the constitution and federalism
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The Constitution and Federalism. The Philadelphia (Constitutional) Convention of 1787. May 25, 1787: 55 delegates from 12 of the 13 States (Rhode Island did not send a representative) met in Philadelphia Purpose: To revise (edit/change) the Articles of Confederation - PowerPoint PPT PresentationTRANSCRIPT
May 25, 1787: 55 delegates from 12 of the 13
States (Rhode Island did not send a representative) met in Philadelphia
Purpose: To revise (edit/change) the Articles of Confederation
5 days into the convention, they decided to throw out the Articles of Confederation and start all over with a new government
For 89 of the 116 days from May 25-September 17, they met in secret and eventually wrote what we know as our Constitution.
The Philadelphia (Constitutional) Convention of 1787
Compromise: settling a conflict by each side
giving up part of their demands in order to meet in the middle (come to an agreement).
The Constitution has been described as a “bundle of compromises” because lots of people had different opinions on how the government should run, and everyone had to give in a little bit along the way.
The biggest compromises had to do with representation in Congress and with slavery
The Constitution: “A Bundle of
Compromises”
Established that our legislature (Congress) would be
bicameral Also called “The Great Compromise” The conflict: Big States vs. Small States
Virginia Plan (favored big States): Congress should be bicameral (2 houses). Representation is based on wealth and population of each State
New Jersey Plan (favored small States): Congress should be unicameral (1 house). Every State sends the same number of representatives, no matter how big the State is.
1. The Connecticut Compromise
The compromise: Congress is
bicameral (2 houses): Senate: Every State send 2 representatives,
no matter how big the State House of Representatives: The number of
reps. each State sends depends on how many people are in the State (the population) 1 representative for every 650,000 people who live
in the State Georgia currently sends 14 reps. to the House.
Montana only sends 1.
The conflict: Southern States vs. Northern States
Southern States: Wanted to count slaves as part of their population so they
would be able to send more representatives to the House of Representatives
Otherwise, the Southern States would always be outvoted on things in Congress
Northern States: Thought that slaves shouldn’t count toward Southern
representation in Congress, because they weren’t counted as citizens
The compromise: 3 out of every 5 slaves would be counted toward the population of each State.
2. The 3/5 Compromise
The conflict: Northern States vs. Southern States (round 2!)
Northern States: Wanted to end the slave trade (the actual shipping of slaves from
Africa to the US) Worried that southern States would just ship in more slaves so
they could increase their populations and control Congress Southern States:
Their economy was based on farming/agriculture – large plantations where slaves did the work for free
Wanted to continue to have access to slaves The compromise:
1. Slaves could continue to be imported (brought in to the country from Africa) until 1808 – about 20 more years
2. Congress would not have the power to tax exports (goods shipped out of the country to other countries)
3. Slave Trade Compromise
Sept 17, 1787 – The Constitutional
Convention approves the Constitution and 39 members sign
Needed 9 states to approve for new govt to go into effect
Sept 28, 1787: copies of the Constitution were sent out to the states for approval
Obj. 2: Ratifying the Constitution
Two sides emerge:
Federalists
Favored ratification Alexander Hamilton,
James Madison Supported a stronger
national government, with states giving up some powers
Supported having a single head executive (president)
Loose interpretation of Constitution
Anti-Federalists Opposed ratification Patrick Henry, Samuel Adams,
John Hancock Supported states having
most of the power (weak national govt)
Feared a single executive would turn into a king/tyrant
Strict interpretation of Constitution – If it doesn’t say it, the national govt can’t do it!
**Demanded a Bill of Rights to protect civil liberties**
Votes on ratification were close in many
states 1st state to ratify - Delaware (Dec 7,
1787) June 21, 1788 – New Hampshire is the 9th
state to ratify BUT, Virginia and New York, the two
largest, wealthiest states, had not ratified.
Ratification
Ratification
Washington and Madison were able to convince Thomas Jefferson to ratify
Virginia ratifies June 25, 1788 NY went through heated
debates The Federalist Papers – a
collection of 85 essays supporting the Constitution Authors: Alexander
Hamilton, James Madison, John Jay
Considered first campaign document in the US – it greatly influenced NY’s decision to ratify
NY finally ratifies July 26, 1788
Sept 13, 1788 – Constitution officially goes into
effect New York chosen as the temporary capital March 4, 1789 – First Congress meets in NY
Did not have a quorum (majority), so electoral votes for Pres/VP could not be counted until…
April 6: President = George Washington John Adams = Vice President
April 30, 1789 – GW sworn in as 1st Pres of US
A New Government
Obj. 3: Fundamental principles of the US Constitution
Functions of the Constitution (What does it do?)1. It is the highest form
of law in the US2. Lays out the
framework and procedures of our govt
3. Sets limits on govt power
6 Basic Principles of the Constitution
1. Limited Government2. Popular Sovereignty3. Separation of
Powers4. Checks and
Balances5. Judicial Review6. Federalism
1. Limited Government
NO government is all powerful Government can only do the things that people
have given it the power to do Aka constitutionalism – the government MUST
be conducted according to constitutional principles
Includes the Rule of Law: NO person is above the law Everyone, even government officials, MUST follow
the laws of the land
6 Basic Principles of the Constitution
2. Popular Sovereignty
All political power is with the people
Government can only rule with the consent of the people
Expressed in 1st words of Constitution: “We the people…”
3. Separation of Powers
All of the basic powers of the American government are distributed among 3 branches of government The executive, legislative, and judicial branches are
completely separate bodies/groups of people Each branch has its own set of responsibilities:
Legislative Branch: makes/passes the laws Executive Branch: executes, enforces, administers the law Judicial Branch: interprets and applies the laws
Why? The framers wanted a stronger central government, but… didn’t want too much power in the hands of any one
person or group
4. Checks and Balances
Even though the 3 branches have separate powers, they still have to work together to get things done
Each branch is subject to limits by the other branches
And each branch also has powers that limit other branches
Facts of Congress: Checks/Balances
Executive Branch
The President is the Commander-in-Chief (head) of the military…
….but only Congress can declare war and vote on funds/troops (legislative limits the executive)
Legislative Branch Congress has the power to make (write, discuss, and
vote on) laws… the President can veto those laws (executive limits the
legislative) …but Congress can override the Presidential veto with a
2/3 majority vote (legislative limits the executive)
Checks and Balances: Examples
Judicial Branch
Is limited by the Executive and Legislative Branches… The President chooses (appoints) all Supreme Court
judges…. but the Senate must vote to approve the President’s
choices. Congress can also vote to impeach and remove
Federal judges But the Judicial Branch also limits the Executive and
Legislative Branches… With the power of judicial review
5. Judicial Review
Courts have the power to determine constitutionality of all laws and government actions
In other words, courts can declare illegal, null and void any government action that violates any part of the Constitution
Extends to all governments in US – national, state, and local
Judicial review was established in 1803 with the Marbury vs.
Madison court case.
6. Federalism
The national government is not all-powerful. Government powers/duties are divided between: The National/Federal government (based in Washington,
D.C.) The States’ governments (like GA)
The framers chose this system as a compromise between those who wanted sovereign (independent) states and those who wanted a stronger national government
Facts of Congress: Federalism