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THE CONSTITUTION

THE CONSTITUTION. Constitutional Convention Federalists Anti-Federalists Preamble & Goals of the Constitution Structure of the Constitution Article I – The Legislative Branch Article II – The Executive Branch Article III – The Judicial Branch Article IV – Relations Among the States

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THE CONSTITUTION

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  1. THE CONSTITUTION • Constitutional Convention • Federalists • Anti-Federalists • Preamble & Goals of the Constitution • Structure of the Constitution • Article I – The Legislative Branch • Article II – The Executive Branch • Article III – The Judicial Branch • Article IV – Relations Among the States • Article V – Amendments • Article VI – Supremacy of National Law • Article VII – Ratification • Principles of the Constitution • The Bill of Rights • Amendments 11-19 • Amendments 20-27

  2. Constitutional Convention VIRGINIA PLAN • 3 Separate Branches (legislative will elect other 2) • Bicameral Legislature (based on population & $ contributions) • Authority to cancel conflicting state laws NEW JERSEY PLAN • Unicameral Legislature (1 vote) • Plural Executive – selected by Congress • Supreme Court – appointed for life by the executive GREAT COMPROMISE (AKA – Sherman or Connecticut) Compromise) 1) Congress – Bicameral • House of Representatives – based on population, directly elected by the people • Senate – 2 Representatives per state – chosen by state legislatures 2) 3/5 Compromise – Every 5 Slaves would count as 3 persons for population & taxing 3) Economics • President enters into treaties • Slave trade not prohibited (20 years) • Congress cannot tax exports • Treaties – 2/3 Senate approval

  3. FEDERALISTSPeople who supported the Ratification (Approval) of the Constitution Alexander Hamilton, James Madison, John Jay • Wrote acollection of essays in support of the new Constitution. • The purpose of the essays was to show how the new Constitution would solve many of the problems that existed under the Articles of Confederation. • Three men combined to write 85 of the essays.

  4. ANTI-FEDERALISTSPeople who opposed the ratification of the new Constitution. • Criticized the adoption of the Constitution of 1787. • Opposition to slavery – continue to exist under the new Constitution. • States would lose power under the Constitution. • Federal Government would be too powerful. People still fear a strong central government. • #1 opposition – NO BILL of RIGHTS! • Anti-Federalists (Patrick Henry, Samuel Adams, John Hancock, Richard Henry Lee, George Mason)

  5. THE CONSTITUTION PREAMBLE A preamble is an introduction. The introduction to the Constitution lists the goals of the Constitution. The goals of the Constitution refer to problems under the Articles of Confederation. GOALS OF THE CONSTITUTION Form a More Perfect Union Establish Justice Insure Domestic Tranquility Provide for the Common Defense Promote the General Welfare Secure the Blessings of Liberty to Ourselves and Our Posterity

  6. STRUCTURE OF THE CONSTITUTION 7 ARTICLES OF THE CONSTITUTION Article I Legislative Branch Article II Executive Branch Article III Judicial Branch Article IV States and the Federal Government Article V Amendment Process Article VI Supremacy of National Law Article VII Ratification

  7. ARTICLE I: LEGISLATIVE BRANCHCONGRESS (BICAMERAL) – PURPOSE = MAKE LAWS HOUSE OF REPRESENTATIVES • Based on State Population • Directly Elected by People SENATE • 2 Per State • Originally selected by State Legislatures • Today Directly Elected • POWERS DENIED CONGRESS • Suspend Writ of Habeas Corpus • Pass Bills of Attainder • Ex Post Facto Law • Tax Exports MAJOR POWERS OF CONGRESS • Tax • Declare War • Raise/Maintain and Army • Regulate Interstate Trade • Tax Imports • Create Postal System • Coin Money • Create Lower Federal Courts

  8. ARTICLE II: EXECUTIVE BRANCHPRESIDENT: PURPOSE – ENFORCE THE LAW ROLES OF THE PRESIDENT • Chief Executive • Commander-in-Chief • Legislative Leader • Judicial Leader • Chief of State • Foreign Policy Maker POWERS OF THE PRESIDENT • Enforce laws passed by Congress • Send troops into battle • Enter into Treaties • Appoint Federal Judges • Appoint Ambassadors • Grant Pardons - Reprieves

  9. ARTICLE III: JUDICIAL BRANCHSUPREME COURT – PURPOSE – INTERPRET THE LAW SUPREME COURT • 9 Justices – Appointed by the President • Justices serve life terms. • Supreme Court oversees actions of Congress and the President. Court uses the Constitution to make sure government actions are Constitutional.

  10. ARTICLE IV: RELATIONS AMONG THE STATESThis article establishes what the states agree to do for one another, and what the federal government will provide to each state. STATE to STATE • Respect laws, contracts, etc.. • Extradition – send criminal to stand trial in other states. FEDERAL to STATE • Rules for admitting new states to the Union • Republican form of Government • Protect against invasion

  11. ARTICLE V: AMENDMENTSPROCESS BY WHICH CHANGES CAN BE MADE TO THE CONSTITUTION PROPOSAL • Amendments to the Constitution must be approved by 2/3 of both houses of Congress to be proposed (or) • 2/3 of the states call for a national convention for the proposal of an amendment RATIFICATION • Amendments must be ratified by ¾ of the State Legislatures

  12. ARTICLE VI: SUPREMACY OF NATIONAL LAW • All debts contracted under the Articles of Confederation will be honored by US Government • US Constitution, Federal Law, and Treaties are the Supreme Law of the Land (Supremacy Clause) • All Federal Public Officials will take an oath to protect and support the Constitution >

  13. ARTICLE VII: RATIFICATION • For the Constitution to go into effect, it had to be ratified, approved by 9 of 13 states. RATIFICATION 9 of 13 STATES

  14. Principles of the Constitution • These are major concepts embedded in the Constitution. Each of these concepts are important ideas that deal with limiting the power of government, and ensuring that the people retain power and rights. • Popular Sovereignty – The people rule. • Limited Government – The people retain certain rights that cannot be denied by the government. • Federalism – The states and the federal government share power. • Separation of Power – 3 Branches + Checks & Balances.

  15. The Bill of Rights • Amendment 1 – Freedom of Speech, Press, Religion, Press, & Assembly • Amendment 2 – Right to Bear Arms • Amendment 3 – Quartering of Soldiers • Amendment 4 – Search & Seizure • Amendment 5 – Rights of the Accused • Amendment 6 – Requirements for a Jury Trial • Amendment 7 – Rules of Common Law • Amendment 8 – Limits on Criminal Punishment • Amendment 9 – Rights Kept by the People • Amendment 10 – Powers of the States and the People

  16. Amendments 11-19 • Amendment 11 – Suits Against States • Amendment 12 – Presidential Election Method • Amendment 13 – Slavery Abolished • Amendment 14 – Civil Rights Guaranteed • Amendment 15 – Black voting Rights • Amendment 16 – Income Tax • Amendment 17 – Direct Election of Senators • Amendment 18 – Prohibition • Amendment 19 – Women’s Voting Rights

  17. Amendments 20-27 • Amendment 20 – Terms of Office and Presidential Succession • Amendment 21 – Repeal of Prohibition • Amendment 22 – Limits on Presidential Terms • Amendment 23 – Electors for the District of Columbia • Amendment 24 – Abolition of Poll Tax • Amendment 25 – Presidential Disability • Amendment 26 – Voting Age • Amendment 27 – Congressional Pay

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