Transcript Constitutional Convention

Constitutional
Convention
Members
55 delegates
 White
 Males
 Statesmen, lawyers, planters.
bankers, businessmen
 Most under age 50

Absent
John Adams - Ambassador to
England
 Thomas Jefferson – Ambassador to
France
 Patrick Henry – “smelled a rat”
 Samuel Adams – Not chosen by state
to be part of the delegation

Famous Members
James Madison – “Father of the
Constitution”
 Alexander Hamilton – Leader of the
Federalist Party
 George Washington – Chairman of
the convention
 Benjamin Franklin – Oldest member
at 81, was also at the 2nd Continental
Congress
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Principles of the Constitution
Checks and Balances – A political
system in which branches of
government have some authority
over the actions of the other
branches
 Limited Government – The idea that
government is not all powerful, but
can only do what the people allow it
to.
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Principles of the Constitution
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Federalism – The division of power
between a central government and
states
National level
State level
Local level
Principles of the Constitution
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Popular Sovereignty – The people
rule. The power of the government
is based on the consent of the
governed.
Separation of powers – The division
of the government into three
separate branches: executive,
legislative, and judicial.
Agreements and Compromises
All agreed that rights to property
should be protected.
 Ben Franklin proposed universal
suffrage for all males, but most
wanted only those with land to vote
 Most delegates favored a bicameral
legislature

Agreements and Compromises
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Virginia Plan – Favored by large
states
 Written by James Madison
 Endorsed by Alexander Hamilton
 Government with a bicameral legislature
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Large house elected by popular vote
Smaller house chosen by lager house members from
nominees chosen by state legislatures
Number of Representatives based on wealth
Agreements and Compromises
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New Jersey Plan – Favored by small
states
Proposed by William Paterson
Unicameral house
Each state one vote
Did not require a strong central
government
The Great Compromise
Aka: Connecticut Compromise
 Bicameral house – Benefit all states
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One house called Senate
 Members
chosen by the state legislatures
 Each state gets one vote
One house called House of
Representatives
 Members
chosen by population
 Number of members based on population
Agreements and Compromises
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Three-fifths clause
Favors Southern states
All slaves would be counted in the
census for representation in the House
as 3/5ths
Agreements and Compromises
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Electoral College
People chosen by the state legislatures
Vote for president and vice-president
Supposed to reflect the will of the
people
Agreements and Compromises
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Slave and trade compromise
Benefits both North and South
No taxes on exports
No interference with the slave trade for
20 years
Agreements and Compromises
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Amendment compromise
2/3 vote of both houses and ratified by
state conventions of ¾ of the states (used
for 21st amendment)
Proposed by a national constitutional
convention requested by 2/3 state
legislatures and ratified by ¾ state
legislatures (never used)
Proposed by the national constitutional
convention and ratified by ¾ of the
specially formed state conventions
Agreements and Compromises

Informal Amendments – Broad
language allows for interpretation as
things and events change our country
Legislature – “Necessary and Proper”
clause

To make all Laws which shall be necessary and
proper for carrying into Execution the foregoing
Powers, and all other Powers vested by this
Constitution in the Government of the United
States, or in any Department or Officer thereof.
 Planning ahead
Agreements and Compromises
Executive
 Presidents
make executive agreements with
other countries.
 Not a delegated power
 Do not have to be ratified by the Senate
Judicial
 Judicial
review – The power of the court to
interpret the Constitution
 Judicial power to determine if a law is
unconstitutional
Criticism of Founders
Founders interested in protecting
property – their own
 All agreements based on their own
economic welfare
 Most scholars determine that the
criticism is false because the voting
did not follow their own interests but
those of their state
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Criticism of Constitution
Does not protect the rights of the
individual
 Does not protect states rights
 Gives a central authority too much
power
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The Structure of the
Constitution
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The Constitution is broken up into
three main parts.
 What are those parts?
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The Preamble
The Seven Articles
The Amendments
 What are the first ten called?
The Preamble
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The Preamble is a basic introduction to
the Constitution, stating the purposes
of the newly formed United States
government.
 “We the People of the United States, in Order to form a more perfect
Union, establish Justice, insure domestic Tranquility, provide for the
common defense, promote the general Welfare, and secure the
Blessings of Liberty, to ourselves and our Prosperity, do ordain and
establish this Constitution for the United States of America.”
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What are the basic purposes of our
Government that the Preamble states?
Articles of the Constitution
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Basically the body of the Constitution.
There are 7 numbered sections of the
Constitution called Articles.
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Article 1 – Legislative Branch
Article 2 – Executive Branch
Article 3 – Judicial Branch
Article 4 – Relations among the States
Article 5 – Amending the Constitution
Article 6 – National Debts, supremacy of national
law, and oaths of office
Article 7 – Ratifying the Constitution
Articles of the Constitution
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The first 3 Articles deal mainly with the three
branches of the National Government.
 These articles outline the basic organization and
powers of each branch and the methods by which
the members of Congress, the President and Vice
President, and federal judges are chosen.
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Article IV deals mostly with the role of States in
the Union and their relationship with the National
Government and with one another.
Article V explains the amendment process.
Article VI declares that the Constitution is the
nation’s supreme law.
Article VII shows and proves the Constitution’s
ratification.
Amendments to the
Constitution
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There are 27 total amendments to the U.S.
Constitution.
The first 10 are called the Bill of Rights.
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The First Amendment protects the fundamental rights, or essential
freedoms, of the people. (ex. Freedom of speech, religion, etc.)
The 2-4 Amendments grew out of the colonists’ struggles against British
tyranny. (right to bear arms, no housing soldiers)
Amendments 5-8 concern the rights of citizens who are accused of
crimes. (Right to trial by jury, right to lawyer)
The last two amendments limit the powers of the federal government to
those powers granted in the Constitution
The amendment process is so difficult that in the 200
years following the Bill of Rights, only 17 more have
been ratified