1. Drafting a
Constitution
Chapter 5: Section 2

2. Constitutional Convention
 Philadelphia,
PA – May 1787
 Top secret proceedings
 Don’t fix the Articles, but
create a NEW government
 Key figures – Franklin,
Washington, Hamilton

3. Issues
 Increase
national gov. while
preserving states rights
 Fair representation of large
and small states
 Role of slaves and slave
trade

4. Issues
 Role
and selection of chief
executive (President)
 Two plans emerge: Virginia
Plan & New Jersey Plan
 Compromise is a MUST

5. Virginia Plan
2-house
legislature
based upon state
population
This gave the 4 biggest
states the most power

6. NJ Plan
 Single
house of congress
with each state having =
votes
 This gives power to the 7
smallest states who only
make up 25% of the pop.

7. Great Compromise
 2-house
Legislature
 Senate – each state would
have = representation
 House of Reps –
representation based upon
population

8. What is Population?
Slaves
 Can
3/5th’s
 3/5
become an issues
they be counted?
Compromise
of the slave populations
would be counted

9. The New Government
 Power
was divided between
federal & state governments
 Federal would always
supercede state power

10. Federal Affairs
 The
federal government
could regulate:
Defense
Foreign affairs
Taxes
Trade
Money

11. State Affairs
The
state governments
could regulate:
Education
Marriage
Intrastate
trade

12. Preamble
Outlined goals of the
proposed
government and
the 7 articles

13. Articles 1 – 3:
Branches of Government
Legislative
– makes laws
Executive – carries out
laws
Judicial – settle disputes
on the laws

14. Principles of Government
Checks
and Balances
Separation of Powers
Limited authority

15. Executive Branch
President would be
chosen by Electoral
College

16. Judicial Branch
Supreme
Court would
be the ultimate
authority deciding
legal issues and
conflicts

17. Electoral College
electors equaling the number
of senators and reps. would
vote for the president
 General public was not
educated enough to make the
decision


18. Article 4
Describes
the
relationship between
the states and federal
government

19. Article 5
Provides for
amendments

20. Article 6
Pay
off debts
Est. supremacy of federal
gov. over state gov.
Loyalty oath for gov.
officials

21. Article 7
9
of 13 states to
ratify the
constitution

22. New Government
George
Washington
sworn in 1789

23. Ratifying the Constitution
9
of thirteen states need to
ratify
Two groups emerged
Federalists
Anti-Federalists

24. Important Figures
 Anti-Federalists:
Patrick
Henry, Sam Adams, James
Monroe, Richard Henry Lee
 Federalists: Alexander
Hamilton, Ben Franklin, John
Adams, George Washington

25. Federalists
 Favor
a strong national government.
 Argue checks and balances prevent
one branch from too much power
 Bill of Rights not needed:
Const. protected rights (people govern
themselves)
 Most states already had basic bill of
rights


26. Federalists
Wrote
the Federalists
Papers
Discussed importance
of strong national
government

27. Anti-Federalists
 Anti-Federalists
were concerned
about the amount of power in
national gov. and lack of rights of
citizens
 Feared the new gov. would only
benefit the wealthy
 Want Bill of Rights

28. Bill of Rights





Madison studies 80 proposed amendments
12 submitted, 10 ratified
First Ten Amendments to the Constitution
Took effect in 1791
Protect certain basic rights of all citizens
 Which means any white male who is old
enough (and who usually has land).

29. # of states needing to ratify
to make Const law.
Group that opposed the
Constitution.
Group that supported the
Constitution.
Favored national gov.
Favored state govs.
Wanted Bill of Rights
Did not want Bill of Rights

30. # of states needing to
ratify to make Const law.
Group that opposed the
Constitution.
Group that supported the
Constitution.
Favored national gov.
Favored state govs.
Wanted Bill of Rights
Did not want Bill of Rights
Nine

31. # of states needing to
ratify to make Const law.
Nine
Group that opposed the
Constitution.
Anti-Federalists
Group that supported the
Constitution.
Favored national gov.
Favored state govs.
Wanted Bill of Rights
Did not want Bill of Rights

32. # of states needing to
ratify to make Const law.
Nine
Group that opposed the
Constitution.
Anti-Federalists
Group that supported the
Constitution.
Favored national gov.
Favored state govs.
Wanted Bill of Rights
Did not want Bill of Rights
Federalists

33. # of states needing to
ratify to make Const law.
Nine
Group that opposed the
Constitution.
Anti-Federalists
Group that supported the
Constitution.
Federalists
Favored national gov.
Federalists
Favored state govs.
Wanted Bill of Rights
Did not want Bill of Rights

34. # of states needing to
ratify to make Const law.
Nine
Group that opposed the
Constitution.
Anti-Federalists
Group that supported the
Constitution.
Federalists
Favored national gov.
Federalists
Favored state govs.
Wanted Bill of Rights
Did not want Bill of Rights
Anti-Federalists

35. # of states needing to
ratify to make Const law.
Nine
Group that opposed the
Constitution.
Anti-Federalists
Group that supported the
Constitution.
Federalists
Favored national gov.
Federalists
Favored state govs.
Anti-Federalists
Wanted Bill of Rights
Anti-Federalists
Did not want Bill of Rights

36. # of states needing to
ratify to make Const law.
Nine
Group that opposed the
Constitution.
Anti-Federalists
Group that supported the
Constitution.
Federalists
Favored national gov.
Federalists
Favored state govs.
Anti-Federalists
Wanted Bill of Rights
Anti-Federalists
Did not want Bill of Rights
Federalists

37. Authored the Federalist
Papers
Most Important Federalist
VA law that protected
basic human rights
VA law that forbid gov.
support of one religion
He drafted the Bill of
Rights
1st Ten Amendments to the
Constitution.
2nd Amendment Right

38. Authored the Federalist
Papers
Most Important Federalist
VA law that protected
basic human rights
VA law that forbid gov.
support of one religion
He drafted the Bill of
Rights
1st Ten Amendments to the
Constitution.
2nd Amendment Right
Madison,
Hamilton, & Jay

39. Authored the Federalist
Papers
Most Important Federalist
VA law that protected
basic human rights
VA law that forbid gov.
support of one religion
He drafted the Bill of
Rights
1st Ten Amendments to the
Constitution.
2nd Amendment Right
Madison,
Hamilton, & Jay
George Washington

40. Authored the Federalist
Papers
Most Important Federalist
VA law that protected
basic human rights
VA law that forbid gov.
support of one religion
He drafted the Bill of
Rights
1st Ten Amendments to the
Constitution.
2nd Amendment Right
Madison,
Hamilton, & Jay
George Washington
VA Declaration of
Rights

41. Authored the Federalist
Papers
Most Important Federalist
VA law that protected
basic human rights
VA law that forbid gov.
support of one religion
He drafted the Bill of
Rights
1st Ten Amendments to the
Constitution.
2nd Amendment Right
Madison,
Hamilton, & Jay
George Washington
VA Declaration of
Rights
VA Statue for
Religious Freedom

42. Authored the Federalist
Papers
Most Important Federalist
VA law that protected
basic human rights
VA law that forbid gov.
support of one religion
He drafted the Bill of
Rights
1st Ten Amendments to the
Constitution.
2nd Amendment Right
Madison,
Hamilton, & Jay
George Washington
VA Declaration of
Rights
VA Statue for
Religious Freedom
James Madison

43. Authored the Federalist
Papers
Most Important Federalist
VA law that protected
basic human rights
VA law that forbid gov.
support of one religion
He drafted the Bill of
Rights
1st Ten Amendments to the
Constitution.
2nd Amendment Right
Madison,
Hamilton, & Jay
George Washington
VA Declaration of
Rights
VA Statue for
Religious Freedom
James Madison
Bill of Rights

44. Authored the Federalist
Papers
Most Important Federalist
VA law that protected basic
human rights
VA law that forbid gov.
support of one religion
Madison,
Hamilton, & Jay
George Washington
VA Declaration of Rights
VA Statue for Religious
Freedom
He drafted the Bill of Rights
James Madison
1st Ten Amendments to the
Constitution.
Bill of Rights

45. 1 Amendment
st
Congress shall make no law respecting
an establishment of religion, or
prohibiting the free exercise thereof;
or abridging the freedom of speech,
or of the press; or the right of the
people peaceably to assemble, and to
petition the government for a redress
of grievance.

46. 2 Amendment
nd
A
well regulated militia,
being necessary to the
security of a free state, the
right of the people to keep
and bear arms, shall not be
infringed.

47. 3rd Amendment
 No
soldier shall, in time of
peace be quartered in any
house, without the consent of
the owner, nor in time of war,
but in a manner to be
prescribed by law.
law

48. 4th Amendment

The right of the people to be secure in
their persons, houses, papers, and
effects, against unreasonable searches
and seizures, shall not be violated, and
no warrants shall issue, but upon
probable cause, supported by oath or
affirmation, and particularly describing
the place to be searched, and the
persons or things to be seized.

49. 5th Amendment

No person shall be held to answer for a capital,
or otherwise infamous crime, unless on a
presentment or indictment of a grand jury,
except in cases arising in the land or naval
forces, or in the militia, when in actual service
in time of war or public danger; nor shall any
person be subject for the same offense to be
twice put in jeopardy of life or limb; nor shall
be compelled in any criminal case to be a
witness against himself, nor be deprived of
life, liberty, or property, without due process of
law; nor shall private property be taken for
public use, without just compensation.

50. 6th Amendment

In all criminal prosecutions, the accused
shall enjoy the right to a speedy and
public trial, by an impartial jury of the
state and district wherein the crime shall
have been committed, which district
shall have been previously ascertained
by law, and to be informed of the nature
and cause of the accusation; to be
confronted with the witnesses against
him; to have compulsory process for
obtaining witnesses in his favor, and to
have the assistance of counsel for his
defense.

51. 7th Amendment
 In
suits at common law, where the
value in controversy shall exceed
twenty dollars, the right of trial by
jury shall be preserved, and no fact
tried by a jury, shall be otherwise
reexamined in any court of the
United States, than according to the
rules of the common law.

52. 8th Amendment
 Excessive
bail shall not be
required, nor excessive fines
imposed, nor cruel and
unusual punishments inflicted.

53. 9th Amendment
 The
enumeration in the
Constitution, of certain rights,
shall not be construed to deny
or disparage others retained by
the people.

54. 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.

55. 1st
2nd
3rd
4th
5th
6th
7th
8th
9th
10th

56. 1st
2nd
3rd
4th
5th
6th
7th
8th
9th
10th
Freedom of speech, press, assembly, petition, and
redress.

57. 1st
Freedom of speech, press, assembly, petition, and
redress.
2nd
Right to bear arms (weapons)
3rd
4th
5th
6th
7th
8th
9th
10th

58. 1st
Freedom of speech, press, assembly, petition, and
redress.
2nd
Right to bear arms (weapons)
3rd
Restricts how federal government can house soldiers
in citizens’ homes.
4th
5th
6th
7th
8th
9th
10th

59. 1st
Freedom of speech, press, assembly, petition, and
redress.
2nd
Right to bear arms (weapons)
3rd
Restricts how federal government can house soldiers
in citizens’ homes.
4th
Protects individuals against unreasonable searches
and seizures.
5th
6th
7th
8th
9th
10th

60. 1st
Freedom of speech, press, assembly, petition, and
redress.
2nd
Right to bear arms (weapons)
3rd
Restricts how federal government can house soldiers
in citizens’ homes.
4th
Protects individuals against unreasonable searches
and seizures.
5th
Grand jury required; no self-incrimination; no double
jeopardy; no taking of private property with
compensation.
6th
7th
8th
9th
10th

61. 1st
Freedom of speech, press, assembly, petition, and
redress.
2nd
Right to bear arms (weapons)
3rd
Restricts how federal government can house soldiers
in citizens’ homes.
4th
Protects individuals against unreasonable searches
and seizures.
5th
Grand jury required; no self-incrimination; no double
jeopardy; no taking of private property with
compensation.
6th
Right to a fair and swift trial.
7th
8th
9th
10th

62. 1st
Freedom of speech, press, assembly, petition, and
redress.
2nd
Right to bear arms (weapons)
3rd
Restricts how federal government can house soldiers
in citizens’ homes.
4th
Protects individuals against unreasonable searches
and seizures.
5th
Grand jury required; no self-incrimination; no double
jeopardy; no taking of private property with
compensation.
6th
Right to a fair and swift trial.
7th
Right to a jury trial in civil cases in federal courts.
8th
9th
10th

63. 1st
Freedom of speech, press, assembly, petition, and
redress.
2nd
Right to bear arms (weapons)
3rd
Restricts how federal government can house soldiers
in citizens’ homes.
4th
Protects individuals against unreasonable searches
and seizures.
5th
Grand jury required; no self-incrimination; no double
jeopardy; no taking of private property with
compensation.
6th
Right to a fair and swift trial.
7th
Right to a jury trial in civil cases in federal courts.
8th
Protects against cruel & unusual punishment and
excessive bail.
9th
10th

64. 1st
Freedom of speech, press, assembly, petition, and
redress.
2nd
Right to bear arms (weapons)
3rd
Restricts how federal government can house soldiers
in citizens’ homes.
4th
Protects individuals against unreasonable searches
and seizures.
5th
Grand jury required; no self-incrimination; no double
jeopardy; no taking of private property with
compensation.
6th
Right to a fair and swift trial.
7th
Right to a jury trial in civil cases in federal courts.
8th
Protects against cruel & unusual punishment and
excessive bail.
9th
Establishes people have rights beyond those stated in
the Constitution.
10th
All powers not given to feds or denied to the states are
held by each state, or the people.