Constitutional Convention and Government Principles

Constitutional Convention

Called to amend the Articles of Confederation

Constitutional Convention

Nearly impossible to do so because it required all 13 original states to agree

Constitutional Convention

A stronger, functional federal government was needed to provide unity and prevent collapse

Constitutional Convention

Goal quickly changed to create a new government

Constitutional Convention

Held in Philadelphia- Independence Hall

Constitutional Convention

12 of 13 states sent delegates to represent them in the creation of this new government

Constitutional Convention

Rhode Island did not attend

James Madison

Known as the 'Father of the Constitution'

George Washington

Selected to be the 1st President

Benjamin Franklin

Notable figure in attendance at the Constitutional Convention

Popular Sovereignty

The principle that 'the people rule'

Limited Government

Political participation limits what the government can do

Separation of Powers

Legislative, executive, and judicial powers are separated into 3 branches

Checks and Balances

Each branch can keep the other 2 in 'check' to 'balance' power between them

Federalism

Power is shared between the central government and the state governments

Judicial Review

Ability to determine whether an act is Constitutional, created by the Supreme Court in Marbury v. Madison

Virginia Plan

Claims that each state's representation and power in Congress should be based on the size of the population in each state

Proportional Representation

Justifies that representation should be based on an accurate ratio of the population of people in the country as a whole

New Jersey Plan

Suggests that each state should have an equal 'say-so' in the creation of federal laws

Connecticut Compromise

Sets up a bicameral legislature in which laws would have to be passed by a majority in two houses of Congress

Three-Fifths Compromise

Decided that 3 out of every 5 slaves would be counted toward each state's total population for representation in the House of Representatives

Federalists

Favored Ratification and stressed weaknesses of the Articles of Confederation

Anti-Federalists

Opposed Ratification and feared it would give too much power to the central government

Article Five

States that 'the ratification of the conventions of nine States shall be sufficient for the establishment of this Constitution between the States so ratifying the same'

Federalist Papers

Series of 85 essays written to explain why the ratification of this Constitution is necessary to preserve the nation's existence.

Articles of Confederation

Exposes to the people the weakness of the central government under the Articles of Confederation.

Preamble

Introductory statement that establishes the basic principle of popular sovereignty and states the purpose of the document.

Popular Sovereignty

The principle that the authority of the government is created and sustained by the consent of its people.

Responsibilities of Federal Government

Establish justice, Insure domestic tranquility, Provide for the common defense, Promote the general welfare, Secure the blessings of liberty to ourselves and our posterity.

Article I

Legislative Branch (law creator) consisting of a Bicameral Congress (Senate & House of Representatives).

Article II

Executive Branch (law enforcer) led by the President of the United States (P.O.T.U.S.).

Article III

Judicial Branch (law interpreter) which includes the Supreme Court.

Article IV

Relations Among the States, outlining the relationship established between the states and the federal government.

Article V

The Amending Process, referred to as 'A living document' enabling the government to adapt to changing times.

Article VI

Supremacy Clause stating that 'The national government reigns supreme.'

Article VII

Ratification requiring 9 out of 13 states to ratify the document, although all 13 eventually do.

Bill of Rights

First 10 amendments to the Constitution that guarantees the protection of civil liberties.

James Madison

Principal author of the Bill of Rights, although most ideas are based on the 'Virginia Declaration of Rights' by George Mason.

Civil Liberties

Freedoms such as Speech, Religion, Press, Assembly, and Petition that are protected by the Bill of Rights.

Limitations on Government Power

The Bill of Rights acts as a barrier to protect the states and individuals from the new powerful federal government.

Amendments 11-27

Other amendments added to protect the states and people after the Bill of Rights.

Living Document

The Constitution is often referred to as a 'living document' because the framers intended for it to be adaptable to future generations.

George Washington

Selected as the 1st President of the United States by a unanimous vote on April 30, 1789.

Oath of Office

Ceremony held in New York City on April 30, 1789, marking the beginning of George Washington's presidency.

U.S. Constitution Start Date

The U.S. Constitution would begin on March 4, 1789.

Checks and Balances

A system that ensures the powers of government are balanced to minimize corruption and abuse.

Legislative Checks

Actions Congress can take to limit the powers of the Executive and Judicial branches.

Impeach/indict

The process by which the House can charge a president with misconduct.

Override presidential vetoes

The ability of Congress to pass legislation despite a presidential veto with a 2/3 majority vote in both houses.

Approve treaties

The power of Congress to ratify international agreements negotiated by the president.

Approve presidential appointments

The Senate's authority to confirm or reject appointments made by the president.

Appropriate funds

The legislative power to allocate money for government operations and programs.

Confirm appointments of federal judges/justices

The Senate's role in approving judicial appointments made by the president.

Impeach and convict judges/justices

The process by which Congress can remove judges from office for misconduct.

Create lower courts

The legislative power to establish courts below the Supreme Court.

Veto congressional legislation

The president's power to reject bills passed by Congress.

Call Congress into a special session

The president's authority to convene Congress outside of regular sessions to address urgent issues.

Appeal to the people

The president's strategy to gain public support for legislation or policies.

Appoints judges and justices

The president's power to select individuals for judicial positions.

Declare laws unconstitutional

The Supreme Court's authority to invalidate laws that violate the Constitution.

Declare presidential acts unconstitutional

The Supreme Court's power to rule that actions taken by the president are not permitted by the Constitution.

Judges are appointed for life

Federal judges serve lifetime appointments, ensuring independence from executive control.

Federalism

A system of government where power is divided between a central government and smaller local governments.

Dual system of government

The coexistence of national and state governments with their own sets of powers.

Overlapping power

The situation where two separate governments govern the same people and territory simultaneously.

Expressed Powers

Powers explicitly granted to the national government by the Constitution.

Implied Powers

Powers not explicitly stated in the Constitution but suggested to be necessary for executing expressed powers.

Necessary and Proper Clause

The constitutional provision allowing Congress to make laws required to carry out its expressed powers.

Inherent Powers

Powers that the national government possesses as a sovereign state in the world community.

National Government Powers

Powers that are so blatant and obvious to belong to the national government and not the states that there was no reason to write them into the Constitution.

Reserved Powers

Powers that the Constitution does not delegate to the national government and does not, at the same time, deny to the states.

10th Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Exclusive Powers

Powers that can be exercised by the national government alone.

Concurrent Powers

Powers that both the state and national governments possess at the same time.

McCulloch v. Maryland

A Supreme Court case where the establishment of a national bank was ruled constitutional because it is 'Necessary and Proper' to carry into execution many expressed powers.

National Bank

The Federal government established a national bank in 1816, which led to conflict with states' rights advocates.

Judicial Review

The power of the Supreme Court to rule on the constitutionality of laws and actions of the government.

Marshall's Ruling

The establishment of a national bank is constitutional as it is an 'implied' power necessary for executing expressed powers.

Supremacy Clause

Article VI clause that claims the federal government reigns supreme over the states.

Interstate Relations

Preventing conflicts from occurring amongst states was a major reason for writing the Constitution.

Interstate Compacts

Agreements amongst 2 or more states that must have the consent of Congress.

Full Faith and Credit Clause

Article IV, Section 1, stating that all states must respect the laws, court decisions, and documents of other states.

Extradition

Article IV, Section 2, Clause 2, allowing a fugitive of the law from one state to be returned to the state where the crime was committed.

Privileges and Immunities Clause

Article IV, Section 2, Clause 1, stating that no state can draw unreasonable distinctions between its residents and residents of other states.

Regulation of Immigration

The power of the national government to deport aliens.

Power to Acquire New Territory

The national government's ability to admit a new state.

Regulate Intrastate Commerce

The power of states to manage trade and business within their own borders.

Establish Local Governments

The power of states to create their own local governing bodies.

Conduct Elections

The power of states to manage and oversee elections.

Establish Public Schools

The power of states to create and maintain public educational institutions.

Pass Licensure Requirements

The power of states to set requirements for professional licensure.

Issue Driver's License

The power of states to grant licenses for driving.

Regulate Alcoholic Beverages

The power of states to control the sale and distribution of alcoholic drinks.

Levy & Collect Taxes

The power of both state and national governments to impose and gather taxes.

Borrow Money

The power of both state and national governments to incur debt.

Establish Courts

The power of both state and national governments to create judicial systems.

Define Crimes and Set Punishments

The power of both state and national governments to determine what constitutes a crime and the associated penalties.

Claim Private Property for Public Use

The power of both state and national governments to take private property for public projects, often referred to as eminent domain.