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Review/topics. 8 th grade SS Lackey. Politics. Constitution 1 st constitutional convention MAY 25 th 1787 Met in Philadelphia at Indepedance hall 55 representatives,discussions were held in secret (was Hamilton’s idea).
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Review/topics 8th grade SS Lackey
Politics • Constitution • 1st constitutional convention MAY 25th 1787 • Met in Philadelphia at Indepedance hall • 55 representatives,discussions were held in secret • (was Hamilton’s idea)
Delegates from North CarolinaSigned and ratified the constitution for NC • William Blount Richard Dobbs Spaight Hugh Williamson *Blount was paymaster for NC troops during the Revolutionary war Involved in a failed plot to invade Florida using British and Native troops *Spaight served Anti-federalist and governor of NC 1793-1795 Killed in a duel by Anti-federalist John Stanly in 1802 *Williamson was surgeon general for North Carolina troops during the revolutionary war, and one of the first representatives to US congress.
The Stanly-Spaight duel • Read The Stanly-Spaight duel caption at the website below • http://www.learnnc.org/lp/editions/nchist-newnation/4313
William Blount’s plot • Begin reading from the 5th paragraph down at “Despite this awkward beginning…” to the end of the caption. • http://www.northcarolinahistory.org/encyclopedia/126/entry
Hugh Williamson • http://colonialhall.com/williamson/williamson.php
Constitution • Branches • Executive branch Law Enforcing body made up of President, Vice President, the cabinet and FBI,CIA,and ATF • Legislative branch Law making body made up of the HOUSE OF REPRESENTATIVES and SENATE • JUDICIAL branch Law Interpreting body made up of the SUPREME COURT and all other federal court systems.
Constitution • Vocabulary • GREAT COMPROMISE (aka Connecticut Compromise)-created a legislative branch with two parts (BICAMERAL). • Upper house (Senate) which had equal representation. (2 per state-100 total) • Lower house (House of Representatives) which had representation based on State population • Representatives range between 1 (for Alaska) and 53 (for California)-435 total
Grey=no reps lost or gained • Blue=reps that state has gained • Orange= reps that state has lost
Article 4 • States Rights • Clause 1: Full Faith and Credit: • Public Acts Records from one state respected in all states • Clause 2: Privileges and Immunities: • Out of staters can own property, travel, and courts in other states
Article 4 • Clause 3: Extradition of Fugitives: • A state can force a resident of another state to stand trial in the first state. • Leads to fugitive slave act (1850) allowed runaway slaves to be chased across state borders • Clause 4: Formation of New States: • Can’t be composed of several states (no Super states) • Can’t be formed within existing states (State of Franklin)
Article 5 • The Amendment Clause • Two methods of creating one • 2/3 of Congress (House of Reps and Senate) Propose An amendment 3/4 of state governments must agree to ratify the government. OR -2/3 of state govs may call an amendment con for proposal, then ratified by ¾ of state govs
Article 6 • Clause 1: All debts the colonies had are still valid after constitution is ratified. • Clause 2: SUPREMACY CLAUSE Where federal and state law conflict, fed law always wins. • Clause 3: Judges, Presidents, the military must take an oath to uphold the Constitution. • Public office is not based on religion, no “religious Test”
Article 7 • 9 out of 13 states had to ratify it. • VA, NC, NY didn’t ratify it at first • NC and RI wouldn’t ratify it without protecting individual rights (BOR) • March 4th 1789 United States begins
Constitution • Amendments • 27 amendments in all, passed over many many years • 1st ten amendments known as the BILL OF RIGHTS • Designed to protect the Individual rights of citizens. • North Carolina refused to ratify the Constitution until the B O R was passed
Amendments • 1-political and religious freedom/right to assemble peaceably in public. • 2-The right to possess weapons, especially guns • 3-The right for citizens to refuse soldiers to stay in their homes (Quartering)
Amendments • 4 the prevention of illegal search and seizure by authorities without proper documentation • 5 No self Incrimination in a criminal case “I plead the fifth” • Private property can’t be taken by the government without proper payment • Due process of law- cases follow a regular set of steps • Division between trials in civilian (non-military) and military court
Amendments • 6th Right to a Speedy public trial • Trials are held in the state which the crime was committed • Suspects are to be charged (informed) of the crime they are accused of. • Non-negotiale process for getting witnesses for the suspects defense. • Right to have legal counsel in a criminal trial
Amendments • 7 Trial by jury in civil cases/ division between MISDEMEANORS (less serious crimes) and FELONIES (more serious crimes) Based on money value ($20 dollars in 1787 around $250 here in NC) • 8 no excessive bail for a crime, can’t be sentenced to CRUEL AND UNUSUAL PUNISHMENT for a crime.
Amendments • 9 enumerated rights of the people There are other rights and freedoms of the people that have not been covered in the BOR but eventually will be named and defined. • 10 FEDERALISM Division of power between state and federal governments. (whether state uses it or not)
Vocabulary • Amendment- Official change in the Constitutional law, allows the Constitution to change with the times. • Bill of Rights- First 10 Amendments of the constitution. • Checks and Balances-Constitutional Idea that no branch can overpower any other branch • Cruel and Unusual Punishment-torture to cause physical pain. • Executive Branch- Law enforcing branch of Government
Federalism- Division of State and National power found in the 10th amendment. • Felonies- Serious Crimes of a high dollar amount, murder, kidnapping, etc. • GREAT COMPROMISE (aka Connecticut Compromise)-created a legislative branch with two parts (BICAMERAL). • Upper house (Senate) which had equal representation. (2 per state-100 total) • Lower house (House of Representatives) which had representation based on State population • Representatives range between 1 (for Alaska) and 53 (for California)-435 total
Misdemeanor-less serious crimes like speeding, vandalism, or littering. • Ratify- to accept officially law, document, or treaty • Supremacy Clause-Federal law beats state law if the two laws are in conflict. • Separation of Powers- Constitutional Idea that three branches of government divide power up. • THREE FIFTHS COMPROMISE-Southern states wanted slaves to be counted to increase their political power. • Northern states did not want slaves to be counted at all (did not want Southern states to have any more power) • Each slave counted for 3/5 of a person • Veto-Presidential power to refuse to sign a bill into a law, can be overidden by Congress