Unit 2 How did the Framers Create the

Constitution?

http://www.c-spanclassroom.org/constitution/

We the People of the United States, in Order to We the People of the United States, in Order to form a more perfect Union, establish Justice, form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the insure domestic Tranquility, provide for the common defence, promote the general Welfare, common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this and our Posterity, do ordain and establish this Constitution for the United States of America.Constitution for the United States of America.- Preamble to the Constitution of the United - Preamble to the Constitution of the United States of America.States of America.

Constitutional Convention 1787• The original purpose was to amend the Articles of

Confederation (earliest attempt at a government)• Were discarded because they gave too much control to the

states and did leave the national government any power--thus the Constitution was written.

• 55 delegates, not wealthy, mostly ordinary men (some extraordinary- George Washington, James Madison, Alexander Hamilton, Ben Franklin)

• Notable missing delegates- Thomas Jefferson (ambassador to France), John Adams (ambassador to Great Britain)

• convention kept secret to allow a free flow of ideas and let the colonists decide on their own if they liked the document. • Some chief points at issue

• how much power to allow the central government• how many representatives in Congress to allow each state• how these representatives should be elected (directly by the people or by the state legislators) • How to organize the new executive branch

Disagreements over the Original Constitution

I confess that there are several parts of this constitution which I do not at present approve, but I am not sure I shall never approve them…In these sentiments, Sir, I agree to this Constitution with all its faults, if they are such; because I think a general Government necessary for us, and there is no form of Government but what may be a blessing to the people if well administered

--Ben Franklin

• There was no bill of rights

• The members of Senate not selected by citizens

• Too much power given to national government, not enough power to states

• The branches were not well-separated giving Congress and the Executive branches too much power

Virginia Plan vs. New Jersey Plan

• Virginia Plan• Proposed by Edmund

Randolph, written by James Madison

• Advocated a strong national government, but allowed for states to govern still• Set up the federal

system• Three branches• National legislature with

two houses• Both houses based on

proportional representation

• New Jersey Plan• Keep state power

• Legislative branch with one house

• Executive branch- several persons appointed by Congress

• Judicial Branch- Supreme Court appointed by officials of the executive branch

Federalists• James Madison, Alexander Hamilton, John Jay

− in favor of the Constitution as it was written − The Federalist papers written to convince public to ratify − argued that the Constitution as it was provided the best form

of government—NO BILL OF RIGHTS!!– Civic virtue alone could not be relied upon to protect

people’s rights and promote their welfare– believed that the creation of a stronger national

government best for U.S. to survive among the powers of Europe and provide a surer safeguard for liberty at home.

− Believed that the division of branches was the best way to promote republicanism– Each branch would protect basic rights

--Legislative Branch-House of Representatives- local interests, Senate- state interests--Executive Branch—President would protect national interests--Judicial Branch –Supreme Court would protect fundamental interests

Anti-FederalistsAnti-Federalists

• Argued to changes to the Constitution before it was approved • wanted a Bill of rights• more state power

• “necessary and proper” clause gave central government too much power

• respond with their own essays (Anti-Federalist papers) − Anti-federalists like George

Clinton and Patrick Henry felt that people living closely together in small agrarian communities would be more likely to possess civic virtue

• But what is government itself but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself

• --Federalist 51

Ratification

• The Constitution was voted on by the people of the states in special conventions and became binding upon nine States by the ratification of the ninth State, New Hampshire, June 21, 1788. Notice of this ratification was received by Congress on July 2, 1788.

• Federalists agree to draft a Bill of Rights to protect citizen rights against the government • Amendment 9 covers "unenumerated

rights"- unwritten rights• Amendment 10 gives power to the

states-(federalism)• Eventually, with this addition, all 13

states voted to ratify • Became official on July 2, 1788

Resolutions made in ConventionResolutions made in Convention • Federal Republic (Art 4 S 4, Preamble)

• Federal Supremacy- require oath to Constitution (Art. VI, S 2)

• Great Compromise- House based on proportional representation/Senate based on equal representation (Art. 1 S 2 Cl1, Art 1, S 3, Cl1)

• 3/5 Compromise- 3/5th of slaves count for representation and taxation (Art 1, S2, Cl3)

• Executive Function- 1 president, 4 yr term by Electoral College based on state representation in Congress, veto power (Art. II)

• Judiciary Function- independent judiciary, one Supreme Court, Congress established lower courts, judges life terms, appointed by president, approved by Senate, original jurisdiction specified (Art. III)

• Congressional Powers- tax, pay debts, regulate commerce, raise army and navy, declare war, coin money (Art 1, S 8, Cl 1-18)

• In the formation of In the formation of our constitution the our constitution the wisdom of all ages is wisdom of all ages is collected--the collected--the legislators are legislators are antiquity are antiquity are consulted, as well as consulted, as well as the opinions and the opinions and interests of the interests of the millions who are millions who are concerned. It short, it concerned. It short, it is an empire of is an empire of reason.reason.

- Noah Webster, An Examination into the Leading Principles of the Federal Constitution,

1787

Body of the Constitution• Article I- Legislative Branch• Article II- Executive Branch• Article III- Judicial Branch• Article IV-

• Full Faith and Credit Clause• Privileges and Immunities• Admitting new states• regulating territories• established a republican form of government

• Article V- Proposing and Adding amendments• Proposal by convention of states, ratification by state conventions (never

used) • Proposal by convention of states, ratification by state legislatures (never

used) • Proposal by Congress, ratification by state conventions (used once) • Proposal by Congress, ratification by state legislatures (used all other

times)

• Article VI• Supremacy Clause• No religious tests to take office

• Article VII- Ratification process

Do the three branches have equal power?

Presidential Signing StatementsPresidential Signing Statements

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