Foundations of the American Political System

The Mission

How can we, as a group of delegates of various states, create a system of government-a new social contract--that strikes the right balance between liberty and order?

Constitution built on Compromises

Besides the Great Compromise and the 3/5

Compromise, other Compromises were made

Main Entry: 1com·pro·mise   1 a : settlement of differences by arbitration or by consent reached by mutual concessions

Translation ~ You give a little, I give a little

What is Compromise?

Constitutional Convention 1787

Who attended?55 men of distinction: lawyers,

merchants, college presidents, doctors, generals, governors, and planters

Who did not attend?Native Americans, Women, and African

Americans (not considered part of the political process)

Convention gets Organized

Who did the delegates select as the leader of the convention?

George Washington, Revolutionary war hero

Rules:• Each state gets one vote• Seven states or more must be present• Strict secrecy for all discussions

Two Opposing PlansJames Madison proposed “The Virginia Plan”• Three branches of gov’t: Executive, Legislative, and

Judicial• Bicameral “Two House” Legislature• Legislative seats determined by states’ populations

William Paterson countered “The New Jersey Plan”• Three branches of gov’t (same three)• Unicameral “One House” Legislature• Legislative seats determined as one vote per state

COMPARISON

Virginia Plan favored large

states, big populations

Supporters: Massachusetts, NY, Pennsylvania, Virginia

New Jersey Plan favored small

states

Supporters: Delaware, Maryland, New Jersey

vs

The Great Compromise• Roger Sherman [Connecticut delegate]

proposed a compromise plan:• A two house “bicameral” legislature• Senate ~ equal votes to please the small

states• House of Representatives ~ people

based on population for the large states

The 3/5 “Three-Fifths” Compromise

How should the government count slaves in the population calculation for Congress?

South ~ Each slave should count North ~ Slaves give the South unfair

advantage in Congress; Slaves are property and should not count in equation

Resolution: Count every 5 slaves as 3 free persons to determine House voting power

The Southern states would have had more electoral votes and Jefferson could have won.

Electoral CollegeDebate:• Should the people choose the president?• Should the Congress choose the president?

Resolution:Electoral College ~ a group of people who

would be named by each state legislature to select the President and Vice President

* Voters, in a way, vote for electors who will vote for their preferences…BUT…

Slavery and Tariffs

Northern States ~ agreed not to tax exports or interfere with the slave trade until after 1808

Southern States ~ agreed to allow the Congress to regulate interstate commerce as well as trade between nations

Federalists vs. Anti-Federalists

Americans reacted to the Constitution in two separate ways:

• Federalists ~ supporters of the Constitution who believed in federalism {a form of government where power is shared between the federal or national gov’t and the states}

• Anti-Federalists ~ opposed the Constitution because it gave too much power to the national gov’t and took away from the power of the states

The FederalistJames Madison stated, “A republic, by which I mean a government in which the scheme of representation takes place… promises the cure for which we are seeking.”

Alexander Hamilton, John Jay, and James Madison used this publication to defend the need for a strong national government and the proposed Constitution.

The Power of Government

• Implied and expressed powers• Supremacy Clause—”This Constitution, and the Laws of the

United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land;” (shall implies “you have to”)

• Commerce clause--"To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". (what is commerce?)

• Elastic Clause--"make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution.“ (Does necessary and proper mean good and useful?

The Power of Government

• Taxing Clause—”The Congress shall have Power To lay and collect Taxes”

• Take Care Clause—The Prez “shall take care that the laws be faithfully executed."

Powers and Limits

Powers• Supremacy Clause• Elastic Clause• Commerce Clause• Taxing and Spending Clause• Take Care Clause• Commander in Chief Clause• Full Faith and Credit Clause• Privileges and Immunities• Judicial review***

Limits• Bill of Rights—1st Amendment—Speech, Expression

2nd A: arms

3rd A: no quartering

4th: search and seizure

5th and 6th: criminal prosecution and trial

7th: civil cases

8th: cruel and unusual punishment

9th: anything else implied

10th: what’s unsaid is left to the states

14th—second bill of rights

15th—citizenship

19th—women can vote

(18th—only one that denies a right or liberty to people)

Ratification of the Constitution• Federalists agree with Anti-Federalists

that a Bill of Rights is needed for the Constitution

• Promise of a Bill of Rights speeds approval of the Constitution

• June 21, 1788 – New Hampshire becomes the 9th state to ratify the Constitution

Structure of the Constitution• PreambleAn introduction of the goals and purposes

of the government• The Articles (7)The structure of the government• The Amendments (27)Additions or changes to the Constitution

Preamble dissectedSix Purposes of Government:• “To form a more perfect Union”~ Make states operate together efficiently2. “To establish Justice”~ Create a fair system of laws and courts3. “To ensure domestic Tranquility”~ Maintain peace, order and keep people

safe

Preamble dissected 4. “To provide for the common defense”~ Have a military prepared to defend5. “To promote the general Welfare”~ Help people live happy and healthy6. “To secure the Blessings of Liberty to

ourselves and our Posterity”~ Guarantee the freedoms and basic

rights for future generations

Articles (I - VII)• Article I – The Legislative Branch• Article II – The Executive Branch• Article III – The Judicial Branch• Article IV – States responsibilities, process for

creating new states, federal government promises to protect and defend the states

• Article V – Process for amendments• Article VI – Constitution is the “Supreme law

of the land”• Article VII – Approval when 9 states ratify it