the constitution american government, unit 1 part 4
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Philadelphia, 1787 Founding Fathers knew we were in trouble so they met and wrote the Constitution. Much argument went into it and lasted even into the ratification process – which took two years. The Ratification of the Constitution brought about great controversy and the Federalist Papers Written by Alexander Hamilton, James Madison, and John JayTRANSCRIPT
THE CONSTITUTION
American Government, Unit 1 part 4
Why write the Constitution? The Articles of Confederation were
failing. Poor Economy
Shay’s Rebellion Rough trading with other countries Rough trading between states too
No power to tax No money to have a good army or navy
Basically, the states did what they wanted to do and were not always getting along
Philadelphia, 1787 Founding Fathers knew we were in
trouble so they met and wrote the Constitution.
Much argument went into it and lasted even into the ratification process – which took two years.
The Ratification of the Constitution brought about great controversy and the Federalist Papers Written by Alexander Hamilton, James
Madison, and John Jay
Arguments that supported the ratification of the Constitution
Federalist Papers
Strong National Government (Federalist #10) States worried about losing their
independence Founding Fathers knew the government
needed the power to be able to address national problems and be a true government
Founding Fathers knew that to remain free, the nation needed to be united
Limited Government (Federalist Paper #45) The people give the authority to make and
implement laws to elected officials Separation of Powers (Federalist Paper #47)
Why three branches??? Wasn’t one enough? Three were needed, each doing a different job
so that no one branch of the government had enough power to become tyrannical and violate the rights and liberties of the people
Checks and Balances (Federalist Paper #51) Another way to keep the branches in check. Each
branch is granted specific powers over the other two branches; with no one branch able to usurp power from its fellows
Federal Government (Federalist Papers overall, but especially #s 47-51) Division of powers between the national and state
governments. Each having it’s own powers with some overlapping.
Compromise between the previously known super-strong government and a loose confederation
Popular Sovereignty (Federalist Paper #10) There was no real argument on this in
electing members of Congress, the big argument/concern was in electing the President
Founding Fathers developed a compromise – the Electoral College – to ensure the public would not elect a poorly qualified President
BASIC CONSTITUTIONAL PRINCIPLES EXPLAINED
The Six Basic Principles
It’s authors wrote the constitution based on the principles that political power resides with the people and that the National Govt should be limited and divided into 3 branches to limit the power of each.
Popular Sovereignty Limited Gov’t Separation of
Powers Checks & Balances Judicial Review Federalism
1. Popular Sovereignty Gov’t can govern only with the consent
of the governed. Sovereign people created the
Constitution and the gov’t
2. Limited Gov’t Gov’t may do only those things that the
people have given it the power to do The gov’t and its officers are always
subject to the law
3. Separation of Powers
The Constitution distributes the powers of the National Gov’t among Congress (Legislative Branch), the President (Executive Branch), and the courts (Judicial Branch)
The Framers of the Constitution created a separation of powers in order to limit the powers of the gov’t and to prevent tyranny – too much power in the hands of one person or a few people
4. Checks & Balances Each branch of gov’t was subject to a
number of constitutional restraints by other branches
Although there have been instances of spectacular clashes between branches, usually the branches of government restrain themselves as they attempt to achieve their goals
5. Judicial Review Through the landmark case Marbury v. Madison
(1803), the judicial branch possesses the power to determine the constitutionality of an action of the gov’t
In most cases the judiciary has supported the constitutionality of gov’t acts. In more then 130 cases, the courts have found
congressional acts to be unconstitutional, The Court in 1998 struck down a law giving the president the
power to cancel [Line Item Veto] individual spending items and certain tax benefits contained in laws passed by Congress (Clinton v City of New York). The Court said that the line-item veto – a goal long sought by president of both parties – unconstitutionally gave the president the power to unilaterally void the text of duly enacted laws.
They have voided thousands of acts of State and local gov’ts In 1973, the Court struck down all state laws
which made abortions illegal in their ruling in the case of Roe v Wade.
6. Federalism Is the division of political power among a
central government and several regional gov’ts
U.S. federalism originated in American rebellion against the edicts of a distant central gov’t in England
Is a compromise between a strict central gov’t and a loose confederation, such as that provided for in the Articles of Confederation
Seven Articles
Breakdown of the Constitution
Preamble We the people, in order to form a more
perfect Union establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessing of liberty to ourselves and our posterity do ordain and establish this Constitution for the United States of America!
Preamble and our Government
Stated in the Preamble How it relates to the U.S. Government
Form a more perfect union Division of powersEstablish justice Judicial BranchInsure domestic tranquility Laws that protect us from
rioting, looting, chaos, etc.Provide for the common defense
Gov’t has the power to raise and maintain an army and a navy
Promote the general welfare Our rights cannot infringe on the rights of others
Ensure the blessings of liberty Civil Rights and Civil Liberties are guaranteed
Article 1 – the Legislative Branch Congress
House of Representatives Senate
Make the Laws
Article 2 – the Executive Branch The President Enforces the Laws
Article 3 – Judicial Branch Establishes the Supreme Court of the
United States Interpret the Laws
Article 4 – States relations with each other
Full Faith and Credit Privileges and Immunities
Article 5 – Amending the Constitution
The Founding Fathers knew the Constitution wasn’t perfect and would need to be changed over time so they provided an amendment process.
Article 6 – Supremacy Clause The Constitution is the SUPREME LAW OF
THE LAND
Article 7 – Ratification Procedures The Constitution would go into effect as
soon as 9 of the 13 states ratified it.
Formally Amending the Constitution
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Four methods of the Formal Amendment Process
An amendment is proposed by Congress by a 2/3rd vote in both houses, then ratified by 3/4th of the state legislatures Used for amendments 1-20 and 22-27
An amendment is proposed by Congress by a 2/3rd vote in both houses then ratified by special conventions in 3/4th of the states. Used for the 21st Amendment
An amendment is proposed at a national convention when requested by 2/3rd of the State Legislatures, then ratified by 3/4th of the state Legislatures
An amendment is proposed at a national convention called by Congress when requested by 2/3rd of the State Legislatures, then ratified by special convention held in 3/4th of the states.
The 27 Amendments The first 10 Amendments are called the Bill of Rights
because they set out the great constitutional guarantees of freedoms for the American people
The Civil War Amendments (13,14, & 15) combined to end slavery, define American citizenship, proclaim the rights of due process and equal protection of the law, and outlaw restrictions on the right to vote based on race, color, or previous condition of servitude.
The other Amendments further define the workings of the government, empower the government in certain ways, or deal with important social issues.
Bill of Rights 1-10 1st Amendment – five basic freedoms:
Speech
Press
Religion
Assembly
Petition
2nd and 3rd Amendments
Owning a gun to maintain a militia
No quartering of troops during peace time
4th Amendment – no searches and seizures without a warrant
5th Amendment
You do not have to testify
against yourself
You cannot be deprived of life,
liberty, or property
without due process of law
The government
can use eminent
domain to take your property for public use as long as the pay you fairly
for it.
6th and 7th AmendmentsRight to a
speedy and public trial
Right to a trial by jury in civil
cases
8th Amendment – no cruel and unusual punishment
9th and 10th Amendment
There are rights not
mentioned in the
Constitution that people
also have – like the right to
privacy
Powers not mentioned in the Constitution are reserved for the
states
Civil War Amendments 13th Amendment – ended slavery
14th Amendment – It applied the Bill of Rights to the state governments so that states could not deprive anyone of
without due process of law All persons born or naturalized in the United States,
and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside.
Life LibertyOr Property
15th AmendmentNo state can
deprive someone of the right to vote based
on race, color, or previous
condition of servitude
The Rest of the Amendments 11th Amendment explains how citizens
can sue states 12th Amendment covers voting when
there is a tie in the Electoral College 16th Amendment established a national
income tax 17th Amendment allowed Senators to be
elected by the population of their state 18th Amendment outlawed alcoholic
beverages 19th Amendment gave women the right
to vote
20th Amendment changed the Presidential inauguration date to January 20th at Noon.
21st Amendment repealed the 18th Amendment
22nd Amendment limits the president to two terms but not more than 10 years
23rd Amendment gave Washington, D.C. three votes in the Electoral College
24th Amendment outlawed poll taxes (paying a fee to vote)
25th Amendment established a line of succession if the president dies or is disabled in office
26th Amendment lowered the legal voting age to 18 years old
27th Amendment established pay raises for Congress.