Writing & Ratifying the Constitution, 1787-1789

Compromises made in writing the Constitution
Compromise / Issue / What compromise was reached
Great Compromise
(Connecticut Plan) / New Jersey Plan:equal representation—favors smaller populated states.
Virginia Plan: representation based on population—favors larger populated states. / A bicameral system was reached. The New Jersey Plan was used for the Senate (2 members per state).
The Virginia Plan was used for the House of Representation (number of representatives based on population).
3/5 Compromise / The south wanted to count slaves as people for representation and as property for tax purposes. The North said—No, you can’t have it both ways / They will count each slave as three fifths of a person, so 5 slaves = 3 people.

Trade Compromise / *Southerners opposed tariffs because their economy was heavily dependent upon trade.
*Northerners wanted tariffs to protect their industries from foreign competition. / The Constitution allows the federal government to tax interstate trade but not intrastate trade.
How the Weaknesses of the Articles of Confederation
Were Corrected by the Constitution
Articles of Confederation / Constitution of the United States
  • States have most of the power. The national government has little
  • No executive officer to carry out laws
  • No national courts. Only state courts
  • Congress is responsible to the states
  • Nine out of 13 states have to approve a law before it can go into effect
  • Congress has no power to tax
  • Congress can’t regulate trade among the states
  • Each state coins its own money. No national currency
/
  • Most power is given to the national government, but the state retains some
  • A president heads the executive branch
  • Both national and state courts exist.
  • Congress is responsible to the people
  • Laws may be passed by a majority vote of both houses of Congress
  • Congress given the power to tax
  • Congress given the power to regulate interstate and foreign trade
  • Only the national government has the power to coin money

The Great Debate

Federalists / Antifederalists
-James Madison
-Alexander Hamilton
-They wanted a strong national government / -Thomas Jefferson
-Wanted strong state government
-They were afraid the president would be like a king
-Feared the gov’t would have unlimited power
-They feared for Americans’ individual liberties
Federalist Papers— Written by Alexander Hamilton, James Madison & John Jay, they were a series of essays to persuade the NY State convention to agree to the Constitution
The federalists added the Bill of Rights to appeal to the antifederalists. These were amendments designed to protect citizens’ rights.

Principles of the Constitution

Popular Sovereignty / People decide—the government receives its power from the people. This was used to decide if slavery should be allowed in a new territory
Limited government / The power of the government is limited to ensure that not one person/branch of government has too much power.
Federalism / A strong central government—where power is divided between national government and state/local governments.
Separation of Powers / 3 Branches of Government
  1. Legislative Branch—make laws
  2. Executive Branch—The President, enforces laws
  3. Judicial Branch—Supreme & Federal Courts

Checks and Balances / The system of checks and balances gives each of the three branches of government the ability to restrain the other two. (See Below)
Judicial Review / The courts review acts of the federal government to see if they are constitutional or unconstitutional.
Flexibility / The Constitution needed to be flexible to adapt to changing conditions. Therefore, the founding fathersincluded theElastic Clause (necessary and proper clause) and the Amendment process.
Ratification / To Approve

Bill of Rights

Limits the power of the government
1st Amendment
  • Freedom of Speech
  • Freedom of Religion
  • Freedom of Press
  • Freedom of Assembly
  • Freedom of Petition

2nd Amendment
  • Right to keep arms

3rd Amendment
  • Right to protection from troops being quartered in homes during peacetime

4th Amendment
  • Right against unreasonable search and seizure without a warrant

5th Amendment
  • Rights of the Accused

Federal System of Government

National/Federal/Central Government / Shared Federal and State Powers / State Powers
Powers delegated to the national government by the Constitution / ConcurrentPowers held and exercised by the national and state governments / Powers RESERVED for the state, which are not granted to the national government or denied to the states
  • Declare War
  • Coin Money
  • Establish post offices
  • Regulate interstate and foreign trade
  • Establish foreign policy
/
  • Levy taxes
  • Borrow money
  • Charter banks
  • Establish courts
  • Provide for public welfare
/
  • Establish & maintain schools
  • Establish local government
  • Regulate business within the state
  • Make marriage laws

Republican form of Government

Representatives are elected by the people to make decisions on behalf of the people

Amendment Process

Allows for change in the Constitution

Elastic Clause

(Necessary and Proper Clause) It grants Congress the power to pass all laws necessary and proper to adapt to changing conditions.

The Constitution

Checks and Balances

Implied Powers

  • Powers not written in the Constitution—future power
  • This makes the constitution a “living document” and gives the government most of its power today
  • Flexible document based on the necessary and proper (or elastic) clause
  • Gives the Legislative Branch flexibility to make laws today.

Two Issues: How to select the President, and how long is he/she president.

Two types of elections: Direct Election and Indirect Election

Direct election:

  1. People vote for a candidate
  2. Person with the most votes wins

Indirect election:

  1. People vote for a representative
  2. Representative votes for candidate.

Election Compromise:

  1. Indirect election for the President and Senate
  2. Direct election for the House of Representatives

Electoral College:

  1. U.S. Senators 2 from each state times 50 states
  2. House of Representatives % according to population

A census is given every 10 years to find out the population for representation in the House of Representatives and for electoral votes.

The number of electoral votes for each state is determined by the number of House of Representatives and Senators = the electoral

A criticism of the Electoral College is that presidents may be elected without receiving the majority of the popular vote. You can win the population but lose the electoral vote. An example of this is Busch/Gore 2000 and Trump/Clinton 2016

The Unwritten Constitution: Practices of the Government based on tradition & customs. Powers not written in the constitution. Examples: president’s cabinet, political parties, political conventions

Judicial Review

The most important power of the Supreme Court is the ability to declare laws constitutional/unconstitutional. It also serves a check on the laws passed by Congress and the actions and treaties of the President.The power of Judicial Review was a precedent set in the 1803 Marbury vs. Madisondecision.