Objectives #1 - #3

1. Objectives #1 - #3 • Students will be able to identify the origins of US Government. • Students will be able to identify the structure and powers of government provided by the US Constitution. • Students will be able to identify the Rights given to American citizens in the Bill of Rights.

2. Warm Up 1. What movement spreading rapidly throughout the world (especially Europe) in the 1700s influenced the Declaration of Independence? 2. Why was Great Britain considered to be a tyrant by the colonists? 3. What is the Social Contract? What thinkers championed the term?

3. Americans win independence I. Americans win independence a. 1776 Declaration of Independence • Jefferson main author used Enlightened Ideas (Preamble: Gov’t. power is derived from people)

5. Preamble to Declaration of Independence • We hold these truths to be self-evident, that all men are created equal, that they are endowed, by their Creator, with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or abolish it, and to institute new Government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

6. Influence of Enlightened Ideas Thomas Paine – Common Sense • Britain was a tyrant who had broken social contract • The Social Contract • Written by Rousseau, popularized by Hobbes and Locke • Colonists had committed treason in eyes of king b. Despite being outnumbered and outgunned colonists win revolutionary war.

8. Social Contract • Jean Jacques Rousseau • Describes the relationship of man with society. • The state of nature is a brutish condition without law or morality, and that there are good men only as a result of society's presence. • Because he can be more successful facing threats by joining with other men, he joins together with his fellow men to form a "society." • "The Social Contract" is the agreement among men that sets the conditions for membership in society.

9. Jean Jacques Rousseau

10. Social Contract • John Locke • Government’s main purpose is to carry out the will of its people and protect their natural rights • Any government which does not do this is therefore not legitimate • And the people have the right to revolt and change it • Greatly influenced Thomas Jefferson and Declaration of Independence

11. John Locke

12. John Locke Quotes • “The end of law is not to abolish or restrain, but to preserve and enlarge freedom. For in all the states of created beings capable of law, where there is no law, there is no freedom. “ • “The reason why men enter into society is the preservation of their property. “

13. A CRITICAL PERIOD • JUST AFTER THE REVOLUTION • AMERICAN REVOLUTION BASICALLY ENDS WITH LORD CORNWALLIS’ SURRENDER AT YORKTOWN OCT. 1781 • Continental Congress Forms During War • Articles of Confederation (Nov. 15, 1777)

14. ARTICLES OF CONFEDERATION Creates only a legislative branch of government No judicial, no executive branches or powers • STRENGTHS- Provides for the settlement of the west (Land Ordinance of 1785 and Northwest Ordinance of 1787) • WEAKNESSES- no tax, weak defense, no power to regulate trade between states, 1 vote per state (9-13 to pass laws), no executive or judicial branch

15. America’s New Government Concept: Our founding fathers created a “weak” government under the Articles of Confed. First constitution of US = Created a weak national government that loosely connected the states into a union. Why would they do this? Do you think a weaker federal government (in terms of power) is a positive or negative? Explain why.

16. Articles of Confederation • No executive or judicial branches created. (John Hanson first Pres.) • Only Congress is created, each state had 1 vote in congress regardless of population. • could declare war = but no army without states • Could enter into treaties, and coin money = but so could states • no power to tax or regulate trade without consent of states • 9 out of 13 votes needed to pass anything – difficult • 13 out of 13 to amend – nearly impossible

17. John Hanson – First President of the United States?

18. Shay’s Rebellion • Shay’s Rebellion prompts need for stronger national government • Farmer’s rebelled against Mass. State Gov’t. Over huge debt, heavy taxes, & foreclosures • Federal Gov.t could not act, MA Gov.t needed help • Shay’s forces attack the Springfield federal armory (rifles) • Eventually rebellion was put down by Boston & Springfield Militia • 1,000 arrested

19. Shays and dozens of others would be condemned to death. • He was later pardoned in 1788. • How could this event prompt the need for a stronger government?

20. Shay’s Rebellion

21. Problems that led to Shays Rebellion • States taxed each others goods or even banned trade (like a tariff) • States printed their own money (often without anything backing it). • Economic chaos – prices soared, sound credit vanished, debt rose – public and private both went unpaid. • Violence broke out all over, not just MA. • Demand for stronger national government to solve problems rose.

22. PHILADELPHIA CONVENTION • “Framers” of the US Constitution • 55 MEN • WHITE • EDUCATED • PHILADELPHIA • MEET ON MAY 25, 1787 • EACH ARRIVED WITH GOALS AND RESPONSIBILITY TO SATISFY THE PEOPLE BACK HOME.

23. METHOD OF DECISION MAKING • ALL WAS TO BE DONE IN SECRET • DISCUSSION, COMPROMISE, CONSENSUS • CONSENSUS – 100% AGREEMENT • WHAT ARE THE POSITIVES AND NEGATIVES RELATED TO THIS TYPE OF DECISION-MAKING?

24. GREAT DEBATES • WHO WOULD HAVE POWER? • CENTRAL or LOCAL? • FEDERALISM (Division of Power) • Representation; BIG STATES or SMALL STATES? • BICAMERAL LEGISLATURE (Senate/House) • WITHIN THE FEDERAL GOVERNMENT? • SEP. OF POWERS/ CHECKS & BALANCES • PEOPLE AND THE GOVERNMENT? • BILL OF RIGHTS/AMENDMENTS

25. The Philadelphia Convention I. The Constitutional Convention Creates a new Constitution a. Great Compromise – two house legislature created (Bicameral) • Upper house all state equal representation • Lower house based on population of state b. Three Fifths Compromise • In response to southern slave population

26. Federalism c. Separation of Powers • Distrust for powerful central government • Legislative, executive, and judicial • Checks and balances • Division of federal and state governments • Powers Granted – Example of Federalism • Bill of rights • To protect rights of citizens; majority rule vs. minority rights • 10 Amendments d. Government based on law not royal power or divine right. Religion never even mentioned. God, but no specific religion.

27. Define • FEDERALISM- • a system of government that shares power between a central government and local governments. • BICAMERAL LEGISLATURE- • a 2 house legislature. • SEPERATION OF POWER- • The 3 functions of government are each the responsibility of a different branch • LIMITED GOVERNMENT- • The government is restricted in what it can do, by the will of the people.

28. US Constitution • 7 Articles, 27 Amendments • Worlds Oldest and shortest Constitution • Article I – Powers of Congress • Article II – Powers of President • Article III – Judicial Powers • Article IV – Relationships among states • Article V – Adding an Amendment • Article VI – Public debts, supremacy of national government over state and local, oaths of office • Article VII – Provisions for ratification of Constitution

29. RATIFICATION • RATIFY TO FORMALLY APROVE A DOCUMENT. • GREAT DEBATES FINALLY COME TO CONCLUSIONS • BICAMERAL LEGISLATURE A GREAT EXAMPLE OF WHY SOME CALL THE CONSTITUTION… “A BUNDLE OF COMPROMISES”.

30. EFFECTS OF RATIFICATION • LED TO THE EMERGENCE OF POLITICAL PARTIES • THE FEDERALISTS – G. WASHINGTON, A. HAMILTON, J. ADAMS, J. MADISON. Those that favored ratification. Supported strong central government. • Stressed weakness of Articles of Confed. • THE ANTI- FEDERALISTS – T. JEFFERSON, P. HENRY, J. HANCOCK, S. ADAMS Those who opposed ratification. • Stressed concern over increased power of government and lack of Bill of rights. • “I look upon that paper as the most fatal plan that could possibly be conceived to enslave a free people” – Patrick Henry • SENT TO THE STATES FOR APPROVAL.

31. FEDERALIST PAPERS • LOGICAL ARGUMENTS WERE MADE • WHY A NEW GOVERNMENT WAS NEEDED • DESCRIBE THE STRUCTURE THEY DEVELOPED • WHY THE PEOPLE SHOULD RATIFY • MAIN AUTHORSALEXANDER HAMILTON, JAMES MADISON, JOHN JAY

32. RATIFICATION • THE FINAL GREAT DEBATE • PROTECTION FROM A TOO POWERFULL GOVERNMENT • WHAT IS USED TODAY AS THE ULTIMATE PROTECTION FOR PEOPLE, OFTEN PEOPLE IN A MINORITY? • THE BILL OF RIGHTS

33. Quotes • "A bill of rights is what the people are entitled to against every government on earth, general or particular; and what no just government should refuse, or rest on inferences." --Thomas Jefferson “The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government — lest it come to dominate our lives and interests”.– PATRICK HENRY

34. Ratification • Constitution not officially ratified until Juneof 1788. • Should have been after New Hampshire became the 9th state to ratify • New York and Virginia were missing – Key States • These states would ratify in June and July • New York becomes the Capital (temporary) • With 11 of 13 the constitution goes into effect and Washington becomes our first President in April of 1789 • North Carolina and Rhode Island still not “on board” but would eventually ratify.

35. CONSTITUTION • OFFICIALLY RATIFIED –Adopted Sept 1787, ratified June 1788 (Huge Debates over it during this period of time). Federalists v Anti-Federalists • NEW CONGRESS MEETS MARCH 4, 1789 • New York City, to decide on presidency • NEW PRESIDENT APRIL 6, 1789 • Washington sworn in April 30th • All 69 electors vote him in • John Adams is runner = VP

36. The Constitution was written with 6 Basic principles and the founding fathers were quite proud.

37. Thomas Jefferson • “These principles form the bright constellation which has gone before us and guided our steps through an age of Revolution and Reformation”.

38. 6 BASIC PRINCIPLES OF AMERICAN GOVERNMENT • Popular Sovereignty • Limited Government • Separation of Powers • Checks and Balances • Judicial Review • Federalism

39. Popular Sovereignty • In our democracy, people are the only source of power. The power of the government comes form the consent of the people. • It’s in the Preamble

40. 2. Limited Government The government may only do what the people have given it power to do. Where do the ideas of Popular Sovereignty and Limited Government come from? Social Contract

41. 3. Separation of Powers As stated in the 47th Federalist paper, power held in many hands is less likely to be corrupted. Who came up with this concept?

42. 4. Checks and Balances The 3 branches are not truly separate as each has power over the other. Write down an example of checks and balances in our government. Look at page 68

43. 5. Judicial Review The power of the court to judge if the action of the government follows the principles of the constitution. Judicial Review Is a government action unconstitutional?

44. Constitutionalism • Government must be conducted according to constitutional principles • Rule of Law – • Government and its officers are always subject to – never above – the law.

45. Marbury vs. Madison 1803 • Jefferson wins the election of 1800 and Democratic-Republicans (one political party) controlled both houses of Congress • The outgoing Federalists tried to “pack” the courts/judiciary with party members the night before leaving office (Adams) • William Marbury appointed justice of the peace in Wash, DC March 3, 1801. • The next day March 4, 1801 Jefferson become president and tells Sec. of State James Madison to not allow “midnight justices” appointments to go through

46. Marbury vs. Madison • Marbury goes to the Supreme Court seeking a writ of mandamus (force Jefferson to allow appointments) • Chief Justice John Marshall refused Marbury’s request • Marbury’s request was in ruled to be unconstitutional • Supreme Court has right to declare acts of Congress unconstitutional

47. 6. Federalism The national government holds some power and the 50 state hold the rest of the power. Why Federalism?

48. AMENDMENTS FORMAL ADDITIONS Which Article sets up the Amendment process? Article V 27 TOTAL 1-10 –BILL OF RIGHTS 13-15 – SETTLE THE SLAVE ISSUE

49. FORMAL AMENDMENT PROCESS • METHOD 1 – 2/3 VOTE IN EACH HOUSE AND RATIFIED BY ¾ OF THE STATE LEGISLATURES. • 38 States Leg., 26 of 27 Amendments this way • METHOD 2 – 2/3 VOTE IN EACH HOUSE AND RATIFIED BY ¾ OF STATE CONVENTIONS • Only the 21st Amendment • METHOD 3 - PROPOSED BY NATIONAL CONVENTION AND RATIFIED BY ¾ OF STATE LEGISLATURES • METHOD 4 - PROPOSED BY NATIONAL CONVENTIONS AND RATIFIED BY ¾ OF STATE CONVENTIONS. • This is how the Constitution itself was ratified

50. AMENDMENTSSEVERAL EXPANDED OR CLARIFIED THE RIGHT TO VOTE.19TH-WOMEN’S SUFFERAGE,- 192022ND-PRESIDENT’S TERM LIMITED -,195123RD-WASH. DC ELECTORS,-196125TH-PRESIDENTIAL SUCCESSION,-196726TH-18 YEAR OLD VOTE, -197127TH- CONGRESSIONAL PAY,-1992