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Hobbes. What is the Social Contract Theory? How does it play a role in the founding of American government? Why are governments necessary? S hould government have the right to intrude upon people’s rights? Why or why not?. John Locke. (1632-1704) British Philosopher
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Hobbes • What is the Social Contract Theory? • How does it play a role in the founding of American government? • Why are governments necessary? • Should government have the right to intrude upon people’s rights? Why or why not?
John Locke • (1632-1704) British Philosopher • Original State of Man in Nature • Perfectly free and equal • Why Governments? • Nature is uncertain • Property is unsafe • Governments: Protect Property • Lives, Liberties, Estates
Who creates governments? • The people • People are supreme • When governments abuse those powers… • People can change government
ARTICLES OF CONFEDERATION • 1781-1789 • State Supremacy • Legislature • Unicameral • 9 of 13 votes to pass laws. (2/3) • Each state one vote. STRENGTHS • Land Ordinance of 1785 • Surveyed and sold western lands. • Northwest Ordinance of 1787 • Admission of new states • Kept the states together • Treaty of Paris, 1783
ARTICLES OF CONFEDERATION • WEAKNESSES • No power to tax • No separate executive • No federal courts • Shays’ Rebellion • British Retention of forts in the Northwest • No regulation of interstate commerce • Weak Continental dollar • Separate state currencies • Inability to protect settlers from Indians • Inability to repay French loans
Constitutional ConventionBegan in May, 1787 • Original Purpose: • Amend Articles • 55 Delegates • None from Rhode Island • Most Powerful Group/Interest: • Federalists • Stronger Central Government
Federal Census of 1790 • At the Constitutional Convention, each delegate was primarily representing his state’s interests. • Based on the figures from the census, what significant differences exist among the states? • What issues might surface at the Convention because of these differences?
Constitutional Convention: Great Compromise • Large and Small States: Representation • Virginia Plan (Large States) • Legislature: 2 chambers • Upper House: Appointed • Lower House: Popular Vote • ** Number of reps. in both based on population • New Jersey Plan (Small States) • One chamber; each state one vote.
Great Compromise • Legislature • Upper: Appointed by State Legislature • 2 per state (help small states) • Lower: Voted by people • Based on population (help large states) 3/5 Compromise • Settled issue of counting slaves for taxes and representation.
Legislative Branch– Article I Constitutional Requirements House Senate • Age 25 30 • Citizenship 7 years 9 years • Residency In state In state • Length of Term 2 years 6 years
Impeachment • House: Impeaches (Bring Charges Against) majority vote • Senate: Trial 2/3 vote • Can only remove from office
Article I, Section 8 • Powers of Congress • Power to tax • Regulate interstate commerce • Coin money • War Powers • Declare War • Raise an army/navy • Maintain an army/navy • Regulate an army/navy
Necessary and Proper Clause (Sec. 8) • AKA: Elastic Clause • Expands powers of Congress • Raising Revenue (Sec. 7) • Must begin in the House • Closest to the people (no taxation w/o representation)
Article II: EXECUTIVE BRANCH • Length of Term • 4 years • Term Limits • NONE in ORIGINAL Constitution • 22 Amendment (1951) • “Two Terms”
Electoral College • Number per state: • Equal to # of Reps. and Senators • Who Wins? • Receive MAJORITY of votes • No Majority? • House Decides
Constitutional Requirements • Age • 35 • Citizenship • Natural Born Citizen • Residency • Live in U.S. 14 years
Powers of the President • Foreign Policy • Commander-in-Chief (CINC) • Make Treaties • 2/3 of Senate • Appoint Ambassadors • Majority of Senate • Judicial • Appoint federal Judges • Majority of Senate • Pardons • Legislative • Veto • State of the Union
Impeachment/Removal • Treason, Bribery, High Crimes and Misdemeanors
Article III - Judicial Branch • Constitutional Requirements • None • Length of Term • Life • Constitution Establishes Supreme Court • Lower Courts: • Created by Congress
ARTICLE IV • State Relations • Extradition • New States • Consent of current state AND Congress ARTICLE V • Amend the Constitution • 2/3 House & Senate • ¾ of States ARTICLE VI • Supremacy Clause • National over State ARTICLE VII • Ratification • 9 of 13