Constitutional Convention & the 3 branches of government

1. Constitutional Convention & the 3 branches of government

2. The Philadelphia Convention • The Constitutional Convention (May-Sept. 1787) • Purpose: Meeting to fix the Articles of Confederation • How Conducted: 12 States represented (55 delegates) Rhode Island refused • Leader: George Washington elected president of the convention • John Adams, Ben Franklin, Alexander Hamilton, James Madison all present (no Jefferson)

3. James Madison • After short debate, delegates agree to scrap the AOC • “The Father of the Constitution” • Primary writer

4. Problems at Convention • Representation • Slavery • Executive Branch • Trade • Checks and Balances/Separation of Powers

5. Constitutional Compromises • Representation *Virginia Plan – Representation based on population *Bicameral -- 2 house legislative branch * “Big State Plan” – unfair to small states * New Jersey Plan – Equal representation * Unicameral – 1 house legislative branch * “Small State Plan” – unfair to large population states

6. The Great Compromise • The “Connecticut” Compromise, written by Roger Sherman of Connecticut • Structure: Bicameral legislature (2 houses) • One house based on population (House of Reps) • One house based on equal representation (Senate)

8. Other Compromises • Slavery *3/5 Compromise – of every 5 slaves, three counted toward population What would the free states have wanted? What would the slave states have wanted?

12. Electoral College • Would we have a president? • How do we pick the president? Executive Branch *Electoral College – our method for electing a president

13. Ratification (Passage) • 9/13 states must ratify to pass • DE, NJ, GA, CT 1st to adopt • PA 1st Large State • MA, MD, SC, NH June 21, 1788 – Constitution is officially adopted *NY, VA, RI, NC adopt because they have no choice!

14. Federalists vs. Anti-Federalists • 1st 2 political parties • Federalists – supported the new Constitution • Alexander Hamilton, James Madison, John Jay • Write Essays under penname Publius (Federalist Papers) • Argue for the new constitution • Anti-Federalists – wanted more protections for individual rights (AKA Democrat-Republicans) • Patrick Henry, Samuel Adams, Richard Henry Lee • Write papers known as the Anti-Federalist Papers • Argue for individual rights

16. What was missing? Will not be added until 1796

17. 1. RAPPS Freedom of Religion, Assembly, Press, Petition, Speech 2. Right to Bear Arms 3. No Quartering of Soldiers 4. No illegal Search and Seizure 5. No Double Jeopardy, Self Incrimination, Eminent Domain, etc… 6. Speedy Public Trial, Lawyer 7. Trial by Jury 8. No Cruel/Unusual Punishment or Excessive Bail or Fines 9. Constitution is not a limited document 10. Reserved Powers The Bill of Rights (1791) – Washington’s Major Accomplishment

18. The Three Branches of Government Picture courtesy of www.damchicago.com

19. Montesquieu: “Spirit of the Laws” Believed that there are 3 types of gov’t: Republic (democratic or aristocratic), Monarchy, and Despotism (dictator) That is order to have the best gov’t, power should be separated within gov’t Back to philosophy

20. Introduction • U.S. Constitution divides powers among three branches • “Separation of Powers” • Why was this done?

21. Separation of Powers • Limits government powers • Prevents any one branch from having too much power

22. Three Branches of Government • Legislative Branch • Executive Branch • Judicial Branch • What does each branch do?

23. Three Branches of Government • Legislative Branch – makes the nation’s laws • Executive Branch – carries out the laws • Judicial Branch – interprets the laws

24. 3 Branches of Government Executive Branch Legislative Branch Judicial Branch President & Vice President Congress Supreme Court Advisors & Appointees Senate House of Representatives Federal Court System

25. Legislative Branch • Article 1 of the Constitution • Congress – law-making branch • Two houses • Senate • House of Representatives

26. Picture courtesy of en.wikipedia.org

27. Executive Branch • Article 2 of the Constitution • Executes, or carries out, nation’s laws • President, Vice President, appointees & advisors

28. Photo courtesy of www.john-daly.com

29. Judicial Branch • Article 3 of the Constitution • U.S. Supreme Court & federal court system • Interprets laws • Punishes law-breakers • Determines if laws are constitutional

30. Photo courtesy of web.utk.edu

31. Checks & Balances • Each branch has its own powers • Yet, no branch can become too powerful • How does the Constitution balance the powers?

32. Checks & Balances Each branch has powers to check,or limit, the powers of the other 2 branches

33. How does this work? • Congress has power to make laws • President has power to veto, or turn down, proposed laws • President can check power of Congress

34. Can Congress check the President’s power? • Congress can override, or pass a law over President’s veto • 2/3 majority vote in both houses needed

35. Is the Supreme Court involved in law-making? • Supreme Court can check the powers of Congress and the President • Interprets laws • Determines if laws are constitutional