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A New Plan of Government

A New Plan of Government. The Federal System. Main idea: The Constitution outlines the responsibilities and limits of the three branch of government . (Aka: plan for government)

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A New Plan of Government

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  1. A New Plan of Government

  2. The Federal System • Main idea: The Constitution outlines the responsibilities and limits of the three branch of government. (Aka: plan for government) • The Constitution created a system of government based on federalism, or sharing power between the federal (national) government & state governments

  3. The Federal System • The states gave up some power (which they did not want to do) they had under the Articles of Confederation. • The federal government gained broad powers… • To tax • Regulate trade • Control currency • Raise army • Declare war ^Powers the federal government did not have under the Articles of Confederation

  4. The Constitution and laws of Congress were to be the “supreme law of the land” • State laws and actions could not go against the Federal Laws • Federal courts would settle state disputes • The framers (not farmers) divided the federal government into three branches: • LEGISTLATIVE (LAW MAKING) • EXECUTIVE (ENFORCERS) • JUDICIAL (JUDGERS)

  5. Three Branches • The first three articles (or sections) of the Constitution explains the powers of each branch • Article I: Congress. Sets up the legislative branch. Law makers. • Congress has two houses“bi-cameral” Senate & House of Representatives • Congress has the power to collect taxes, coin money, regulate trade, declare war, and raise armies. • Makes law!

  6. Three Branches • Article II: Executive Branch • Responsible for Enforcing the laws, or carrying out the laws • Framers did not want to give all of the power to the executive branch, like in England w/the King, so they limited the power • Head of the executive branch=President • Pres. Is the commander in chief of the armed forces & conducts relations with foreign countries • Also Vice President and President’s cabinet of advisors

  7. Three Branches • Article III: Judicial Branch • Court system • The Supreme Court and lower federal courts rule on cases involving the Constitution, laws passed by Congress & disputes between states • 9 chief justices who all serve lifetime terms

  8. Checks and Balances • To keep any one branch from dominating the others (like the president becoming a crazy ass king) the Framers created a system of checks and balances. • In this system, each branch has roles that check, or limit , the power of the others. • Judicial branch can check up on what the legislative and executive branch. Legislative branch can check the judicial and executive. Executive can check the judicial and legislative.

  9. Review Questions (Qs) • What branch would be responsible for… • Declaring war-_____BRANCH • Making new laws-_______BRANch • Changing laws- • Interacting with other countries- • Making court decisions-

  10. The Debate Over Ratification • 9 states out of 13 were required to ratify (approve) the Constitution to put it into effect • State legislators held ratifying conventions to consider the document • People who supported Ratification were called FEDERALISTS

  11. Federalists • Federalist leaders: James Madison, Alexander Hamilton, an John Jay • Federalist Papers--They wrote a series of essays that explained and defended the Constitution • The essays appeared in popular newspapers

  12. Anti-federalists • Anti (NOT) into federal government • They did not want the new Constitution (opposed ratification) • Many believed that NO government could be trusted to protect individual freedoms. • Several states refused to ratify the Constitution without a Bill of Rights.

  13. Review… Federalist or Anti-federalist ???? • Supported new constitution- • James Madison- • Federalist papers- • Wanted Bill of Rights- • Did not like federal government- • Wanted strong federal government- • Feared disorder- • Feared kings-

  14. The Debate Continues… • The debate between FEDERALISTS (wanted strong federal gov.) and ANTI-FEDERALISTS (no federal gov., but states) centered on their different fears • Federalists feared disorder, like Shay’s Rebellion, without a strong central government • Anti-federalists feared government oppression (kings abusing power) more than disorder

  15. To gain approval, a promise was made to add a bill of rights to the constitution • The Bill of Rights would protect individual rights • They were happy with equal representation in the Senate • The 9th state ratified (approved) the constitution in 1788 • Two critical states –New York and Virginia—held out • Without their support, the future looked bleak for the new government (two large states that did not agree)

  16. Washington, Madison, and Randolph helped swing the vote in Virginia • Hamilton helped win approval in New York • The last state to approve=Rhode Island • Ratified in 1790 • The federalists promised to add a 10 amendments to the constitution that would protect individual rights after the federal government was in place

  17. Which would you choose? Do YOU think our government should… • Have a strong federal (national) government • Have a government with strong states’ rights • Have a government with shared power between states and national government

  18. The Federal System • The Constitution (or plan for government) created a system of government that divided power between the _ _ _ _ _ governments and the _ _ _ _ _ _ (national) government

  19. Do you remember what it is called when power is shared between the federal and state governments? FEDERALISM

  20. Also remember that under the Articles of Confederation (the first almost Constitution) the ______ government was weak FEDERAL • The federal government couldn’t tax, raise an army, settle disputes between states

  21. El SuUuUpremoo • The Constitution and the laws that Congress passed were to be THE SUPREME LAW OF THE LAND

  22. How did the framers (people who wrote the Constitution) decide they would organize the government? • Let’s break it up! Share the power! & Be sure to limit the probability of kings taking over • THREE BRANCHES = FIRST THREE ARTICLES • What is an Article? • Section of the Constitution

  23. Branches of Gov. defined in the first three sections of the Constitution • Legislative First Article • Executive Second Article • Judicial Third Article “LEG”

  24. Review… • In YOUR OWN WORDS write the meaning of… • Constitution • Preamble • Federalism • Branches of government

  25. Goals of the Constitution • SIX GOALS 1. To “form a more perfect Union” (the states needed to agree to function as a single country & cooperate 2. To “establish justice” (the gov. should treat each citizen equally. The constitution established a national court system to protect individual rights.

  26. 3. To “insure domestic Tranquility” (The constitution provides a strong central gov.to keep peace among the people) 4. To “provide for the common defense” (the federal gov. has the power to maintain armed forces to protect it’s citizens) 5. To “promote the general welfare” (the gov. can promote well-being by keeping order, protecting liberties, regulating commerce or trade, and granting patents to promote technology

  27. 6. To “secure the blessing of liberty to ourselves and our posterity” (basic rights may not be taken away from Americans now or from future generations)

  28. Questions • How many goals are there in the Const.? • What basic principle do you think the preambles words, “we the people” represent? • Which goal do you think is the most important? • Were these goals included in the Articles of Confederation?

  29. Chapter 4.1 Vocab Preamble-Introduction to the Constitution Popular Sovereignty-Authority of the people Republicanism-System in which the people choose their representatives in government Federalism-System in which the power to govern is shared between the national government and the states Enumerated Powers-Powers belonging only to the federal government Reserved Powers-Powers retained by state governments Concurrent Powers-Powers shared by the state and federal government

  30. Mo’ Vocab • Amendment-A Change to the Constitution • Implied Powers-Powers not specifically defined in the constitution • Judicial Review-The right of the Supreme Court to determine whether a law violates the Constitution

  31. Goals • As we discussed earlier, the Constitution has 6 goals outlined in the PREAMBLE. • These goals were all made in response to the problems the nation was facing under the Articles of Confederation and their experiences with England

  32. The Constitution has seven basic principles • Popular Sovereignty • Republicanism • Limited Government • Federalism • Separation of Powers • Checks and Balances • Individual rights

  33. A Living Constitution • The framers wrote the Constitution so that it could be altered or adapted to meet the changing needs

  34. Constitution is flexible, it allows the government to deal with matters it never anticipated • An amendment process was made to change the constitution • An amendment may be proposed in two ways • 1. 2/3 of both houses of Congress (Senate & House of reps) vote for the proposal • 2. 2/3 of the state legislatures ask Congress to call a constitution convention

  35. Ratifying (approving) an Amendment • Win the approval of 1.) ¾ state legislatures 2.) ¾ of special state constitutional conventions ¾ =75% that’s a lot and the process is long Why did the framers make it difficult to change the Constitution?

  36. THEY WANTED TO DISCOURAGE MINOR OR FREQUENT CHANGES!

  37. Bill of Rights • First ten amendments • Added to ensure personal freedoms/protect citizens • Created 1789, a year after the Constitution was ratified • Ratified (approved) 1791 • Approved 14 years after the Declaration of Independence • Took two years from creation to get it approved • Three years after the approval of the Constitution in 1788

  38. Review-- • Goals of the Constitution (outlined in the preamble) • List the seven principles of the Constitution • List the Branches of the government • Four words to define • Constitution • Amendment • Bill of Rights

  39. Looking back, looking ahead • You learned that separation of powers and checks and balances are important principles behind the Constitution • These principles are apparent in the organization of the federal government

  40. Constitution Scavenger Hunt…

  41. Legislative Branch POWERS • Makes the nation’s laws • Creates and carries out taxes • Declare war

  42. The House and Senate Today • Congress has two houses: • 1. House of Representatives • 2. Senate

  43. House of Representatives • 435 members voting members • 5 non-voting members (District of Colombia, Puerto Rico, Guam, America Samoa, & Virgin Islands • The number of representatives from each state is determined by the state’s population • “Lower House”

  44. Senate • 100 Senators • 2 from each state • “Upper State”

  45. Qualifications and terms • Qualifications: • House of Reps: 25 years old and citizen for 7 years • Senate: 30 years old and citizen for 9 years + resident of state they will represent • Terms: • House of Reps:2 years • Senate: 6 years

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