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U.S. Constitution

U.S. Constitution. Unit Two—Chapter Five

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U.S. Constitution

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  1. U.S. Constitution Unit Two—Chapter Five USHC-1.4: Analyze how dissatisfactions with the Articles of Confederation government were addressed with the writing of the Constitution of 1787, including the debates and compromises reached at the Philadelphia Convention and over ratification of the Constitution.

  2. Constitutional Convention(pp. 140-144) • In May of 1787, 55 delegates met in Philadelphia. [Rhode Island delegates NOT present] • KEY PEOPLE: George Washington, Ben Franklin, and James Madison • KEY ISSUES: • Big states vs. Small states • Slavery issues • Sovereignty ( federal power supreme to states power)

  3. Virginia Plan(Big States) p. 142 • Proposed a bicameral [two house] legislature • Membership based on each state’s population. • Voters would elect members of the lower house, who then elect members of the upper house. • Favored larger states. James Madison

  4. New Jersey Plan (p. 142) • Proposed unicameral [one house] Congress • Each state receiving one equal vote. [Articles ofConfederation] • Favored smallerstates (like the Articles government).

  5. Great Compromise (Roger Sherman) p. 142 • Proposed bicameral [two house] Congress • Representation was the issue. • House of Representatives[lower house] = to a states population • Senate [upper house] = two members per state

  6. Three-Fifths Compromise (p. 142) • In any state where there is a slave population, three-fifths of the slaves will be counted for purposes of taxation and representation.

  7. Separation of PowersConstitutional Principles (p. 143) Federalism is the dividing of power between the national and state governments. • Legislative Branch—makes the laws. • Executive Branch—enforces the laws. • Judicial Branch—interprets the laws.

  8. Checks and Balances(p. 143) Constitutional Principles

  9. Electoral College(p. 144) • George Washington—Presidential Elections • Electoral College: • Electors picked in each state • Equal to the number of U.S. Senators and U.S. Congressmen a state has. • Based on the U.S. Census • Determines who is President and Vice-President.

  10. Support Constitution Strong national govt. Loose interpretation of the U.S. Constitution Alliance with wealthy Against Constitution Weak national govt Strict interpretation of the U.S. Constitution Favor farmers and small business owners. Ratification Process:Federalists vs. Antifederalists (pp. 145-146) Thomas Jefferson Alexander Hamilton

  11. The Federalist Papers • A series of 85 essays published in New York newspapers between 1787 and 1788 in support of the Constitution. • Alexander Hamilton, John Jay, and James Madison were the actual authors. • Goal:Get the US Constitution ratified in NY and Virginia.

  12. Ratification of the Constitution • Ratification—the process of officialapproval by states. • Each state had a ratifying convention for the Constitution of the United States. • 9 of 13 states required for ratification (New Hampshire).

  13. The Preamble We the people of the United States in order to form a more perfect Union, establish justice, insure 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. Purpose: Establish legitimacy, structure, power

  14. The Living ConstitutionWays to Change the Original Constitution • Elastic clause (“all powers necessary and proper”) • Amendment process • Supreme Court interpretations (judicial review)

  15. Original Constitutional Components • Article I—Legislative Branch • Article II—Executive Branch • Article III—Judicial Branch • Article IV—Relations Among States • Article V—Amending the Constitution • Article VI—Supremacy Clause • Article VII—Ratification

  16. Bill of RightsAmendments [1-10] • Freedom of religion, press, speech, and general assembly • Right to bear arms • Search and Seizure (right to privacy) • Rights of the Accused • Right to a Speedy Public Trial • Rights of the people 10. Federalism

  17. Presidential Powers • Commander-in-Chief • Veto legislation • State of the Union address • Appointments • Make treaties and recognize other nations.

  18. Congressional Powers • Taxation (all MONEY issues usually begin in the HORS) • Army and Navy (militias) • Borrow Money • Set up federal court system • Interstate Commerce • Elastic Clause • Impeachment of officials

  19. Judicial Powers • Cases under the Constitution, laws of the United States, and treaties made • Trial by jury • Treason trials • Impeachment (Chief Justice only)

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