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.

The Philadelphia (Constitutional) Convention of 1787

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

The Constitution: “A Bundle of

Compromises”

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.

1. The Connecticut Compromise

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.

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.

2. The 3/5 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:

1. Slaves could continue to be imported (brought in to the country from Africa) until 1808 – about 20 more years

2. Congress would not have the power to tax exports (goods shipped out of the country to other countries)

3. Slave Trade Compromise

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

Obj. 2: Ratifying the Constitution

Two sides emerge:

Federalists

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

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**

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.

Ratification

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

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

A New Government

Obj. 3: Fundamental principles of the US Constitution

Functions of the Constitution (What does it do?)1. It is the highest form

of law in the US2. Lays out the

framework and procedures of our govt

3. Sets limits on govt power

6 Basic Principles of the Constitution

1. Limited Government2. Popular Sovereignty3. Separation of

Powers4. Checks and

Balances5. Judicial Review6. Federalism

1. 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

6 Basic Principles of the Constitution

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…”

3. 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

4. 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

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)

Checks and Balances: Examples

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

5. Judicial Review

Courts have the power to determine constitutionality of all laws and government actions

In other words, courts can declare illegal, null and void any 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.

6. 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