Essential Documents of the Essential Documents of the American GovernmentAmerican Government

Government – Libertyville HSGovernment – Libertyville HS

Declaration of IndependenceDeclaration of Independence

What do you What do you remember from remember from US History?US History?

BackgroundBackground April 1775: Rev. April 1775: Rev.

War startedWar started 1776: Continental 1776: Continental

Congress Congress convened in convened in PhiladelphiaPhiladelphia

Declaration of IndependenceDeclaration of Independence ““Committee of Committee of

Five” to draft Five” to draft DeclarationDeclaration Thomas Jefferson Thomas Jefferson

(primary author)(primary author) Ben FranklinBen Franklin John AdamsJohn Adams Robert LivingstonRobert Livingston Roger ShermanRoger Sherman

Declaration of IndependenceDeclaration of Independence

Brainstorm: What was the purpose Brainstorm: What was the purpose of the Declaration of Independence?of the Declaration of Independence?

Mr. Duffy’s three purposesMr. Duffy’s three purposes Lay out principles of government of new Lay out principles of government of new

statestate Voice independence of 13 colonies from Voice independence of 13 colonies from

EnglandEngland Explain WHY colonies were breaking Explain WHY colonies were breaking

away from Englandaway from England

Declaration of IndependenceDeclaration of Independence

Review the first Review the first two paragraphs of two paragraphs of the Declaration . . the Declaration . . . .

How is it How is it organized?organized?

Is it logical?Is it logical? What are the What are the

principles of this principles of this new government?new government?

Articles of ConfederationArticles of Confederation

First experiment of colonies to have a First experiment of colonies to have a document governing their interactionsdocument governing their interactions

Establish a “firm league of friendship”Establish a “firm league of friendship” Characteristics of AOCCharacteristics of AOC

States maintain their independence and States maintain their independence and sovereigntysovereignty

Weak central governmentWeak central government Difficult to make changes or get things doneDifficult to make changes or get things done

Articles of ConfederationArticles of Confederation

Three words to remember about AOC Three words to remember about AOC . . .. . .

ITDIDN’T

WORK

Creating the US ConstitutionCreating the US Constitution After the War for Independence ended, After the War for Independence ended,

people agreed that the AOC needed to be people agreed that the AOC needed to be changedchanged (Structural problems + Shay’s Rebellion)(Structural problems + Shay’s Rebellion)

Met in Philadelphia in 1787 (12 of 13 Met in Philadelphia in 1787 (12 of 13 states)states)

US ConstitutionUS Constitution Months of debate, Months of debate,

compromise led to compromise led to ConstitutionConstitution

Document of Document of CompromisesCompromises Legislature: how Legislature: how

composed?composed? Executive: direct Executive: direct

or indirect election?or indirect election? Judicial: power + Judicial: power +

life appointments?!life appointments?! Slavery: how to Slavery: how to

avoid disunion with avoid disunion with South?South?

At the Constitutional Congress, 1787

Composition of the LegislatureComposition of the Legislature Virginia PlanVirginia Plan

Base representation on Base representation on populationpopulation

Favored big statesFavored big states New Jersey PlanNew Jersey Plan

Base representation Base representation equally, by stateequally, by state

Favored small statesFavored small states Connecticut Connecticut

CompromiseCompromise Bicameral (two chamber) Bicameral (two chamber)

legislaturelegislature

Executive: Direct Election or Executive: Direct Election or Indirect Selection?Indirect Selection?

Why didn’t the Why didn’t the Founders want direct Founders want direct election? (Brainstorm)election? (Brainstorm) Difficulty for nationwide Difficulty for nationwide

vote (distance, travel vote (distance, travel problems, corruption)problems, corruption)

““Favorite Son” (vote for Favorite Son” (vote for local candidate, not local candidate, not best)best)

Fear of direct Fear of direct democracydemocracy

Executive (s)electionExecutive (s)election Why didn’t founders want President Why didn’t founders want President

selected by both chambers of selected by both chambers of Congress?Congress? Political partiesPolitical parties President would owe Congress for jobPresident would owe Congress for job Too much power to CongressToo much power to Congress

Executive (s)electionExecutive (s)election

So why create the Electoral College?So why create the Electoral College? Requires President to have support Requires President to have support

across the country, not just one regionacross the country, not just one region Contributes to political stability of Contributes to political stability of

country by favoring two party systemcountry by favoring two party system We ARE a federal system …! (50 state We ARE a federal system …! (50 state

elections, plus one election by Electoral elections, plus one election by Electoral College = President)College = President)

Judicial CompromiseJudicial Compromise United States United States

Supreme Court Supreme Court (USSC) the supreme (USSC) the supreme law in countrylaw in country

BUT Congress creates BUT Congress creates all other courts and all other courts and establishes which establishes which courts get jurisdictioncourts get jurisdiction

And the Executive And the Executive appoints all justices / appoints all justices / judgesjudges

SlaverySlavery New England states New England states

wanted to outlaw wanted to outlaw slavery completelyslavery completely

Southern states Southern states wanted to count wanted to count every slave a every slave a person for person for representation in representation in national legislaturenational legislature

3/5 Compromise Slaves would count as

3/5 a person for purposes of counting population to determine how many House of Representatives a state received

Congress could not pass a law outlawing slavery until after 1808

Fugitive slaves escaping to a non slave state had to be returned to their home state, if captured

Structure of ConstitutionStructure of Constitution

Seven ArticlesSeven Articles 11stst article = powers of Legislative branch article = powers of Legislative branch 22ndnd article = powers of Executive branch article = powers of Executive branch 33rdrd article = powers of Judicial branch article = powers of Judicial branch 44thth article = Relations among the states article = Relations among the states 55thth article = How to amend the Constitution article = How to amend the Constitution 66thth article = Supremacy of National Law; Oaths article = Supremacy of National Law; Oaths 77thth article = Ratification (approval) of article = Ratification (approval) of

ConstitutionConstitution

Constitutional Principles

Popular Sovereignty

Separation of Powers

Limited Government

Checks and Balances

Federalism

+

+

Popular Sovereignty (PS) National government

gets its power from the PEOPLE! “We the People” –

preamble to the Constitution

Declaration of Independence = failure of Brits to consider rights of colonists

People are the ONLY source of governmental power

Limited Government (LG) Government may

exercise ONLY those powers given to it by the people

Government must obey the law (b/c the law comes from the people)

“Rule of Law”Map shows confidence in governmentfollowing rules of societyGreen = top 25%; yellow 2nd 25%; orange 3rd 25%; red bottom 25%Source – answers.com

PS + LG

Why do these two principles go together?

If government gets its power from the people, and the people are its only source of power, then the government is one of LIMITED powers.

The government is not above the law because the PEOPLE are the source of laws. Thus, the government must follow the rules, just like everybody else.

Separation of Powers (SOP)

The Constitution separates powers of government (derived from who?) among three co-equal branches of government

Article I, section I = “All legislative powers herein granted shall be vested in Congress…”

Article II, Section I = “The Executive power shall be vested in a President of the USA”

Article III, Section I = “The judicial power of the US shall be vested in one supreme court . . .”

Checks and Balances (C&B) Further limits on each

branch’s powers are explicit restraints, held by other branches

Idea of framers was to balance the operations of government by dividing power up among branches, to check each other (no one branch had too much power)

Examples of C&B

Congress makes law ...

President declares war...

President enters into treaty…

President names federal judge...

. . . But president can veto!

. . . But Congress must approve AND fund!

. . . But Senate ratifies!

. . . But Senate “advises and consents” to choice!

SOP + L&G

Why do these two go together?

Two sides of the same coin; idea of both is to limit the power that each branch has, so no one branch can dominate

the government and become dictators.

Federalism

Distribution of power of government on a territorial basis

National government has some powers, states have other powers

Framers wanted to assure that local control over local matters remained with the states

BUT they wanted a central government that was strong enough to act for the entire country

Federalism: National Government’s Powers

Express Powers = contained in Constitution Example: Congress’ power to tax (I, VIII)

Implied Powers = reasonably suggested within Constitution Example: Congress’ power to create the Internal

Revenue Service (I, VIII, xviii)

Inherent Powers = belong to national government because it is a sovereign nation Example: Central government’s power to enter into

treaties, control borders

What are Reserved Powers? Powers of the States – all power that doesn’t go to central government as express, implied, or inherent power

Federalist vs. Anti-FederalistFederalist vs. Anti-Federalist Who were the Who were the

Federalists?Federalists? Believed in a strong Believed in a strong

central (“Federal”) central (“Federal”) governmentgovernment

Separation of power Separation of power into 3 equal branchesinto 3 equal branches

No enumerated Bill of No enumerated Bill of Rights (listing rights is Rights (listing rights is dangerous…)dangerous…)

Led by George Led by George Washington, John Washington, John Adams, Ben FranklinAdams, Ben Franklin

Federalists vs. Anti-FederalistsFederalists vs. Anti-Federalists Who were the Anti-Federalists?Who were the Anti-Federalists?

Believed Constitution gave too Believed Constitution gave too much power to the central much power to the central governmentgovernment

Wanted a bill of rightsWanted a bill of rights Maintenance of an army during Maintenance of an army during

peacetime was dangerouspeacetime was dangerous Congress was too strong Congress was too strong

(necessary & proper)(necessary & proper) Executive branch too strongExecutive branch too strong Led by Thomas Jefferson, James Led by Thomas Jefferson, James

Monroe, Patrick HenryMonroe, Patrick Henry

Federalist Papers (1787-88)Federalist Papers (1787-88) With Constitution complete, With Constitution complete,

persuasion beganpersuasion began Essays published in NYC Essays published in NYC

newspapers during debate to newspapers during debate to ratify Constitutionratify Constitution

Essays outlined how the new Essays outlined how the new government would function government would function under the constitution, and under the constitution, and why this was best for the USwhy this was best for the US

Written by Hamilton (52), Written by Hamilton (52), James Madison (28), John Jay James Madison (28), John Jay (5)(5)

Civil Liberties in Constitution Prohibited ex post

facto laws laws that punish acts

that, when committed, weren’t against the law

Prohibited bills of attainder Law that punishes

person who did not have a trial in a court of law

Guaranteed habeus corpus Protect against illegal

detention Person must be told why

they are being held

Bill of RightsBill of Rights Federalists did not Federalists did not

include a list of rights include a list of rights of citizensof citizens

This was Anti-This was Anti-Federalists’ best Federalists’ best argument against argument against ratificationratification

Several states Several states demanded a bill of demanded a bill of rights as a condition rights as a condition of ratification (Mass., of ratification (Mass., NH, VA, NY, NC)NH, VA, NY, NC)

Signing the Constitution, 1787

Bill of Rights First Congress met in

1789 James Madison, a

Federalist, wrote the Bill of Rights

Madison wrote 12 amendments; 11 were ratified (first 10 amendments ratified by 1791; 27th Amendment, limiting congressional pay raises, ratified in 1992)

James Madison

Copy of Bill of Rights