Constitution Part B

8/6/2019 Constitution Part B

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THE CONSTITUTIONARTICLES

OFCONFEDERATION

THE

FRAMERS

BILL

OF RIGHTS

RATIFICATION

COMPROMISES

AMENDMENT

PROCESS

ARTICLES

MOVEMENT TO

CONSTITUTION

THE

CONVENTION

SEPERATION

OF

POWER

TERMS

CHECKS

AND

BALANCES

PREAMBLE

AMENDMENTS

11-27


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ARTICLES OF CONFEDERATION

FEATURES

OF THE

ARTICLES

WEAKNESSES

OF THE

ARTICLES

The first official government of the United States was theArticles of Confederation. The articles reflected the

countrys fear of strong central government, and over time

would prove to be ineffective, cumbersome, weak and

unable to meet the needs of the new nation.


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FEATURES OF THE ARTICLESThe Articles as stated earlier had a number of features that showed

their fear of a strong central government or a situation like they hadleft with the King. Among the features:

1. No Chief Executive

2. Laws needed approval by 9 of the 13 states

3. No taxing power for Congress, request money from the states

4. Congress could not draft soldiers, again only request from states

5. No national court system

6. Any amendments required unanimous decision by states

7. Congress couldnt collect money owed to them by the states

8. Congress couldnt settle disputes between states


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WEAKNESSES OF THE ARTICLESThe weaknesses of the Articles is directly reflected by the

characteristics.

1. No Chief Executive left the country without leadership

2. Because they could not tax or collect debts owed the government

did not have the money to run the country properly

3. Needing 9 states to pass a law and all 13 to make an amendment,it was difficult if not impossible to make necessary changes

4. Without the power to daft an army, the government was unable

to properly protect the country

5. No national court system, created a system of varying law from

state to state, and a lack of enforcement by the government.

6. Not having the power to settle disputes between the states let

conflicts grow, and cause more disunity between the states.


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TOWARDS A NEW GOVERNMENTAs dissatisfaction with Articles of Confederation started to grow,

some influential leaders started working themselves toward makingchanges in their government. First George Washington hosted a

meeting between Virginia and Maryland to help settle disputes

between the two state. The success of that meeting encouraged some

to call for a convention at Annapolis to discuss possible changes.

While not enough representatives showed to do any real work at

Annapolis, Alexander Hamilton, and James Madison did show, and

had several meetings, deciding to hold a convention in Philadelphia

to, "take into consideration the situation of the United States, to

devise such further provisions as shall appear to them necessary torender the constitution of the Federal Government adequate to the

exigencies of the Union."


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THE CONVENTION

May 25, 1787, at the Pennsylvania State House is wherethe men would meet. Robert Morris nominated Gen.

George Washington for the presidency of the

Constitutional Convention. The vote was unanimous. To

many the general's mere presence boded well for theconvention. Washington almost remained at home,

suffering from rheumatism, the loss of his brother, and

doubting that the convention would accomplish much he

delayed accepting the invitation, finally agreeing to makethe trip after much deliberation.


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THE FRAMERS74 delegates were appointed to the convention, 55 actually

attended sessions. Rhode Island was the only state that

refused to send delegates because of their distrust of big

business. It has been said that the best and brightest of the

country were in attendance. This included Benjamin

Franklin, James Madison, John Jay, Alexander Hamilton

and others. There were some key leaders missing though.

They were without John Jay, Thomas Jefferson, and John

Adams who were working on foreign affairs assignments.

Also absent was Patrick Henry who highly distrusted the

whole thing, as he said, I smell a rat.


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COMPROMISES

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COMPROMISE

THE

GREATCOMPROMISE

COMMERCE &

SLAVE TRADECOMPROMISE

The Constitution is really a collection of a lot of

compromises. Thus, its nickname The Bundle ofCompromises Of the many compromises the three

that we are most interested in are below. These three

along with the others and the spirit of cooperation that

existed at the convention are what make theConstitution special.


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THE GREAT COMPROMISEThe Great Compromise, or Connecticut Compromise is probably the

most famous of the compromises. It settled the issue of the structureof and representation in the legislative branch. James Madison

proposed the Virginia Plan orLarge States Plan which suggested

representation in the legislature be based on population. William

Patterson suggested theNew Jersey Plan orSmall States Plan which

called for equal representation for every state regardless of

population or size. This dispute between large and small states

threatened to end the convention.

Roger Sherman would come to the rescue with his Connecticut

Compromise, or Great Compromise which created a bicameralor twohouse legislature with the one house based on population the other

based on equal (2) representatives per state. This was agreed upon

and is the structure we still use.


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3/5 COMPROMISE

Once the structure of the Legislative branch was decidedthe next big question came in deciding population and

taxation, specifically how slaves would be counted.

The Southern states wanted to count slaves as population

towards representation, but not for taxation.

The Northern states wanted the opposite. They wanted

them counted for taxation but towards representation.

Oliver Ellsworth suggested counting slaves as 3/5 of a

person for both representation and taxation. After a week

of discussion it was agreed upon and made so


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COMMERCE COMPROMISEThe last of the major compromises was the Commerce and Slave

Trade Compromise. It helped settle the issue of commerce (trade)

and fugitive slaves.

The South wanted a stronger fugitive slave law, and did not want

the government controlling their trade especially their cotton

exports.

The North on the other hand wanted slaves who reached free

territory to be free. They also wanted an end to the slave trade,

and wanted the government to regulate domestic and international

trade.

The compromise resulted in the following provisions:

Stronger fugitive slave law

Government controls trade but cannot tax exports.

Government cannot touch slave trade for 20 years


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ARTICLES

ARTICLE

I

ARTICLEV

ARTICLEIV

ARTICLE

II

ARTICLEVI

ARTICLE

III

ARTICLEVII


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ARICLE I

Establishes the Legislative Branch


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ARTICLE II

Establishes the Executive Branch


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ARTICLE III

Establishes the Judicial Branch


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ARTICLE IV

Deals with Interstate Relations


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THE AMENDMENT PROCESS

ARTICLE V

Outline the Amendment Process


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ARTICLE VI

Establishes the idea of National

Supremacy


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ARTICLE VII

Outlines the Ratification Process


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BILL OF RIGHTS

AMENDMENT

IV

AMENDMENT

VIII

AMENDMENT

VII

AMENDMENT

V

AMENDMENT

IX

AMENDMENT

VI

AMENDMENTI

AMENDMENTII

AMENDMENTIII

AMENDMENT

X


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AMENDMENT I

Religion

Speech

Press

Peaceful Assembly

Petition

Rights

:

This allows us to speak our minds about

what we want without oppression and


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AMENDMENT II

The Right to bear arms and to form state militia

This amendment allows citizens to

defend themselves from danger.


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AMENDMENT III

The right to decide on whether or notto quarter soldiers.

This amendment protects our privacy and

allows us to have freedom.


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AMENDMENT IV

This amendment prevents Unreasonable Searchand Seizure unless accompanied with a warrant.

This amendment protects your privacy and does not allow police

to arrest you without probable cause.


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AMENDMENT V

No Self-Incrimination

No Double Jeopardy

Cannot be deprived

of life, liberty, orproperty without justcompensation.

This protects yourrights as a citizeneven if you aresuspect of committing

a crime.


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AMENDMENT VI

This amendment gives a citizen the right to aspeedy trial by an impartial jury in the state in which

the crime was committed and to be told what crime

you are being accused for. You are also told who is

testifying against you.

This amendment protects your rights and

liberties as a citizen of the U.S.


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AMENDMENT VII

All jury cases exceeding twenty dollars in all U.S.

courts will be preserved under this amendment.

This allows the accused to be represented in court

whether they can afford it or not.


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AMENDMENT VIII

This amendment states that large amounts of bailor fines or cruel and unusual punishment shall be

inflicted upon the accused.

This amendment gives fairness in all punishments

given out.


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AMENDMENT IX

The amount of rights a citizen has is endlessbut the constitution states all basic rights and shall

not be denied to the citizens, unless a crime is

committed.

This protects all our basic rights as citizens of the U.S.


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AMENDMENT X

Any right not expressly given to the National

Government is reserved to the State Government

or the people.

The National Government cannot take all the

powers that arise after the Constitution is established.


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RATIFICATIONOnce they completed this new government, the Framers

started the process of ratifying (formal approval) of the

Constitution. As outlined in the Constitution they need 9of the 13 states to consider the Constitution in effect. In

spite of the fact that they had nine states they were very

concerned that it did not include either New York or

Virginia (the 2 most populated states). These two statesturned into a battleground. John Jay , James Madison,

and Alexander Hamilton published a series of 74 essays

called the Federalist Papers. Both Virginia and New York

would ratify the Constitution, as would the other 11 in theend. The new government set up in it new capital of New

York City. They elected George Washington unanimously

the first president.


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AMENDMENT PROCESSThere are essentially two ways spelled out in the Constitution for

how it can be amended. One has never been used.


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TERMSRATIFICATION FORMALLY APPROVE

JUDICIAL REVIEW-POWER TO DECLARE LAWS ORACTIONS UNCONSTITUTIONAL

FEDERALIST PERSON INFAVOROF THE

CONSTITUTION

ANTI-FEDERALIST PERSONOPPOSED TO THECONSTITUTION

FEDERALISM- SHARINGOF POWER BETWEEN

STATEAND FEDERALGOVERNMENTS

BUNDLE OF COMPROMISES NICKNAMEGIVEN TOTHECONSTITUTION


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SEPERATION OF POWEREach branch of the government has particular powers,

including certain powers over the other branches.

This is done to keep them balanced and to prevent onebranch form ever gaining too much power. The power

branches have over each other are called checks.

Legislative

BranchMakes the laws

Executive

Branch

Enforces and carries out

the laws.Judicial

BranchInterprets the laws

CHECKS AND BALANCES


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CHECKS AND BALANCES


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CONSTITUTIONAL PREAMBLE Intro that states the goal and purpose of the govt.

Why the Constitution was written

Six purposes.

1. United the states more effectively as a single nation.

2. Create a system of fair laws and to ensure govt treats peoplefairly.

3. To maintain peace and order, keeping property and citizens

safe

4. To have a standing ready army for national protection

5. To help citizens live healthy, happy and prosperous lives

6. To guarantee rights of people and their children.


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AMENDMENTS 11-15

11th: SUITS AGAINST THE STATESCitizens from one statecannot sue a citizen from another state without that states approval.

12th: Requires presidential electors to vote separately for president

and vice president.

13th: Abolished slavery

14th: RIGHTS OF CITIZENSOriginally intended to protect

rights of freedmen, today it prohibits states to deprive any person of

life, liberty or property without due process of the law.

15th: VOTING RIGHTSGuaranteed voting rights and outlawed

denial of voting rights based on race, color, or previous servitude.


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AMENDMENTS 16-22

16TH: INCOME TAXCongress can levy an income tax.

17th: POPULAR ELECTIONS OF U.S. SENATORS.

18TH: PROHIBITION OF ALCOHOL.

19TH: WOMENS SUFFERAGERight to vote.

20th: LAME DUCK Set new dates for Inauguration of the

President to Jan. 20 and Set Congress opening for Jan 3

21st: REPEALED THE 18THFederal govt may regulate alcohol.

22nd: LIMIT TO PRESIDENTIAL TERMS.

Limits President to two terms or maximum of 10

yrs

.


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AMENDMENTS 23-27

24th: PROBID POLL TAX FOR FEDERAL ELECTIONS

25th: SUCCESSION OF PRESIDENT.Also describes the rules for filling in the Vice President

vacancy

26th: RIGHT TO VOTE AGE 18 Was 21.

27th: CONGRESSIONAL SALARIES. Congress cannot give

themselves a pay raise until after the next election.

23rd

: VOTING RIGHTS TO D.C. CITIZENS..

Documents

Constitution Part B