Test 2 Notes – Mon., Sept. 7
The U.S Constitution: Our Plan for Government
________________ ____ ________________ (AOC) did not provide for strong enough national government
So the question was
• Do we fix the AOC? OR. . .
• Do we throw out the AOC & write a whole new plan for a nat’l. govt? Constitutional _____________________
• Representatives (a.k.a. ___________________) from 12 states met in Philadelphia to discuss problems w/ A.O.C.
• R.I. refused to attend
– Feared a stronger _____________ _________________ would take away states’ rights
• They decided to:
– Throw out the AOC – Write a new constitution
• Thus the meeting came to be known as the ________________________ _____________________
Constitutional Convention – 1787
The meeting actually ran from May 25 to Sept. 17, 1787. The American Revolution had lasted from 1777 to 1783.
Who Attended the Convention? • 55 white guys
• Mostly educated and upper class
– Large landowners (plantations, etc.,) businessmen, public officials, and lawyers
• Patrick Henry was elected as a delegate, but did not attend because he opposed a strong, central government
____________________ ___________________ • Oldest delegate at the convention (81 years old) • Inventor, writer, diplomat, scientist
_________________ _________________ • Presided over convention
• Delegates decided unanimously that G.W. would preside over the convention • Washington chose a __________________ to set rules for conducting the
• The committee decided that decisions would be made by _________________ ___________, with each state having one vote.
– Since there was more than one delegate from each state, this means that a state’s delegates would vote, the majority would rule, and that decision would be that state’s one vote
• All talks at Constitutional Convention about new Constitution were kept secret so everyone could speak freely w/o public interference
• No formal records were kept.
• Most of what we know comes from James Madison’s personal notebook of events. What Were the Two Opposing Plans for a New National _______________________? The _________________ ____________
• Designed by James _______________
• Called for a government with _____________ ______________: – ______________ branch (lawmakers)
– _______________ branch (to carry out the laws)
– ________________ branch (a system of courts to interpret and apply the laws).
• Legislature would have ______ _____________
– # representatives (votes) each state got would depend on _________________
• i.e., the more people who lived in your state, the more reps your state would get both houses of Congress
• Appealed to states w/ bigger populations
– Why? Because more representatives in Congress would make your state more powerful b/c it would have more votes on laws being passed in Congress __________ ______________ Plan
• States w/ smaller populations) feared govt. dominated by large states would ignore their interests.
• The N.J. Plan called for: – 3 branches of govt. – Legislature w/ one house
– Each state would get one vote in legislature, so large & small states would have equal power
– Each state would have the same number of votes, regardless of population. The ____________ ____________________
• Result of the Connecticut Plan (Roger Sherman) • New govt. would have:
– _______________ ___ __________________ (HOR) - # of reps to be based on each state’s population
• The delegates accepted this Great Compromise.
• Great Compromise settled the question of how Congress would be set up . . . A ________________ legislature (lawmakers = Congress = 2 Houses = Senate and House of Reps)
Other Compromises (5)
• With so many slaves in the South, Southerners wanted to count their slaves as part of the population so they could have more representatives in the House of
Representatives in Congress
• Why? Because the white population of the South was much smaller than the population of the northern states.
1) ____________ -- _____________ Compromise
• Southern states wanted to count slaves as part of their population so they could have more reps in the HOR
• Northern states opposed this plan.
• Every 5 slaves would count as 3 free persons to determine: – # of reps in HOR
– Figuring taxes
• Northern states wanted Congress to be able to regulate foreign trade and trade between the states (a.ka. Interstate Commerce).
• Southern states feared Congress would then tax their exports (cotton, tobacco, rice, etc.)
• They also feared that Northern states would stop the slave trade.
2) Congress would control ________________ between the states and with foreign countries
3) Congress would not ________ ______________ from the states to other countries 4) Congress would not interfere w/ importation of ____________ until 1808
5) Choosing the __________________ and _________ ___________________ • Guys at Const. Convention disagreed about who would choose the president - the
voters or Congress.
• Solution – the __________________ _____________________
Approving the Constitution
• Ratification required at least 9 of 13 state conventions to vote “yes.” _______________ vs. ____________ -- ____________________
• Federalists: Supporters of the Constitution
– Const. would create system of federalism where national government has power, but states also have their own powers
• *KNOW THE DEFINITION OF FEDERALISM* The Federalist _________________
• 85 articles published by Federalists to convince people to ratify new Const. – Argued that the new Const. created a system of _____________ &
_______________ that would give the nation a strong central government while preserving the states' rights.
Demands of Federalists
• Federalists argued for a ____________ central government.
• The Constitution took effect when New Hampshire became the ninth state to ratify it on June 21, 1788.
____________-________________
• Wanted more power for the ____________ and less for the national government. • They also wanted a _________ of ______________ to protect individual
freedoms.
• Both agreed to add a bill of rights. This promise turned the tide. Parts of the Constitution
• Obj: Explain the structure of the U.S. Constitution Purpose of the Constitution
• _________________ _____ _______________ • Highest law in the nation
Constitution as a Framework for Our Government
• The powers of all 3 branches of government come from the Constitution. • 3 main parts:
– _________________
– 7 ____________________ (main sections) – 27 ___________________ (changes)
The Preamble
• States the ____________ and ________________ of government.
• States six purposes of government: –“To form a more perfect Union” –“To establish Justice”
–“To insure domestic Tranquility” –“To provide for the common defense” –“To promote the general Welfare”
–“To secure the Blessings of Liberty to ourselves and our Posterity” The 7 Articles of the Constitution
• Explain how government is to work.
• The first three articles describe the powers and responsibilities of the three _______________ of government.
• Article I (1):
– ________________ branch with two houses
– Has authority to ________________ ____________ for the nation It then describes how members will be chosen.
The article also lists specific powers Congress does and does not have.
Article II (2)
• Establishes the __________________ branch
– ___________________ ________ _______________ – Headed by pres. & vice pres.
• Describes:
– Their powers & duties • Explains:
– How they are __________________ to or removed from office
Article III (3)
• Establishes the ________________ branch – Interprets & applies the laws
• It calls for one _______________ _______________ plus lower courts and describes the powers of federal courts
Article IV
• Says that all states must respect one another’s laws and explains the process of creating new states.
Article V
Article VI
• Declares that the Constitution is the “_____________ _______ of the ________” and federal law prevails over state law.
Article VII
• States that the Constitution would take effect when nine states ratify it. How Can You Amend the Constitution?
• Amendment - Any change to the Const.
• First 10 amendments - _________ ____ _______________ • Only 27 amendments have become law.
• 16th Amendment – Federal Income Tax (1909-1913)
• The Framers made sure that the Constitution could not be altered without overwhelming support of the people.
• Amendment process involves two steps: – 1) ______________
– 2) __________________ • May be proposed by:
– 2/3 of both houses of Congress OR
– National convention requested by two-thirds of the state legislatures. • May be ratified by:
– 3/4 of the states
• Either the state legislature votes or they hold a special state convention
Interpreting the Constitution • U.S. Const. is:
– General document – Open to interpretation _________________ _______________
– a.k.a. Delegated, or expressed powers – List of duties of Congress (Art. I, Sec. 8) Certain powers are given to Congress by the U.S. Constitution:
• Collect taxes to pay the costs of running the federal government • Coin money for the United States
• Make rules for trade between the states and with other countries • Provide for the defense of the United States
• Raise and support armies and a navy • Declare war
• Set up a Post Office system
• Provide for the general welfare of the United States
• **** Can also make all laws necessary and proper for carrying out the constitutional power given to Congress
Some things Congress cannot do are also listed in the Constitution: • Punish a person without having a trial
• Deny a prisoner the right to be brought before a judge who can decide if the prisoner is being held lawfully
• Make an action a crime after the action is already done • Place a tax on exports from one state to another • Favor one state over another state
• Give someone a title of nobility
________________ & ______________ ______________ – Found at end of Art. I, Sec. 8
– a.k.a. ______________ ______________
– Gives Congress power “to make all laws that are necessary & proper” to carry out its duties
– Source of “_______________ powers” of Congress • Allows Congress to have:
– Implied Powers – Power to make laws about things that are not specifically stated in Const.
– Americans disagree on what’s “necessary and proper.” Interpreting the Constitution
• _____________ interpretation – Says Congress can make any laws not specifically forbidden by Const.
• _______________ interpretation – Says Congress can only make the kinds of laws mentioned by the Constitution.
• _______________ _____________
– Final authority to interpret the Const.
• Each new interpretation (strict or loose) changes our govt.
• Actions by Congress and the pres. also cause new interpretations of Const.. • For example, the president requests legislation from Congress.
• This action is not directed by the Constitution.
• Custom also changes the interpretation of the Constitution.
What is _____________ _________________? • Framers’ had common vision for new U.S. govt:
– Representative of the people – Limited national govt. 5 Basic Principles of Constitution
• _____________sovereignty – the people rule themselves
• ___________ of _______ – everyone, even the president, must obey the law • ________________ of _____________ – each branch of govt. has its own
powers. They cannot exercise powers of the other branches
• _____________ and ______________ – each branch of govt. has power to stop another branch from taking actions that overstep their authority
• _______________ – Power to govern is divided between fed. govt. and state govt’s. • A _____________ - Supreme power belongs to the people (found in Article IV) • The people express their will through elected representatives.
