Early Government

1. Early Government • The Articles of Confederation • Weak Central government • Only 1 Branch: A Legislative • States had more power • State Constitutions

2. The Constitutional Convention • The Virginia Plan • Two-house (Bicameral) national legislature • Representatives based population • i.e. – The larger the population, the more representatives. • Legislature would have the right to • Tax • Regulate Commerce • The New Jersey Plan • Unicameral national legislature • Each state has an equal number of representatives

3. The Great Compromise - July 16, 1787 • Legislative Branch • Two-Houses • Senate • each state will have the same amount • House of Representative • Number of seats based on population

5. The Three Fifths Compromise • Calculating a states population: • Only 3/5 of the slave population would be counted

6. Federal System • Power is shared - States/Federal • Reserved Powers (State) • Delegated Powers (Federal) • Concurrent Powers (Shared) • Separation of Federal Powers • Each branch has its own area of authority • Check and Balances • Each branch has the power to check, or stop, the others in certain ways.

11. TheLegislativeBranch • Congress • Two Houses (Bi-Cameral) • House of Representatives • Seats based on population (Currently set at 435) • Directly responsible to the people • Serve 2 year terms • The Senate • Originally elected by state legislatures: Changed by the 17th Amendment in 1913. • Serve 6 year terms • More removed from the public so as not to be influenced.

13. TheExecutiveBranch • The President • Strong executive officer. • Commands the Armed Forces • Power to Veto Acts of Congress • Term Limit of 4 years • NOTE: (1951- 22nd Amendment limited the Presidency to 2 terms) • Chosen by Electors from each State. • # of Electors is based on # of representatives • Called the Electoral College

15. The Judicial Branch • The Federal Courts • Members chosen by President • With Consent of Senate • Serve for Life

16. Ratifying the Constitution • Needed a 9 of 13 states to approve. • The Federalist • Favored the Constitution • Wanted Strong Central Gov. • The Anti-Federalists • Opposed the Constitution • Favored individual rights • Feared government

17. Why the Federalists Win • They had a specific plan • Anti-Federalists only opposed • Federalists were well organized • Federalist Papers – essays published to support the Constitution • Federalists had George Washington • The Bill of Rights • To appease NY, MA, & VA

19. The Bill of Rights • Federalists found no need for this • Thomas Jefferson favored the Constitution but insisted it included “unalienable rights.” • 12 amendments were proposed • 10 amendments were ratified • Effective December 15, 1791 • These are the Bill of Rights

20. Freedom of Speech, Press, Religion, and Petition • Right to keep and bear arms • Conditions for quarters of soldiers • Right of search and seizure regulated • Provisions concerning prosecution • Right to a speedy trial, witnesses, etc • Right to trial by jury • Excessive bail, cruel and unusual punishment • Rules of construction of Constitution • Rights of the States under Constitution

21. The Amendment Process • The writers made sure the Constitution could be refined • AnAmendmentis a changetotheConstitution • An Amendment takes two steps: • Proposed by 2/3 vote of Congress • Proposed Amendments must then be ratified either by • Sending to state legislatures & gaining ¾ majority or • Special convention in which ¾ must support

23. President George Washington • Unanimously elected in 1789 • John Adams – Vice President • Cabinet – President’s Advisers • Thomas Jefferson Dept. of State • Alexander Hamilton Sec. of Treasury • Established Precedent

24. The Unwritten Constitution • Created by precedent • The Cabinet – advisors to the President • Political Parties • Law Enforcement (see Whiskey Rebellion later in notes) • Judicial Review (see Marbury v. Madison later in notes)