Creating the Constitution Chapter 2, Section 4

CREATING THE CONSTITUTIONCHAPTER 2, SECTION 4

• Basically written so 13 countries could work together on some issues

• State governments had most of the power

o Many members didn’t attend Congress, so laws couldn’t be passed (quorum)

o Articles couldn’t be amended without unanimous consent of ALL states

The Solution:May 25, 1787 – The states meet in

Philadelphia to revise the Articles of Confederation

The Framers Framers - the group of delegates who

attended the Constitutional Convention Rhode Island – only colony that didn’t attend 55 Delegates met

“Never before or since, has so remarkable a group of men been brought together in this country.” Thomas Jefferson

Organization and Procedure

Rules of procedure: Majority of the states needed to conduct

business (Quorum) Each state delegation had one vote on all

matters. Majority of the votes would carry a

proposal.

The Plan

Clearly the Articles couldn’t be fixed

5 Days after the Convention began, they voted to create a new Constitution

Organization and Procedure

Worked in secrecy James Madison became the floor leader

Called the “Father of the Constitution” Only delegate to bring a plan

Virginia Plan New Jersey Plan

Legislative

Executive

Judicial

Virginia Plan

James Madison’s plan Bicameral Legislature Representation in each housed based

onState’s populationAmount of money it gave to central

government

Virginia Plan

Lower house were popularly elected.

Senate (upper house) were chosen by the house from list of persons nominated by state legislatures.

Congress was given all powers under Articles plus: Veto state law in conflict with national law Use force to make states comply

Virginia Plan

Congress would choose a “National Executive” and a “National Judiciary”

These two branches called the “Council of Revision” Could veto congress Veto could be overridden by the two houses. Congress could admit new states to the union

Virginia Plan

Create a new Constitution by revising the Articles Create a truly national government with greatly

expanded powers Ability to enforce those powers Smaller states did not like it

The New Jersey Plan

Retained unicameral Congress Each state equally represented Added powers to tax and regulate trade between

states. Federal executive of more than one person chosen

by Congress

The New Jersey Plan

Could be removed by a majority of the states governors.

Federal judiciary, ”supreme tribunal” appointed by the executive

Major Point of Disagreement

How would states be represented?

The Connecticut Compromise

Settled the conflict Congress composed of two houses. Senate = states represented equally. House of Representatives = based on

population. Was called the “Great Compromise”

3 Major Conflicts:

1. Representation in Congress

2. Counting Slaves

3. Commerce / Slave Trade

The Three-Fifths Compromise

How should slaves be counted in the south? South thought they should be counted North thought they should not.

Free persons were counted and “Three fifths of all other persons”

Commerce / Slave Trade Compromise

The South had concerns re: power of the federal gov’t to regulate trade

Compromise: Congress couldn’t tax state

exports Couldn’t do anything to

slave trade for 20 years (1808)

Summary Despite many compromises,

the Framers agreed on the basics: Need for greater powers at the

Federal level Representative government Power should rest with the

People Government should be limited

Finished Sept. 17, 1787

Homework Read pp.56-58 Answer p. 58 (1-5)

Ratification – The process of approval

Ratification of the Constitution


• Federalists – Supported the strong Federal government of the new Constitution

oAlexander Hamiltono James Madisono John Jay


• Federalists

oRepresented the elite (upper classes)from coastal regions

oWrote the Federalist Papers in support of the Constitution


• Antifederalists – Opposed the new Constitution• Wanted strong

state governments

oSamuel Adams

oPatrick Henry


• AntifederalistsoRepresented

backcountry farmers

oDemanded a Bill of Rights to protect people from their government

Bill of Rights

• 1st 10 Amendments

• Added to ensure ratification of Constitution

Political Foundations

• Bill of Rights:oFreedom of Speech,

Press, Religion, Assembly

oRight to bear arms

oFair Trials


o Protection from: oUnreasonable Search

and Seizure

Bell Ringer (5) Announcements Review (5-10) New Content (Basic Constitutional

Principles) (20) Mini-Poster Assignment (20) Constitution Reading (20) Romney Speech

Outline of the ConstitutionPreamble7 Articles outlining the government’s organization

27 Amendments

Outline of the Constitution Articles I-III: 3 Branches of

Government Article IV: States & their

relationship to the National Government

Article V: Amendment process Article VI: Constitution is the

Supreme Law of the Land

Article VII: Process for ratification

Basic Constitutional Principles

• Popular Sovereignty – People hold ALL the power in our government


oLimited Government –Government can only do what the Constitution says it can


oSeparation of Powers – Governmental powers are broken up into 3 branches


oChecks and Balances – Branches should hold each other accountable

oChart, p.68 – KNOW IT!


• Federalism – The division between & sharing of power between the state and National Governments


oJudicial Review– Courts determine if government is following the Constitution

Homework• Create a mini poster that illustrates the

6 principles of the Constitution.

• For each, include the principle, a brief definition and an image that illustrates the concept.

• Your choice: Color OR obvious artistic effort

Homework Read Article I of the Constitution

(pp. 760-766) Take notes on Article I (optional) Be ready for a 10-question open-

note quiz over Article I next time we meet

The Legislative Branch

Explain the explicit and implicit organizational structures of Congress

Objective

(p.262-263)Reasons for Bicameral

LegislatureHistorical Practical Theoretical

Political IdeologyConservativ

e Liberal

Party

AbortionBusiness

regulationsDeath Penalty

Size of GovernmentGun control

Political IdeologyConservativ

e Liberal

Party

Health Care

Minimum Wage

TaxesGovernment

SpendingSame-Sex Marriage

Notes WSTerm –Session – Adjourn – Prorogue – Special Session -

Questions Is it good that a Congressional

session now lasts for most of the year?

When would you be most likely to find our Congressmen in SC?


Objective

House of Representatives

435 voting members 4 non-voting members-

DC, Guam, Samoa, Virgin IslandsCan propose

legislation but cannot vote


Requirements: 25 years old Citizen 7 years Legal resident of state

that elects them No term limits


Selected by a direct popular vote The first Tuesday

following the first Monday in November of even numbered years

QuestionWhy have elections every two years for Representatives?


Objective


RepresentationCensus- every ten years (next is 2020)

The Legislative Branch Reapportionment

Article I of the Constitution directs Congress to reapportion—redistribute—the seats in the House after each census.

The Reapportionment Act of 1929 set the “permanent” size of the House at 435 members, and provided for “automatic reapportionment.”

The Legislative Branch Districts are redrawn as states add/lose

representatives

State legislatures draw these new districts

What is the potential problem here?


The Legislative BranchGerrymandering –

Drawing districts to create an advantage for the party in power

Wesberry v. Sanders (1964) – This is unconstitutional!

Speaker of House: leader of house, a caucus (closed meeting) of majority party chooses speaker, entire house approves.

1. Decide order of recognition2. Appoints members to some committees3. Refers Bills to proper committee4. Next in line behind V.P. to President5. Votes in a tie


House Floor Leaders Majority Leader:

Plans legislative program Steers bills through the House Oversee leaders of the

committees.

Majority Whip: Monitors how reps. will vote &

encourages them to vote with the party


Majority Leader: Eric Cantor (R)

House of Representatives Minority Leader:

Nancy Pelosi (D)

The United States Senate

The Senate Requirements:

30 years old Citizen 9 years Legal residents of the

state

The Senate 2 Members per state

Elected for six year terms Elections are staggered

so that only 1/3 are up for reelection at one time.

The Senate

Originally elected by state legislatures

17th Amendment = Senators elected by a direct popular vote

President of the Senate – Vice PresidentCannot debateCannot vote unless there is a tie

VP does not attend unless a tie is expected

President pro tempore – usually the member of the majority party with the most seniority

The Senate

Filibuster- To prevent a vote by continuing to speak.

3/5 majority can stop the filibuster (cloture)

The Senate

Both Houses Legislative Immunity – The Constitution gives

members of Congress certain privileges to enable Congress to function properly.

Members may not be taken to court for anything they say while Congress is meeting.

Members may not be arrested for minor “breaches” of the law while performing official Congressional business.

Both Houses Congressional Discipline –

“Code of Ethics.” Each house is responsible for disciplining its own members. Reprimand – needs majority

vote – (least severe discipline) Censure – needs majority vote Expulsion – needs 2/3 vote

(most severe discipline)


The Legislative BranchSec. 5—Staff and Support Agencies

Personal vs. Committee Staff Support Agencies

Library of Congress Congressional Budget Office General Accounting Office Government Printing Office

The Legislative Branch Congressional Discipline – The members

of Congress create and abide by a set of rules called the “Code of Ethics.” Each house of Congress (House of Representatives and Senate) is responsible for disciplining its own members. Reprimand – needs majority vote – (least severe

discipline) Censure – needs majority vote Expulsion – needs 2/3 vote (most severe discipline)

Documents

Creating the Constitution Chapter 2, Section 4