The United States Constitution

and The Bill of Rights

Why the Constitution
Economic problems in Rhode Island and Shays
rebellion in Massachusetts
Need for unity, order and economic prosperity
throughout the country.
Nationalism and a lack of ability to control our
destiny. The Spanish shut down the port of New
Orleans and the Mississippi River to American
commerce and the English still occupied forts in
the Ohio Valley.
The Convention

First matter of business was to elected
General George Washington as president
of the convention.
On the third day of the convention to
amend the Articles of Confederation,
Edmund Randolph of Virginia rose and
introduced the idea of writing a new
constitution.

The supreme law of the land

The Constitution had the power to enforce its own laws;
whereas the Articles of Confederation were a mere
League of Friendship.
Judges are bound by the constitution to uphold laws that
are addressed in the constitution over the laws of their
states.
Took away the power to coin state money and charge
taxes on imported and exported goods on the state level.
State powers were limited, however states still had
power to manage their local affairs. So, states can
maintain local and state police and militias.

The Preamble
The Preamble is the introduction to the US
Constitution and it tells the reader what the
new government is going to do for the
citizens: establish justice and ensure
domestic tranquility, provide for the
common defense, promote the general
welfare and secure the blessings of liberty
The Preamble
The Great Compromise

Giving power to the new government was
easy but defining who should hold the
power was much more difficult.
Virginia Plan for Government

Provided by James Madison, the only man
who came prepared to the convention.
Three-separate branches of government:
Legislative, Executive and Judicial.
In the legislature, states would have
representation based upon the quantity of
citizens in the state.
James Madison

New Jersey Plan for Government
Written by William Paterson
One branch government. All the power
left in congress and each state receives
one vote.
William Paterson

Connecticut Plan
(The Great Compromise)
Offered by Roger Sherman
Three branches of government
Representation in the house of
representatives would be based upon
population and the senate would have a
fixed amount of representation (two votes
each) no matter how populated the state.
Roger Sherman

The Three Ring Circus
(Three Branches of Government)
Slavery in the Constitution

Northern and Southern delegates clashed
over whether slaves should be counted in
determining the number of representatives
a state should have in the house of
representatives.
The issue was decided that 3/5 of the
slaves were to count as population and for
tax purposes.
Slavery in the Constitution
continued
Another compromise on slavery was that the
importation of slaves should end in 1808 being
twenty years from the time the constitution went
into effect.
It was important to make compromises with the
South because without the right to hold slaves
they would have left the union. The south
thought that slavery was dying out and
compromised to end the importation of slaves,
but not owning slaves.
Executive Branch: The President

Some states wanted an executive council, they
feared that one man would become too much
like a king. Others states wanted a president to
run the executive branch of the government.
They compromised on a president who would be
held in a system where he is no more powerful
than the other branches of government.
President is elected by the electoral college, the
sum of all congressmen, both senators and
members of the house of representatives.
Legislative Branch:
A Bicameral Legislature

House of Representatives is the lower branch of
congress. Represent the great mass of the
people.
Senate is seen as an upper branch of congress,
it gives advice and consent to major
appointments of the president or to treaties or
acts of war made by the president. The Senate
is also designed to represent the wealthy people
in society.
The Judiciary
Provides a supreme court. Supreme court
is to be the most powerful court in the
country.
Checks and Balances
The president can veto (override) bills
passed by congress; however, congress
can override the presidential veto if both
houses pass the bill again by a two-thirds
majority, then a bill becomes a law.
How a Bill becomes a law
Checks and Balances continued
President is the commander and chief of all US
forces, but congress alone has the power to
declare war.
President can negotiate treaties but they only
become laws when the congress approves
them.
The President can appoint judges, ambassadors
and officials, but only the senate can vote to
reject or approve of these appointments.
Impeachment:
Checking the President
- If a president commits a serious crime he
can be brought to trial by a process called
impeachment. In such cases the House of
Representatives brings the charges
against the president, and the Senate acts
as judge and jury. A two-thirds vote is
necessary for conviction and removal from
office.
Requirements for office holding

President - must be 35 years old, native born and must
live in the United States for 14 years. Term - 4 years
Senator - must be 30 years old, must be citizen of US for
9 years and must live in the state which elects him or
her. Term - 6 years
Representative - must be 25 years old, must be citizen of
US for 7 years and must reside in state which elects him
or her. Term - 2 years
Supreme Court Justice - no requirements - Serves for as
long as he or she is healthy enough to perform as
long as they do not break the laws.
What about the States?
Federalism is the division of power
between the Federal and State
Governments
Federalism
Electoral College
The Electoral College is the sum of all
Senators and members of the House of
Representatives
Electoral College
Ratifying the Constitution
The Constitution went into effect when 9 nine
states ratified or approved it.
Delaware was first to ratify the constitution,
Rhode Island was last. New Hampshire was
special because it was the ninth states to ratify
the Constitution, thus after New Hampshire
ratified the Constitution it went into effect.
April 30, 1789 George Washington was sworn in
as President. Many historians believe that the
American Revolution ended on that day because
we found stability.
The Anti-Federalists
The First 10 Amendments to the US
Constitution are called the Bill of
Rights.
The Anti-Federalists refused to pass the
document unless they had the guarantee
of civil rights in a Bill of Rights
James Madison wrote the Bill of Rights,
which passed on December 15, 1791

The First Amendment
Freedom of Speech, Religion, Press and
the right to assembly and/ or petition the
government for redress of grievances.
Second Amendment
The Right to bear arms and keep a militia
to secure the rights of the people
Third Amendment
Civilians can not be forced to quarter
soldiers in their house during times of
peace
Fourth Amendment
Warrants can only be issued under
probable cause, and the rights of the
people to secure their houses, papers
and other personals and valuables shall
not be infringed upon.
Fifth Amendment
No one can be called to be a witness
against himself in a criminal case, nor
shall anyone be held to answer for
infamous or capital crimes, unless in the
presentment of a grand jury. Also,
private property can not be taken for
private use. No one shall be deprived of
life, liberty or property without due
process of law.
Sixth Amendment
Accused shall enjoy the right of a speedy
trial by an impartial jury where the crime
was committed. Also, defender will have
the right to assistance of counsel
(attorney) for defense.
Seventh Amendment
Trial by Jury shall be preserved for any
serious common law.
Eighth Amendment
Excessive Bail shall not be required, nor
excessive fines imposed or cruel unusual
punishments inflicted.
Ninth and Tenth Amendments
The listing of rights in the constitution
shall not deny rights retained by the
people.
All powers not listed in the Constitution
are reserved for the states or to the
people.