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The Constitution

The Constitution. Chapter 3 with Section 3 of Chapter 2. Video. From PBS ’ “ Liberty ” series, final Episode VI “ Are We to Be a Nation ” (start right at beginning of period to mostly finish). Chapter 2 Section 3. Articles of Confederation. Articles of Confederation.

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The Constitution

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  1. The Constitution • Chapter 3 with Section 3 of Chapter 2

  2. Video • From PBS’“Liberty” series, final Episode VI • “Are We to Be a Nation” • (start right at beginning of period to mostly finish)

  3. Chapter 2 Section 3 • Articles of Confederation

  4. Articles of Confederation • 1st & 2nd Continental Congresses began the country • 2nd CC = Declaration of Independence, gov’t for Rev War • 2nd CC wrote the Articles - took 3 1/2 years for ratification • needed all 13 states - Maryland held out over western lands • March 1, 1781, Articles went into effect thru March 4, 1789

  5. Confederation Congress • unicameral legislature • 2 – 7 delegates from each state • Each state had one vote • Minimum of 9 votes needed to approve • Unanimous vote to amend the Articles • What does it mean to “amend”? • 3 members served as an executive council

  6. Powers of Confederation Congress • Regulate weights & measures • Create post offices • Borrow & coin money • Direct foreign affairs, war, & peace • Build & equip a navy • Can ask for an army from the states • settle disputes between the states

  7. Problems with Articles Gov’t • Needed 9 votes not just a majority, unanimous vote for amendment • No true executive or judicial branch • Not allowed to tax • Could not regulate trade – each state… • Could not enforce treaties – Britain & Spain… • No power to deal with Indians

  8. Events that led to change • Confused economy & debts from Rev War • Shays’ Rebellion in Mass • VA & MD’s arguments over Potomac River & Chesapeake Bay • met at Mt. Vernon • Annapolis Convention - only 5 states attended • Hamilton & Madison took lead • Philadelphia Convention...Constitutional Convention

  9. Who attended... • We the People, Lesson 11 work

  10. How the Constitution came to be • Virginia Plan with the New Jersey Plan became the Great Compromise (Connecticut Compromise) • Bicameral legislature, executive, judicial branches • Three - Fifths Compromise - for census & taxes • Commerce Compromises - trade controls; slave trade • Executive Compromises - Electoral College; impeachment • Ratification - 9 of 13 - Federalists vs. Anti-Federalists

  11. Outline of the Government • Article I - Legislative Branch - Congress • Article II - Executive Branch - President • Article III - Judicial Branch - Supreme Court & Federal Courts • Article IV - Relations among the States • Article V - Amendments • Article VI - Supremacy of the Law • Article VII - Ratification

  12. Chapter 3 Section 1 • Basic Principles of the Constitution

  13. Basic Principles of Constitution • Popular Sovereignty - all the political power resides in the people • Limited Government - gov’t can only do what the people have empowered it to do - “rule of law” • Separation of Powers - powers are divided among 3 independent & coequal branches of gov’t • Checks & Balances - each branch of gov’t is subject to a number of checks or restraints by the other branches (see chart)

  14. Basic Principles (con’t) • Judicial Review - power of the Court to determine the constitutionality of a government action • of laws, or executive orders (actions) • Video: “Understanding the Judicial Branch” • Federalism - division of power among national, state, & local governments • Federal Powers, State Powers, Shared Powers

  15. Section 2 - How to make an Amendment • Plan A - Proposed by 2/3s Congress • Ratified by 3/4s of state legislatures • or 3/4s of state conventions • Plan B - Proposed by a national convention when requested by 2/3s of state legislatures • Ratified...same way • Note: never done this second way yet

  16. Amendments • 27 Amendments to date - see pgs64-65 • Bill of Rights - 1st 10 Amendments - see pg62 • How about amendments proposed but never ratified? • Assignment…

  17. Section 3 - Change by Other Means • Basic Legislation - use of the Elastic Clause • in the way Congress defines the powers from the Constitution • Executive Action “Powers” - aka Executive Orders • executive agreements w/ head of another country • different from a formal treaty • Court Decisions - interpretations of law • judicial review

  18. Change...con’t • Party Practices - strongly influence election procedures & policy decisions • Consider impact on electoral college & leadership in the House & Senate • Custom & Usage • “unwritten Constitution” - like the Cabinet • senatorial courtesy for federal judges

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