the u.s. constitution. admitting there’s a problem is the first step to recovery the weaknesses of...
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The U.S. The U.S. ConstitutionConstitution
Admitting there’s a problem is the Admitting there’s a problem is the first step to recoveryfirst step to recovery
The weaknesses of the Confederation Congress and the Article of Confederation worried many American leaders.
Without a strong central government to hold states together, the union could not survive.
NationalistsNationalistsPeople who supported a strong national
government were called nationalists. Among these were George Washington, John
Adams, Benjamin Franklin, Alexander Hamilton, and Robert Morris.
As leaders met to discuss political problems, it became obvious to most that some changes in the Articles were necessary.
At the conventionAt the conventionVirginia started things off. “A national government ought to be established,
consisting of a supreme Legislative, Executive, and Judiciary.”
Translated – a strong central government needs to be formed with elected officials making the laws, a national court applying the same laws to all people, and one strong leader to make quick decisions to keep the peace.
The Virginia PlanThe Virginia PlanVirginia proposed 3 branches of government.Representation in each branch depended upon the
population of the state.This plan made large states more powerful than the
others. Geography dictated that some states would always
be smaller than the others.
New Jersey PlanNew Jersey PlanSmall state new Jersey was the first to counter the
Virginia Plan. New Jersey proposed 3 houses in which every state
got equal representation, much like in the Articles.This allows small states the same power as large
states, which was the current problem with Rhode Island messing everything up!
Let the arguing begin!Let the arguing begin!As states tried to work out their differences, large
states took the lead and began to push through the Virginia Plan.
Meanwhile, southern slave states demanded that they be allowed to keep their slaves, though most states did not want to allow it.
If they were to keep the United States together, a compromise was needed.
Connecticut Compromise!Connecticut Compromise!It was a painfully hot summer in Philadelphia that
year and the delegates were getting quite upset with each other.
Furthermore, to speak of changing the government was borderline treason.
Several states proposed disbanding the meeting. Several people even recommended making George
Washington king so that he could solve the nation’s problems!
A committee was formed of people who were still willing to work things out to propose a compromise that will make all the argumentative delegates happy.
Roger Sherman of Connecticut came up with the answer.
Ben Franklin starts a committeeBen Franklin starts a committee Because of his age, wisdom, and
gentle spirit, Ben Franklin was appointed to head a committee to find a compromise
If we fail we “will become a reproach and by-word to future ages. And what is worse, mankind may hereafter, from this unfortunate instance, despair of establishing governments based on human wisdom, and leave it to chance, war, and conquest.”
Roger Sherman of Connecticut was the only signer of the Declaration of Independence, the Articles of Confederation, and the Constitution. He played a key role in writing all three!
Roger Sherman proposed a compromise: why not do both the Virginia Plan and the New Jersey Plan?
The Connecticut CompromiseThe Connecticut Compromise Sherman proposed a Legislative branch with two
houses:
1) House of Representatives – Each state gets one member for every 40,000 residents. This helps large states.
2) Senate – each state gets 2 votes regardless of size. This helps small states.
Problem solved, right?
So… who counts as a resident?
Northern states said that all free men are residents.Southern states said that slaves count as residents.Northern states said that since slaves can’t vote, they
don’t count.Southern states said “Kiss my grits! I’m outa here!”
The 3/5 CompromiseThe 3/5 CompromiseThe Constitutional Convention eventually agreed to
count slaves as 3/5 of a person. In other words, for every 5 slaves in the state, the
state can count 3 of them as residents.Since they apply toward voting power, they also
count for tax purposes.To top it off, the new Constitution will not tax
exports. They also agreed not to touch slavery until 1808.
RatificationRatificationOn September 28, 1787, the newly formed
Constitution was sent out to be voted on by the states.
A problem arose at this point because no one outside of the Congress had any idea that they were trying to change the government. It had been done in total secrecy!!
Under the new rules, it had to be ratified by 9 of the 13 states to become law.
So what did the new Constitution look like?
Foldable time!Foldable time!
Stack up all 5 sheets and fold them in the middle.
You should now have 10 pages.Please be patient and wait for the stapler
without whining.
On the outsideOn the outside
The U.S. Constitution
Constitutional ConventionConstitutional Convention
In 1787, 55 delegates from 12 states met to change the Articles of Confederation.
They ended up forming an entirely new government
3 Plans3 Plans
Virginia Plan – based on population, larger states have more power than small states
N.J. Plan- all states are equal regardless of population or GNP.
Connecticut Compromise – use both plans! Two houses of Congress: the Senate where every states gets 2 votes and the House of Representatives where population counts.
PreamblePreamble
We the people, in order to form a more perfect union (more perfect than what?), establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity do ordain and establish this constitution for the United States of America.
Article IArticle I
Creates Legislative Branch Senate – All states get 2 votes House of Representatives – large states
have more power
•Can make laws•power to tax•Can declare war
Article IIArticle II
Creates the Executive Branch President Vice President
Enforces lawsAppoints judgesMakes treaties
Pardon criminals
Article IIIArticle III
Created the Judicial BranchSupreme CourtFederal Court System
Interprets lawsSettles disputes among statesCreates new courts as needed
Bill of Rights 1-5Bill of Rights 1-5
1 - Freedom of speech, religion, assembly, press, and petition
2 - Right to bear arms
3 - No soldiers in homes
4 - Protection from search and seizure
5 - Rights of people accused of a crime
Bill of Rights 6-10Bill of Rights 6-10
6 – Speedy and Public trial7 – Trial by jury8 – No excessive bail or cruel and unusual
punishment9 – People’s rights are not limited to those
listed10 – Rights and privileges not listed
specifically belong to the states
3 types of powers3 types of powers
Enumerated – listed specifically in the Constitution. These powers go to the Federal government.
Reserved – powers not listed, they go to the states
Concurrent – Powers shared by both state and federal government
Supremacy ClauseSupremacy Clause
In all cases, if the Federal and State government has a dispute over laws, the Federal government always wins.
The federal government can over-rule any state decision.