CONSTITUTIONAL CONVENTION & THE 3 BRANCHES OF GOVERNMENT

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)

JAMES MADISON After short

debate, delegates agree to scrap the AOC

“The Father of the Constitution”

Primary writer

PROBLEMS AT CONVENTION1. Representation2. Slavery3. Executive Branch4. Trade5. Checks and Balances/Separation of

Powers

CONSTITUTIONAL COMPROMISES1. 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

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)

OTHER COMPROMISES2. 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?

ELECTORAL COLLEGE Would we have a president? How do we pick the president?Executive Branch

*Electoral College – our method for electing a president

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!

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

WHAT WAS MISSING?

Will not be added until 1796

THE BILL OF RIGHTS (1791) – WASHINGTON’S MAJOR ACCOMPLISHMENT

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

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BACK TO PHILOSOPHY 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

INTRODUCTION U.S. Constitution divides powers among three branches

“Separation of Powers”

Why was this done?

SEPARATION OF POWERS Limits government powers

Prevents any one branch from having too much power

THREE BRANCHES OF GOVERNMENT

Legislative Branch Executive Branch

Judicial Branch What does each branch

do?

THREE BRANCHES OF GOVERNMENTLegislative Branch – makes the nation’s laws

Executive Branch – carries out the laws

Judicial Branch – interprets the laws

3 Branches of GovernmentExecutive

BranchLegislative

BranchJudicialBranch

CongressPresident &Vice President Supreme Court

Advisors & Appointees Senate House of

RepresentativesFederal Court

System

LEGISLATIVE BRANCH Article 1 of the Constitution

Congress – law-making branch

Two houses Senate House of Representatives

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EXECUTIVE BRANCH Article 2 of the Constitution

Executes, or carries out, nation’s laws

President, Vice President, appointees & advisors

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JUDICIAL BRANCH Article 3 of the

Constitution U.S. Supreme Court &

federal court system1. Interprets laws2. Punishes law-breakers3. Determines if laws are constitutional

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CHECKS & BALANCES Each branch has its own powers

Yet, no branch can become too powerful

How does the Constitution balance the powers?

CHECKS & BALANCESEach branch has powers to check, or limit, the powers of the other 2 branches

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

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

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