Do-Now Thursday, December 10 Agenda Amendments Review Do-Now Homework check Notes & discussion on the creation of the U. S. Constitution Homework Prepare for tomorrow’s Constitution game BRING YOUR BOOKS TO CLASS TOMORROW!!!
THE BILL OF RIGHTS 5. The 3 rd Amdmt says that there shall be no quartering of _____ in homes during peace. 1. Which says that you cannot be forced to testify against yourself? _____ 6. The 6 th Amdmt says that if you are accused of a crime, you have a right to a Trial _________. 2. The ____ Amendment guarantees Freedom of 7. Which Amendment says that there shall be “No cruel Religion, Speech, the Press, the Right of Assembly, and unusual punishment”? ____ and the Right to Petition the Government. 8. The 10 th Amendment says that rights not given to the Federal Government belong to the ______ and the _______. AMENDMENTS 11 -27 9. The 13 th Amendment Freed the ______. 10. The 14 th Amendment gave _________ to Freedmen (former slaves). 11. The 15 th Amendment gave Freedmen the Right to _____. 12. The 16 th Amendment made the ______ constitutional. 13. The 18 th Amendment made _______ illegal. 14. Which Amendment repealed the 18 th Amendment? ____ 15. The 22 nd Amendment limits the President to _____ terms. 16. Which gave Women the Right to Vote? ____ 17. Which Amendment said that there would be No Poll Tax (Tax on Voting)? ____ 3. The 2 nd Amendment guarantees the Right to 18. The 26 th Amendment gave 18 year olds the Right _______. to _____. 4. The ____ Amendment protects us from illegal search and seizure.
Creating the U. S. Constitution
Constitution & Bill of Rights Timeline Approximate Date & Event 1781 n Articles of Confederation ratified 1783 n Treaty of Paris officially ended Revolutionary War 1783 n Land Ordinance of 1784, (followed 1785 and 1787) provided for the orderly settlement of territories, civil rights, and statehood process. 1787 n Shays’ Rebellion in Massachusetts; n Constitutional Convention in Philadelphia 1788 n Constitution ratified by eleventh state 1789 n First national elections; George Washington elected President 1791 n Bill of Rights adopted
REVIEW: What effect did Shays’ Rebellion have on the Constitution?
REVIEW: What main issues divided the Constitutional Convention? ISSUE 1. Articles of Confederation 2. Representation ARGUMENTS - Revise or replace? 3. Type of Gov’t - Democracy? Republic? - By population? Equal by state? 4. Division of power - Federalist vs. Anti-Federalist 5. Slavery - Legal? Prohibited? Census?
REVIEW: Virginia Plan v. New Jersey Plan PLAN # of houses in legislature Virginia Plan 2 New Jersey Plan 1 2 bicameral unicameral bicameral How is representation determined State population Equal Upper house: all representation for states get equal OR each state representation; financial support Lower house: rep given to the central by state population government How are representatives chosen Lower house: elected by pop. vote Upper house: state legislatures nominate, then lower house votes Elected by state legislatures Lower house: Elected by pop. vote in states; Upper house: Representatives chosen by state legislatures
What was the Great (Connecticut) Compromise? Without compromise, you have conflict! n Roger Sherman, CT n Blend of NJ and VA plans – Bi-cameral (2 chamber) legislature – Chief executive (president) will be chosen by an electoral college instead of direct election n Made possible a strong central govt – Checks and balances
Why didn’t the Articles of Confederation include an executive or a judicial branch? Feared strong central government / monarchy - Solution: One branch (legislative) with limited powers - Sovereign states connected by a “rope of sand” What was gained by changing to a 3 -branch system of government? More power to enforce laws! Also CHECKS & BALANCES! Each branch has powers assigned which limit, or check the powers of another, creating a system of balance where none can become too powerful
Introduction to Checks and Balances in Federal Government The concept of checking and balancing power
JUDICIAL BRANCH The Supreme Court Building LEGISLATIVE BRANCH EXECUTIVE BRANCH The Capitol Building The White house
Executive Branch Checks the Legislative Branch – President can veto laws passed by the Congress – President proposes laws to Congress – President submits the Federal Budget to the House of Reps. for approval – President appoints federal officials, who carry out and enforce laws
Executive Branch Checks the Judicial Branch – Nominates judges to the Supreme Court – Nominates judges to the federal court system – President has the power to pardon individuals convicted of crimes – President can grant amnesty, forgiving a class of crime
Legislative Branch Checks on the Executive Branch – Congress can overturn a Presidential veto with a 2/3 vote of both houses – Senate can reject proposed treaties (2/3 vote to approve) – Senate can reject presidential nominations of federal officials or judges – Congress can impeach and remove the President (House serves as prosecution, Senate serves as jury)
Legislative Branch Checks on the Judicial Branch – Congress can create lower courts – Senate can reject nominees to the federal courts/Supreme Court – Congress can amend the Constitution to overturn decisions of the Supreme Court – Congress can impeach judges and remove from the bench
Judicial Branch Checks on the Executive Branch – Supreme Court can use the power of judicial review to rule laws unconstitutional n Coming Soon!!! Marbury v. Madison
Judicial Branch Checks on the Legislative Branch – Supreme Court can use the power of judicial review to rule presidential actions unconstitutional – Supreme Court can use the power of judicial review to rule treaties unconstitutional
So what’s the point!? !? n Why take all the trouble to create a complex system of “checks and balances”?
Did the Articles of Confederation have any success at all? Yes! n Northwest Ordinance n – An effective system for est. statehood from new territories What caused the delegates to question their new government and even their new independence? n Disagreements over government – Anti-federalists v. Federalists n Rebellions like Shays’ – – – Anarchy without a king! Failures of the Articles of Confederation Not enough federal powers over the people!
REVIEW: What was the Constitutional Convention? Meeting in Philadelphia, Independence Hall to address problems with the A. of C. n Took <4 months to write n – document in effect now for >200 yrs What does “E Pluribus Unum” mean? Latin for “Out of Many, One” n Purpose of a federal system of government n – like the one described in the Constitution!
The Seal of the United States
Why was James Madison the “Father of the Constitution”? n James Madison – – – Quiet, educated VA man History, government, philosophy, etc. First to the convention 3 months early carrying “blueprint” Est. gov’t to promote the good and restrict the bad in people What Purpose is stated in the preamble? Form a union to establish justice, peace, and protection n Promote the liberty and welfare of its citizens n
Agreements to be made… n The Great Compromise n The Three-Fifths Compromise – How will the power be divided!? – How will we determine representation!?
The United States Constitution September 17, 1787 – The convention approved the final draft Goals set in the preamble: We the people of the United States of America, in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
The story of American FEDERALISM REVIEW: After the failure of the Articles of Confederation delegates met at the Constitutional Convention to revise the articles. Instead they rewrote the entire government. Needed to strengthen the national government. – This was not without debate. Most recognized the need to strengthen the national government, but the question was how and how much? – Many feared that a strong central government would abuse it's powers as the King in England did. – Others felt the government needed to be strong in order to run the nation efficiently. In the end they developed a balanced system called Federalism.
The Delegates Create a Federal Government Federalism 1. A system of government that creates a central government and local state governments 2. The powers of the national and state governments are divided and balanced
How did the Federalist and Anti-Federalists differ in their opinions? Federalists - James Madison, Alexander Hamilton, John Jay - Favored ratification of constitution - Wanted strong but balanced federal govt. - Printed a series of articles in New York supporting ratification of the new Constitution that became known as the Federalist papers. new Constitution that became known as the Anti-federalists - Patrick Henry and Sam Adams, Thomas Jefferson - Feared strong central govt. - Supported states rights - Proof was lack of Bill of Rights Federalists won but had to promise a Bill of Rights would be their first order of business.
How the Powers are Divided Delegated Powers Reserved Powers National / Federal State Shared Declare war Establish peace Weights & measures Negotiate treaties Immigration /Naturalization Establish Post Offices Interstate Commerce Schooling / Education License professionals Health and safety Punish lawbreakers Charter businesses Marriage/Divorce laws Regulate intrastate trade Concurrent Powers Tax Establish courts
THE U. S. CONSTITUTION 1. The Constitution was written in ____ (year). 2. There were ____ (number) delegates at the Constitutional Convention. 3. The Constitution was written in ______ (city). 4. The _____ lists the GOALS of the Constitution. 5. The _______ branch MAKES Laws. 6. Representatives must be at least ____ years old, ____ years a U. S. Citizen, and Live in the ______ from which they are elected. 7. Representatives serve a ____ year term. 8. Representation in the House of Representatives is based on the ______ of the state. 9. The head of the House of Representatives is the __________. 10. Senators must be at least ____ years old, ____ years a U. S. Citizen, and live in the _____ from which they are elected. 11. Senators serve a ____ year term. 12. The Senate has ____ representation. (____Senators from each State. ) 13. The head of the Senate is the _______. 14. The Executive Branch ______ laws. 15. Presidents must be > ____ years old, a ____ U. S. Citizen, and have lived in the U. S. ____ years. 16. The President serves a ____ year term, and after the 22 nd Amendment, he can serve no more than ____ terms. 17. The Judicial Branch ______ laws. 18. Judges serve for _____ (how long? ). 19. Powers given to the Federal Government are called ______ powers. 20. Powers kept for the States are called ______ powers. 21. Powers that are shared by both the Federal & State Governments are called ________ powers. 22. Amendments are proposed by _______ and approved by _______. 23. Article VI of the Constitution says the Constitution is the ___________ (Higher than any law or person). 24. The Constitution was adopted when ____ of the 13 states approved it. 24. There have been ____ Amendments to the Constitution and the first ten amendments are
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