We the People, Unit 3 Lesson 12

Who attended the Philadelphia Convention? How was it organized?

Redwood Constitutional Convention 2014

A convention has been called to rewrite Redwood’ school constitution. We need some delegates (representatives). ◦ How should delegates be selected? What qualifications should they have?

◦ What rules should be followed at the convention?

◦ Would you keep the rest of the school informed of what was happening at the meeting? Why or why not?

Who Attended the Philadelphia Convention?

Philadelphia Convention (or, Constitutional Convention): 1787 meeting in Philadelphia at which delegates wrote the Constitution

Framers: The 55 men who attended the Philadelphia Convention & wrote the Constitution ◦ James Madison (“Father of the Constitution”) ◦ George Washington ◦ Benjamin Franklin ◦ Gouverneur Morris

Who Didn’t Attend the Philadelphia Convention?

Thomas Jefferson (in France)

John Adams (in England)

Patrick Henry (said, “I smell a rat”)

Women

African-Americans or Native Americans

Poor whites

Rhode Island delegates

What ideas of gov’t went into the new constitution?

1. Constitutional government (with limits)

2. Locke’s purpose of government: protect people’s rights & promote common good

3. A strong national government was needed

4. Republican (representative) form of government

5. Separation of powers/checks & balances

HOMEWORK

Why specifically did many feel the Constitution was an improvement over the Articles of Confederation? Why did some oppose it?

We the People, Unit 3 Lesson 13

How did the Framers resolve the conflict about representation in Congress?

What conflicts existed about representation?

Equal representation: Each state gets an equal number of votes in Congress ◦ Favored by small states

Proportional representation: Each state gets votes based on its population ◦ Favored by large states

What was the Virginia Plan?

Drafted by James Madison of Virginia ◦ Strong national government

◦ Two levels of government—national & state, which must cooperate

◦ National government could make & enforce its own laws & collect taxes

◦ Three branches of government

◦ Two houses of legislature—

House of Representatives

Senate

◦ Proportional representation

What was the New Jersey Plan?

Drafted by William Paterson of New Jersey ◦ Weak national government

◦ One house of Congress

◦ Equal representation

◦ Congress could collect taxes

◦ Congress could regulate all trade

◦ Multi-person executive branch that would appoint judicial branch

Great Compromise

Great Compromise (or, Connecticut Compromise): ◦ Congress has two houses

◦ House of Representatives membership is based on proportional representation

House comes up with all spending & tax bills

◦ Senate membership based on equal representation

Senate accepts or rejects spending & tax bills

U.S. Congressional districts

California Congressional districts 2014

2012 election results

HOMEWORK

Why did large states want proportional representation?

Why did small states want equal representation?

How did both get what they wanted?

We the People, Unit 3 Lesson 14

How did the Framers resolve the conflict between Northern & Southern states?

Tariffs

Tariff: A tax on goods imported from other nations, used to increase the price of foreign goods ◦ Northerners wanted tariffs on British goods so Northern goods would look cheaper

◦ Southerners did not want tariffs; this would increase the cost of foreign goods they needed and might lead to retribution by Britain

The slavery issue

North & South also disagreed over slavery

Slaves as a % of population

Compromise on tariffs & slavery

FOR THE NORTH: ◦ Congress got the power to place tariffs on foreign goods and to regulate interstate & foreign trade

FOR THE SOUTH: ◦ 1. Congress could not end slave importation before 1808

◦ 2. Three-fifths clause: Representation in Congress, and taxation, would be based on all free persons, indentured servants, and 3/5 of all slaves

◦ 3. Fugitive slave clause: Runaway slaves must be returned to their masters

Effect of the 3/5ths clause on state voting power in Congress

HOMEWORK

Who do you think “won” the compromise between the North & the South?

Why specifically?

We the People, Unit 3 Lesson 15

How did the Framers resolve the conflict about powers of the legislative branch?

Imagine this…

You attend a camp or retreat. As you enter the camp, you see this sign.

Can you think of a problem with this?

Rules: Be a good person. Do what’s right.

Don’t do what’s wrong.

Imagine this…

Now imagine you see this sign instead:

Can you think of a problem with this?

Please familiarize

yourself with the following 142 rules.

Giving power to Congress (Article I)

Key idea: Give Congress enough power to protect the people’s rights, but not enough to endanger their rights.

Enumerated powers: Powers specifically given to Congress by the Constitution— ◦ impose taxes & duties ◦ borrow $$ ◦ regulate (oversee and control) commerce & trade

◦ coin $$ ◦ establish post offices ◦ declare war ◦ raise & support army & navy

Article I, Section 8 gives Congress enumerated powers.

It also gives Congress two general powers: ◦ General welfare clause: Congress shall “provide for the common Defense and general Welfare of the United States”

◦ Necessary and proper clause: Congress may “make all Laws which shall be necessary and proper” for carrying out its other powers

Giving power to Congress (Article I)

Limiting powers of Congress

Article I, Section 9 says Congress may not— ◦ ban the slave trade before 1808 ◦ suspend the writ of habeas corpus (a court order requiring a person to be present before a judge to determine if the detention is lawful) unless in a state of emergency

◦ pass ex post facto laws, laws that make something a crime though it was legal at the time

◦ pass bills of attainder, a legislative act that declares a person guilty & sets punishment without a trial

Limiting powers of Congress

Congress also may not— ◦ tax any state exports

◦ take $$ from the treasury without passing a law to do so

◦ grant titles of nobility

The Supreme Court may declare that a law Congress passed is unconstitutional, not permitted by the Constitution.

Uncle Jay Explains Congress

HOMEWORK

Why did the Framers give Congress both enumerated powers and general powers (in other words, why did they use specific language and general language)?

We the People, Unit 3 Lesson 16

How much power should be given to the executive & judicial branches?

High five!

Executive duties/powers (Article II)

Key idea: Give the executive enough power to carry out his duties, but not enough to overpower the other branches or endanger the people’s rights

Article II says the president may— ◦ carry out and enforce Congress’s laws ◦ make treaties with foreign nations ◦ appoint certain government officials ◦ act as commander-in-chief of the armed forces ◦ veto Congress’s laws ◦ send & receive ambassadors ◦ pardon criminals

Executive limitations (Article II)

Article II also limits the president. ◦ The president may nominate people for important jobs only with the advice and consent (review & approval) of Senate

◦ Senate may approve or reject the president’s treaties

◦ The president may conduct war, but only Congress may declare war or raise $$ for it

◦ Congress may override a president’s veto with a 2/3-vote of both houses

◦ President may be impeached (brought to a formal trial) by Congress

Selecting the executive

Twenty-Second Amendment: 1951 amendment that stated the president could only be reelected once

Electoral college: Group of presidential electors who gather every 4 years to cast votes for president & vice-president ◦ Each state has a number of electors equal to its senators + representatives.

If no candidate gets a majority, the House of Representatives selects the president ◦ This has happened twice

Electoral maps

Electoral map as of 2014

Electoral map - 2012 election

Electoral map – 2012, adjusted

Electoral map – 2000 election

Electoral map – 1984 election

Judicial powers (Article III)

Judges are appointed, not elected

Judges serve “during good Behavior” but may also be impeached

Judicial powers (Article III)

Article III says we have one Supreme Court with two kinds of jurisdiction (power to hear cases and make decisions) ◦ 1. Original jurisdiction means these cases go directly to the Supreme Court:

The Supreme Court has original jurisdiction only in cases involving state governments or a U.S. ambassador

◦ 2. In all other cases, the Supreme Court has appellate jurisdiction (the case is tried in a lower court & then may be appealed up)

3 Branches of Government

3 Branches of Government

HOMEWORK

Explain FULLY, to the best of your ability, how the three branches of our government can check and balance each other. Be specific.