The Constitution

The Constitution

Influences on American Colonial GovernmentLesson 1 • Essential Questions: • Why do people create, structure, and change governments? • It Matters Because: • The weakness of the first U.S. government shaped the way our government works today

The Declaration of Independence • The Declaration of Independence consists of four parts • Preamble • Explains why the Continental Congress drew up the Declaration • Declaration of Natural Rights • Lists the rights of the citizens • In a republic, people form a government to protect their rights

The Declaration of Independence • List of Grievances • The Declaration lists the colonists’ complaints against the British • King George III is singled out for blame • Resolution of Independence by the United States • Declares that the colonies are “free and independent states” • With full power to make war, to form alliances, and to trade with other countries

Lesson 1The Country’s First Government • Guiding Question: • How did citizens set up governments as they transitioned from colonies to states? • Independence meant the end of colonial charters • New plans of government would have to replace them • The Second Continental Congress urged colonists to form governments • January 1776, New Hampshire became the first to organized as a state • Leaders wrote a constitution- plan of government

State Governments • Each State had a legislature to make laws • Bicameral- the legislature is divided into two parts or houses • Each state had a governor • to carry out the laws • Each state had courts • Judges decided what the laws meant and how to apply them • State government were base on ideals stated in the Declaration of Independence • Magna Carta, English Bill of Rights, Enlightenment

The Articles of Confederation • Guiding Question: • How did the Articles of Confederation create problems for the United States? • Each state was ready to self govern when independence was declared • 13 small, separate forces could not fight the mighty British army • There was a need for a single, strong army under central control • Planned for a confederation of states • A group of individual state governments united for a common purpose

The Articles of Confederation • 1777 Congress wrote this plan of government in the Articles of Confederation • The first constitution of the United States • By 1781 all 13 states had ratified- or approved the Articles • One-house legislature • One vote for each state • Confederation Congress • Controlled the Army • Power to deal with foreign countries

The Northwest Ordinances • The Confederation Congress passed two laws –or ordinances • Lands including Ohio, Indiana, Illinois, Michigan, Wisconsin and part of Minnesota • Ordinance of 1785 • Setup a plan for surveying western lands • Measuring a piece of land • Described how western lands were to be sold • Divided the land in to townships- six miles square • Townships were further divided into 36 sections –one mile square

Northwest Ordinance -1787 • This law setup a government for the Northwest territory area • Provided a plan for admitting new states to the Union • These two ordinances helped people settle the Northwest territory in an orderly way • By 1790s over 120,000 people had settled

Weaknesses of the Articles of Confederation • Lack of Power and Money • Congress had no power to collect taxes • Congress had no power to regulate trade • Congress had no power to enforce its laws • Lack of Central Power • No single leader or group directed government policy • No national court system existed • Rules Too Rigid • Congress could not pass laws without the approval of 9 states • The Articles Could not be changed without the agreement of all 13 states

A New Country Struggles • The United States faced serious financial troubles • The Confederation Congress borrowed money to pay for the Revolution • It could not collect taxes • State governments were also in debt • They heavily taxed their citizens • Trade slowed and people lost jobs • Farmers could not sell their crops and some lost their lands • Imported goods from other states and countries were taxed • Confederation Congress could do nothing • During 1786 and 1787, riots broke out in many states

Shays’s Rebellion • Massachusetts farmer Daniel Shays • Owed money because of heavy state taxes • Massachusetts courts threatened to take away his farm • Shay’s felt that this problem was created by the state • Shays led 1,200 protestors in an attack on a federal arsenal • Shays rebellion was quickly stopped • The rebellion was a warning to the country • A stronger national government was needed • 1787 representatives from the states met in Philadelphia • Revise or change the Articles of Confederation

Lesson 2Creating a New Constitution • Essential Questions: • Why do people create, structure, and change governments? • It Matters Because: • In creating the Constitution, the basis for our government today, the Framers reached important compromises that had lasting legacies.

The Constitutional Convention • Guiding Question: • Why did American leaders decide to create a new plan of government? • Articles of Confederation (1777) loosely joined the 13 independent states • Lasted 10 years • Weak central government • 1787, delegates met in Philadelphia to fix the Articles • Rhode Island did not meet- they opposed a stronger central government

The Delegates • The Convention began on May 25, 1787 • Most of the 55 men were well educated • Lawyers, merchants, college presidents, physicians, generals, governors, and planters • 8 signed the Declaration of Independence • 41 were members of the Continental Congress • Thomas Jefferson and John Adams were not present • They were in Europe representing the United States

The First Decisions • Key decisions were made • George Washington was chosen to guide the convention • Each state would only get one vote • A simple majority would decide any issue • Convention meetings were kept secret • Allowed delegates to talk freely • The public was not allowed • There were few written records • Only James Madison from Virginia kept a notebook • They decided the Articles were too weak to deal with the nations problems • An entirely new plan of government was necessary

Compromising for a Constitution • Guiding Question: • Why were compromises made at the Constitutional Convention? • The Virginia Plan • Written by James Madison • Had a president, courts, and a congress with two houses • State population would decide how many representatives in each house • Larger states would have more votes than smaller states • Larger states liked the plan • Smaller states opposed it

The New Jersey Plan • Plan offered by William Patterson of New Jersey • Based on the Articles of Confederation • Kept the Confederations one-house congress • Each state would have one vote • Congress could set taxes and regulate trade • No strong president, instead a less powerful committee named by Congress to carry out laws • Smaller states supported this plan because they would have the same power as big states

The Great Compromise • A committee headed by Roger Sherman of Connecticut fount the answer • Congress would have two houses • Senate and House of Representatives • Senate- two members from each state • House of Representatives- number of representatives would reflect the population • Compromise- an agreement between two or more sides • Each side gives up something, but gains something else

The Three-Fifths Compromise • 1787, more than 550,000 slaves , mostly in the south • Southern states wanted to count slaves a part of the population • This would give them more members in the house of representatives • Northern states had few slaves • Three-Fifths Compromise • The delegates decided that every five enslaved persons would equal three free persons • The same rule was used to assess taxes on the states

Other Compromises • Trade- • North felt that congress should regulate trade and the south feared an export tax, and ban on importation of slaves • Compromise- Congress could regulate trade, but could not tax exports, and could not ban slave trade before 1808 • Selecting the president • Should Congress select the President and Vice President, or should the people have this right • Compromise-Electoral College- made up of electors, or delegates named by each state legislature • Today voters choose electors

Federalists and Anti-Federalists • Guiding Question: • How did the Federalists and Anti-Federalists viewpoints differ? • Throughout the summer, the delegates worked out the details of the new government • September 17, 1787 the Constitution was ready to be signed • The Constitution needed to be ratified or approved • Each state would set up a ratifying convention to vote “yes” or “no” • At least 9 of the 13 states were required to ratify the Constitution

Who Were the Federalists • Federalists- were those who supported the Constitution • They believed the Constitution would create a system of federalism • Federalism-power is divided between the federal or national government and the states • They believed that federal law should be supreme over the states • Strong national government • They reminded Americans of the weaknesses of the Articles of Confederation • Federalist Papers- a series of essays written to defend the Constitution • James Madison, Alexander Hamilton, John Jay

Who Were the Anti-Federalists • Anti-Federalists- They opposed the Constitution • They argued that the Constitution would destroy liberties won during the American Revolution • National government would become to powerful • Ignore the rights of the states • Favor the wealthy few over the common people • National government power is only needed to the extent that is needed to preserve the union • Constitution had no Bill of Rights • Some states refused to ratify the Constitution without a Bill of Rights

Launching a New Nation • Federalists eventually agreed that a Bill of Rights was needed • They promised a Bill of Rights would be added if the Constitution was approved • New Hampshire became the ninth state to ratify the Constitution • Rhode Island became the last state to ratify the Constitution on May 1790

Lesson 3The Structure of the Constitution • It Matters Because • The U.S. Constitution sets up the structure of our government and basic laws of our nation • Guiding Question: • How does the U.S. Constitution organized the government?

The Parts of the Constitution • The main purpose of the U.S. Constitution is to provide a plan of government. • It is the highest authority in the nation • It is the basic law of the United States • The powers of the three branches come from the Constitution • It also stands for our basic ideals • Life, liberty, democracy • The Constitution has three main parts • Preamble- the opening section of the Constitution • Articles (7)- the main parts of the Constitution • Amendments (27)- changes to the Constitution

Preamble • To “form a more perfect Union” – to unite the states so that they can act as a single nation • To “establish Justice”- to make sure that all citizens are treated equally • To “insure domestic Tranquility”- to provide peace and order, keeping citizens and their property from harm • To “provide for the common [defense]”- to be ready militarily to protect the country and its citizens from attack • To “promote the general Welfare”- to help people live healthy, happy, and prosperous lives • To “secure the blessings of Liberty to ourselves and our Posterity”- to guarantee the basic rights of all Americans including future generation (Posterity)

The Seven Articles (I-VII) • The first 3 Articles state the powers and responsibilities of each branch of government

Legislative Branch • Article I • Outlines the lawmaking powers of the legislative branch • Senate and House of Representative • They will have all law making authority • Describes how members will be chosen • Describes rules to follow to make laws

Executive Branch • Article II • Sets out an executive branch • Law-enforcing part of government • Headed by the President and Vice President • Explains how leaders can be elected and removed from office • Lists the President’s powers

Judicial Branch • Article III • Sets up the judicial branch of government • Interprets the laws and sees that they are fairly applied • One supreme court, and lower federal courts • Lists the powers of the court • Describes the kinds of cases a court may hear

Articles VI - VII • Article IV • Explains the relationship between the states and the national government • Article V • Describes when and how the Constitution can be changed or amended • Article VI • Declares the Constitution to be the “supreme law of the land” • Article VII • Describes how the Constitution was to be ratified

Amending and Interpreting the Constitution • Guiding Question: In what ways can the Constitution be changed? • Any change to the Constitution is called an amendment • Thousands have been considered • Only 27 have been ratified • The Framers of the Constitution purposely made it difficult to amend the Constitution • The ability to amend is necessary, but can only be done with overwhelming support from the public

Formal and Informal Amendments • Amending the Constitution (Article V), is a process made up of two steps • Proposal and Ratification • Proposal • Proposal by Congress- 2/3 members of Congress Required • Constitutional Convention-Called by 2/3 of the 50 states • Ratification • ¾ of states must ratify • Formal and informal changes

Interpreting the Constitution • The Framers realized the would change in ways they could not predict • Keep the document as general as possible • Some matters they went into detail • Other matters were left to interpretation • Allows Congress to “make all laws which shall be necessary and proper” to carry out duties • This is called the “necessary and proper” clause • Congress can use powers not directly listed in the Constitution • These are known as “implied powers”

Loose and Strict Interpretation • Loose Interpretation • Congress should be allowed to make any laws the Constitution does not forbid and that fit its purpose • Strict Interpretation • Congress should make only the kind of laws mentioned in the Constitution • Supreme Court • Is the final authority for interpreting the Constitution

Principles of the ConstitutionLesson 4 • Essential Question : • How do societies balance individual and community rights? • How does social change influence government? • It Matters Because: • Every aspect of our lives is affected by the principles set down in the Constitution by the Framers

Major Principles of Government • Principles are basic beliefs by which people live their lives • Five basic principles of the U.S. government • Popular sovereignty • Limited government and the rule of law • Separation of powers • Checks and balances • Federalism

Popular Sovereignty • Popular Sovereignty- the people’s right to rule • Sovereignty- the right to rule • Popular- the people or public • The Declaration of Independence is a statement of popular sovereignty • The Constitution includes parts that protect and guarantee sovereignty of the people

Limited Government and the Rule of Law • Limited Government- the principle that a government can only do what the people allow it to do. • Rule of Law- the principle that the law applies to everyone • Even applies to those who govern

Separation of Powers • Separation of Powers- the split of authority among the legislative, executive, and judicial branches • Influenced by Baron of Montesquieu’s idea that government should be separated into branches • Separation of powers limits the ability of any one branch from gaining too much power

Checks and Balances • Checks and Balances- a system in which each branch of government is able to check, or restrain, the power of the others

Federalism • Guiding Question: How is power distributed under federalism? • Three Types of power: • Enumerated powers: powers directly granted to the national government by the Constitution • Reserved powers: powers the Constitution does not give the federal government; powers set aside for the states • Concurrent powers: powers shared by the state and federal governments • Supremacy clause- a clause stating that the Constitution and other laws and treaties made by the national government are “the supreme Law of the Land”

The Constitution