drafting a constitution chapter 5: section 2. constitutional convention philadelphia, pa – may...

Drafting a Drafting a ConstitutionConstitution

Chapter 5: Section 2

Constitutional ConventionConstitutional ConventionPhiladelphia, PA – May 1787Philadelphia, PA – May 1787Top secret proceedingsTop secret proceedingsDon’t fix the Articles, but Don’t fix the Articles, but

create a NEW governmentcreate a NEW governmentKey figures – Franklin, Key figures – Franklin,

Washington, HamiltonWashington, Hamilton

IssuesIssues Increase national gov. while Increase national gov. while

preserving states rightspreserving states rightsFair representation of large Fair representation of large

and small statesand small statesRole of slaves and slave Role of slaves and slave

tradetrade

IssuesIssuesRole and selection of chief Role and selection of chief

executive (President)executive (President)Two plans emerge: Virginia Two plans emerge: Virginia

Plan & New Jersey PlanPlan & New Jersey PlanCompromise is a MUSTCompromise is a MUST

Virginia PlanVirginia Plan2-house legislature 2-house legislature

based upon state based upon state populationpopulation

This gave the 4 biggest This gave the 4 biggest states the most powerstates the most power

NJ PlanNJ PlanSingle house of congress Single house of congress

with each state having = with each state having = votesvotes

This gives power to the 7 This gives power to the 7 smallest states who only smallest states who only make up 25% of the pop.make up 25% of the pop.

Great CompromiseGreat Compromise2-house Legislature2-house LegislatureSenate – each state would Senate – each state would

have = representationhave = representationHouse of Reps – House of Reps –

representation based upon representation based upon populationpopulation

What is What is PopulationPopulation??Slaves become an issuesSlaves become an issues

Can they be counted?Can they be counted?3/53/5thth’s Compromise’s Compromise

3/5 of the slave populations 3/5 of the slave populations would be countedwould be counted

The New GovernmentThe New GovernmentPower was divided between Power was divided between

federal & state governmentsfederal & state governmentsFederal would always Federal would always

supercede state powersupercede state power

Federal AffairsFederal AffairsThe federal government The federal government

could regulate:could regulate:DefenseDefense TradeTrade

Foreign affairsForeign affairs MoneyMoney

TaxesTaxes

State AffairsState AffairsThe state governments The state governments

could regulate:could regulate:EducationEducationMarriageMarriageIntrastate tradeIntrastate trade

PreamblePreamble

Outlined goals of the Outlined goals of the proposed proposed

government and government and the 7 articlesthe 7 articles

Articles 1 – 3: Articles 1 – 3: Branches of GovernmentBranches of Government

LegislativeLegislative – makes laws – makes lawsExecutiveExecutive – carries out – carries out

lawslawsJudicialJudicial – settle disputes – settle disputes

on the lawson the laws

Principles of GovernmentPrinciples of Government

Checks and BalancesChecks and BalancesSeparation of PowersSeparation of PowersLimited authorityLimited authority

Executive BranchExecutive BranchPresident would be President would be chosen by Electoral chosen by Electoral CollegeCollege

Judicial BranchJudicial BranchSupreme Court would Supreme Court would be the ultimate be the ultimate authority deciding legal authority deciding legal issues and conflictsissues and conflicts

Electoral CollegeElectoral College electors equaling the number electors equaling the number

of senators and reps. would of senators and reps. would vote for the presidentvote for the president

General public was not General public was not educated enough to make the educated enough to make the decisiondecision

Article 4Article 4Describes the Describes the relationship between relationship between the states and federal the states and federal governmentgovernment

Article 5Article 5

Provides for Provides for amendmentsamendments

Article 6Article 6Pay off debtsPay off debtsEst. supremacy of federal Est. supremacy of federal

gov. over state gov.gov. over state gov.Loyalty oath for gov. Loyalty oath for gov.

officialsofficials

Article 7Article 79 of 13 states to 9 of 13 states to ratify the ratify the constitutionconstitution

New GovernmentNew GovernmentGeorge George Washington Washington sworn in 1789sworn in 1789

Ratifying the ConstitutionRatifying the Constitution9 of thirteen states need to 9 of thirteen states need to

ratifyratifyTwo groups emergedTwo groups emerged

FederalistsFederalistsAnti-FederalistsAnti-Federalists

Important FiguresImportant FiguresAnti-Federalists: Patrick Anti-Federalists: Patrick

Henry, Sam Adams, James Henry, Sam Adams, James Monroe, Richard Henry LeeMonroe, Richard Henry Lee

Federalists: Alexander Federalists: Alexander Hamilton, Ben Franklin, John Hamilton, Ben Franklin, John Adams, George WashingtonAdams, George Washington

FederalistsFederalists Favor a strong national government.Favor a strong national government. Argue checks and balances prevent Argue checks and balances prevent

one branch from too much powerone branch from too much power Bill of Rights not needed:Bill of Rights not needed:

Const. protected rights (people govern Const. protected rights (people govern themselves)themselves)

Most states already had basic bill of Most states already had basic bill of rightsrights

FederalistsFederalistsWrote the Wrote the Federalists Federalists

PapersPapersDiscussed importance Discussed importance

of strong national of strong national governmentgovernment

Anti-FederalistsAnti-Federalists Anti-Federalists were concerned Anti-Federalists were concerned

about the amount of power in about the amount of power in national gov. and lack of rights of national gov. and lack of rights of citizenscitizens

Feared the new gov. would only Feared the new gov. would only benefit the wealthybenefit the wealthy

Want Bill of RightsWant Bill of Rights

Bill of RightsBill of Rights Madison studies 80 proposed amendmentsMadison studies 80 proposed amendments 12 submitted, 10 ratified12 submitted, 10 ratified First Ten Amendments to the ConstitutionFirst Ten Amendments to the Constitution Took effect in 1791Took effect in 1791 Protect certain basic rights of all citizensProtect certain basic rights of all citizens

Which means any white male who is old Which means any white male who is old enough (and who usually has land).enough (and who usually has land).

# of states needing to ratify to make Const law.

Group that opposed the Constitution.

Group that supported the Constitution.

Favored national gov.

Favored state govs.

Wanted Bill of Rights

Did not want Bill of Rights


Nine




Favored state govs.




Nine


Anti-Federalists



Favored state govs.




Nine


Anti-Federalists


Federalists


Favored state govs.




Nine


Anti-Federalists


Federalists

Favored national gov. Federalists

Favored state govs.




Nine


Anti-Federalists


Federalists


Favored state govs. Anti-Federalists




Nine


Anti-Federalists


Federalists



Wanted Bill of Rights Anti-Federalists



Nine


Anti-Federalists


Federalists



Wanted Bill of Rights Anti-Federalists

Did not want Bill of Rights Federalists

Authored the Federalist Papers

Most Important Federalist

VA law that protected basic human rights

VA law that forbid gov. support of one religion

He drafted the Bill of Rights

1st Ten Amendments to the Constitution.

2nd Amendment Right


Madison, Madison,

Hamilton, & JayHamilton, & Jay

Most Important Federalist





2nd Amendment Right


Madison, Madison,


Most Important Federalist George WashingtonGeorge Washington





2nd Amendment Right


Madison, Madison,




VA Declaration of VA Declaration of RightsRights




2nd Amendment Right


Madison, Madison,






VA Statue for VA Statue for Religious FreedomReligious Freedom



2nd Amendment Right


Madison, Madison,








James MadisonJames Madison


2nd Amendment Right


Madison, Madison,








James MadisonJames Madison


Bill of RightsBill of Rights

2nd Amendment Right


Madison, Madison,




VA Declaration of RightsVA Declaration of Rights


VA Statue for Religious VA Statue for Religious FreedomFreedom

He drafted the Bill of Rights James MadisonJames Madison


Bill of RightsBill of Rights

11stst Amendment AmendmentCongress shall make no law respecting Congress shall make no law respecting

an establishment of religion, or an establishment of religion, or prohibiting the free exercise thereof; prohibiting the free exercise thereof; or abridging the freedom of speech, or abridging the freedom of speech,

or of the press; or the right of the or of the press; or the right of the people peaceably to assemble, and to people peaceably to assemble, and to petition the government for a redress petition the government for a redress

of grievance. of grievance.

22ndnd Amendment AmendmentA well regulated militia, A well regulated militia,

being necessary to the being necessary to the security of a free state, the security of a free state, the right of the people to keep right of the people to keep and bear arms, shall not be and bear arms, shall not be infringed.infringed.

33rdrd Amendment Amendment

No soldier shall, in time of No soldier shall, in time of peace be quartered in any peace be quartered in any house, without the consent of house, without the consent of the owner, nor in time of war, the owner, nor in time of war, but in a manner to be but in a manner to be prescribed by lawprescribed by law.

44thth Amendment Amendment The right of the people to be secure in The right of the people to be secure in

their persons, houses, papers, and their persons, houses, papers, and effects, against unreasonable searches effects, against unreasonable searches and seizures, shall not be violated, and and seizures, shall not be violated, and no warrants shall issue, but upon no warrants shall issue, but upon probable cause, supported by oath or probable cause, supported by oath or affirmation, and particularly describing affirmation, and particularly describing the place to be searched, and the the place to be searched, and the persons or things to be seized.persons or things to be seized.

55thth Amendment Amendment No person shall be held to answer for a capital, No person shall be held to answer for a capital,

or otherwise infamous crime, unless on a or otherwise infamous crime, unless on a presentment or indictment of a grand jury, presentment or indictment of a grand jury, except in cases arising in the land or naval except in cases arising in the land or naval forces, or in the militia, when in actual service forces, or in the militia, when in actual service in time of war or public danger; nor shall any in time of war or public danger; nor shall any person be subject for the same offense to be person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a be compelled in any criminal case to be a witness against himself, nor be deprived of witness against himself, nor be deprived of life, liberty, or property, without due process of life, liberty, or property, without due process of law; nor shall private property be taken for law; nor shall private property be taken for public use, without just compensation.public use, without just compensation.

66thth Amendment Amendment In all criminal prosecutions, the accused In all criminal prosecutions, the accused

shall enjoy the right to a speedy and shall enjoy the right to a speedy and public trial, by an impartial jury of the public trial, by an impartial jury of the state and district wherein the crime shall state and district wherein the crime shall have been committed, which district have been committed, which district shall have been previously ascertained shall have been previously ascertained by law, and to be informed of the nature by law, and to be informed of the nature and cause of the accusation; to be and cause of the accusation; to be confronted with the witnesses against confronted with the witnesses against him; to have compulsory process for him; to have compulsory process for obtaining witnesses in his favor, and to obtaining witnesses in his favor, and to have the assistance of counsel for his have the assistance of counsel for his defense. defense.

77thth Amendment Amendment In suits at common law, where the In suits at common law, where the

value in controversy shall exceed value in controversy shall exceed twenty dollars, the right of trial by twenty dollars, the right of trial by jury shall be preserved, and no fact jury shall be preserved, and no fact tried by a jury, shall be otherwise tried by a jury, shall be otherwise reexamined in any court of the reexamined in any court of the United States, than according to the United States, than according to the rules of the common law.rules of the common law.

88thth Amendment Amendment

Excessive bail shall not be Excessive bail shall not be required, nor excessive fines required, nor excessive fines imposed, nor cruel and imposed, nor cruel and unusual punishments inflicted.unusual punishments inflicted.

9th Amendment

The enumeration in the The enumeration in the Constitution, of certain rights, Constitution, of certain rights, shall not be construed to deny shall not be construed to deny or disparage others retained by or disparage others retained by the people.the people.

1010thth Amendment Amendment

The powers not delegated to The powers not delegated to the United States by the the United States by the Constitution, nor prohibited by Constitution, nor prohibited by it to the states, are reserved to it to the states, are reserved to the states respectively, or to the states respectively, or to the people.the people.

1st

2nd

3rd

4th

5th

6th

7th

8th

9th

10th

1st Freedom of speech, press, assembly, petition, and redress.

2nd

3rd

4th

5th

6th

7th

8th

9th

10th


2nd Right to bear arms (weapons)

3rd

4th

5th

6th

7th

8th

9th

10th



3rd Restricts how federal government can house soldiers in citizens’ homes.

4th

5th

6th

7th

8th

9th

10th




4th Protects individuals against unreasonable searches and seizures.

5th

6th

7th

8th

9th

10th





5th Grand jury required; no self-incrimination; no double jeopardy; no taking of private property with compensation.

6th

7th

8th

9th

10th






6th Right to a fair and swift trial.

7th

8th

9th

10th







7th Right to a jury trial in civil cases in federal courts.

8th

9th

10th








8th Protects against cruel & unusual punishment and excessive bail.

9th

10th








8th Protects against cruel & unusual punishment and excessive bail.

9th Establishes people have rights beyond those stated in the Constitution.

10th All powers not given to feds or denied to the states are held by each state, or the people.

drafting a constitution chapter 5: section 2. constitutional convention philadelphia, pa – may...

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themselvesmost states

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