Chapter 3 : federal Constitution, Law of the land

• The Articles of Confederations showed more and more flaws : it was a calling of a new convention to revise the Articles
• How many delegates were present during the meeting to write a New Constitution and what is their name ?

  They were 55, they're called the Founding Fathers
• What's the problem of representation seen in the Meeting between the Founding Fathers ?

  They represented only a part of the population (no poor white, no African-American, no women) : it was not a fully democratic assembly.
• Where and when took place the meeting to draft a Constitution ?

  In Philadelphia from May 25, 1787 to September 17, 1787
• What were the principal divisions during the meeting in Philadelphia to draft a new Constitution ?

  Fierce divisions between the “Federalists” (George Washington, James Madison, Alexander Hamilton, Thomas Jefferson) and the Anti-Federalists.
• The Federalists were proponents of a stronger central government while the Anti-Federalists were for a more limited power
• New Jersey Plan : each State would have the same number of representatives in the legislative assembly
• Virginia Plan : the number of representatives would be dependent on the wealth and pop of each State
• Connecticut Compromise (aka Great Compromise or Sherman’s Compromise) = solution adopted = bicameral Congress
• Bicameral Congress is composed of the Senate and the House of Representatives
• In the Senate : every State would have the same number of representatives (member depends on the population)
• In the House, the number of representatives would be based on the number of inhabitants of each states (=proportionality)
• After drafting the new Constitution, arrived the question of slavery : Should slaves be counted as inhabitants (they were considered as property) ?

  It was the most divisive issue
• Solution for the question "Should slaves be counted as inhabitants ?"

  The 3/5th Compromise
• The “3/5th Compromise” : slaves would count as 3/5th of a white man (to increase the number of representatives in the South)
• International slave trade was abolished in...


  1808
• What did the abolition of international slave trade meant ?

  People could have slaves and trade them within the country, but they couldn't bring them from another country
• Sherman Compromise = federalism = sharing of power between the states and the central government
• Legislative power is

  The Congress, composed of the Senate and the House of Representatives
• The Executive power is

  The President
• The Judiciary power is

  The Supreme Court
• Checks and balances (équilibre des pouvoirs) : to check any abuse of power and keep a balance between the various branches.
• Adoption of amendments : 

  • They must be ratified by ⅔ of the members of Congress in both chambers
  • And they must be ratified by ¾ th of the States (States legislatures or States ratifying conventions).
• Controversies about the lack of protection of fundamental civil rights → draft of a Bill of Rights
• Why did the Bill of Rights was drafted ?

  Because In the New Constitution, there was a lack of protection of fundamental civil rights
• The Bill of Rights was drafted by... in...

  James Madison in 1789
• The purpose of the Bill of Right is to

  restrict the power of the federal government over the citizens
• Ratification of the... effective in 1791

  Bill of Rights
• How many amendments were in the Bill of Rights ?

  10 amendments added to the US Constitution
• The first amendment in the Bill of Rights protected...

  The freedom of speech, of religion, free press, freedom of assemble
• The second amendment in the Bill of Rights protected...

  The right to bear arms
• The particularity of the states concerning laws is that

  They can't make any law that contradict the federal Constitution
• The fifteenth Amendment in the Bill of Rights...


  protected former slaves the right to vote (in 1870)
• The Amendment that gave former slaves the right to vote was ratified in

  1870
• The New constitution was effective in


  1789
• The New Constitution was drafted in 


  1787
• Since some of the states were against this constitution because it couldn’t guarantee their rights, the Bill of Rights was drafted : protecting essential individual rights.