Creating a Constitutional

DemocracyGOV 30 Fall 2010

States Date Yes No

(in order of ratifying)

Delaware Dec. 7,1787 30 0

Pennsylvania Dec.11,1787 46 23

New Jersey Dec.18,1787 38 0

Georgia Jan. 2,1788 26 0

Connecticut Jan. 9,1788 128 40

Massachusetts Feb. 6,1788 187 168

Maryland Apr. 26, 1788 63 11

South Carolina May 23, 1788 149 73

New Hampshire June 21,1788 57 47

Virginia June 25,1788 89 79

New York July 26,1788 30 27

North Carolina Nov. 21, 1789 194 77

Rhode Island May 29, 1790 34 32

Ratification of the Constitution

Articles of Confederation (1781 - 1788)

Articles of Confederation

• "firm league of friendship"• Congress raised army by asking states to muster militia. • Congress could not levy on direct tax.• Congress could not regulate commerce.

• States could tax or prevent importation of goods from other states.

• Congress elected annually; consisted of one chamber; each state had one vote.

• Executive was a committee of Congress, whose president rotated annually.

The Virginia Plan

1. Congress could legislate on all matters that affect "the harmony of the United States.

2. Congress could negate state legislation.

3. Two Houses of Congress; both elected from states according to size of population.

4. One House elected by people, the other by state legislature.

The New Jersey Plan

1. Congress had only one House, with each state having a single vote.

2. Congress given specific powers instead of a general power.

3. State laws could not be negated.

The Connecticut Compromise

1. House proportionate to population

2. Each state has two Senators

Estimated Representation in Congress Under….Virginia Plan New Jersey Plan Connecticut Plan

States that Congress Congress House Senate

Favored Virginia Plan

Virginia 14 1 14 2

Pennsylvania 7 1 7 2

North Carolina 7 1 7 2

New York 6 1 6 2

Maryland 6 1 6 2

South Carolina 4 1 4 4(expected to grow)

Georgia 1 1 1 2(expected to grow)

Favored New Jersey Plan

New Jersey 3 1 3 2

Delaware 1 1 1 2

Rhode Island 1 1 1 2

Proposed Compromise

Connecticut 4 1 4 2

Constitutional Powers of Congress, Constitutional Limits on States

Congress Has the Power to: States Have No Power to

Declare War Wage War unless attacked

Raise and support armies

Lay and collect taxes and tariffs Levy tariffs

Ratify treaties Make treaties

Borrow money

Regulate commerce among the states

Coin money Coin money

Establish post offices

Issue patents and copyrights

The Constitution also gives Congress the more general power…

“To make all Laws which shall be necessary and proper for carrying into Execution the foregoing

Powers, and all other Powers vested by this Constitution in the [national] government.”

Colony Qualifications

Massachusetts Male, 21, freeholder

New Hampshire Male, 21, except paupers

Rhode Island Male, 21, free of the company

Connecticut Male, 21, freeholder, civil in conversation

New York Male, 21, freeholder or renter, 6 months residence

New Jersey Male, 21, freeholder, 1 year residence

Pennsylvania Male, 21, taxpayer, 2 year residence

Virginia Male, 21, freeholder

Maryland Male, 21, freeholder,1 year residence

North Carolina Male, 21, freeholder,1 year residence

South Carolina Male, white, 21, taxpayer,freeholder 2 year residence

Georgia Male, 21, taxpayer, 6 months residence

Voting Qualifications by Colony at the Time of the Revolution

In the new code of laws, I desire you would

remember the ladies, and be more generous

and favorable to them than your ancestors.

If attention is not paid to the ladies we are

determined to foment a rebellion, and will not

hold ourselves bound by any laws in which

we have no voice, or representation.

-Abigail Adams, wife of John Adams

If changes to voting qualifications are

made “there will be no end of it. Women

will demand a vote; lads from twelve to

twenty-one will think their rights not

enough attended to; and every man,

who has not a farthing, will demand an

equal voice.”

- John Adams

Congressional Checks on Presidential Powers

Presidential Powers: Congressional Checks:

Make treaties Two-thirds of Senate must ratify

Appoint judges and executive officers Senate must confirm

May convene Congress Congress must meet each year

Commander in chief Congress declares war

Veto legislation Two-thirds override by both chambers

Execute laws Enact laws

Inform Congress No check

Receive foreign ambassadors No check

Pardon criminals No check

Inherent Executive Power Impeachment

The Electoral College: Who Won?

Election Procedure Gives advantage to:

First Stage: Big States

Each state gets electors equal to

Their representation in Senate and

House. President picked by majority

of Electors. If no candidate has majority, five

top vote getters go to second stage.

Second Stage: Small States

Members of House of Representatives

vote by state delegation, each delegation

has one vote. Must choose from top five

candidates.

Key Protections Contained in the Bill of Rights

• Freedom of Speech

• Free Exercise of Religion

• Right to Bear Arms

• Home Secure Against Unreasonable Search and Seizures

• Trial by Jury

• Cannot be Deprived of Life, Liberty or Property Without

Due Process of Law

• Cannot be Forced to Testify Against Oneself

• No Cruel or Unusual Punishment

Parchment Barriers

Alexander Hamilton, James Madison and John Jay

The Federalist Papers

Checks and Balances

North America America at the Time

of the Writing of the Constitution

Amendments Must be Proposed by

2/3 Vote of both House of Representatives and Senate

Convention Called by Congress on Application of

2/3 of State Legislatures

Either/Or

And Ratified by

3/4 of StateLegislatures

3/4 of State Ratifying Conventions

Either/Or

Amending the Constitution: A Two-Stage Process

Amendment - Year Ratified - Provision

12 1804 Distinguishes electoral vote for president and vice president.

13 1865 Abolishes slavery.

14 1868 Guarantees citizens the right of due process and equal protection before state law. Removes three-fifths compromise.

15 1870 Extends suffrage to African Americans.

17 1913 Direct election of senators.

19 1920 Extends suffrage to women.

20 1933 Shortens time between election and day Congress and president assume office.

Amendment - Year Ratified – Provision

22 1951 Two-term limit on presidents.

23 1961 Extends presidential suffrage to residents of District of Columbia.

24 1964 Abolishes tax on voting.

25 1967 Determines procedures for filling the Office of the Vice President if it becomes vacant.

26 1971 Extends suffrage to 18-year olds.

27 1992 Postpones congressional pay raises until next election

Pulling Down the Statue of George III at Bowling Green in Lower Manhattan

After hearing the news about independence on July 9, 1776, people in New York City celebrated by pulling down a statue of the King they had come to view as a tyrant.