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The Philadelphia Convention

The Philadelphia Convention

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The Philadelphia Convention

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  1. The Philadelphia Convention Who was there? • 55 delegates, rarely more than 11 states represented (RI never shows) • Very experienced in state and national gov’t - 60% college educated - 18 foreign born A convention of “nationalists”

  2. The Philadelphia Convention Rules, Structures, Strategies • No legal authority – perform single task, write constitution • Security/Secrecy – No role call votes – states voted as delegations • Recruitment – get most respected politicians behind the Constitution i.e. G. Washington, B. Franklin

  3. The Philadelphia Convention Rules, Structures, Strategies Appearance on unanimity is important No accountability to state legislatures Need for consensus gives power to small states “Deal with this or I’m outta here.”

  4. The Philadelphia Convention Conflict Within a Consensus Organized around the Virginia Plan created by Madison, proposed by E. Randolph Consensus: Tripartite national gov’t with bicameral legislature and veto over state laws

  5. The Philadelphia Convention Conflict Within a Consensus Organized around the Virginia Plan created by Madison, proposed by E. Randolph Conflict: Basis of representation, basic issues of federalism (nat. gov’t directly tax people?), structure on the executive (single or plural)

  6. The Philadelphia Convention Conflict Within a Consensus Alternate plan New Jersey offered by William Patterson - basically retains Articles structure- Legislative supremacy

  7. The Philadelphia Convention Conflict Within a Consensus Hamilton’s Plan offered to protect the VA Plan – it works - Abolish state gov’ts, President and Senate elected for life terms, President appoints State governors

  8. The Philadelphia Convention Compromise is the price of nationhood • Basic structure of VA plan adopted Representation debate solved Proportional = House, Equal = Senate 2 Senators each gets his own vote – makes Senate a little more independent of the States

  9. The Philadelphia Convention Solutions to problems • Congress under the Articles denied coercive power • Constitution – powers of Congress specifically enumerated and President with broad enforcement power - Commander in Chief – enforce laws passed by Congress • President’s power is limited by Congress

  10. The Philadelphia Convention US Constitution redefines the federal principle Dual citizenship is created – State and National Dual sovereignty – two governments act on people Coercion – Congress has the power to coerce states and individuals Because Congress can act on individuals – it must be elected directly by the people Extended Republic Create an aristocracy of talent not heredity

  11. The US Constitution The Culmination of the Enlightenment PREAMBLE: We the People of the United States... Establish Justice Insure domestic Tranquility Provide for the common defense Promote the general Welfare Secure the Blessings of Liberty

  12. The US Constitution Article I: Sec. 1 • Two house legislature

  13. The US Constitution Article I: Sec. 1 • Two house legislature Sec. 2 • Qualifications and Terms of members of the House • elected every 2 years, 25 yrs old, US citizen for 7 years, resident of the state • Three-fifths clause (13th A) – The Fatal Compromise • Impeachment power

  14. The US Constitution Article I: Sec. 3 • Qualifications and Terms of members of the Senate • elected every 6 years, 30 yrs old, US citizen for 9 years, resident of the state – Chosen by the legislature (17th A) • Vice Pres. is the President of the Senate – breaks ties • Trials of impeachment / Chief Justice presides over President – Punishment

  15. The US Constitution Sec. 4 • Time, manner, and place of elections controlled by State Legislature – Congress can alter such regulations • Congress must meet once a year

  16. The US Constitution Sec. 4 • Time, manner, and place of elections controlled by State Legislature – Congress can alter such regulations • Congress must meet once a year Sec. 5 • Each house determines its rules, a majority needed for a quorum – expulsion • Must keep a journal of proceedings

  17. The US Constitution Sec. 6 • Congress must be paid / immune from arrest • Can’t hold any other office

  18. The US Constitution Sec. 6 • Congress must be paid / immune from arrest • Can’t hold any other office Sec. 7 • Revenue bills originate in the House - Why? • Presentment Clause / veto power / 2/3rd override / pocket veto

  19. The US Constitution Sec. 8 • lay and collect taxes, provide for the general welfare • Borrow money • Regulate Commerce – w/ foreign nations and among the several states • Naturalization and Bankruptcy rules • Coin money and punish counterfeiting • Establish a post office • Intellectual Property rights • To define and punish piracy

  20. The US Constitution Sec. 8 • To Declare War • To raise an army and a navy • Creation of and control of the District of Columbia • Necessary and Proper Clause To make all Laws which shall be necessary and proper to carry into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States

  21. The US Constitution Sec. 9 • Ban on the slave trade after 1808 • Prohibitions on Congress - Writ of Habeas Corpus - no bills of attainder - no ex post facto laws - No Direct tax on the people - no taxes on exports from a state - no state preferences - no titles of nobility granted

  22. The US Constitution Sec. 10 • Prohibitions on States can’t make foreign treaties grant letters of Marque can’t coin money can’t pass bills of attainder can’t pass ex post facto laws can’t grant titles of nobility • Can’t impair the obligation of contracts • Can’t lay duties or imposts on interstate trade

  23. The US Constitution Article II – The Executive Branch Sec. 1 • Single executive - President of the United States, V.P. • Electoral college: electors can’t be Member of Congress – 12th A • Must be natural Born Citizen – Hamilton clause • 35 yrs old and a 14 year resident of the US  • The president will get paid • Oath of Office

  24. The US Constitution Article II – The Executive Branch • V.P. succeeds Pres. and Congress determines the rest of the succession- 25th Amendment - President [V.P. [Speaker of the House[President Pro Tempore [Secretary of State [Treasury [ Defense [ Attorney General [ Homeland Security [ Sec. of Interior [ Agriculture [Commerce [ Labor [ HHS [ HUD [ Transportation [ Energy [ Education [Vet. Affairs

  25. The US Constitution Article II – The Executive Branch Sec. 2 • Powers of the President - Commander in Chief, Grant Reprieves and Pardons, appointments, treaty making power (2/3rd approval of Senate) “advice and consent” • Executive Offices Sec. 3 • State of the Union address, execute the laws

  26. The US Constitution Article II – The Executive Branch Sec. 4 • Impeachment – Treason, Bribery, and High Crimes and Misdemeanors Impeached Presidents?

  27. The US Constitution Article III – The Judicial Branch Sec. 1 – • Supreme Court and inferior courts as Congress shall make • Judges shall hold their offices during “good behavior” • Judges get paid

  28. The US Constitution Article III – The Judicial Branch Sec. 2 – • Original jurisdiction – Cases involving ambassadors, other public ministers and consuls, and cases involving states – 11th A • Appellate jurisdiction • Trial by jury guaranteed – in the state where the crimes were committed

  29. The US Constitution Article III – The Judicial Branch Sec. 2 • Original jurisdiction – Cases involving ambassadors, other public ministers and consuls, and cases involving states – 11th A • Appellate jurisdiction • Trial by jury guaranteed – in the state where the crimes were committed Sec. 3 • Definition of Treason

  30. The US Constitution Article IV Sec. 1 • Full Faith and Credit Clause

  31. The US Constitution Article IV Sec. 1 • Full Faith and Credit Clause Sec. 2 • Privileges and Immunities Clause • Extradition clause • Fugitive Slave Clause

  32. The US Constitution Article IV Sec. 1 • Full Faith and Credit Clause Sec. 2 • Privileges and Immunities Clause • Extradition clause • Fugitive Slave Clause Sec. 3 • New states allowed Sec. 4 • Guarantee Clause

  33. The US Constitution Article V Amending the Constitution Step 1 – Proposing amendments 2/3rd of both Houses OR Constitutional Convention Step 2 – 3/4th of the state legislatures or ratifying conventions

  34. The US Constitution Article V Amending the Constitution Step 1 – Proposing amendments 2/3rd of both Houses OR Constitutional Convention Step 2 – 3/4th of the state legislatures or ratifying conventions

  35. The US Constitution Article VI • Debts paid • Supremacy Clause What is supreme? Constitution, law passed by Congress, treaties • No religious tests

  36. The US Constitution Article VI • Debts paid • Supremacy Clause What is supreme? Constitution, law passed by Congress, treaties • No religious tests Article VII Ratification by 9 state ratifying conventions

  37. The Bill of Rights religion, speech, assembly, press, petition bear arms no quartering troops search and seizure due process, double jeopardy, self incrimination speedy, public trial by jury trial by jury in civil cases cruel and unusual punishment other rights retained States rights