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Chapter 3 Section 3 Outline NotesA New Plan of Government

1) Roots of the Constitution: Main Idea-Ideas and thinkers of the past influenced the creation of theUnited States Constitution

An American Story-Benjamin Franklins response to the question What kind of government

have you given us, Dr. Franklin? A republic or a Monarchy? Franklins response A republic,Madam, if you can keep it This response indicated that a republica system of government in

which the people elect representatives to exercise power for themrequires citizens to take an active

role.a) What Ideas Influenced the Framers?

-Took four months to produce a new constitution.

-Document provided framework for strong central government for U.S.-The Constitution is uniquely American but has roots in many other civilizations

-Delegates studied the history of political development starting with ancient Greece

-Did so to avoid mistakes of past

-Both Magna Carta and English Bill of Rights were important models for Americans

b) Enlightenment Thinkers-Framers of Constitution got ideas on nature of people and government from European

Enlightenment writers-Enlightenment was a movement of the 1700s that promoted knowledge, reason, and

science as the mean to improve society

-James Madison and other architects of Constitution were familiar with work of JohnLocke and Baron de Montesquieu two important philosophers

-Locke, English philosopher, believed all people have natural rights

-These rights include the rights to life, liberty, and property

-Americans interpreted natural rights to mean rights of Englishmen defined in MagnaCarta and English Bill of Rights

-Montesquieu, French writer, wrote The Spirit of Laws which declared the powers ofgovernment should be separated and balanced against each other.

-This separation would keep any one person or group from gaining too much power

-Framers of Constitution followed ideas of Montesquieu and made sure to specify and

divide the powers of governmentReading Check:What is a republic?

2) The Federal System: Main Idea-The Constitution outlines the responsibilities and limits of the three

branches of government-Constitution created a federal system of government

-Divided powers between national or federal government and states

-Under Articles of Confederation, states retained sovereignty

-Under Constitution states gave up some powers to federal government while keeping othersa) Shared Powers

-Federalism = sharing power between federal and state governments

-This is one distinctive feature of the United States government-Under Constitution, federal government gained broad powers to tax, regulate trade,

control currency, raise an army and declare war

-Could also pass laws that were necessary and proper for carrying out its responsibilities-Constitution left important powers in hands of states

-states have power to pass and enforce laws and regulate trade within their borders

-could establish local governments, schools, and other institutions affecting their citizens

b) Supreme Law of the Land

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-Constitution and laws passed by Congress were to be the supreme law of the land

-No state could make laws or take actions that went against Constitution

-Any dispute between federal government and states was to be settled by federal courts onbasis of Constitution

-Under new federal system, Constitution became final and supreme authority

c) The Organization of Government-Framers of Constitution divided federal government into three branches

-Brancheslegislative, executive, and judicial-first three articles of Constitution describe powers and responsibilities of each branch

-articles = parts-Article I of Constitution establishes Congress

-Legislative branch = lawmaking branch of government

-Congress of U.S. is comprised of House of Representatives and Senate-Powers of Congress include collecting taxes, coining money, and regulating trade

-Congress can declare war and raise and support armies

-It makes all laws needed to fulfill functions given to it as stated in Constitutiond) The Executive Branch

-Article II of Constitution established the executive branch

-Headed by president to carry out nations laws-President serves as commander in chief of armed forces and conducts relations with other

countries

e) The Judicial Branch

-Article III of Constitution deals with judicial branch-Judicial branch = court system of the United States

-Nations judicial power resides in one supreme Court

-As well as any other lower federal courts that Congress might establish-Supreme Court and federal courts hear cases involving the Constitution, laws passed by

Congress and disputes between states

f) System of Checks and Balances

-The Constitution divides government power among legislative, executive, and judicialbranches

-To keep any one branch from gaining too much power, Framers built in a system of

checks and balances-Checks and balances = three branches of government have roles that check, or limit the

others so that no single branch can dominate the government

Reading Check: Why does the Constitution divide government power among thelegislative, executive, and judicial branches?

3) The Debate Over Ratification: Main Idea-Americans reacted to the proposed Constitution in different

waysa) Federalists

-Federalists = supporters of the new Constitution

-Federalist Papers = essays that appeared in newspapers around country written byMadison, Hamilton, and Jay that explained and defended the Constitution

b) Antifederalists

-Federalists called those who opposed ratification = Antifederalists

-Antifederalists criticized Constitution because it lacked bill of rights to protect individualfreedoms

-Mercy Otis Warren = Massachusetts opponent of Constitution

Reading Check: According to the Antifederalists, why was a bill of rights important?