objectives for constitution unit 1. you will be able to figure out the different powers that the...
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Objectives for Constitution Unit
1. You will be able to figure out the different powers that the government possesses.
2. You will be able to devise how your own rights are defended or protected in this document.
3. You will be able to explain how your rights have limits.
4. You will be able to reinforce your own interpretation of the Constitution
5. You will be able to determine how the Constitution affects the everyday business of government and life.
Some Loose Ends…Not everything about the
Articles of Confederation was bad
In 1785 the Congress got some of the states like Virginia, New York, and Massachusetts to give up their claims out west
This was called the Land Ordinace of 1785
It also allowed for them to survey the land… more on the next slide
Land Ordinances
Other Things
The reason for the ordinances was to encourage western land sales
This was an easy way for the government to make some money
A second ordinance, the Northwest Ordinance, organized the creation of new states
It also abolished slavery within the territory – establishing a very important precedent
Constitutional ConventionGoal: revise the Articles of
Confederation
Key People: George Washington, James
Madison, Alexander Hamilton, Ben Franklin
Who wasn’t there?: John Adams, Thomas Jefferson, Patrick Henry – he thought something was up
Why would some people be scared of this?
What caused them to meet?Shays’ Rebellion showed that we needed
some sort of national defense
The national government had no way to make money – states paid dues each year, usually less than required
There was no national trade policy – each state could do what it wanted
Some people thought we were in danger of collapse
Who was there?55 delegates from 12 states – what state
didn’t show up?
Why would Rhode Island refuse to show up?
Occupations:32 Lawyers11 Merchants4 Politicians2 Military Men2 Doctors2 Teachers1 Inventor1 Farmer
Secrets, Secrets are no fun…While the state governments and the public knew
that they were meeting, they had no idea what the delegates were discussing
Here are some of the ‘rules’1. locked door to the room2. closed shutters and windows (it was really hot)3. no one was to speak in public about the
proceedings4. destroy records of proceedings (private notes
were OK)
Mr. MadisonMadison was the most prepared guy in the room
He wrote most of the ideas in the Constitution
Although socially awkward, he dominated the Convention
He also wrote the notes that gave us an idea of what happened during the Convention
So we call him the “Father of the Constitution”
Key Arguments:Representation: why would this be an issue?
What did ‘revise’ really mean?
Slavery: count them?, slave trade?, abolish it?
State power: how to maintain it while building a stronger national government
Virginia Plan
Most of the Virginia delegates showed up early
They used their time (well, Madison did) to prepare a new government
Madison wrote it, but Edmund Randolph presented it on May 25
It shocked the room – why?
What did it have?3 branches of government: why would this be a good
idea?
Congress would be broken up into two houses:1. Lower House – chosen by people in each state2. Upper House – nominated by state legislature3. representatives would be determined by population
Congress would have power to regulate trade and taxes
Congress could also veto a state law
Who would like this plan?
How does it balance state and national power?
Uh oh…Delegates from smaller states were upset
New Jersey delegate William Paterson presented his own plan aka the New Jersey Plan
It was similar to the Virginia plan except that there would be one house of Congress, and it would have equal representation
It still had 3 branches, the power to tax, the power to regulate commerce
ProblemsVirginia and the larger states were worried
about the NJ Plan – why?
Hamilton then went up and spoke for six hours about his own plan for government:
1. bicameral legislature based on population2. upper house was chosen by the lower
house3. upper house chose a President – who
would serve for life
People obviously didn’t like this, but it did present an opposite extreme to the NJ plan
Connecticut CompromiseRoger Sherman and Oliver Ellsworth
presented a compromise:
1. two houses of legislature: a House of Representatives based on population, and a Senate with equal representation
2. the people would elect their representatives, and the Senate would be chosen by the state legislatures
3. every 3 slaves out of 5 would count towards the population
Philosophical Basis for CompromiseMixed Government!!
Every voice/class is heardMany examples in
history of Mixed GovernmentUSA
Exec = one Senate = few House = many
England King = one Lords = few commons = many
Rome Consul = one Senate = few Plebians = many
The EndOnce the Great Compromise was proposed,
most of the debate calmed down
On Sept. 17, 1787 they approved the document
Not everyone signed it – some feared the idea of not having individual rights protected
The states would approve them individually – once 9 states approved it, the Constitution would be the law of the land
Goals of the Constitution
1. Lay out a plan for our new government that would not be misinterpreted and would deal with long term issues
2. Prevent any one person from achieving power, which would lead to tyranny
3. In order to solve #2, they balanced the power across the three branches of government.
4. Lay out what the government can and cannot do.
5. Protect the rights of both individuals as well as states
Fundamental Principles
Checks and balances: ensures that each branch of the government watches over the others. An example of this would be impeachment
Federalism: the idea that local, state, and national governments share responsibility over their respective areas, but that the national government has the most authority
Separation of powers: each branch has it’s own job and they don’t overlap
The Original Document
Made up of 7 ‘articles,’ or sections that allude to a specific part of the government or issue
No Bill of Rights- they came in 1791
Did not account for the future of slavery, in fact the words ‘slave’ and ‘slavery’ do not appear in the document
The first three articles pertain to the three branches of government
Legislative Branch
What is the Legislative Branch?
House of Representatives:1. currently 435 members2. representation based on state’s population3. introduce any bill regarding spending4. led by Speaker of the House
Senate:1. 2 Senators per state – why would this be important?2. currently 100 members3. originally chosen by State legislatures – why?4. Vice President has tie breaking vote
Key Jobs of the Legislative BranchCreate laws
Regulate taxes – hmm, but who always gets the blame?
Approve any spending by the other branches
Declare war
Impeachment of officials
Requirements for Office
Senate: - 30 years old- citizen for 9 years- resident in the state you represent
House:- 25 years old- citizen for 7 years
- resident of the state you represent
Powers of Congress1. Raise and collect taxes: common federal tax
laws
2. Regulate trade with other countries: why would this be important?
3. Regulate currency: what does this improve?
4. Declare war: why wouldn’t the President do this?
5. Pay for the armed forces
6. Approve any Presidential nominee
7. Allowed to create forts and other federal buildings in various states
Other things1. Habeas Corpus shall not be removed, except for
rebellion
2. No taxes on exports
3. Must keep records of money spent, only money spent that is allowed by the budget
4. Impeachment of officials in the other branches- House of Reps
5. Trial for impeached official- Senate
Structure of Legislative Branch
Review Questions for Legislative Branch
1. How did this section reflect the ideas presented in the Virginia Plan, New Jersey Plan, and Connecticut Compromise?
2. How did this section reflect Whig ideology?
3. Did this section provide a balance of power between the states and the federal government?
Executive Branch
The White House: My future home
What is the Executive Branch?
• ‘executes’ or enforces the laws that Congress creates
• Largest branch of the national government
• Usually what people are complaining about
• The President is in charge of it
• Arguably has the most power of any branch of government
How do you become President?
Presidents are not directly elected by the people, instead they are chosen by the Electoral College
In order to win, a President must gain a majority of the votes, which is now 270
If a candidate falls short, the House of Representatives will vote on who becomes the next President
Five times (1800, 1824, 1876, 1888, and 2000), there was controversy regarding the outcome of the Electoral College
What the Constitution Doesn’t SayIt’s written with G Dubs in mind
What to call the President… that came later
What the role of the Vice President is… one Vice President, James Garner said it ‘wasn’t worth a bucket of warm spit’
If the President can simply fire his officials, it’s really unclear
Until FDR, it didn’t say how many terms you could serve, just that you had 4 year terms
GDubs established the precedent of leaving after two consecutive terms
Requirements for Office, etc.
Four year term, can only be elected twice, even if not consecutive
Elected by the Electoral College, need 270 to win, usually Electoral College coincides with the popular vote
Have to be a native born citizen to hold office; 35 years old
If the President dies, then the Vice President succeeds him, followed by the Speaker of the House of Representatives
Must take oath of office
Powers of OfficeCommander in Chief of the Armed Forces: can not
declare war, but can send military anywhere, and can ‘push the button’
Can make treaties with other nations, after consulting with the Senate
Can nominate Federal judges, Senate and House must approve before they are given position
Must deliver a State of the Union Address each year
Veto any bill given to him/her by Congress
Impeachment
If convicted of ‘high crimes and misdemeanors’ the President, along with any other member of his/her cabinet shall be removed from office
Only two Presidents have ever been impeached… Andrew Johnson and Bill Clinton. For the record.. Richard Nixon most likely would have been impeached had he not resigned.
Chart
Summary Questions
1. How does the Constitution limit the powers of the Executive Branch?
2. In what ways does the Executive Branch bear the most responsibility in regards to making decisions about the future of the Country?
Judicial Branch
Structure of the Federal Court System
Originally…Article III only refers to
the Supreme Court
No mention of how many courts or judges
Congress was given power to create the various district courts (94 as of now)
They were not given the power of reviewing laws
Powers of the Judicial BranchJudicial Review- check to
see if any law is unconstitutional
Try any case involving more than one state- why was this created?
Any case involving federal government
Appeals from lower state courts- once the State Supreme courts hear a case, the Federal Supreme Court can hear a case
Checks both the Legislative and Executive Branches by evaluating constitutionality
Supreme CourtHighest Court in the land
Is the final say in any court decision, there is no appeal to their decision
Made up of 9 members, with 1 Chief Justice, all of whom serve life terms
Must be nominated by a President and approved by the Senate
Usually takes years to get case heard there, because of the length of trials that precede it
Can hear both state cases and federal cases if appeals are made
How does a case go to the Supreme Court?
Overview Questions1. Are there any famous cases that you
know of that involved the Supreme Court?
2. Why do you think that the Supreme Court has final say on any ruling?
3. How does the Supreme Court keep the other branches in check?
The Actual Document
ProblemsNot everyone was pleased by the Constitution, in
fact many members of the Convention refused to sign it
The convention said that each state had to form a separate convention in order to ratify it
They thought having the legislatures ratify it would be a bad idea- why?
Legislatures have to worry about a bunch of different things at once, but the convention would only be about one thing: the Constitution
Once 9/13 states approved it, then it would become the law of the land
FederalistsWere the strongest
supporters of the Constitution
Most lived in big cities
Created the Federalist Papers
Hamilton and Madison were the key leaders
Not all of them agreed on everything
Anti-FederalistsWere fearful of the Constitution
Some feared a national government that would trample the states
Others feared the idea that a few people had power over so many people
Some just wanted protections of individual rights – like George Mason
Although a minority, held up ratification in Virginia and New York
Result of Debates
Delaware, New Jersey, Pennsylvania, and Connecticut all ratified immediately- what is significant about those first two states?
NC and RI refused to vote on it, rejected it all together: No Bill of Rights
SC and Maryland passed it by early 1788
Massachusetts, Virginia, and New York ratified it by June 1788, very close though: Now had 9 states, so central government was legitimate and had power over the states
Most states recommended that some sort of Bill of Rights be added
Bill Of Rights Were adopted to ensure that the states
that had not ratified the Constitution (North Carolina and Rhode Island) would join the Union
12 Amendments were sent out to the states for approval: at least 9 of them had to approve it
¾ approved ten of the amendments by 1791, and after all the states were now a part of the Union
These first 10 amendments are popularly called the Bill of Rights