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The Constitution and Federalism

The Constitution and Federalism. The Philadelphia (Constitutional) Convention of 1787. May 25, 1787: 55 delegates from 12 of the 13 States (Rhode Island did not send a representative) met in Philadelphia Purpose: To revise (edit/change) the Articles of Confederation

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The Constitution and Federalism

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  1. The Constitution and Federalism

  2. The Philadelphia (Constitutional) Convention of 1787 • May 25, 1787: 55 delegates from 12 of the 13 States (Rhode Island did not send a representative) met in Philadelphia • Purpose: To revise (edit/change) the Articles of Confederation • 5 days into the convention, they decided to throw out the Articles of Confederation and start all over with a new government • For 89 of the 116 days from May 25-September 17, they met in secret and eventually wrote what we know as our Constitution.

  3. The Constitution: “A Bundle of Compromises” • Compromise: settling a conflict by each side giving up part of their demands in order to meet in the middle (come to an agreement). • The Constitution has been described as a “bundle of compromises” because lots of people had different opinions on how the government should run, and everyone had to give in a little bit along the way. • The biggest compromises had to do with representation in Congress and with slavery

  4. 1. The Connecticut Compromise • Established that our legislature (Congress) would be bicameral • Also called “The Great Compromise” • The conflict: Big States vs. Small States • Virginia Plan (favored big States): Congress should be bicameral (2 houses). Representation is based on wealth and population of each State • New Jersey Plan (favored small States): Congress should be unicameral (1 house). Every State sends the same number of representatives, no matter how big the State is.

  5. The compromise: Congress is bicameral (2 houses): • Senate: Every State send 2 representatives, no matter how big the State • House of Representatives: The number of reps. each State sends depends on how many people are in the State (the population) • 1 representative for every 650,000 people who live in the State • Georgia currently sends 14 reps. to the House. Montana only sends 1.

  6. 2. The 3/5 Compromise • The conflict: Southern States vs. Northern States • Southern States: • Wanted to count slaves as part of their population so they would be able to send more representatives to the House of Representatives • Otherwise, the Southern States would always be outvoted on things in Congress • Northern States: • Thought that slaves shouldn’t count toward Southern representation in Congress, because they weren’t counted as citizens • The compromise: 3 out of every 5 slaves would be counted toward the population of each State.

  7. 3. Slave Trade Compromise • The conflict: Northern States vs. Southern States (round 2!) • Northern States: • Wanted to end the slave trade (the actual shipping of slaves from Africa to the US) • Worried that southern States would just ship in more slaves so they could increase their populations and control Congress • Southern States: • Their economy was based on farming/agriculture – large plantations where slaves did the work for free • Wanted to continue to have access to slaves • The compromise: • Slaves could continue to be imported (brought in to the country from Africa) until 1808 – about 20 more years • Congress would not have the power to tax exports (goods shipped out of the country to other countries)

  8. Obj. 2: Ratifying the Constitution • Sept 17, 1787 – The Constitutional Convention approves the Constitution and 39 members sign • Needed 9 states to approve for new govt to go into effect • Sept 28, 1787: copies of the Constitution were sent out to the states for approval

  9. Two sides emerge: Federalists Anti-Federalists Opposed ratification Patrick Henry, Samuel Adams, John Hancock Supported states having most of the power (weak national govt) Feared a single executive would turn into a king/tyrant Strict interpretation of Constitution – If it doesn’t say it, the national govt can’t do it! **Demanded a Bill of Rights to protect civil liberties** • Favored ratification • Alexander Hamilton, James Madison • Supported a stronger national government, with states giving up some powers • Supported having a single head executive (president) • Loose interpretation of Constitution

  10. Ratification • Votes on ratification were close in many states • 1st state to ratify - Delaware (Dec 7, 1787) • June 21, 1788 – New Hampshire is the 9th state to ratify • BUT, Virginia and New York, the two largest, wealthiest states, had not ratified.

  11. Ratification • Washington and Madison were able to convince Thomas Jefferson to ratify • Virginia ratifies June 25, 1788 • NY went through heated debates • The Federalist Papers – a collection of 85 essays supporting the Constitution • Authors: Alexander Hamilton, James Madison, John Jay • Considered first campaign document in the US – it greatly influenced NY’s decision to ratify • NY finally ratifies July 26, 1788

  12. A New Government • Sept 13, 1788 – Constitution officially goes into effect • New York chosen as the temporary capital • March 4, 1789 – First Congress meets in NY • Did not have a quorum (majority), so electoral votes for Pres/VP could not be counted until… • April 6: • President = George Washington • John Adams = Vice President • April 30, 1789 – GW sworn in as 1st Pres of US

  13. Obj. 3: Fundamental principles of the US Constitution • Functions of the Constitution (What does it do?) • It is the highest form of law in the US • Lays out the framework and procedures of our govt • Sets limits on govt power

  14. 6 Basic Principles of the Constitution • Limited Government • Popular Sovereignty • Separation of Powers • Checks and Balances • Judicial Review • Federalism

  15. 6 Basic Principles of the Constitution • Limited Government • NO government is all powerful • Government can only do the things that people have given it the power to do • Aka constitutionalism – the government MUST be conducted according to constitutional principles • Includes the Rule of Law: • NO person is above the law • Everyone, even government officials, MUST follow the laws of the land

  16. 2. Popular Sovereignty • All political power is with the people • Government can only rule with the consent of the people • Expressed in 1st words of Constitution: “We the people…”

  17. Separation of Powers • All of the basic powers of the American government are distributed among 3 branches of government • The executive, legislative, and judicial branches are completely separate bodies/groups of people • Each branch has its own set of responsibilities: • Legislative Branch: makes/passes the laws • Executive Branch: executes, enforces, administers the law • Judicial Branch: interprets and applies the laws • Why? • The framers wanted a stronger central government, but… • didn’t want too much power in the hands of any one person or group

  18. Checks and Balances • Even though the 3 branches have separate powers, they still have to work together to get things done • Each branch is subject to limits by the other branches • And each branch also has powers that limit other branches • Facts of Congress: Checks/Balances

  19. Checks and Balances: Examples • Executive Branch • The President is the Commander-in-Chief (head) of the military… • ….but only Congress can declare war and vote on funds/troops (legislative limits the executive) • Legislative Branch • Congress has the power to make (write, discuss, and vote on) laws… • the President can veto those laws (executive limits the legislative) • …but Congress can override the Presidential veto with a 2/3 majority vote (legislative limits the executive)

  20. Judicial Branch • Is limited by the Executive and Legislative Branches… • The President chooses (appoints) all Supreme Court judges…. • but the Senate must vote to approve the President’s choices. • Congress can also vote to impeach and remove Federal judges • But the Judicial Branch also limits the Executive and Legislative Branches… • With the power of judicial review

  21. Judicial Review • Courts have the power to determine constitutionality of all laws and government actions • In other words, courts can declare illegal, null and voidany government action that violates any part of the Constitution • Extends to all governments in US – national, state, and local Judicial review was established in 1803 with the Marbury vs. Madison court case.

  22. Federalism • The national government is not all-powerful. Government powers/duties are divided between: • The National/Federal government (based in Washington, D.C.) • The States’ governments (like GA) • The framers chose this system as a compromise between those who wanted sovereign (independent) states and those who wanted a stronger national government • Facts of Congress: Federalism

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