2/14/2009
What do you know?
US Constitution
2
1. Describe Shay’s rebellion and its significance to
American history?
1776-1789
2. What was the Great Compromise?
3. What is one way a constitutional amendment can
be ratified?
4. Why did the Antifederalists oppose the
Constitution?
First Governments: The British Colonies
First Governments: Declaring Independence
3
4
Age of “salutary neglect”
Self-government
No
taxation from the crown
Second Continental Congress (1776)
Create
Army w/ George Washington as leader
of Independence
Written by Thomas Jefferson
Influenced by the Locke
reasons for Americans separation
from England
Declares the rights of all men
Declaration
American Revolution
After
French & Indian War Parliament taxed
colonies
Stamp Act (1760s)
Fighting at Lexington & Concord (1775)
First Government: Articles of Confederation
Constitutional Convention, Philadelphia (1787)
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American victory at Yorktown (1781)
Articles of Confederation
Congress
could not tax
Each state: one vote
Kept power in the states
National government weak
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Delegates scrapped Articles of Confederation
Began drafting new constitution
The Framers:
George Washington
Benjamin Franklin
James Madison
Alexander Hamilton
Missing Founders
Many leaders of the Revolution were
missing from the convention including
Thomas Jefferson, John and Samuel
Adams and Patrick Henry.
Problems w/ the Articles
Shay’s
Rebellion (1786)
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Constitutional Convention cont’d
Major Compromises of the Convention
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8
Aims of the Framers
Stronger
national government
Enhance liberty
Prevent tyranny
Compromises
Issue
Compromise
Representation in the
national legislature
Great Compromise
Slavery
Three-Fifths Compromise
Presidential elections
Electoral College
Major Compromises of the Convention
1. Representation in national congress
Virginia Plan
representation based on population—large states win.
New Jersey Plan
equal representation for each state (all states had same
number of reps)—small states win.
Major Compromises of the Convention
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2. Slavery
10
3. Presidential elections
Southerners
wanted slaves to count for
representation.
Many No. delegates against slavery.
South almost left convention over slave issue.
How
should the president be elected?
Some favored
direct election by the people
“best men” selected for the office
Some wanted the
Electoral College: presidential voting
system made up of a body of electors in
each state.
Electors cast votes for the president
(number of electors per state depends on
number of congressmen).
The Electoral College was to safeguard
against unwise decisions of the masses.
Three-Fifths Compromise kept
the South at convention & allowed
them to count slaves as three-fifths
of a person for representation.
US Constitution
Major Compromises of the Convention
September 17, 1787
12
11
Electoral votes per State (2008)
Outline of the Constitution
Article
Focus
I
The Legislative Branch
II
The Executive Branch
III
The Judicial Branch
IV
The States & the People
V
Changing the Constitution (amendments)
VI
The Supremacy of the Constitution
VII
Ratifying the Constitution
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Federalism
US Constitution
13
What is it?
James Madison—“Father of the
o
Constitution”
spread
political power among several braches to
prevent tyranny
o
Division of power between federal, state & local
governments.
3 ways to organize power among national & state
governments: System Description
Examples
Unitary
Centralized power in the
national government—
states follow orders
Japan,
France,
Sweden
Federal
State & federal
government both have
real power—federal
government has final say
United States,
Australia,
India
Key features of the Constitution
Limits
on Power
Federalism
Confederal Nearly all power given to
states; national
government merely keeps
states together
CSA, UN, EU,
Articles of
Confederation
US Constitution
Checks & Balances among the branches
15
16
Key features cont’d
Limits on Power
Separation of Powers- each branch of the
government has specific outlined duties to ensure that
one branch doe not dominate.
Checks & Balances-power balanced between three
branches to prevent any branch from dominating
Congress writes
laws and can
override a
president’s veto. It
controls the money
and can impeach
the president.
CONGRESS
President can veto
bills passed by
Congress,
recommend laws
and enforces the
bills passed by
Congress.
PRESIDENT
Checks & Balances among the branches
Checks & Balances among the branches
17
18
CONGRESS
The courts have
assumed the
power to declare
laws
unconstitutional.
Congress confirms
judges and sets
their salaries.
JUDICIARY
PRESIDENT
Courts can
declare the
president’s
actions
unconstitutional.
President
appoints judges
to the federal
courts and can
pardon those
convicted by
them.
JUDICIARY
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US Constitution
Legislative Branch (Article I)
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Key Features cont’d
Limits
on Power
Bill
of Rights- first 10 amendments to the Constitution—
protects personal liberties from government.
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Legislative Branch (Congress)
Makes the laws of the land
1st: freedom of religion, press, assembly
2nd: right to bear arms
3rd: no troops in homes
4th: no unreasonable searches or arrests
5th: due process
6th: right to a speedy trial
7th: trial by a jury of peers
8th: no excessive bail or cruel punishment
9th: people have other rights not in constitution
10th: powers not given to federal government go to the states
Senate
House
of Representatives
Senate
Place for debate
Senators elected every six years (1/3 at a time)
Two senators per state
House of Representatives
“People’s House”
Reps elected every two years
Executive Branch (Article II)
Judicial Branch (Article III)
21
Executive Branch (President)
Five
powers of the president
policy
Command armed forces
Appoint federal judges and officials
Veto congressional bills
Grant clemency
(pardons)
Conduct foreign
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Judicial Branch (Supreme & Federal courts)
Constitution
says little about
court in the land
Head of the court: chief justice
Exercises judicial review
declares laws
unconstitutional
Highest
States & Individuals (Article IV)
Amendments (Article V)
23
States (federalism)
The
Constitution grants states specific powers
them a republican government
Federal government will protect
Allows
Individuals
Equal
privileges of all citizens
Extradition of criminals
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Changing the Constitution
Amendments
Two part process:
1. amendment proposed by 2/3 vote in Congress OR 2/3 vote in
state legislatures.
2. amendment must be ratified by ¾ of the state legislatures OR
by special ratifying conventions held in ¾ of the states.
First 10
Amendments called BILL of RIGHTS
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Ratification (Article VII)
Supremacy Clause (Article VI)
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Constitution is the “supreme Law if the
Land”
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Ratification
Framers
needed all states to agree
hotly debated from 1787-1789
Two camps: FEDERALISTS (pro-constitution)
vs.
(anti-constitution)
Federalists
Constitution
Trumps
all other laws
Oath required for government officers
No religious test oaths
Separation
of church and state
Wanted to strengthen government to promote stability
Federalist Papers
Antifederalists
Argued that Constitution took power away from states
(people)
Now what do you know?
27
1. Describe Shay’s rebellion and its significance to
American history?
2. Why did the Antifederalists oppose the
Constitution?
3. What was the Great Compromise?
4. What is one way a constitutional amendment can be
ratified?
5