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The Constitution

The Constitution. The Nation’s First Governments The Road to the Constitution The Structure of our Constitution The Bill of Rights. The Nation’s First Government. Early Constitutions States begin creating their own constitutions - detailed written plan for gov’t

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The Constitution

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  1. The Constitution The Nation’s First Governments The Road to the Constitution The Structure of our Constitution The Bill of Rights

  2. The Nation’s First Government Early Constitutions • States begin creating their own constitutions- detailed written plan for gov’t • Most state law making bodies (legislature) were bicameral- two houses • Most state constitutions followed the British form of gov’t

  3. The Nation’s First Government Articles of Confederation • State constitutions were weak when unified • 1777- A. of C. created • A. of C. wanted to establish a “league of friendship” between states • Created the Northwest Ordinance plan for admitting states west of App. Mountains

  4. The Nation’s First Government Weaknesses of the Articles • 1 house legislature • 13 colonies refused to allow congress to enforce laws or to tax • Congress could as states for money, but could not demand it • 9 of 13 states had to agree before a law could be ratified (approved) • All 13 states had to agree before the constitution could be amended (changed)

  5. The Nation’s First Government The Articles of Confederation Fail • After the American Revolution, US is in debt and A. of C. could not collect taxes • Riots begin to break out and the gov’t is too weak to stop them no unified army • Daniel Shays- Led armed uprising in Massachusetts when gov’t tried to take his farm away • 1787- Congress meets to change the Articles

  6. Road to the Constitution The Road to the Constitution • Congress decides to get rid of the Articles of Confederation • Each state had to send a rep to the Constitutional Convention (All but Rhode Island agreed) • All delegates agree to appoint George Washington as president • Washington immediately starts making rules • At least 7 states must be present to make a decision • All decisions were decided by a majority of the vote • All meetings were to be kept a secret Creating the Constitution • Two rival plans • The Virginia Plan (James Madison)- 3 branches of government legislative, executive, judicial • Legislature would be divided into 2 houses (bicameral) and representation would be based on population • Larger states like the VA plan • The New Jersey Plan- 3 branches of gov’t • Legislature would have only 1 house and each state would get 1 vote • Smaller states like the NJ plan

  7. Road to the Constitution Making Compromises • The Great Compromise proposed Congress have 2 houses • Senate: equal representation • House of Representatives: rep. based on population • Conflict over counting population between enslaved and free • 3/5 Compromise: Every 5 slaves in the south would be counted as 3 free citizens • South wants to count slaves equally to have more power in congress • Congress decides to create an Electoral College to elect Pres. and VP a group of people from each state selects P and VP Approving the Constitution • 9 of 13 states had to approve or ratify the constitution • Two groups • Federalists: Agree with constitution • Anti-Federalists: says const. gives too much power to gov’t, does not protect individual citizens • Feds promised that if the const. passed, a Bill of Rights would be added • 1788- Constitution ratified

  8. Structure of the Constitution The Structure • Provide a framework, or map, for US Gov’t to follow • Three main parts • The Preamble: Introduction • Tells why constitution was written- power comes from ppl The Articles: Explains how the gov’t works (7 in all) • 1. Article I: The Legislative Branch (lawmakers) • 2. Article II: The Executive Branch (law enforcers) • 3. Article III: The Judicial Branch (interpret & apply laws) • 4. Articles IV-VII: states rights, Const. is supreme law of land, and ratified after 9 states approved

  9. Structure of the Constitution Amending the Constitution • Const. has been amended (changed) 27 times • The Amendment process is difficult framers wanted it that way • Framers also knew changing the const. would be necessary • Two steps to amend • Proposal- 2/3 of both houses of congress • Ratification- ¾ of the states must ratify it in state legislature • Many politicians interpret the Const. differently • Necessary and Proper Clause- Article I gives Congress power to do things not specifically mentioned in the Const. Implied Powers • Loose vs. strict interpretation Supreme Court has final authority

  10. Structure of the Constitution Underlying Principles • Five fundamental principles • Popular Sovereignty: Power lies with the people • Rule of Law: Limit power of gov’t by applying the law to everyone • Separation of Powers: Clearly separate duties of legislative, judicial and executive branch • Checks and Balances: Each branch of gov’t is able to restrain the power of the other two • Federalism: Balance of power between State and Federal gov’t citizens must obey laws of each • Powers granted specifically to Fed Gov’t- Expressed Powers • Powers not directly given to Fed gov’t are kept by the state- Reserved Powers • When state and federal powers overlap- Concurrent Powers • Supremacy Clause: Const. trumps all Supreme Law of the Land

  11. The Bill of Rights The First 10 Amendments to Constitution • First Amendment- Basic Civil Liberties 1. Freedom of Religion 2. Freedom of Speech 3. Freedom of the Press- gov’t can’t censor (ban) public opinion 4. Freedom of Assembly- gather in groups 5. Freedom to Petition- Make requests of the gov’t ** 1st Amendment Limitations: No slander (lies) or libel (printed lies) against persons, no actions that lead to crimes** • Second Amendment- Right to bear arms (carry weapons) • Third Amendment- Soldiers may not move into citizens homes without consent of homeowner • Fourth Amendment- Protects citizens against unreasonable search and seizures. Gov’t must have a search warrant

  12. The Bill of Rights • Fifth Amendment- Protects those accused of a crime 1. Must be indicted- formal charge 2. Entitled to grand jury- review evidence 3. No double jeopardy- can’t be charged twice for same crime 4. Everyone is entitled to due process- follow legal tradition 5. Gov’t must pay you for eminent domain- taking personal property • Sixth Amendment- Protects rights of the accused 1. Speedy and public trial 2. Entitled to a lawyer • Seventh Amendment- Right to a trial in civil cases when more than $20 involved • Eighth Amendment- Guarantees right to a speedy trial and allows accused to post reasonable bail while waiting for trial • Ninth Amendment- Guarantees there are other natural rights not in the Bill of Rights • Tenth Amendment- Any power not mentioned in the Constitution lies with the Statel Government

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