After the Articles

• Count off by 5s• Each group will receive an

envelop; do not open it until I tell you!

• When I tell you…BEGIN!• Describe the game you

devised.• How you feel as you played.?

The Significance?

• In May of 1787, outstanding citizens from 12 states gathered in Philadelphia. They planned to be there only a little while. They had come to improve the Articles of Confederation and try to create more unity and cooperation among the states. Rhode Island sent no representatives. How did those men feel that May?– Today, you used 12 paper clips. They represent

the patriots who came from the 12 states. The die represents luck and each day that rolled around from May 25 to September 17.

The Constitutional

Convention

• Reason for the Convention: The U.S. had become convinced that the government under the Articles of the Confederation had several flaws. Can you name them? – The convention was to begin on

May 14, 1787, but only eight delegates were present.

– On May 25, 1787 after the majority of states were in attendance, the convention began.

The President & the Secretary

• George Washington – President of the Convention

• Only spoke once during those long, hot months.– I will not interfere

unless it gets unprofessional, off-topic, or we need to call a vote/ move onto the next issue.

• William Jackson (S.C.) – Secretary– Since William Jackson

is not represented here, we need to elect our own Secretary who will record all the notes for the Convention.

The Rule of Secrecy

• "That nothing spoken in the house be printed, or otherwise published or communicated without leave."

Rules, Rules, Rules• How many rules did the actual delegates

devise?– 16 and then 6 more

• Form three committees and come up with the rules you feel we should have as a convention.– What is expected from each of you? – How will we conduct ourselves? – Etc...

Ladies..ahem, Gentlemen…

• Should we keep the Articles of Confederation?–What were we sent here to do?–Why should we keep them?–What’s our other option?

Tonight’s Assignment

• Read: Questions on Legislative Branch…– After reading it, decide how your delegate would

feel about the issues and then brainstorm a prepare your speeches/arguments for tomorrow. (Record this in your packet.)

– Be ready to debate tomorrow.

• EXTRA HOMEWORK:– Virginia Delegation: Read Virginia Plan– New Jersey Delegation: Read NJ Plan– Alexander Hamilton: Read Hamilton’s Plan– Roger Sherman: Read The Great Compromise

Opening Question:

• For what reason did most delegates believe they were meeting?• What did we decide

yesterday?

The Legislature• Please make sure you are sitting next

to/near the delegate from your state– Caucus with other state members or like-

minded delegates what you read last night.• Virginia Delegation meet alone• Small States Caucus (DE, NH, NJ, GA)• Medium States Caucus (CT, MD, SC, NC)• Large States Caucus (MA, NY, PA)

The Legislature• How many houses should there be in the national

legislature?• What powers should the federal legislature have?• What powers should be kept by the states?• How should representation be decided?

(population, by state, other)• Who should choose representatives to the house(s)?• How long should a representative serve?• Can they be re-elected? If so, how many times?

The Legislature• May 29, 1787 Edmund Randolph from

Virginia submitted and defended a set of Fifteen Resolutions known as the Virginia Plan the to the Convention

• Will a delegate from Virginia please propose the “Virginia Plan”– Please give us the key points

• How was representation to be determined?• How many houses in the legislature?• How many branches proposed?

• The floor is now open for debate on the topic of the Virginia Plan

Hold Up…2 New Plans Emerge

• June 11, Roger Sherman proposed a new plan– Becomes known as the

Connecticut Compromise, which will be discussed tomorrow.

• June 14, New Jersey (William Paterson) requested postponement of Amended Virginia Plan to present an alternative plan.

The New Jersey Plan• New Jersey delegates please present the key

points of the New Jersey Plan• The floor is now open for debate on the

Virginia Plan• Do we have any further proposals to

debate?– Alexander Hamilton…do you have anything to

say?

Closing Vote…• How many branches of government will we

have? • Will the legislature be bicameral or

unicameral (one house or two houses)?

For Tomorrow…• Read the next article, “The

Great/Connecticut Compromise” and pages 214-215 in your textbook.

• Complete the question in the packet:– What was the solution the convention

reached?

Key Points of Both Plans (VA & NJ)

Virginia• 3 Branches—legislative, executive,

and judicial • Wanted representation based upon

population• Highly centralized gov’t would

have veto power over state laws• Key issue (as stated by Morris of

PA) was the difference between:– Federation—a mere compact resting

on the good faith of the parties, shadow government fragmented and hopelessly ineffective

– National Government—complete and mandatory operation; supreme power capable of exercising the necessary authority

New Jersey• Called only for revisions to

the A of C– Make Congress better able

to raise revenue– Regulate commerce– Let it ratify treaties as the

“Supreme Law of the States”– They wanted 1 vote one

state as they were guaranteed under the A of C

Hamilton’s Plan• He called for a

government just like Britain’s which he claimed was the “best in the world”– This scared the

other states! – Why would he want

this system? Where have I seen this guy’s

face before?!?

Duh!

The Connecticut Compromise

• Would Roger Sherman please rise and present his plan.

• Please discuss with your caucus the following:– How representatives and senators

should be elected?– How long their terms should be?– Power of states vs. Congress…who

should have ultimate power?– What about an Executive? What role

will he (they) play and how long should he be in office?

– Let’s Debate!

The Great (CT) Compromise

• It’s OFFICIAL: We’re creating a new government, not just revising the old A of C

• Bicameral Legislature (2 Houses)– Senate—Upper House (2 votes/state)– House of Representatives—Lower House (votes based upon

population)– Senators—6 year terms– Representatives—2 year terms

• Why was it important?– It allowed small states to accept the idea of a strong central

government

For Tomorrow

• Please read the article on Slavery.

• Make sure you complete the questions that follow the article!

To Recap• What major obstacle plagued the

convention during the first days of debate?• What was the name of the compromise the

delegates came to? – What did it say?

The Connecticut or Great Compromise

• Were creating a new government, not just revising the old A of C

• Bicameral Legislature – Senate—Upper House (2 votes/state)– House of Representatives—Lower House (votes

based upon population)– Senators—6 year terms– Representatives—2 year terms

Representation

Slavery & Representation

• “On August 21 Martin of Maryland proposed a tax on slave importation, the convention was thrust into a strident discussion of the institution of slavery and its moral and economic relationship to the new government.”

Zoinks!Against Slavery• Samuel Hopkins of CT—“How

does it appear…that these states, who have been fighting for liberty and consider themselves as the highest and most noble example of zeal for it, cannot agree in any political Constitution, unless it indulge and authorize them to enslave their fellow men…AH! These unclean spirits, like frogs, they like the Furies of the poets are spreading discord, and exciting men to contention and war.”

For Slavery• C. Pinckney stated, "if

slavery be wrong, it is justified by the example of all the world."

• Rutledge warns that North Carolina, South Carolina and Georgia will not sign the Constitution without certain slavery protection clauses.

Representation • The delegates still had not voted on the how the

representation was going to be determined. This is what we are going to do today.

• Take a few minutes and determine how your delegate would feel about representation. – How do you feel representation should be

determined?!? • Men (landowners, etc), children, women, people of

color? • Fill out the questions if you haven’t and CAUCUS

– Debate!

The Executive Branch

• Should we have an executive? Why or why not?

• How many executives should we have (if we have any)?

• What powers will the executive(s) have?• How long should s/he/they serve?• Can they be re-elected? If so, how many

times?

The 3/5 Compromise

• Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons .

To Recap…• What was the 3/5

Compromise?– 1 free person/one vote– 3/5 of all other people

for the purposes of taxation and representation

– Preserved the practice of slavery• Slave trade would

continue until 1808 (20 yrs.)

How it plays out…• 1793 slave states would have been

apportioned 33 seats in the House of Representatives had the seats been assigned based on the free population; instead they were apportioned 47

• In 1812, slaveholding states had 76 instead of the 59 they would have had

• In 1833, 98 instead of 73.

Madison’s Words

“Twenty years will produce all the mischief that can be

apprehended from the liberty to import slaves." He

also "thought it wrong to admit into the Constitution the idea that there could be

property in men."

The Executive Branch

• Should we have an executive? Why or why not?

• How many executives should we have (if we have any)?

• What powers will the executive(s) have?• How long should s/he/they serve?• Can they be re-elected? If so, how many

times?

Electing a President

The Electoral College

Vote for me!No, vote for

me!

Don’t be a fool, vote for

me!

Seriously? Father of the

Constitution here…vote for

me!

I’m gonna buy Florida from

Spain…Disney here we come! Vote for

me!

My dad was President…doesn’t that make you want to vote

for me?!?

Actually…

I’m not voting for any of you suckers…I’m voting

for ELECTORS! Take that former Presidents

of the USA!

The Electoral College

• The Electoral College is a group of electors who gather to cast their votes for the presidential candidates

• When we as Americans are casting our votes for the presidential candidates, we are actually casting our votes for electors, who will cast their votes for the candidates

• The presidential candidate who receives the most votes in each states gets ALL the electoral votes for that state.– Each state gets 2 (for the 2 Senators) and the number of

representatives (in PA, 21 Reps)…So we have 23 electors representing PA in the Electoral College

Example…

• If the state of Vermont has three electoral votes, it casts all of its electoral votes for the winning candidate.

• So if Diana Johnson has 4,100,102 votes and Fred Smith has 4,100,100 votes, Diana Johnson still gets all three of Vermont's electoral votes and Fred Smith gets 0.

Total Number of Electors

• 538 – one for each Representative (435), each Senator (100), and three votes for the District of Columbia (Wash, D.C.)

• To win the Presidency a candidate must secure a majority…how many votes is that?– 270 Electoral College Votes = “magic number”– What if there’s no majority?!? • The House of Representatives selects the President

Let’s Recap • What were the three ways that the

Constitutional Convention debated electing a president?– Direct election, legislative appointment, electoral

college

• Explain the Electoral College…– How many electors are there? How did the

delegates at the convention decide this?!?• 538 - one for each state rep in congress and three for

DC

– How many votes does a candidate need to win?• Magic number is 270

Why???

• The Founding Fathers included the Electoral College as one of the famous "checks and balances" for two reasons: 1) to give states with small populations more of

an equal weight in the presidential election and

2) they didn't trust the common man (Remember, women couldn't vote then.) to be able to make an informed decision on which candidate would make the best president.

Debate…

• Get in your caucuses and discuss the following:1. How should the president be elected?• Legislature? Direct election? Electoral College?

2. What qualifications must the president meet in order to become president?

3. How long should the president serve?4. What should the overall job of the president be?

• Debate and then we’ll vote!

Conclusions of the Convention…

• Agreed (8 - 3) on Electoral College with majority of electoral votes needed for the election of the Executive.

• Agreed (nem con) that the President should be:1. Natural-born citizen, or born abroad, but only to

parents who were both citizens of the U.S. 2. A permanent resident for 14 years in the USA 3. Be 35 years of age.

• Term of the President is 4 years

Conclusions of the Convention…

• Job of the President:– Sign or veto legislation– Commander-in-chief of the military– Directs US foreign policy– Chief executive – "take(s) care that the laws be

faithfully executed.”– Power to nominate federal judges– May grant pardons

For Tomorrow

• Read the article on Judicial Review & Judicial Power

• Make sure to prepare for the following topics:– What is the judicial branch’s role in the

government?– Should there be a Council of Review?– Terms of judges?

The Judiciary• Should we have a national court system? Why

or why not?• If so, how should it be set up?• How long should the term of office be for a

justice?• Should they be able to serve more than one

term? If so, how many?

The Judiciary• Proposal: A “Council of Revision” to review

all bills passed by the legislature BEFORE they went into effect?– So basically, for a bill to become law, the

President AND the Judiciary (Supreme Court) would have to approve said bill…

– This is called PRIOR REVIEW

Gerry & King• Both objected to allowing the

Judiciary the power of prior review…why?!?– Bias…If the judges helped to make

the laws, how could they possibly then say that the laws were UNCONSTITUTIONAL?

What is Judicial Review?

• The actions of the Executive (President) and Legislative (Congress) branches are able to be reviewed by the Judicial branch (the Supreme Court).– One of the key “checks and balances” in our

government

Today’s Court• John Roberts – Chief Justice– Conservative wing: John Roberts, Antonin

Scalia, Clarence Thomas & Samuel Alito– Liberal wing: Stephen Breyer, Ruth Bader

Ginsberg, Sonia Sotomayor, Elena Kagen– Anthony Kennedy: conservative who

sometimes goes liberal

Roberts Scalia Thomas Alito

Ginsberg Breyer Sotomayor Kagen

Kennedy

Liberal

Conservative

Goin’ Rogue

Confirmation of Justices

• Senate Judiciary Committee conducts hearings• Sends to full Senate vote with a positive, negative

or neutral report…– Only 12 rejected– Robert Bork…”Borked”– Regan’s withdraw of nomination – Douglas Ginsburg– Bush’s withdraw of nomination - Harriet Miers

US District Court(Federal Trials)

U.S.Circut Court of Appeals

Municipal or County Court(Local Trials)

Intermediate Court of Appeals

State Supreme Court(Highest State Court)

US Supreme Court

Appeals

Appeals

Appeals

Federal Cases

State Cases

The Court System• State courts– Superior, county, district or municipal courts– Deal with traffic, family, criminal, probate and

small claims• Federal Courts – Parties are from different states– Dispute is over $75,000– Federal offenses: mail fraud, art theft, identity

theft, kidnapping, tax evasion, counterfeiting, immigration offenses, assassinating the President

How are cases heard…• Petition for certiorari - request of a lower court

to send up records• Each side gets 30 minutes to make their case and

answer questions

The Federal Court System

• 94 Federal Districts Courts– Trial courts, original jurisdiction (hear a case

for the 1st time)

• 13 Court of Appeals – Hear cases that have been tried already, but are

on appeal• 12 = geographically designated• 1 = US Court of Appeals for the Federal Circuit

• Supreme court - highest court in the land

The Supreme Court• Article II establishes the President’s right to

nominate justices subject to Senate approval• Article III further provides that "[t]he Judges,

both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.“– For life…or until they retire!

Powers of the Supreme Court

• "The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;

• To all Cases affecting Ambassadors, other public Ministers and Consuls;

• To all Cases of admiralty and maritime Jurisdiction;• To Controversies to which the United States shall be a Party;• To Controversies between two or more States;—between a

State and Citizens of another State;-between Citizens of different States;—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.”

Reflection & Analysis

• What was the most challenging part of the convention? Explain.

• What did you learn from the experience?• Did it change how you thought about our

Founding Fathers? If so, how?• What did this taste of “democracy in action”

do to the groups in the class (Ex: North, South, Large State, Small State, etc…)

Next Week: Exam

• Study guide: Please use the Simulation folder (I will return them tomorrow) and the PowerPoint (and the book Chapter 7.1) to prepare.

• Exam will consist of multiple choice, matching and essays.– Total Points: 36