The Three Fifths Compromise, or Federal ratio, was a document that
assured the House of Representatives would maintain 47% southern
representatives.
The name was derived from the political idea that slaves were not full
citizens and could not cast votes equal to white people. However, in
order for the House of Representatives to keep track of each
state’s individual populations, the enumerated population of slaves
would be accounted for three-fifths of a person.
This compromise was intended to serve as a guideline for taxation
purposes and appointment of representatives in the House.
The Three Fifths Compromise also raised the southern state’s power in
the House enough to prevent attacks on slavery but not enough that
the north would be influenced into condoning slavery as well.
* Created at the Philadelphia Convention of 1787
* Proposed by delegates James Wilson and Roger Sherman
Separation of Powers
Separation of Powers refers to the separation of the government and
what responsibilities they have.
There are three branches of government:
-Legislative, makes laws and handle the money the government needs to
run.
-Executive, responsible for making sure the laws the legislative branch
put through are implemented.
-Judicial, responsible for interpreting the Constitution and laws brought
before them.
Each of these branches have different responsibilities and powers. The
term “separation of powers” is often confused with “checks and balances”
which makes sure that each branch of the government doesn’t overstep
their powers.”Separation of powers” refers to the “what”; “checks and
balances” refers to the “how”.
Checks and Balances
Book definition:
A constitutionally mandated structure that gives each of
the three branches of government some degree of
oversight and control over the actions of others
BASICALLY...
The “checks and balance” system was created to make
sure that one branch of government wasn’t too powerful
or do something unruly.
Example: Veto
The Executive branch can create a law, but if the
president doesn’t agree with it, he or she can veto it.
**This is different from separations of powers. Checks and balances make sure that the
three branches do their jobs while separation of power lay out what each branch is
responsible for.
**
Federal System
● the system of government
chosen by the Framers
In this system, the
government is divided
into two parts:
1. A strong national
government
2. The government of
the individual states
The national government is always supreme. This
comes from the belief that government power
comes from the citizens.
Enumerated Powers
Definition: 17 distinct powers that were given to
Congress under Section 8 of the 1st Article of the
Constitution.
● These powers were previously denied under the Articles of
Confederation, for fear that Congress would be granted too much
authority.
● The enumerated powers include:
- the power to regulate commerce with between states, and
within foreign nations
-the authority to coin money
-the ability to raise and support armies
-the ability to create post offices and post roads
-the ability to promote the Progress of Science and useful Arts
-also includes the Necessary and Proper Clause
Necessary and Proper
Clause
This clause was added to article 1 to make
all laws that shall be deemed necessary.
1. Often referred to as the
elastic clause because it has
the power to change.
3. Has been used to create
laws that regulate the
environment, welfare
programs, education, and
communication
2. A clause that allows
the government to
make laws on any
subject not discussed in
the Constitution
Implied Powers
Implied Powers from
Ÿ
enumerated powers and the
necessary and proper
clause.
Ÿ
Considered reasonably implied
Ÿ
through the exercise of
delegated powers.
Ÿ
ŸThe proper clause is the basis
for the Implied Powers that
congress uses to execute its
Full Faith and Credit Clause
● Definition- Part of the Constitution that requires states to respect the
laws and court decisions of other states.
● Purpose- To make government run smoothly and to prevent future
issues between states.
● Makes states respect one another and honor their decisions
without question.
● Article IV is also responsible for explaining how new states
are created and admitted.
Cindy Snyder, Period 3
Supremacy Clause
• Portion of Article VI of the Constitution that asserts national laws
and treaties take precedence over state laws and constitutions.
• “Supreme law of the land”
• All national and state officers and judges are bound by national law,
and must take an oath to support the federal Constitution.
• Without the supremacy clause, the national government would have
no enforceable power.
• It also specifies the separation between church and state and how a
religious test shall not be required for holding office, which was
established to prevent future problems if church and state became
too close.
FEDERALISTS
● believed that by creating a stronger national government, the Constitution
would enable the U.S. to survive among the competing powers of Europe
and provide a surer safeguard for liberty at home
● Notable Federalists
include:
● Federalists were in favor of a
significant federal
involvement in state as well
as national affairs
Alexander Hamilton
John Adams
● Above all, were in favor of a strong federal
government presence in the nation.
Anti-Federalists
* Those who favored strong state governments and
a weak national government
* Opposed ratification of US government
Why Oppose Ratification?
* Feared that chief executive would abuse power
Who were they?
* George Mason
* Patrick Henry
* Elbridge Gerry
Federalist Papers
-The Federalist Papers were a total of 85 essays
that explained what the Framers’ intentions
were for the Constitution. The writers wanted
to secure its ratification by writing about the
Articles of Confederations faults and this new
constitution’s strengths.
-Writing under the alias “Publius,” Latin
for “the people,” Alexander Hamilton wrote 51,
James Madison wrote 26, together they wrote
three, and John Jay wrote five of the articles.
-The three wrote to newspapers all over New
York between October 1787 to May 1788.
-Anti-Federalists struck back with their own
essays under the names Cato and Brutus,
ancient Romans intolerant of tyranny.
Bill of Rights
The first ten amendments to the United States Constitution,
which largely guarantee specific rights and liberties.
Ratified by 1791
Sought by Anti-Federalists as a protection for individual liberties
-offered specific limitations on the national government’s ability to interfere
with personal liberties
Protection of personal rights:
-First Amendment- freedom of expression, speech, press, religion, and
assembly
Amendment created in reaction to British rule:
-Second Amendment- the right to bear arms
-Third Amendment- the right not to have soldiers quartered in private homes
Other rights guaranteed:
-Ninth Amendment- these enumerated rights are not inclusive, meaning they
are not the only rights to be enjoyed by the people
-Tenth Amendment- powers not given to the national government are
reserved by the states or the people
Contained safeguards for those accused of crimes:
-Amendments Four through Eight
Amendment
An amendment is a minor
change of a document.
● An amendment must be ratified before it can be
used.
● There are two steps in the ratification process
that include:
○ A favorable three fourth vote of the state
legislatures
○ A favorable vote at a ratifying convention in
three fourth of the states
● An example of an amendment is the 21st
(repealed the 18th amendment) amendment
which repealed the 18th amendment (outlawing
the sale of alcohol) in the Constitution.
Ratification
PROCESS:
-The smaller states like Delaware and New Jersey ratified the constitution
before the larger states could change their minds on the equal representation in the
Senate. (then PA and MA)
- New Hampshire was the critical 9th state to ratify on June 21, 1788. Two
largest states (NY and VA) had not ratified the constitution yet and the race was on
to convince the majority in each state to ratify.
-Some states like NC and RI were very firm about their stance. They refused
to ratify the constitution because it neglected to include ANti-Federalist views.
-Bill of Rights was submitted for the states ratification. When there were
threats of the largest cities threatening to succeed, the legislature called a
convention which ratified the Constitution by two votes.
How it Applies Us In the Present Day
-think about how differently it could have worked out had the states
not ratified the Constitution in the order they did and for the
reasons they did
-Federalists at the time would have said that if the Constitution was
not ratified, there would be chaos and no structure to the lives
and governing of the people
How the States
Were Divided