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Explore the Constitutional Convention and its purpose of revising the Articles of Confederation. Learn about the challenges faced, compromises made, and the establishment of a strong central government. Discover the importance of the Bill of Rights in protecting individual rights.
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Warm-up • Did we keep the Articles of Confederation? Why or why not? • Did we create a strong central government? Why? What powers does the central government have? • Did we establish a leader? Did we call him king? What did we call him? What if he gets too powerful? What can the leader do? How do we make sure he isn’t tyrannical?
The Constitutional Convention May-September 1787 • PURPOSE of Convention: REVISE the Articles of Confederation • 12 States represented (55 delegates) Rhode Island refused • George Washington elected president of the convention • John Adams, Ben Franklin, Alexander Hamilton, James Madison all present (no Jefferson)
James Madison • After short debate, delegates agree to scrap the AOC • Madison dubbed, “The Father of the Constitution,” because he was the primary writer and arguably the most prepared for the convention.
Problems at Convention • Representation: • Greatest challenge = how to balance the interests of large and small states. • Slavery • Executive Branch • Trade • Checks and Balances/Separation of Powers
A REPUBLIC is a country led by ELECTED REPRESENTATIVES. FEDERAL System of Government= POWER is SHARED by the national and state governments. Establishing our government
proposed Representation Compromises Virginia Plan – Representation based on population *Bicameral -- 2 house legislative branch * “Big State Plan” – unfair to small states New Jersey Plan – Equal representation * Unicameral – 1 house legislative branch * “Small State Plan” – unfair to large population states ***BOTH the Virginia and New Jersey Plans included: 3 BRANCHES of GOVERNMENT.
The Great Compromise • The Great Compromise decided REPRESENTATION in Congress. • The “Connecticut” Compromise, written by Roger Sherman of Connecticut • Structure: • Bicameral legislature (2 houses) • One house based on population (House of Reps) • One house based on equal representation (Senate)
BICAMERAL LEGISLATURE: House of Representatives – affected by STATE POPULATION Senate – EQUAL representation for all states
THREE FIFTHS Compromise • Slavery *3/5 Compromise – of every 5 slaves, three counted toward population What would the free states have wanted? What would the slave states have wanted? STUDY MAV MARK UNIT 7! 4 Questions from 2 Graphs on Test
Electoral College • Would we have a president? • How do we pick the president? Executive Branch ELECTORAL COLLEGE– electors chosen by the states choose a chief executive
Ratification (Passage) • 9/13 states must ratify to pass • DE, NJ, GA, CT 1st to adopt • PA 1st Large State • MA, MD, SC, NH June 21, 1788 – Constitution is officially adopted *NY, VA, RI, NC adopt because they have no choice!
Federalists vs. Anti-FederalistsFirst 2 political parties • Federalists – supported the new Constitution • Alexander Hamilton, James Madison, John Jay • Write Essays under penname Publius (Federalist Papers) • Argue for the new constitution • Anti-Federalists – concerned with protections for state powers and rights • (AKA Democrat-Republicans) • Patrick Henry, Samuel Adams, Richard Henry Lee • Write papers known as the Anti-Federalist Papers • Argue for individual rights
WHO WERE THEY? ***There were probably more antifederalists in America, but the federalists were better organized, controlled more newspapers, and were in greater positions of power. The two sides finally reached an acceptable compromise when they agreed to add some amendments to the Constitution that protected individual liberties and rights. http://www.ushistory.org/gov/2d.asp 01.9.18
What was missing? Will not be added until 1796…
1. RAPPS Freedom of Religion, Assembly, Press, Petition, Speech 2. Right to Bear Arms 3. No Quartering of Soldiers 4. No illegal Search and Seizure 5. No Double Jeopardy, Self Incrimination, Eminent Domain, etc… 6. Speedy Public Trial, Lawyer 7. Trial by Jury 8. No Cruel/Unusual Punishment or Excessive Bail or Fines 9. Constitution is not a limited document 10. Reserved Powers The Bill of Rights (1791) Washington’s Major Accomplishment George Mason was one of the leading figures in creating the Bill of Rights. After storming out of the Constitutional Convention because the Constitution didn't contain a declaration of human rights, he worked to pass amendments that would protect citizens from an intrusive government.
Over the years the Bill of Rights has become an important core of American values. The compromise that created the Bill of Rights also defined what Americans would come to cherish above almost all else. Together with the Declaration of Independence and the Constitution, the Bill of Rights helps to define the American political system and the government's relationship to its citizens. • http://www.ushistory.org/gov/2d.asp George Mason was one of the leading figures in creating the Bill of Rights. After storming out of the Constitutional Convention because the Constitution didn't contain a declaration of human rights, he worked to pass amendments that would protect citizens from an intrusive government.
The Constitution of the United States of America and the 3 Branches of Government Picture courtesy of www.damchicago.com
STUDY YOUR KEY TERMS WHAT WAS A WEAKNESS OF THE ARTICLES OF CONFEDERATION? WHY WAS JAMES MADISON THE FATHER OF THE CONSTITUTION? WHAT EVENT LED TO THE PASSAGE OF OUR NEW CONSTITUTION? DEFINE: FEDERALISM Review: MAV MARK DAY 4
ON WHAT DID BOTH THE VIRGINIA AND NEW JERSEY PLANS AGREE? WHY DID SMALL STATES FAVOR THE NEW JERSEY PLAN? WHAT WAS THE RESOLUTION BETWEEN THE VIRGINIA AND NEW JERSEY PLANS? WHERE WAS THE NORTHWEST TERRITORY LOCATED? WHAT WAS THE LAND ORDINANCE OF 1787? …........CONTinued
CONSTITUTION Ratification?States had a wide variety of opinions about matters in the constitution; federalists/antifederalists’ thoughts impacted votes in the states.
Introduction • U.S. Constitution divides powers among three branches • “Separation of Powers” • Why was this done?
The body of the Constitution is divided into 7 Sections called ARTICLES… Together they lay the framework for our government. The U.S. Constitution
Describe the 3 Branches of the National Government • ARTICLE I: Establishes the powers and limits of the LEGISLATIVE branch. (CONGRESS) • ARTICLE II: Establishes the powers and limits of the EXECUTIVE branch. (PRESIDENT) • ARTICLE III: Establishes the powers and limits of the JUDICIAL branch. (COURTS) Articles I, II, & III
Article IV Deals with RELATIONS between the states Requires states to honor one another’s laws and legal decisions. Article IV & V • Article V • PROVIDES for a process to AMEND the Constitution • 2 methods • 2/3 Congress and ratified by state legislatures • AND • National Convention called by Congress at the request of the states and ratified by states
VI • States the Constitution is the supreme law of the land • PURPOSE: states cannot make laws that violate the US Constitution Article VI & VII • VII • Sets up a procedure for the sates to RATIFY the Constitution. (Amendment Process) • Ratification conventions must be held • 9 out of 13 states had to approve or ratify
Separation of Powers • Limits government powers • Prevents any one branch from having too much power
Three Branches of Government • Legislative Branch • Executive Branch • Judicial Branch • What does each branch do?
Three Branches of Government • Legislative Branch – makes the nation’s laws • Executive Branch – carries out the laws • Judicial Branch – interprets the laws
3 Branches of Government Executive Branch Legislative Branch Judicial Branch President & Vice President Congress Supreme Court Advisors & Appointees (CABINET) Senate House of Representatives Federal Court System
Legislative Branch • Article 1 of the Constitution • CONGRESS – MAKES LAWS FOR THE COUNTRY • Two houses • Senate • House of Representatives
Executive Branch • Article 2 of the Constitution • Executes, or carries out, nation’s laws • The President is the Commander in Chief of the military forces. • President, Vice President, appointees & advisors (CABINET- department heads and leaders) • CABINET: Department of Justice, The State Department, Department of Education and others…..
Judicial Branch • PREAMBLE GOAL fulfilled by the Judicial Branch= ESTABLISH JUSTICE • Article 3 of the Constitution • U.S. Supreme Court & Federal Court System • Interprets laws • Punishes law-breakers • Determines if laws are constitutional
Front row, left to right: Associate Justice Ruth Bader Ginsburg, Associate Justice Anthony M. Kennedy, Chief Justice John G. Roberts, Jr., Associate Justice Clarence Thomas, Associate Justice Stephen G. Breyer. Back row: Associate Justice Elena Kagan, Associate Justice Samuel A. Alito, Jr., Associate Justice Sonia Sotomayor, Associate Justice Neil M. Gorsuch.Credit: Franz Jantzen, Collection of the Supreme Court of the United States • Nine Justices make up the current Supreme Court: one Chief Justice and eight Associate Justices. The Honorable John G. Roberts, Jr. is the 17th Chief Justice of the United States, and there have been 101 Associate Justices in the Court’s history.
Checks & Balances • Each branch has its own powers, yet, no branch can become too powerful • How does the Constitution balance the powers? • Article I Section 7 –REFLECTS the principle of Checks and Balances • Every bill shall have passed the House of Representatives and the Senate, shall before it becomes law be presented to the President of the United States.