Drafting a constitution
- 1. Drafting a Constitution Chapter 5: Section 2
- 2. Constitutional Convention Philadelphia, PA – May 1787 Top secret proceedings Don’t fix the Articles, but create a NEW government Key figures – Franklin, Washington, Hamilton
- 3. Issues Increase national gov. while preserving states rights Fair representation of large and small states Role of slaves and slave trade
- 4. Issues Role and selection of chief executive (President) Two plans emerge: Virginia Plan & New Jersey Plan Compromise is a MUST
- 5. Virginia Plan 2-house legislature based upon state population This gave the 4 biggest states the most power
- 6. NJ Plan Single house of congress with each state having = votes This gives power to the 7 smallest states who only make up 25% of the pop.
- 7. Great Compromise 2-house Legislature Senate – each state would have = representation House of Reps – representation based upon population
- 8. What is Population? Slaves Can 3/5th’s 3/5 become an issues they be counted? Compromise of the slave populations would be counted
- 9. The New Government Power was divided between federal & state governments Federal would always supercede state power
- 10. Federal Affairs The federal government could regulate: Defense Foreign affairs Taxes Trade Money
- 11. State Affairs The state governments could regulate: Education Marriage Intrastate trade
- 12. Preamble Outlined goals of the proposed government and the 7 articles
- 13. Articles 1 – 3: Branches of Government Legislative – makes laws Executive – carries out laws Judicial – settle disputes on the laws
- 14. Principles of Government Checks and Balances Separation of Powers Limited authority
- 15. Executive Branch President would be chosen by Electoral College
- 16. Judicial Branch Supreme Court would be the ultimate authority deciding legal issues and conflicts
- 17. Electoral College electors equaling the number of senators and reps. would vote for the president General public was not educated enough to make the decision
- 18. Article 4 Describes the relationship between the states and federal government
- 20. Article 6 Pay off debts Est. supremacy of federal gov. over state gov. Loyalty oath for gov. officials
- 21. Article 7 9 of 13 states to ratify the constitution
- 23. Ratifying the Constitution 9 of thirteen states need to ratify Two groups emerged Federalists Anti-Federalists
- 24. Important Figures Anti-Federalists: Patrick Henry, Sam Adams, James Monroe, Richard Henry Lee Federalists: Alexander Hamilton, Ben Franklin, John Adams, George Washington
- 25. Federalists Favor a strong national government. Argue checks and balances prevent one branch from too much power Bill of Rights not needed: Const. protected rights (people govern themselves) Most states already had basic bill of rights
- 26. Federalists Wrote the Federalists Papers Discussed importance of strong national government
- 27. Anti-Federalists Anti-Federalists were concerned about the amount of power in national gov. and lack of rights of citizens Feared the new gov. would only benefit the wealthy Want Bill of Rights
- 28. Bill of Rights Madison studies 80 proposed amendments 12 submitted, 10 ratified First Ten Amendments to the Constitution Took effect in 1791 Protect certain basic rights of all citizens Which means any white male who is old enough (and who usually has land).
- 29. # of states needing to ratify to make Const law. Group that opposed the Constitution. Group that supported the Constitution. Favored national gov. Favored state govs. Wanted Bill of Rights Did not want Bill of Rights
- 30. # of states needing to ratify to make Const law. Group that opposed the Constitution. Group that supported the Constitution. Favored national gov. Favored state govs. Wanted Bill of Rights Did not want Bill of Rights Nine
- 31. # of states needing to ratify to make Const law. Nine Group that opposed the Constitution. Anti-Federalists Group that supported the Constitution. Favored national gov. Favored state govs. Wanted Bill of Rights Did not want Bill of Rights
- 32. # of states needing to ratify to make Const law. Nine Group that opposed the Constitution. Anti-Federalists Group that supported the Constitution. Favored national gov. Favored state govs. Wanted Bill of Rights Did not want Bill of Rights Federalists
- 33. # of states needing to ratify to make Const law. Nine Group that opposed the Constitution. Anti-Federalists Group that supported the Constitution. Federalists Favored national gov. Federalists Favored state govs. Wanted Bill of Rights Did not want Bill of Rights
- 34. # of states needing to ratify to make Const law. Nine Group that opposed the Constitution. Anti-Federalists Group that supported the Constitution. Federalists Favored national gov. Federalists Favored state govs. Wanted Bill of Rights Did not want Bill of Rights Anti-Federalists
- 35. # of states needing to ratify to make Const law. Nine Group that opposed the Constitution. Anti-Federalists Group that supported the Constitution. Federalists Favored national gov. Federalists Favored state govs. Anti-Federalists Wanted Bill of Rights Anti-Federalists Did not want Bill of Rights
- 36. # of states needing to ratify to make Const law. Nine Group that opposed the Constitution. Anti-Federalists Group that supported the Constitution. Federalists Favored national gov. Federalists Favored state govs. Anti-Federalists Wanted Bill of Rights Anti-Federalists Did not want Bill of Rights Federalists
- 37. Authored the Federalist Papers Most Important Federalist VA law that protected basic human rights VA law that forbid gov. support of one religion He drafted the Bill of Rights 1st Ten Amendments to the Constitution. 2nd Amendment Right
- 38. Authored the Federalist Papers Most Important Federalist VA law that protected basic human rights VA law that forbid gov. support of one religion He drafted the Bill of Rights 1st Ten Amendments to the Constitution. 2nd Amendment Right Madison, Hamilton, & Jay
- 39. Authored the Federalist Papers Most Important Federalist VA law that protected basic human rights VA law that forbid gov. support of one religion He drafted the Bill of Rights 1st Ten Amendments to the Constitution. 2nd Amendment Right Madison, Hamilton, & Jay George Washington
- 40. Authored the Federalist Papers Most Important Federalist VA law that protected basic human rights VA law that forbid gov. support of one religion He drafted the Bill of Rights 1st Ten Amendments to the Constitution. 2nd Amendment Right Madison, Hamilton, & Jay George Washington VA Declaration of Rights
- 41. Authored the Federalist Papers Most Important Federalist VA law that protected basic human rights VA law that forbid gov. support of one religion He drafted the Bill of Rights 1st Ten Amendments to the Constitution. 2nd Amendment Right Madison, Hamilton, & Jay George Washington VA Declaration of Rights VA Statue for Religious Freedom
- 42. Authored the Federalist Papers Most Important Federalist VA law that protected basic human rights VA law that forbid gov. support of one religion He drafted the Bill of Rights 1st Ten Amendments to the Constitution. 2nd Amendment Right Madison, Hamilton, & Jay George Washington VA Declaration of Rights VA Statue for Religious Freedom James Madison
- 43. Authored the Federalist Papers Most Important Federalist VA law that protected basic human rights VA law that forbid gov. support of one religion He drafted the Bill of Rights 1st Ten Amendments to the Constitution. 2nd Amendment Right Madison, Hamilton, & Jay George Washington VA Declaration of Rights VA Statue for Religious Freedom James Madison Bill of Rights
- 44. Authored the Federalist Papers Most Important Federalist VA law that protected basic human rights VA law that forbid gov. support of one religion Madison, Hamilton, & Jay George Washington VA Declaration of Rights VA Statue for Religious Freedom He drafted the Bill of Rights James Madison 1st Ten Amendments to the Constitution. Bill of Rights
- 45. 1 Amendment st Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievance.
- 46. 2 Amendment nd A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
- 47. 3rd Amendment No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. law
- 48. 4th Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
- 49. 5th Amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
- 50. 6th Amendment In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
- 51. 7th Amendment In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
- 52. 8th Amendment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
- 53. 9th Amendment The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
- 54. 10th Amendment The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
- 56. 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th Freedom of speech, press, assembly, petition, and redress.
- 57. 1st Freedom of speech, press, assembly, petition, and redress. 2nd Right to bear arms (weapons) 3rd 4th 5th 6th 7th 8th 9th 10th
- 58. 1st Freedom of speech, press, assembly, petition, and redress. 2nd Right to bear arms (weapons) 3rd Restricts how federal government can house soldiers in citizens’ homes. 4th 5th 6th 7th 8th 9th 10th
- 59. 1st Freedom of speech, press, assembly, petition, and redress. 2nd Right to bear arms (weapons) 3rd Restricts how federal government can house soldiers in citizens’ homes. 4th Protects individuals against unreasonable searches and seizures. 5th 6th 7th 8th 9th 10th
- 60. 1st Freedom of speech, press, assembly, petition, and redress. 2nd Right to bear arms (weapons) 3rd Restricts how federal government can house soldiers in citizens’ homes. 4th Protects individuals against unreasonable searches and seizures. 5th Grand jury required; no self-incrimination; no double jeopardy; no taking of private property with compensation. 6th 7th 8th 9th 10th
- 61. 1st Freedom of speech, press, assembly, petition, and redress. 2nd Right to bear arms (weapons) 3rd Restricts how federal government can house soldiers in citizens’ homes. 4th Protects individuals against unreasonable searches and seizures. 5th Grand jury required; no self-incrimination; no double jeopardy; no taking of private property with compensation. 6th Right to a fair and swift trial. 7th 8th 9th 10th
- 62. 1st Freedom of speech, press, assembly, petition, and redress. 2nd Right to bear arms (weapons) 3rd Restricts how federal government can house soldiers in citizens’ homes. 4th Protects individuals against unreasonable searches and seizures. 5th Grand jury required; no self-incrimination; no double jeopardy; no taking of private property with compensation. 6th Right to a fair and swift trial. 7th Right to a jury trial in civil cases in federal courts. 8th 9th 10th
- 63. 1st Freedom of speech, press, assembly, petition, and redress. 2nd Right to bear arms (weapons) 3rd Restricts how federal government can house soldiers in citizens’ homes. 4th Protects individuals against unreasonable searches and seizures. 5th Grand jury required; no self-incrimination; no double jeopardy; no taking of private property with compensation. 6th Right to a fair and swift trial. 7th Right to a jury trial in civil cases in federal courts. 8th Protects against cruel & unusual punishment and excessive bail. 9th 10th
- 64. 1st Freedom of speech, press, assembly, petition, and redress. 2nd Right to bear arms (weapons) 3rd Restricts how federal government can house soldiers in citizens’ homes. 4th Protects individuals against unreasonable searches and seizures. 5th Grand jury required; no self-incrimination; no double jeopardy; no taking of private property with compensation. 6th Right to a fair and swift trial. 7th Right to a jury trial in civil cases in federal courts. 8th Protects against cruel & unusual punishment and excessive bail. 9th Establishes people have rights beyond those stated in the Constitution. 10th All powers not given to feds or denied to the states are held by each state, or the people.