Review/topics

8th grade SSLackey

Politics

• Constitution• 1st constitutional convention MAY 25th 1787• Met in Philadelphia at Indepedance hall• 55 representatives,discussions were held in

secret– (was Hamilton’s idea)

Delegates from North CarolinaSigned and ratified the constitution for NC

• William Blount Richard Dobbs Spaight Hugh Williamson

*Blount was paymaster for NC troops during the Revolutionary warInvolved in a failed plot to invade Florida using British and Native troops

*Spaight served Anti-federalist and governor of NC 1793-1795Killed in a duel by Anti-federalist John Stanly in 1802

*Williamson was surgeon general for North Carolina troops during the revolutionary war, and one of the first representatives to US congress.

The Stanly-Spaight duel

• Read The Stanly-Spaight duel caption at the website below

• http://www.learnnc.org/lp/editions/nchist-newnation/4313

William Blount’s plot

• Begin reading from the 5th paragraph down at “Despite this awkward beginning…” to the end of the caption.

• http://www.northcarolinahistory.org/encyclopedia/126/entry

Hugh Williamson

• http://colonialhall.com/williamson/williamson.php

Constitution

• Branches– Executive branch Law Enforcing body made up of

President, Vice President, the cabinet and FBI,CIA,and ATF

– Legislative branch Law making body made up of the HOUSE OF REPRESENTATIVES and SENATE

– JUDICIAL branch Law Interpreting body made up of the SUPREME COURT and all other federal court systems.

Constitution

• Vocabulary• GREAT COMPROMISE (aka Connecticut

Compromise)-created a legislative branch with two parts (BICAMERAL).– Upper house (Senate) which had equal representation.

(2 per state-100 total)– Lower house (House of Representatives) which had

representation based on State population– Representatives range between 1 (for Alaska) and 53

(for California)-435 total

• Grey=no reps lost or gained • Blue=reps that state has gained • Orange= reps that state has lost

Article 4

• States Rights– Clause 1: Full Faith and Credit:• Public Acts Records from one state respected in all

states– Clause 2: Privileges and Immunities:• Out of staters can own property, travel, and courts in

other states

Article 4

– Clause 3: Extradition of Fugitives:• A state can force a resident of another state to stand

trial in the first state.– Leads to fugitive slave act (1850) allowed runaway slaves to

be chased across state borders

– Clause 4: Formation of New States:• Can’t be composed of several states (no Super states)• Can’t be formed within existing states (State of

Franklin)

Article 5

• The Amendment Clause– Two methods of creating one• 2/3 of Congress (House of Reps and Senate) ProposeAn amendment

3/4 of state governments must agree to ratify the government.OR-2/3 of state govs may call an amendment con for proposal, then ratified by ¾ of state govs

Article 6

• Clause 1: All debts the colonies had are still valid after constitution is ratified.

• Clause 2: SUPREMACY CLAUSE Where federal and state law conflict, fed law always wins.

• Clause 3: Judges, Presidents, the military must take an oath to uphold the Constitution.– Public office is not based on religion, no “religious

Test”

Article 7

• 9 out of 13 states had to ratify it.• VA, NC, NY didn’t ratify it at first• NC and RI wouldn’t ratify it without protecting

individual rights (BOR)• March 4th 1789 United States begins

Constitution• Amendments• 27 amendments in all, passed over many many

years• 1st ten amendments known as the BILL OF

RIGHTS• Designed to protect the Individual rights of

citizens.• North Carolina refused to ratify the Constitution

until the B O R was passed

Amendments

• 1-political and religious freedom/right to assemble peaceably in public.

• 2-The right to possess weapons, especially guns

• 3-The right for citizens to refuse soldiers to stay in their homes (Quartering)

Amendments

• 4 the prevention of illegal search and seizure by authorities without proper documentation

• 5 No self Incrimination in a criminal case “I plead the fifth”– Private property can’t be taken by the government

without proper payment– Due process of law- cases follow a regular set of steps– Division between trials in civilian (non-military) and

military court

Amendments

• 6th Right to a Speedy public trial– Trials are held in the state which the crime was

committed– Suspects are to be charged (informed) of the

crime they are accused of.– Non-negotiale process for getting witnesses for

the suspects defense.– Right to have legal counsel in a criminal trial

Amendments

• 7 Trial by jury in civil cases/ division between MISDEMEANORS (less serious crimes) and FELONIES (more serious crimes) Based on money value ($20 dollars in 1787 around $250 here in NC)

• 8 no excessive bail for a crime, can’t be sentenced to CRUEL AND UNUSUAL PUNISHMENT for a crime.

Amendments

• 9 enumerated rights of the people There are other rights and freedoms of the people that have not been covered in the BOR but eventually will be named and defined.

• 10 FEDERALISM Division of power between state and federal governments. (whether state uses it or not)

• Vocabulary• Amendment- Official change in the

Constitutional law, allows the Constitution to change with the times.

• Bill of Rights- First 10 Amendments of the constitution.

• Checks and Balances-Constitutional Idea that no branch can overpower any other branch

• Cruel and Unusual Punishment-torture to cause physical pain.

• Executive Branch- Law enforcing branch of Government

• Federalism- Division of State and National power found in the 10th amendment.

• Felonies- Serious Crimes of a high dollar amount, murder, kidnapping, etc.

• GREAT COMPROMISE (aka Connecticut Compromise)-created a legislative branch with two parts (BICAMERAL).– Upper house (Senate) which had equal

representation. (2 per state-100 total)– Lower house (House of Representatives) which

had representation based on State population– Representatives range between 1 (for Alaska) and

53 (for California)-435 total

• Misdemeanor-less serious crimes like speeding, vandalism, or littering.

• Ratify- to accept officially law, document, or treaty• Supremacy Clause-Federal law beats state law if the two laws

are in conflict.• Separation of Powers- Constitutional Idea that three branches

of government divide power up.• THREE FIFTHS COMPROMISE-Southern states wanted slaves

to be counted to increase their political power.– Northern states did not want slaves to be counted at all

(did not want Southern states to have any more power)– Each slave counted for 3/5 of a person

• Veto-Presidential power to refuse to sign a bill into a law, can be overidden by Congress