The Constitution

What are the historical roots of the Constitution?

- written to address problems - written by 12 people - supreme court finalize constitution (9 members were appointed by the president and approved by the state) - written to form a perfect union

What are the five fundamental principles contained in the Constitution? & Describe them.

1) separation of power/check & balances- 2) republican form of government- 3) popular sovereignty- the people have supreme power 4) federal system- 5) limited government-

What is an ANTIFEDERALIST?

Opponents of the ratification of the Constitution, who later coalesced into a political party supporting Thomas Jefferson for president in 1800

What is the Declaration of Independence?

The resolution adopted by the Second Continental Congress on July 4, 1776, that the American colonies are to be "free and Independent states." Drafted by Thomas Jefferson, it asserts natural law, inalienable, government by contract, and the right of revolution. John Hancock is said to have signed first in large letters so King George III could read it without his glasses.

How did the framers deal with SEPARATION OF POWER/ CHECKS AND BALANCES at the Convention?

The separation of powers and checks and balances written into the Constitution were designed, in Madison's words, "to divide and arrange the several offices in such a manner as that each may be a check on the other." Judicial review was not specifically described in the original Constitution, but the Supreme Court soon asserted its power to overturn laws of Congress and the states, as well presidential actions, that the Court determined to be in conflict with the Constitution.

What is the ratification process?

congress decides which on 2 choices get used 1) a vote of 3/4 votes of state legislative (means 38 out of 50 states) or 2) conventions in 3/4 of states

Describe the group of individuals who attended the Constitutional Convention of 1787

74 delegates were chosen to attend the Constitutional Convention. Of these, 55 attended. 11/12 of the states' delegates attended, none of which were Rhode Island. All delegates were wealthy, white, high-educated men. Over half were lawyers. Many served in the Continental Army and/or in other Constitutional Conventions. All of them had been members of Congress previously. Most of the men were merchants and plantation owners, and 31/55 attended a University. [There were 34 lawyers, 10 judges, 7 state governors, 39 members of Congress, 21 solders who had fought in the Revolutionary War, and 8 who had signed the Declaration of Independence). The delegates met in Philadelphia in early May. On May 25, the first meeting began in the State House of Philadelphia (which is now known as Independence Hall). Of these delegates, there were several important people: -The youngest delegate was Jonathan Dayton of New Jersey, who was 28 years old. -Ben Franklin of Pennsylvania was the oldest, being 81 years old. -George Washington was the elected president of the Convention. I t was his job to see that the meetings ran smoothly. -James Madison, a delegate from Virginia, wrote much of the Constitution, now nicknamed as "The Father of the Constitution". -Another who attended was Governor Morris. Morris came up with most of the actual words of the Constitution. He had a wooden leg and could not use one arm, but he could put words together for everyone to understand. -Edmund Randolph of Virginia was a spokesman for the states with large numbers of people. -William Paterson of New Jersey was the spokesman for states with small numbers of people. The Constitution was ratified by all 12 states delegations on September 17, 1787.

What is the CONSTITUTION?

A constitution legally establishes government authority. It sets up governmental bodies (such as the House of Representatives, the Senate, the presidency, & the Supreme Court). It grants them powers. It determines how their members are to be chosen. And it prescribes the rules by which they make decisions.

What was the CT Plan (The Great Compromise)?

A constitutional plan that merged elements of a Virginia Plan and a New Jersey plan into the present arrangement of the U.S. Congress.. one house in which each state has an equal number of voters (The Senate) and one house in which states' votes are based on population (House of Representatives)

What is Shay's Rebellion?

An armed revolt in 1786, led by a Revolutionary War Officer, Daniel Shays, protesting the discontent of small farmers over debts and taxes, and raising concerns about the ability of the U.S. government under the Articles of Confederation to maintain internal order.( convinced people that government was no prepared to protect the peoples interests and something had to change)

What is the amending process?

Either a 1) proposal- a change must be suggested with 2/3 majority vote in each chamber of congress (2/3 of house and 2/3 of senate) agree or 2) national convention called by Congress at the request of 2/3 of states

What was the Virginia plan?

Favored representation based on population. Framers from the large states supported this plan because it would give them a great deal of power. Representatives from small states, however, rejected the plan because they would have fewer seats than the larger states and consequently less power.

How did the framers deal with SLAVERY at the Convention ?

Framers also debated about how slavery should affect representation in the House of Representatives. Roughly 90 percent of slaves in 1787 lived in the South and accounted for about 30 percent of the southern population. Southern delegates wanted slaves to be counted as people only when determining representation in Congress because a larger population meant more representatives and therefore more political power. Northern delegates opposed this view, however, and did not want slaves to be counted as people when determining a state's population. According to the Three-Fifths Compromise, which resolved the dispute, slaves would be counted as three-fifths (60%) of a person when apportioning seats in the House of Representatives.

How did the framers deal with the VOTER QUALIFICATION at the Convention?

Framers debated about how the president would be elected. Some representatives, for example, favored direct election of the president, whereas others wanted to ensure that only the "best men" could hold the office. They compromised by creating the Electoral College, a presidential voting system whereby a special body of electors in each state casts a fixed number of votes for the president according to the combined number of seats the state has in the House and the Senate. For example, if a state had ten seats in the House and two seats in the Senate, it would cast twelve electoral votes in the Electoral College. Electors can chose whether to vote according to the wishes of the people in their state. The framers intended the Electoral College to serve as a safeguard should the people ever elect a president unwisely. According to the Constitution, the House of Representatives chooses the president if no single candidate receives a majority of electoral votes.

How did the framers deal with the REPRESENTATION at the Convention?

Framers debated extensively about how the people and the states would be represented in the national legislature. Most delegates favored one of two representation schemes the Virginia Plan or the New Jersey Plan

What was the NJ Plan?

Proposed giving each state equal representation in the legislature. Framers from smaller states supported the New Jersey Plan because they believed that all states should have equal power, regardless of population.

What is a FEDERALIST?

Supporters of the ratification of the Constitution, who later coalesced into a political party supporting John Adams for president in 1800.

What are the major features and weakness of the Articles of Confederation?

The Articles of Confederation created a weak national government with most of the governmental powers retained by the states. The Articles provided no separation of branches. There was no president or any other independent executive, nor was there a federal judicial branch. Congress, the legislature, was the only branch of government. Laws required unanimous votes. Members elected to congress did not vote as individuals, but as states. While congress did have some powers, it could not enforce its laws on the states or the people. States were permitted to coin their own money. There was no regulation of commerce between the states and states could even enter into treaties with foreign nations and declare war, "with the consent of Congress." Congress could not tax the states or the people, it could only request funds to run the government. ( didn't have power to tax, no power for army, weak federal government, no stability to protect lives & property)

Summarize the Bill of Rights

The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limit the power of government, in order to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and reserve some powers to the states and the public. While originally the amendments applied only to the federal government, most of their provisions have since been incorporated by way of the Fourteenth Amendment. (mainly James Madison) and only intended for national government

How does the Declaration of Independence reflect democratic principles?

The Declaration of Independence reflects democratic principles because it contributed to Americans understand their rights as citizens "all men are created equal",

What is the role of the Federalist Papers in the ratification process?

The Federalist Papers were one of the most important defenses of the Constitution appeared as essays. These authors of the Federalist Papers tried to reassure Americans that the new federal government would not overpower the states.

What were some effects of Three-Fifths Compromise?

The Three-Fifths Compromise was probably necessary to keep the states together as a united country. Had slavery been banned outright, southern states would probably have walked out of the convention, possibly leading to the eventual collapse of the United States. But the compromise had severe consequences in that it legitimized slavery and increased the South's power and representation in Congress.

Summarize the Amendments 11-27

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