Creating the Constitution

Fair Representation in the Legislature

Virginia Plan

• two house legislature (bi-cameral)

• number of representatives based upon population

• lower house would elect upper house

• checks and balances

• supported by large states

Fair Representation in the Legislature

New Jersey Plan• one house legislature (unicameral)• equal number of representatives from all states• each state would have one vote• the house would appoint executive and courts• supported by small states

The Great Compromise

Two House LegislatureSenate: • state legislature chooses senators (has been modified)

• equal representation for each state

House of Representatives: • based upon the population of the state

• voters choose representatives

Counting the Population

Southern States• Wanted slaves counted in the population when figuring out the number of representatives each state should have• Did not want slaves counted for taxes

Northern States

• Did not want slaves to be counted to determine representatives

• Wanted slaves counted for taxes

The 3/5ths Compromise

Compromise counted three-fifths of “other” persons for both representation and taxation

Congress also forbidden to interfere with slave trade until 1808

How do you make sure the Federal

Government does not have too much power?

Constitution

• three branches of government

• checks & balances limiting three branches powers

EXECUTIVE BRANCH (Article 2)

The President carries out the laws and can veto a law. He is

commander and chief of the military and can be impeached if he

breaks the law.

Constitution

LEGISLATIVE BRANCH (Article

1)

The Congress is made up of a two-house legislature

(Senate and House of

Representatives). Congress is

responsible for making the laws.

JUDICIAL BRANCH

(Article 3)

The Supreme Court and other federal courts

interpret the law of the land and decide if it is

constitutional.

• 9 out of 13 states had to ratify (approve) the Constitution

• Debate ensued between the Federalists and Anti-Federalist

• The Federalist side was outlined in the Federalist Papers

Who should have the power?

Convincing 9 states to ratify the Constitution

• form of government where power is divided between a national government and state governments

1. In a federal government who should have more power – the national or state government? Why would this concern citizens?

2. What about individual powers? How do the rights of individuals fit into the division of powers? Why would this concern citizens?

What types of government did the Federalists and Anti-Federalists prefer?

Anti-Federalists wanted more representation. They worried that 1 person could not adequately represent 30,000 people. Federalists disagreed.

After the Constitution was written, it had to be ratified by 9 states…extensive debates between Federalists (supported the Constitution) and Anti-Federalists (opposed a strong central government).

Federalists vs. Anti-Federalists

Read document written by Alexander Hamilton

Read document by Melancton Smith

Fill in the graphic organizer

On the back of your graphic organizer

1. What was Hamilton’s position on representation?

2. What was Smith’s position?

3. What arguments did they make in support of their claims? (List them)

4. Based on these arguments, what type of people would you guess tended to be Federalists? Anti-Federalists?

5. If you could have chosen, what side would you have supported?

FEDERALISTS ANTI-FEDERALISTS In favor of ratification Property owners, landed

rich, merchants Believed in elitism. Saw

themselves and those of their class as most “Fit” to govern.

Support concentrated in coastal areas and large cities

Powerful central government . 2-house legislature. Representative democracy, with single reps for 30,000 people

Leaders included Hamilton and Madison (Known as “Publius”)

Opposed ratification Middle-class, small farmers,

shopkeepers, laborers & favored civil liberties (ind. Rights) over strong govt

Believed in decency of the common man & participatory democracy Viewed elites as corrupt.

Leaders included Patrick Henry & Thomas Jefferson, (Jefferson wrote as “Brutus” and “Cato”)

What actually happened?

New York ratified the Constitution by a vote of 30-27 (the narrowest margin of victory of any state that met in 1787-88)

The Anti-Federalists lost the battle but won the war. The first 10 amendments to the Constitution – the Bill of Rights – were ratified in 1791. These addressed many of the issues that the Anti-Federalists raised in the conventions.

To address these questions our Constitution:

A. Authorizes the Congress to make laws only in areas granted to it.

B. Some lawmaking authority was left to the states.

C. A Bill of Rights was added to the Constitution to guarantee that the laws passed by the states and Congress do not violate Civil Rights

Even with distribution of power being included within the Constitution, conflict still arises between states, national government, and individual rights.

Example #1: Medical Marijuana

Example #2: Gay Marriage

• Electoral College

each state is assigned a number of electors (number of senators and representatives combined)

political parties in each state choose who will serve as an elector

citizens vote for their president (called the popular vote)

the popular vote is supposed to dictate the electors votes – but the candidate with the largest popular vote has lost elections

• Amending the Constitution there are two ways to amend the Constitution – only

one way has ever been used

a bill can be proposed to amend the Constitution, it must be passed by a 2/3 vote in both the Senate and House of Representatives

then the bill is sent to all the state legislatures

3/4 of the states must approve the bill for the Constitution to be amended

there are currently 27 amendments – the first ten are “The Bill of Rights”

• Impeachment House of Rep. must determine if there is

evidence that a crime has been committed, if so, they submit articles of impeachment to the Senate

The Senate oversees the trial of the accused government official

2/3 of Senate must vote guilty in order for him/her to be removed from office

If found guilty, may NEVER hold public office

Crimes considered “impeachable” – treason, bribery, other high crimes and misdemeanors

Andrew Johnson

Bill Clinton