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Early Documents that Influenced the Constitution. EQ: What were the early documents and their influence over the Constitution?. Preamble. Constitution combines Strength and Flexibility-why the Constitution is a lasting document Words were chosen very carefully
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Early Documents that Influenced the Constitution EQ: What were the early documents and their influence over the Constitution?
Preamble • Constitution combines Strength and Flexibility-why the Constitution is a lasting document • Words were chosen very carefully • Introduction of Constitution- the Preamble • tells the goals of the Constitution • “We the people”-1st 3 words • Power comes from ordinary Americans concept known a popular sovereignty: idea that government’s authority comes from the people • Constitution divided into articles to make it easier to understand by ordinary citizens
Preamble Review • What is the introduction to the Constitution called? • How did the delegates organize the Constitution so ordinary citizens could understand it? • Constitution is considered a living document because it combines what 2 things? • What are the 1st 3 words of the Constitution? • A phrase in the Preamble is “ensure domestic tranquility”, what does tranquility mean? • Why is September called Constitution month? • The delegates met at Independence Hall where they wrote the Constitution. Where is Independence Hall Located? • Define popular sovereignty. Who ruled America before the people?
Magna Carta • 1215: Required the King to obey the law and limited his power • Protected the English Citizens from the King from being above the law • Provided procedures for legal procedures for English citizens • Influenced the development of common law and the US Constitution
English Bill of Rights • 1689: Act of the Parliament of England • Stated rights that English citizens were entitled to • Right to petition • Right to bear arms • Required the Crown to get the consent of the people • First 8 Amendments to the US Constitution echo the contents of the 1689 Bill of Rights
The Mayflower Compact • 1620 • First Governing document of Plymouth Colony • Drafted by Pilgrims who were aboard the Mayflower seeking religious freedom • Signed by 41 men • The Compact was based upon a majoritarian model and the settlers’ allegiance to the king-SOCIAL CONTRACT in which rules had to be followed for survival.
Virginia Statue for Religious Freedom • Written in 1779 by Thomas Jefferson • 793 Word statute is divided into 3 parts • Part 1 argues that the concept of a required religion is wrong b/c • God has made the mind free and nothing should be imposed • God never forced people to follow him • Making people follow a religion they don’t believe is tyranny • Civil rights do not depend on religious beliefs • Bill made on 1786 • Influenced 1st Amendment of US Constitution and the idea of separation of Church and State (8.2.5 Understand the significance of Jefferson's Statute for Religious Freedom as a forerunner of the First Amendment and the origins, purpose, and differing views of the founding fathers on the issue of the separation of church and state)
John Locke • English philosopher connected to Social Contract theory • explains the appropriate relationship between individuals and their governments • Two treatise of government • Argued that all men are created equal in the state of nature by God • Influence is reflected in the D.O.I and US Constitution
Constitution a More Perfect Union EQ: How has the Constitution created a more perfect Union and combined strength and flexibility
Legislative Branch • Makes laws!!!! • Est. in Article I of the Constitution • Bicameral 2 Houses • House of Reps: rep. based on state population • Senate: 2 senators/state • What compromise created this bicameral legislature? • Members of Congress are elected by a direct vote of the people • Senate viewed as a representative of the states • House viewed as representative of the people • Congress has the power to impeach • Impeach means Accuse a person of a crime to have him or her lose their job
Legislative Branch • Also responsible for • Deciding how to spend money raised by taxes • Raising an army/navy • Declaring war • Paying debts • Granting citizenship • Establishes federal courts
Legislative Branch • Power of Impeachment • Congress can remove President or other officials if they commit crimes related to their job • House of Representatives votes to impeach • If H.O.R. votes yes, President goes on trial in front of a jury of Senators • Senate decides if he is guilty and should be removed from office
Executive Branch • Enforces/Carry out the law!!!! • Est. in Article II of the Constitution • Delegates feared one person having too much power • System of Checks and balances • President: Leader of the country • VP: President of the Senate becomes Pres. If President is unable to serve • Cabinet members: Advise President on policy issues
Judicial Branch • Interprets the law!!! • Est. in Article III of the Constitution • Supreme Court highest court of the land • There are lower federal courts, but they were not created in the constitution • A court’s authority to decide the constitutionality is called judicial review • Decide arguments about he meanings of laws, how they are applied, and if they break the rules of the constitution
How a Bill becomes a Law!! • Primary Job of congress is to make laws • Any member of the House or Senate can propose a new law called a BILL!!! • Only the House can propose new taxes • 1st step is bill is assigned to a committee • If majority in one house votes in favor of the bill it is sent to the other house for debate • If both houses approve the bill it is sent to the President-a bill becomes a law if the President signs it • The President can veto (reject) and proposed law • Congress can override the veto, which means passing the bill over the President’s objection (requires 2/3 majority in both houses)
Checks and Balances between the Branches • Framers concerned about one branch having too much power and the balance b/w government and individual freedoms!!! • Reason they created 3 branches • System where each branch can limit the powers of the other two is called checks and balances • Checks block actions of another branch • Ex. President veto a law, Congress can override veto by 2/3 vote • Balances allow each branch to have some role in the other 2 branches • Ex. Judges, cabinet members, ambassadors appointed by the President and senate approves the nominations • Checks and Balances keep any one branch from being too strong
Amendment Process • Framers knew the Constitution would need to be changed over time!!! • Jefferson said “the earth belongs to the living and not to the dead” • Needed the Constitution to have a lasting framework!! (Flexibility) • Article V-Changing the Constitution changes are called AMENDMENTS • Amendments can be proposed 2 ways • Congress can propose an amendment by at least 2/3 vote of each house • National Convention called by Congress at the request of at least 2/3 state legislatures
Proposing an Amendment • Congress or the State Legislatures may propose an Amendment (national or states) to start the process • Proposal1st step • An amendment must be ratified (approved) • 2 ways to ratify • Can be approved by ¾ of state legislatures • Can be approved by special conventions in at least ¾ of states • Once an amendment is approved it becomes a part of the constitution
Amendments so far • People have suggested over 10,000 amendments • ONLY 27 Amendments have been approved • 1st 10 were added almost immediately after the Constitution was ratified Bill of Rights • Guarantee specific rights to people • 17 others have been added over time • Some changed the way officials were elected • 13th made slavery illegal • 19th gave women the rights to vote • 26th gave 18 year olds the right to vote
Federal System • Wanted a strong national government while also wanting states to keep significant powers • Created a federal system power shared b/w nat’l and state govt’s • Powers belonging to the national government • Declare war and make treaties • Print and coin money • Regulate commerce (Article I)-regulate interstate commerce US became a free trade zone • Created a common market which allowed goods to move easily, made it possible to create large businesses, created a single Nat'l economy
Federal System • Powers belonging to the states • Constitution does not spell out specific powers of the states gives states ability to keep powers that are not given to the Nat'l gov’t • State makes laws in the areas of life • Schools, marriages, est. local gov’t, licensing, most crimes • Constitution outlines responsibilities of states to one another (article V)-Each state must give “full Faith and Credit” • Meaning accepting other states laws and court decisions as legal (ex. A driver’s license in legal in another state) • States also must help each other track down criminals
Federal System • Shared Powers • Fed. and state gov’t share powers both can collect taxes, build roads, borrow $, and regulate edu. • Constitution only provides a framework for sharing powers framers could not spell out every situation • Law of the Land!!! • Article VI states the Constitution and laws flowing from it are the supreme law of the land!! • State’s constitutions, laws, and judicial decisions must agree w/ the Constitution • Anyone elected to state or federal office must support the Constitution
Popular Participation in Gov’t • Constitution is based on the will of the people • People expected to take part in their gov’t • Majority rule-basic principle of democracy that says laws are passed by a majority vote and elections are decided by a majority of voters • Elections serve the vital function of expressing the will of the people • It is through elections people have a say in what their gov’t does • Who are the “people”Popular participation has evolved • Political Parties were not mentioned in the Constitution • Interest groups: organization that actively promotes view on public issues in order to influence policy