The Constitution

  • was formed to replace articles of confederation

The Constitutional Convention

  • constitutional convention gathered in Philadelphia for “the sole express purpose of amending the aoc”

  • all states except rhode island showed up + dispatched 55 reps to this convention in may 1787 @ independence hall

  1. george washington unanimously elected prez of the proceedings that summer

  2. debates would remain secret to avoid outside pressures

  3. aoc were beyond repair and would be scrapped

Compromise

  • virginia plan (large states plan) → if you have more people in your sleep, you get more reps

    • this troubled smaller states, so william patterson of new jersey proposed new jersey plan (small states plan)

      • called for a unicameral legislature in which eat state had 2 reps

  • roger sherman of conn suggested connecticut compromise (great compromise) which created congress, a bicameral legislature

    • upper house (senate) → each state had equal rep

    • lower house (house of representatives) → state reps based on population

  • the three-fifths compromise

    • bitter debate continued over slavery, rep, and power

    • southerners wanted enslaved people to be counted for purposes of deciding representation in house of rep, but not for determining taxes

    • the three-fifths compromise proposed by james madison, stated that 3/5 of enslaved americans in a state would be counted for congressional rep and taxation

    • gave additional voting power to slaveholding states

  • the commerce compromise

    • northern states wanted gov that could regulate trade

    • southern states feared importing enslaved africans would be prohibited and that their agricultural exports would be taxed

    • commerce compromise → stated congress could not tax a states exports on condition that the slave trade would be prohibited in 20 years

    • fugitive slave cause → required all states to aid in the return of an enslaved person

  • the presidency compromise

    • delegate favoring strong national gov wanted prez elected directly by people with a long term of office

    • those favoring states rights wanted a short term of iffice with state legislatures selecting prez

    • presidency compromise → two sides agreed on 4 year term and indirect election of prez thru electoral college system

Ratification Debate

  • the start of ratification

    • constitutional convention appointed 5-man committee to prepare the final doc after agreeing to the important segments of this new federal gov

    • after 39 delegated signed constitution on sept 17, 1787, it faced final hurdle → ratification by states

  • federalists vs anti-federalists

    • federalist → supporters of ratification

      • favored strong central gov

    • antifederalist → opposed ratification

      • favored strong states rights

Branches

  • legislative

    • congrees makes laws, passes laws, and allocated spending

  • executive

    • led by prez

    • recommends and carries laws and federal programs

  • judicial

    • supreme court and all lower federal courts

    • interprest laws and constiution

  • check of balances to make sure all branches have same amount of power

  • right of freedom of religion, speech, press, petition, right to assembly

  • right to bear arms

  • no forced quartering of troops in priv homes

  • right to protection from unreasonable searches and seizures

  • right to due process of law, no double jeopardy, or self-incrimination

  • rights for those accused of crimes → speedy and public trial by jury, clear charges, witness in defense, and right to attorney

  • right to jury trial

  • right to protection from cruel or unusual punishments

  • right to other rights not included in constitution

  • powers that are not outlined in constitution for national gov are given to states