Essential Questions

1. Essential Questions • What ideas did we take from England to create our nation? • Why is the Magna Carta so important in the history of government? • Compare Petition of Right v. E. Bill of Rights • Compare Mayflower Compact v. Fundamental Orders of CT. • The Declaration of Independence was created to say what to the world? • Why did the Articles of Confederation fail? • Why is the Constitution based on fear?

2. Foundations of American Government

3. FOUNDING DOCUMENTS/ IDEAS MAGNA CARTA PETITION OF RIGHT ENGLISH BILL OF RIGHTS DECLARATION OF INDEPENDENCE ARTICLES OF CONFEDERATION PREAMBLE TO THE CONSTITUTION CONSTITUTION

4. The Magna Carta • Signed by King John in 1215 • Created by English barons to put limits on the once absolute power of the King. • Guaranteed certain fundamental rights for the privileged, such as trial by jury and due process of law. Over time, these rights were extended to all English people.

5. The Petition of Right • The Petition of Right was signed by King Charles I in 1628. • Banned the king from imprisoning or punishing people without first following the laws of the land. • Kept the king from declaring military rule in times of peace or making people house soldiers. • Required the consent of Parliament for taxation.

6. The English Bill of Rights • The English Bill of Rights was drawn up by Parliament in 1689 to prevent the abuse of power by all future monarchs. • Required the consent of Parliament for taxation and suspension of laws. • Promised the right to a fair trial, and to petition the monarchy to correct injustices.

7. Colonial Governments • The first settlers in North America were not on a mission to establish a democracy. Settlers brought their heritage, values, and beliefs, which were rooted in the ideas of the British system. They came to North America with the ideas of individual rights, limited government, and representation, and of course, to live without the authority of a monarch.

8. Between 1607 and 1733, England established colonies in present-day North America. Each English colony had its own government consisting of a governor, a legislature and a court system. Each colony also operated under some written agreement as to how the colony would function.  Several examples include:

9. The Mayflower Compact • Signed by the Pilgrims in 1620. This is the first colonial plan for self-rule.  It said that the Pilgrims would choose their own leaders and they would make their own laws that all were to follow.  These laws would be designed to benefit all of society.

10. Fundamental Orders of Connecticut Puritans who left Plymouth drew up the first formal constitution in the colonies. This was called the Fundamental Orders of Connecticut and it laid out a plan for government that gave the people the right to elect the governor, judges and representatives to make laws. The first legislature in the colonies was the House of Burgesses, but before long, all colonies had a legislature that worked to create laws.  The colonial governments also had separation of powers. The governor was the supreme authority in the colony, the legislature worked to make laws and the courts worked to enforce the laws.

11. Declaration of Independence • “People of these colonies, solemnly publish and declare, that the United Colonies are, and of right ought to be free and independent states; that they are absolved from all allegiance to the British Crown, and that all political connection between them and the state of Great Britain, is and ought to be totally dissolved, and that as free and independent states, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent states may of right do. And for support of this declaration with a firm reliance on the protection of Divine Providence we mutually pledge to each other our Lives, our Fortunes and our sacred honor.”

12. The Declaration of Independence • Grounded On “The Laws Of Nature And Nature’s God.”

13. Rights In The Declaration Of Independence • We Hold These Truths To Be Self-evident • That All Men Are Created Equal, • That They Are Endowed By Their Creator With Certain Unalienable Rights, • That Among These Are Life, Liberty, And The Pursuit Of Happiness--- • That To Secure These Rights, Governments Are Instituted Among Men,

14. Rights In The Declaration Of Independence II • Deriving Their Just Powers From The Consent Of The Governed • That Whenever Any Form Of Government Becomes Destructive Of These Ends, • It Is The Right Of The People To Alter Or To Abolish It, • And To Institute New Government, • Laying Its Foundation On Such Principles, And Organizing Its Powers In Such Form, As To Them Shall Seem Most Likely To Effect Their Safety And Happiness.

15. Articles of Confederation • What is a Confederation? • A form of government where power is concentrated in state or regional governments; with a central government that loosely aligns the states but has limited authority • “States keep their sovereignty, freedom, and independence and every power, jurisdiction, and right not expressly delegated to the U.S. in Congress.” • So why do states come together though at all if they want to maintain their independence? • Common defense, security of liberty and mutual and general welfare

16. Articles of Confederation (1781-1789) • 1st Written Constitution of the independent U.S. • Influenced by state constitutions • States retain a majority of the power • Weak central government; power to states…why? • Ratified in 1781. • The Founders' fear of a central government that was too strong left the new United States as merely a "League of Friendship" between the states. Daniel Shays led a revolt over taxes in Massachusetts in 1787, and it became obvious the Articles needed to be fixed. • popular sovereignty, limited government, separation of powers, pseudo-Bill of Rights, separation of church & state

17. Articles of Confederation: • State Obligations to Central Government • Pledge to obey the Articles • Provide funds/troops requested by Congress • Give full faith and credit to public records, acts of judicial proceedings of other states • Allow open travel and trade between states • Responsibilities of Central Government to States • A representative, republican form of govt. • Protect against invasion and domestic violence • Respect the boundaries • Admit new states-Manifest Destiny

18. Articles of Confederation: Limited Power of Congress • Make war/peace • Treaties; Send/receive ambassadors • Borrow $ • Build navy, RAISE ARMY BY ASKING STATES FOR TROOPS • Settle disputes of states • Why Limit Powers? • Fear of big unitary government (listed 27 abuses by Brit. Govt.)

19. Articles of Confederation: Structure • Unicameral Congress: Each State—One Vote • Why? • No Executive or Judicial Branch • Why? • Impact?

20. Articles of Confederation: Weaknesses • No power to tax…why? Impact? • No Revenue…No Power • Request $16 mill…get $2 mill. (none from GA/NC) • 9/13 states needed to ratify; 13/13 to amend • Inflexible • No power to regulate commerce…why? Impact? • Exper. Under British (Brit. E. India); Intolerable Acts; Navigation Acts • States tax each others goods; ban some trade; no credit; multiple currencies • Economy on verge of collapse • Army Dependent on State Militias…Why? Impact? • Fear of Standing Army; Quartering Act • Can’t Respond in crisis like Shay’s Rebellion • No Coherent Foreign Policy...Impact? • No way to work with foreign powers • No international respect

21. Summary: Major Weaknesses of the Articles of Confederation • No executive or judicial branch • No one to enforce or judge laws • No power to regulate trade • Led to tariff wars and economies sank in states • No power to tax • No ability to generate revenue • No power to create a standing army • Couldn’t aid states in rebellion as with Shay’s Rebellion

22. Key Events Preceding Constitution • French & Indian War • Stamp Act… “No taxation without representation” • Intolerable Acts • 1st & 2nd Continental Congress • Olive Branch Petition (7/15/1775) • Declaration of Independence • Nat’l Rights; Govt. by Consent…Social Contract

23. Foundations of Democracy • Six Foundations of Democracy: • Respect for the fundamental worth of every person • Respect for the equality of all people • (opportunity/law) • Majority rule, but respect for minority rights • Compromise • Widest interpretation of individual freedom/ individualism • Popular Sovereignty/Consent

24. Constitutional Convention • The Constitution is a document based on fear. So, what were the Founders afraid of? The Founders were afraid after the Revolution that the National government would be too strong.They were afraid of replacing a tyrant in England with a tyrant here at home.This is why the Articles of Confederation made the federal government so weak.The problem was thatthe Articles made the federal governmenttoo weak to hold the country together.

25. END

26. Essential Questions • What ideas did we take from England to create our nation? • Why is the Magna Carta so important in the history of government? • Compare Petition of Right v. E. Bill of Rights • Compare Mayflower Compact v. Fundamental Orders of CT. • The Declaration of Independence was created to say what to the world? • Why did the Articles of Confederation fail? • Why is the Constitution based on fear?

27. Essential Questions • What does the Preamble really say? • Which articles set the structure of our government? • Explain each of the 6 principles of democracy • How does the 10th amendment help create federalism? • In what two ways is the Constitution considered flexible

28. The Constitution A Living Document

29. The Preamble: Philosophy on the Role of Government • Form a more perfect union • Establish Justice • Insure domestic tranquility • Provide for the common defense • Promote the general welfare • Secure the blessing of liberty • Make the country better & stronger • Laws=fair/impartial • Control Factions • Defend nation against enemies • Government serves the people • Secure freedoms/rights

30. Constitutional Convention (May 14, 1787- September 17,1787) • Shays Rebellion exposes inherent weaknesses …How? • Revise Articles of Confederation • I.D. Imperfections; State Bill of Rights; No Rel. Requirements; Strong Legislature • Goal: Balance need for strong central govt., to preserve order, but not threaten liberty • AMAZING document, adaptable & flexible while providing structure & organization • What were the big issues at the conventions?

31. Key Word: Compromise • Connecticut/Great Compromise: Virginia Plan + New Jersey Plan • VA Plan: Leg. Rep. based on state population (bicameral, 3 branches) • NJ Plan: Leg. Rep. based on equality (unicameral, 3 branches) • Great Compromise: Bicameral Congress (House & Senate) • House of Representatives: Based on population • Senate: Equal Representation • Who Benefits More? • 3/5 Compromise: Settles Issue of Slave Population • Each slave will count as 3/5 person for representation purposes • Commerce & Slave Trade • Restricts action on slavery for 20 years • Congress regulate trade; but can’t tax exports

32. Constitution: 7 Articles • Article I: Congress • Article II: Executive • Article III: Judiciary • Article IV: Relations Among States • Necessary & Proper Clause • Article V: Amending the Constitution • Article VI: Role of National Government • Supremacy Clause • Article VII: Ratification

33. 6 Principles of Democracy • Popular Sovereignty • Limited Government • Separation of Powers • Checks & Balances • Judicial Review • Federalism

34. 6 Principles of Democracy: Popular Sovereignty • Popular Sovereignty: • “We the People” • People source of govt. power • People created the natl. govt.; gave power st. & local gov’t power • Guarantees a Republic • Limits on Democracy: • Electoral College • Selection of Senators • Senators= 6 yr. terms

35. 6 Principles of Democracy • Limited Government • Rule of Law; Habeas Corpus; No Ex Post Facto Law • Majority Rule, Minority Rights • Checks & Balance, Sep. of Powers, Civil Libs/Rts. • Filibuster…Not in the Constitution • Madisonian: Moderation/Compromise…protect minority • Protect Nat’l Rts. From govt. abuse (paradox)

36. Limited Government

37. 6 Principles of Democracy • Separation of Powers • Division of power into 3 branches • Goal: Limit government • Can be inefficient/fragment policymaking

38. Separation of Powers

39. Separation of Powers

40. 6 Principles of Democracy • Checks & Balances • Each branch can limit the powers of the others • No one branch becomes to powerful; limit government

41. Checks & Balances

42. 6 Principles of Democracy • Judicial Review • Power of courts to determine the constitutionality of a law or executive action • Informal Amendment • Marbury v. Madison Brown v. Board of Education

43. 6 Principles of Democracy • Federalism: • A system of government in which power is both divided & shared between a central government & state/regional political units. • 10th Amendment: “Those powers not delegated to the federal government, nor prohibited to the states, are reserved for the states.”

44. Key Federalism Clauses-Est. Power of Federal Government • Supremacy Clause: • Constitution: Supreme Law of the Land • Sets up the hierarchy w/ the U.S. Constitution at the top. • Necessary & Proper Clause: • Congress shall have power to make all laws necessary and proper to carry out all other powers vested by Constitution in the government. • Commerce Clause • Congress’ power to regulate “interstate commerce”

45. Key Federalism Clauses-Est. Power of State Governments • 10th Amendment • Any power not given to the federal government, nor denied to the states, is “reserved” for the states. • Full Faith & Credit Clause: • Each State has to honor the civil rulings and laws from other states; doesn’t apply to criminal matters.

46. Federalism

47. Ratification • Requires 9/13 States…Really Need 13, Why? • Ratified by State Conventions (Federalism) • The Great Debate: Federalists v. Anti-Federalists • Federalists (Consult Table 2.4; p. 53) • Favor ratification; govt. by elite; today’s white collar • Anti-Federalists • Want strong state powers; rule by commoner; fear big govt…loss of civil liberties • Fear Elite Rule, angry no Bill of Rights, angry at weakened state govt. • Compromise: Addition of Bill of Rights/10th Amendment; House selected directly by people

48. Amending: Formal Amendments • “Flexible, Living, Breathing Document” • Formal Amendment: Actually changing wording of document (27 Amendments) • Proposal: 2/3 in ea. House or National Convention @ Request of 2/3 of States • Ratification: Approve by ¾ State Legislatures; State Convention of ¾ States • Example of what principle? • Federalism; requires action at nat’l & st. level

49. Formal Amendments

50. Bill of Rights • 1st 10 Amendments added to the Constitution • Bill of Rights • Added to the Constitution to get key states of New York and Virginia to ratify the Constitution • Protects political rights • 1st Amendment: Free speech, press, petition, assemble, religion • Protects the rights of the accused • Protection from illegal search and seizure • Right to a trial by jury, right to an attorney, right to be free from self-incrimination