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.