at least
9 of 13 states to vote yes.
Approving the Constitution
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Americans reacted to the proposed Constitution
in different ways.
Supporters of the Constitution called themselves
Federalists to emphasize that the Constitution
would create a system of federalism, a form of
government in which power is divided between
the federal government and the states
Argued for a strong, central government
Approving the Constitution
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Federalists wanted to remind Americans of the
flaws in the Articles of Confederation.
In a series of essays known as The Federalist,
Alexander Hamilton, James Madison, and John
Jay argued that the U.S. could not survive
without a strong central government.
Madison argued in The Federalist, No. 10, that a
large republic would better guard against
“factions” or special interests than smaller
republics or individual states
Approving the Constitution
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Opponents of the Constitution, the AntiFederalists, wanted more power for the
states and less for the national
government.
Also wanted a bill of rights to protect the
people’s individual freedoms that were
gained during the Revolutionary War
Approving the Constitution
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Both sides agreed that a bill of rights was necessary.
Federalists promised that if the new Constitution was
adopted, the new government would add a bill of rights
to it.
The promise turned the tide, The Constitution took effect
on June 21, 1788, when New Hampshire became the
ninth state to ratify it.
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Rhode Island, the last state to sign 1790
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States are United
The Structure of the Constitution
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The main purpose of the U.S. Constitution is to
provide a framework for government, but it is
also the highest authority in the nation
The powers of all the branches come from it
It has three main parts: the Preamble, Articles,
and the Amendments
Preamble
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The Preamble states the goals and
purposes of the government
The first part makes clear that
government gets its powers from the
people and exists to serve them.
The Preamble states six purposes
Preamble
1.
“To form a more perfect Union”
2.
“To establish Justice”
3.
“To ensure domestic Tranquility”
4.
“To provide for the common defense”
5.
“To promote the general Welfare”
6.
“To secure the Blessings of Liberty to ourselves and
our Posterity”
Articles
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The seven Articles (I – VII) in the
Constitution explain how government is to
work.
The first 3 articles describe the powers
and responsibilities of the three branches
of government.
Articles
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Article I
describes the legislative
branch as 2 houses with
law making authority
It describes how
members will be chosen
lists specific powers that
they do and do not have
Articles
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Article II
establishes the executive branch, headed by a president and vice
president
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explains how these leaders will be elected and can be removed
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describes their powers and duties
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Articles
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Article III
establishes the judicial branch to interpret and apply the laws
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calls for Supreme Court and lower courts
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describes the powers of federal courts; lists the cases they have
jurisdiction over
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Articles
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Article IV
explains how states must respect one
another’s laws or court decisions.
explains the process of creating new
states
Articles
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Article V
specifies how the Constitution will be
amended
as the world changes, people knew that
laws would have to be changed as well.
Articles
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Article VI
Declares that the Constitution is the
“supreme Law of the Land”
states how if federal law and state law
conflict with one another, federal law will
always prevail over state law
Articles
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Article VII
states that the Constitution would take
effect when nine states ratify it.
Amending the Constitution
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Any change to the U.S. Constitution is
called an amendment.
Since 1787, the Constitution has only been
changed 27 times.
The first ten amendments are known as
the Bill of Rights
Amending the Constitution
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It has only been changed 27 times because the
founding fathers wanted to make sure that
Constitution could not be altered without
overwhelming support of the people.
Changing even one small detail could have
dramatic effects throughout the government.
It is a very delicate, balanced document
Amending the Constitution
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Sometimes though amendments have to
be made for the good of the country
Ex. 15th Amendment, 16th Amendment,
19th Amendment
Very important for the running of our
country
Amending the Constitution
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The amendment process actually involves
two steps: proposal and ratification
Most commonly an amendment is
proposed by 2/3 of both houses of
Congress (Senate and House of Rep.)
Ratified or approved by 3/4 of 50
state legislatures
Amending the Constitution
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Proposal
2/3 of both houses of
Congress
Ratification
3/4 of 50 state
legislatures
MOST COMMON
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Proposal
by National Convention
called by 2/3 of 50 state
legislatures
Ratification
3/4 of ratifying state
conventions held in 50
states
Only done once (21st
amendment)
Interpreting the Constitution
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The founders knew that the world would
change in ways they could not predict
This is why the Constitution was made as
a general document and open to
interpretation.
Interpreting the Constitution
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Article I, section 8, clause 18 gives
Congress the power to “make all Laws
which shall be necessary and proper” to
carry out its duties
This “necessary and proper” clause allows
Congress to exercise implied powers not
specifically listed in the Constitution
Interpreting the Constitution
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Americans disagree on what laws are “necessary
and proper”
People with loose interpretation believe
Congress should be allowed to make laws not
specifically forbidden by the Constitution
People with strict interpretation believe Congress
can only make the kinds of laws mentioned by
the Constitution
Interpreting the Constitution
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The Supreme Court has the final authority
on interpreting the Constitution
Any new interpretation, whether strict or
loose, changes our government
Interpreting the Constitution
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Actions by the Legislature and the
President have also caused new
interpretations of the U.S. Constitution
Ex. William Henry Harrison---25th
Amendment
Customs have also changed the
interpretation of the Constitution
Ex. political parties
Principles Underlying the
Constitution
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The framers had a common vision for
government: It should be representative
of the people and limited in scope
Power should be divided among different
levels; not in a single authority
Principles Underlying the
Constitution
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1.
2.
3.
4.
5.
To achieve these ends, the framers embraced
5 principles as the backbone of the
Constitution:
Popular sovereignty
Rule of law
Separation of powers
Checks and balances
federalism
Popular Sovereignty
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popular = the population or public
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Sovereignty = the right to rule
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Article IV guarantees a republic, in which supreme power
belongs to the people.
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The people express their will through elected
representatives
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Provisions such as the right to vote, ensure popular
sovereignty
Rule of Law
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The framers believed that government should be
strong but not too strong
The Constitution sets limitations by stating what
government may and may not do.
Government is also limited by rule of law, which
means that the law applies to everyone even
those who govern; no one can escape the laws
reach
Separation of Powers
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To keep any one person or group from becoming too
powerful, the framers divided government into three
branches with different functions
They were influenced by an enlightenment philosopher
from France, Baron de Montesquieu
He agreed that the best way to protect liberty was
through the separation of the functions of government
This split of authority among the legislative, executive,
and judicial branches is called separation of powers
Checks and Balances
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Checks and Balances keep any one branch
from becoming too powerful.
Each branch can check or restrain the power of
the others
The president can veto laws
Congress can block presidential appointments
Supreme Court can overturn laws if they are
contrary to the Constitution
Federalism
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Under Federalism, power is shared by the
national government and the states.
Americans must obey the laws of both
In setting up a federal system, the writers
of the Constitution divided the powers of
government into 3 types…
Enumerated Powers
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Enumerated powers, or expressed
powers are powers the Constitution
specifically grants to the national
government
Ex. Raise and support an army
Coin and print money
Reserved Powers
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Powers not given to the national
government and kept by the states are
reserved powers
ex. Establish public school system
conduct elections
Concurrent Powers
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Powers that both levels of government can
exercise are called concurrent powers
Ex. Establish courts
collect taxes
Federalism
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When national and state laws conflict, the
Constitution is the final authority.
Article VI Constitution “shall be the
supreme law of the land”
Neither national or state governments may
act in violation of it.
Federalism
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The U.S. Constitution is both durable and
adaptable.
It provides the government sufficient
power to keep order, protect, and defend,
yet sets limits to avoid tyranny.