Unit 1Unit 1Philosophical & Historical Philosophical & Historical Origins of the Constitution Origins of the Constitution

& Government& Government

What are some democratic What are some democratic ideals/ ideals/

American Rights?American Rights?• EqualityEquality• Elections & VotingElections & Voting• No cruel & unusual punishmentNo cruel & unusual punishment• Court system & lawsCourt system & laws• Free Speech, Religion, & PressFree Speech, Religion, & Press• Life, Liberty, & Pursuit of Life, Liberty, & Pursuit of

happinesshappiness• Trial by JuryTrial by Jury• Limited governmentLimited government• Private PropertyPrivate Property• Rights to bear armsRights to bear arms• Separations of PowersSeparations of Powers

Documents that have helped limit Documents that have helped limit governmentgovernment

Magna Carta helped begin the formation of the

idea of equality

The English Bill of Rights helped form the ideas of:

jury trials, elections, agovernment legislature &

no cruel & unusual punishment

Documents that have helped limit Documents that have helped limit governmentgovernment

Common Law has helped setup standards for laws

& punishments, because of its basis of precedent

Mayflower Compact helped form the idea of a direct

democracy & majority rules

Founding documents that have Founding documents that have helped US form the Constitutionhelped US form the Constitution

Articles of Confederation assisted in setting-up a governmental legislature

with powers & limitations

The Declaration of Independence helped define what a government

should protect & serve, that a government is based on the people’s

consent, that the people have the right to overthrow the

government, & list the abuses of governments.

Founding documents that Founding documents that have helped US form the have helped US form the ConstitutionConstitution

• Thomas Paine’s Thomas Paine’s Pamphlet “Pamphlet “Common Common Sense”, Sense”, which which explained the explained the reasoning behind reasoning behind the American the American Revolution and help Revolution and help form ideas of a form ideas of a future governmentfuture government

Events that have helped form Events that have helped form Government, Constitution and Government, Constitution and American RevolutionAmerican Revolution

Great Awakening helped spark democratic ideas of free press and religion.

How the American How the American Revolution helped form the Revolution helped form the ConstitutionConstitution

• The The Continental Continental Congress Congress meets meets to demand rights to demand rights and later signs and later signs for independencefor independence– ““no taxation no taxation

without without representation”representation”

How the American How the American Revolution helped form the Revolution helped form the Constitution?Constitution?

• Taxes/ ActsTaxes/ Acts– Stamp ActStamp Act– Declaratory ActDeclaratory Act– Townsend ActTownsend Act– Tea ActTea Act

•Which brought Which brought about the Boston about the Boston Tea PartyTea Party

– Intolerable ActsIntolerable Acts

Philosophers & their Ideas that Philosophers & their Ideas that shaped US democratic ideasshaped US democratic ideas

John Locke set-up the idea

of natural rights, & the people give the

government the power to protect

those rights.

Jean-Jacques Rousseau created idea of social contracts & the legalization of

Revolutions.

Philosophers & their Ideas that Philosophers & their Ideas that shaped US democratic ideasshaped US democratic ideas

Baron de Montesquieu formed the belief of separation of powers

Francois-Marie Arouet Voltairepresented the notion of

free speech & press

Philosophers & Philosophers & their their Ideas that shaped Ideas that shaped US democratic US democratic ideasideas

Thomas Jefferson designed the concept of

Unalienable rights, justification for

the replacement government, Separation of powers,

& checks & balance system

Plans/ Compromises that lead Plans/ Compromises that lead to the creation of the to the creation of the ConstitutionConstitution

Virginia PlanA. 3 branches

B. 2 house congress.C. Representatives in

congress is based on state’s population

New Jersey Plan A. 3 branches of

government B. 1 house congressC. equal representation

& equal votes.

Plans/ Compromises that lead Plans/ Compromises that lead to the creation of the to the creation of the ConstitutionConstitution

Connecticut Compromise/ Great Compromise

A. 3 branch governmentB. 2 house Congress

C. Senate equal representation

for each state & the House of Representativesis based on population

Plans/ Compromises that lead Plans/ Compromises that lead to the creation of the to the creation of the ConstitutionConstitution

Three-Fifths Compromise states slaves count as three-fifths of a person

Slave Trade Compromise statedthat Congress cannot

tax exports, nor interfere with the slave trade

Commerce Compromise States Congress regulate

trade between states & other countries

Plans/ Compromises that lead Plans/ Compromises that lead to the creation of the to the creation of the ConstitutionConstitution

Election Compromisewill form the

Electoral College & the electors will be

chosen by the voters.

Constitution Set-UpConstitution Set-Up• PreamblePreamble

– States the goals of the States the goals of the peoplepeople

• Article IArticle I– Describes the set-up, Describes the set-up,

powers, & limitations of powers, & limitations of the legislative branchthe legislative branch

• Article IIArticle II– Describes the set-up, Describes the set-up,

powers, & limitations of powers, & limitations of the executive branchthe executive branch

• Article IIIArticle III– Describes the set-up, Describes the set-up,

powers, & limitations of powers, & limitations of the judicial branchthe judicial branch

Constitution Set-UpConstitution Set-Up

• Articles IVArticles IV– All states must respect each others laws, court All states must respect each others laws, court

decisions, & records.decisions, & records.– Creates new states, & protects & defends Creates new states, & protects & defends

current statescurrent states

• Articles VArticles V– Specifies how amendments are createdSpecifies how amendments are created

• Article VIArticle VI– Constitution “Supreme Law of Land”Constitution “Supreme Law of Land”

• Article VIIArticle VII– States Constitution will go into effect after 9 States Constitution will go into effect after 9

states ratify it.states ratify it.

Basic Principles of the Basic Principles of the ConstitutionConstitution

Consent of the

Governed

Rule of Law

Popular Sovereigntywill backs up the Republic

Basic Principles of the Basic Principles of the ConstitutionConstitution

Separations of Power will form 3 branches of Government (legislative,

executive, & judicial) to protect

the people & their rights

Checks & Balances will limit the abuse of powers

by Vetos, Block appointments & treaties, control spending,

Impeachments, Override, & nullify laws

Basic Principles of the Basic Principles of the ConstitutionConstitution

Federalism will be assisted through

3 types of powers: 1. Enumerated Powers which

Controls immigration, maintains army,

& establishes postal system2. Reserved Powers thatRegulate trade, schools,

marriage, & divorce. 3. Concurrent Powers that

Handles Taxes, borrows money, set-up courts & prisons

Basic Principles ofBasic Principles of the Constitution the Constitution

Judicial Review Limited Government

Due Process will guarantee our natural rights

& make sure laws are reasonable