Instructional Focus Document Notes Grade 8/Social Studies

1. Instructional Focus Document NotesGrade 8/Social Studies UNIT: 05 TITLE: More Perfect Union Part 1: Principles of the Constitution

2. Constitution • After the Founding fathers had written the Constitution in 1787 at the Philadelphia Convention, there had been a division among many delegates as to how the new Constitution should operate. • Federalists wanted a loose interpretation of the Constitution • Anti-Federalists (Democratic Republicans) wanted a strict interpretation of the Constitution.

3. Constitution • There had already been a series of debates, issues, and compromises which had taken place during the Constitutional Convention including: • The Great Compromise • The 3/5 Compromise • Federalists vs. Anti-Federalists • The Federalist Papers • The Bill of Rights

4. Preamble to The U.S. Constitution (The purpose) • We the people of the United States 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.

5. The delegates at the Constitutional Convention had also made sure that the Constitution would answer and eliminate the grievances that had been listed in the Declaration of independence, such as:

6. Grievances in the Declaration Of Independence: Taxation without representation king has absolute power Colonists not allowed to speak out against the king Quartering Act forced colonists to house British soldiers Colonists homes could be searched without any kind of warrant Colonists were not allowed a trial with a jury of their peers Answered in the Constitution All states are represented in Congress Congress has the power to override a presidential veto 1st amendment-Freedom of speech 3rd amendment-No quartering of troops 4th amendment-No unwarranted search or seizure 6th amendment-Speedy and public trial, by an impartial jury. 7th amendment –Right to a trial by jury of peers. Answered Grievances

7. Principles of the Constitution • The Constitution was written with 7 principles. These are: • Limited Government- The Constitution and laws define the limits of those in power. Everyone including those with authority must obey the laws. Our government is restricted in what it may do. • Republicanism- This philosophy means a limited government with elected representatives who serve the will of the people. Our government is based on the consent of the governed.

8. Principles of the Constitution • Popular Sovereignty- This concept means that political power rests with the people of this country. We can create, alter, or abolish the government. We exercise this power by voting and participating in government. • Individual Rights- These are the rights protected with the Bill of Rights. (First 10 amendments to the U.S. Constitution) Added in 1791 the Bill of Rights included protection of free speech and press, freedom of religion, right to bear arms, and other personal rights. • Separation of Powers- This is the division of our Government into 3 branches. The Legislative branch, Executive branch, and Judicial branch.

9. Separation of powers • The Great Compromise also divided the Legislative branch into TWO houses. A House of Representatives based on population of a state, and The Senate where every state gets two senators.

10. Checks and Balances- This system does not allow any one branch of Government to have too much power. Each branch of government holds the other 2 in check, which keeps our government in balance.

11. Federalism • Federalism- The distribution of power in our country between the Federal Government and the Individual State Governments. There are some powers delegated ONLY to the Federal Government, and there are some powers delegated ONLY to State Governments

12. Federalism

13. Amendments • Our Constitution can be changed by adding amendments. After the Bill of Rights was added in 1791 (The first 10), our Constitution was amended 17 more times, for a total of 27 Amendments. • The process by which our constitution is amended involves the proposal for an amendment by Congress (both houses) with a 2/3 majority, or a proposal from 2/3 of the states. The Amendment then must be RATIFIED by ¾ of the state legislatures.

14. How a Bill becomes a Law-

15. Judicial Review • Judicial Review- This is the ability of the U.S. Supreme Court to interpret the Law. If the Supreme Court decides a law violates the Constitution, it can not go into effect, or if it is already in effect, the law would no longer be legal. This allows a balance between the 3 branches of government. This also allows the Supreme Court to determine the Constitutionality of laws made by Congress.

16. Marbury v. Madison • Judicial Review originated with the case of Marbury v. Madison. Chief Justice John Marshall who had been appointed by President John Adams presided over the case. John Marshall was a wise choice by Adams because of his ability to discuss issues logically and make well reasoned arguments.

17. Marbury v. Madison • Incoming President Thomas Jefferson had ordered James Madison not to deliver outgoing President John Adams’ last minute Judicial appointments. When William Marbury sued Madison for the delivery of his appointment, John Marshall and the Supreme Court decided that the law that had allowed William Marbury to sue was unconstitutional. The case of Marbury v. Madison established this precedent of Judicial Review. • Judges make decisions based on the rules set forth in the U.S. Constitution.