Shaping a New NationShaping a New Nation

Chapter 5Chapter 5

Coach BowlingCoach Bowling

Section 1Section 1

Experimenting with ConfederationExperimenting with Confederation

5.1 Objectives5.1 Objectives

Explain the differing ideas of Explain the differing ideas of RepublicanismRepublicanism

Identify three basic issues debated in Identify three basic issues debated in drafting the Articles of Confederationdrafting the Articles of Confederation

Describe the political and economic Describe the political and economic problems faced by the Confederationproblems faced by the Confederation

5.1 Main Idea5.1 Main Idea

Americans adopted the Articles of Americans adopted the Articles of Confederation but found the new Confederation but found the new government too weak to solve the government too weak to solve the nation’s problems.nation’s problems.

RepublicRepublic

Government which allows citizens to Government which allows citizens to rule through their elected rule through their elected representativesrepresentatives

Citizens elect people to voice their Citizens elect people to voice their opinionopinion

Sound familiar?Sound familiar?

RepublicanismRepublicanism

The idea that governments should be The idea that governments should be based on the consent of the peoplebased on the consent of the people

In other words, People make up the In other words, People make up the rules by electing people to represent rules by electing people to represent their viewstheir views

The New Nation’s ChallengeThe New Nation’s Challenge

What should the relationship be What should the relationship be between states?between states?

What should the relationship be What should the relationship be between state governments and the between state governments and the federal government?federal government?

The debates on this matter proved to The debates on this matter proved to be trying to the new nation.be trying to the new nation.

The Colonies Become StatesThe Colonies Become States

Each colony had its own government: Each colony had its own government: Governor, Courts, and AssembliesGovernor, Courts, and Assemblies

Colonists thought each colony was a Colonists thought each colony was a primary political unit (an individual primary political unit (an individual nation separate from others)nation separate from others)

Cont.Cont.

Most people felt more allegiance Most people felt more allegiance toward their colonytoward their colony

They were reluctant to unite under a They were reluctant to unite under a strong, central governmentstrong, central government

The challenge: Develop a government The challenge: Develop a government that balanced the interests of the 13 that balanced the interests of the 13 states and those of the nationstates and those of the nation

Unity through a RepublicUnity through a Republic

Democracy – rule by the peopleDemocracy – rule by the people

Problems – too many uneducated Problems – too many uneducated people would have powerpeople would have power

Favored a Favored a RepublicRepublic

Cont.Cont.

Arguments aroseArguments arose

John Dickinson – “Virtuous people are John Dickinson – “Virtuous people are needed. Good of the nation above needed. Good of the nation above self-interests.”self-interests.”

Adam Smith – “Self-interest. People Adam Smith – “Self-interest. People should pursue their own goals and should pursue their own goals and interests.”interests.”

State ConstitutionsState Constitutions

Many similarities between each one:Many similarities between each one:

Limited powers of government officialsLimited powers of government officialsGuaranteed personal rights & libertiesGuaranteed personal rights & libertiesEmphasized libertyEmphasized libertyReflected a fear of a centralized Reflected a fear of a centralized

authorityauthority

ContCont

Differences in state constitutionsDifferences in state constitutions

Voting rightsVoting rightsPower of the GovernmentPower of the GovernmentWomen’s rightsWomen’s rights

Political PrecedentsPolitical Precedents

Where should the new nation look to as a Where should the new nation look to as a guide for their ideal government?guide for their ideal government?

Most nations at this time were MonarchiesMost nations at this time were Monarchies

1717thth Century England, Middle Ages, Rome, Century England, Middle Ages, Rome, GreeceGreece

None were sufficient enough to use as an None were sufficient enough to use as an exact replicaexact replica

The Continental CongressThe Continental Congress

DISAGREEMENT from the beginning: 3 DISAGREEMENT from the beginning: 3 questions had to be answeredquestions had to be answered

Should states be represented by Should states be represented by population or size?population or size?

Can Supreme Power be divided?Can Supreme Power be divided?

Who gets the West?Who gets the West?

Population or State?Population or State?

States had different wealth, States had different wealth, population, and sizepopulation, and size

Same number of representatives Same number of representatives regardless of population and Size regardless of population and Size oror equal representation?equal representation?

Decision – each state would have one Decision – each state would have one votevote

Supreme Power?Supreme Power?

Can power be shared between states Can power be shared between states and a federal government?and a federal government?

Proposal – Proposal – Articles of Articles of ConfederationConfederation

Government would be known as a Government would be known as a confederationconfederation – an alliance of states – an alliance of states

Articles of ConfederationArticles of Confederation

National government’s powers: declare National government’s powers: declare war, make peace, sign treaties, borrow war, make peace, sign treaties, borrow money, set standards for coins, money, set standards for coins, establish a postal service, and deal establish a postal service, and deal with Nativeswith Natives

It did not establish an executive It did not establish an executive department (president) or a national department (president) or a national court system (no interpretation of laws)court system (no interpretation of laws)

Western Lands?Western Lands?

Caused a 2 year delay in approval of Caused a 2 year delay in approval of A.o.C. A.o.C.

12 states had previously approved, 12 states had previously approved, Maryland did notMaryland did not

Some states had claims to land in the Some states had claims to land in the West, Maryland did notWest, Maryland did not

Cont.Cont.

They feared that Larger states would They feared that Larger states would overpower smaller ones by gaining overpower smaller ones by gaining landland

Forced States to turn land over to the Forced States to turn land over to the national governmentnational government

ResultResult

The Articles of Confederation went The Articles of Confederation went into effect March 1781into effect March 1781

It was the It was the firstfirst set of laws for the set of laws for the U.S.U.S.

NOTNOT the Constitution the Constitution

Land Ordinance Act of 1785Land Ordinance Act of 1785

Established a plan for surveying landEstablished a plan for surveying land

Government needed to use land to Government needed to use land to make moneymake money

Township = 36 Square MilesTownship = 36 Square MilesDivided into 36 Sections and soldDivided into 36 Sections and soldMinimum Price = 1 DollarMinimum Price = 1 Dollar

Northwest Ordinance of 1787Northwest Ordinance of 1787

Congress divided Western lands into Congress divided Western lands into territoriesterritories

Set requirements for admission of Set requirements for admission of new statesnew states

These overlooked Native ClaimsThese overlooked Native Claims

Cont.Cont.

Congress appointed Governors and Congress appointed Governors and Judges for territoriesJudges for territories

When territory had 5,000 voting settlers When territory had 5,000 voting settlers it could elect its own government officialsit could elect its own government officials

When total population reached 60k, When total population reached 60k, territories would write their own territories would write their own constitution and ask Congress for constitution and ask Congress for approvalapproval

ResultResult

These 2 Congressional Acts would These 2 Congressional Acts would prove essential in the growth of the prove essential in the growth of the United StatesUnited States

The Confederation Encounters The Confederation Encounters Problems!!!Problems!!!

Economic Problems: National Debt & Economic Problems: National Debt & TaxationTaxation

Political Problems: Congressional Political Problems: Congressional Representation & International Representation & International ProblemsProblems

Political ProblemsPolitical Problems

No National UnityNo National Unity

Equal Representation “disabled” Equal Representation “disabled” Large StatesLarge States

A.o.C. could not be amended w/o A.o.C. could not be amended w/o approval of all statesapproval of all states

Economic ProblemsEconomic Problems

Revolutionary War Debt = $190 Million Revolutionary War Debt = $190 Million

Currency was worthless due to inflationCurrency was worthless due to inflation

Money was borrowed from foreign sourcesMoney was borrowed from foreign sources

Taxes could not be imposedTaxes could not be imposed

Tariffs were voted down by one state, RI, Tariffs were voted down by one state, RI, which prevented it for all stateswhich prevented it for all states

Cont.Cont.

Creditors (Lenders) vs. Debtors Creditors (Lenders) vs. Debtors (Borrowers)(Borrowers)

Wealthy people supported high taxes Wealthy people supported high taxes so they could be paid backso they could be paid back

This caused farmers to go bankruptThis caused farmers to go bankrupt

Cont.Cont.

Also argued over the usefulness of Also argued over the usefulness of Paper MoneyPaper Money

Borrowers wanted to increase the Borrowers wanted to increase the supply of paper money – this would supply of paper money – this would lessen its value and debts could be paid lessen its value and debts could be paid more easilymore easily

Lenders wanted to halt production of Lenders wanted to halt production of money so its full value could be attainedmoney so its full value could be attained

Foreign-Relations ProblemsForeign-Relations Problems

U.S. could not repay debts to other U.S. could not repay debts to other nationsnations

Could not repay British MerchantsCould not repay British Merchants

Loyalists were not paid for property Loyalists were not paid for property losseslosses

Cont.Cont.

Britain refused to evacuate its Britain refused to evacuate its military from the Great Lakes regionmilitary from the Great Lakes region

Spain posed a threat; closed the MS Spain posed a threat; closed the MS river to American navigationriver to American navigation

Weaknesses Cause AlarmWeaknesses Cause Alarm

Due to the previously mentioned Due to the previously mentioned problems, Congress decided problems, Congress decided something had to be done something had to be done

The country was doomed for failure if The country was doomed for failure if nothing changednothing changed

Section 2Section 2

Drafting the ConstitutionDrafting the Constitution

5.2 Objectives5.2 Objectives

Identify events that led nationalist leaders to Identify events that led nationalist leaders to call for a convention to strengthen the call for a convention to strengthen the governmentgovernment

Summarize the key conflicts at the Summarize the key conflicts at the Constitutional Convention and explain how Constitutional Convention and explain how they were resolvedthey were resolved

Describe the form of government Describe the form of government established by the Constitutional Conventionestablished by the Constitutional Convention

5.2 Main Idea5.2 Main Idea

At the Philadelphia convention in At the Philadelphia convention in 1787, delegates rejected the Articles 1787, delegates rejected the Articles of Confederation and created a new of Confederation and created a new constitutionconstitution

Daniel ShaysDaniel Shays

Farmer & Veteran from Western Farmer & Veteran from Western MassachusettsMassachusetts

Was in debt and faced prisonWas in debt and faced prison

Led an army of 1,200 farmers to Springfield, Led an army of 1,200 farmers to Springfield, MA to demand court closingsMA to demand court closings

Rebellion was put down and 4 farmers were Rebellion was put down and 4 farmers were killedkilled

Shays’ RebellionShays’ Rebellion

Caused alarm throughout nationCaused alarm throughout nation

Nation’s reputation was in dangerNation’s reputation was in danger

States placed limits on government States placed limits on government which led to it being too weakwhich led to it being too weak

Call for ConventionCall for Convention

Trade between states was an Trade between states was an enormous problemenormous problem

States were placing high taxes on States were placing high taxes on other states goodsother states goods

Caused farmers to lose money b/c no Caused farmers to lose money b/c no one wanted to purchase taxed goodsone wanted to purchase taxed goods

Cont.Cont.

James Madison of VA and Alexander James Madison of VA and Alexander Hamilton of NY called for a states’ Hamilton of NY called for a states’ conventionconvention

Only 5 of 13 states were present at Only 5 of 13 states were present at the convention in Annapolis, MDthe convention in Annapolis, MD

The following year another The following year another convention was held in Philadelphiaconvention was held in Philadelphia

Cont.Cont.

This time, due to Shays’ Rebellion, This time, due to Shays’ Rebellion, 12 of the 13 states sent delegates12 of the 13 states sent delegates

Rhode Island did not send delegatesRhode Island did not send delegates

Meeting was held in the same room Meeting was held in the same room the Dec. of Ind. was signed inthe Dec. of Ind. was signed in

Cont.Cont.

Windows and doors were kept shut Windows and doors were kept shut so outsiders would not know what so outsiders would not know what was occurring insidewas occurring inside

Total = 55 delegatesTotal = 55 delegates

George Washington was elected George Washington was elected presiding officer of the conventionpresiding officer of the convention

Constitutional ConventionConstitutional Convention

Delegates decided quickly to give up Delegates decided quickly to give up on the Articles of Confederationon the Articles of Confederation

They approached each problem They approached each problem individually in order to create a individually in order to create a government that would workgovernment that would work

Big States vs. Small StatesBig States vs. Small States

James Madison (VA) proposed a James Madison (VA) proposed a bicameral (2 house) legislature w/ bicameral (2 house) legislature w/ membership based on populationmembership based on population

Ex.) Citizens would elect lower Ex.) Citizens would elect lower house; lower house would appoint house; lower house would appoint members to upper housemembers to upper house

Known as Known as Virginia PlanVirginia Plan

Cont.Cont.

William Patterson (NJ) proposed a William Patterson (NJ) proposed a unicameral (1 house) legislature with unicameral (1 house) legislature with representation distributed equallyrepresentation distributed equally

Ex.) Every state would have the Ex.) Every state would have the same amount of votessame amount of votes

Known as Known as New Jersey PlanNew Jersey Plan

The Great CompromiseThe Great Compromise

Also known as the Also known as the Connecticut Connecticut CompromiseCompromise

Proposed by Roger ShermanProposed by Roger Sherman

Offered a bicameral (2 house) Offered a bicameral (2 house) legislature that brought both plans legislature that brought both plans togethertogether

Cont.Cont.

The upper-house would be known as The upper-house would be known as the the SenateSenate and would have equal and would have equal representation among statesrepresentation among states

The lower-house would be known as The lower-house would be known as the the House of RepresentativesHouse of Representatives and and would be based on states’ populationwould be based on states’ population

Cont.Cont.

Voters of each state would vote for Voters of each state would vote for House of Representatives; they, in House of Representatives; they, in turn, would appoint members to the turn, would appoint members to the SenateSenate

The plan was supported by both sidesThe plan was supported by both sides

*** The Senate is now elected*** The Senate is now elected

Slavery IssuesSlavery Issues

Should slaves count as part of populationShould slaves count as part of population

Southern states wanted slaves counted, Southern states wanted slaves counted, Northern states did notNorthern states did not

Came to the agreement that each slave Came to the agreement that each slave would count as 3/5 of a personwould count as 3/5 of a person

Known as Known as Three-Fifths CompromiseThree-Fifths Compromise

Cont.Cont.

Southerners were afraid that Southerners were afraid that Northerners would remove slavery Northerners would remove slavery from the nationfrom the nation

Convention allowed Congress to Convention allowed Congress to regulate foreign trade, regulate foreign trade, BUTBUT it could it could not interfere w/ slave trade for at not interfere w/ slave trade for at least 20 yearsleast 20 years

Division of PowersDivision of Powers

A new system of government was createdA new system of government was created

Known as Known as FEDERALISM FEDERALISM – divided power – divided power between federal and state governmentsbetween federal and state governments

Powers granted to Federal Gov’t were Powers granted to Federal Gov’t were known as known as Delegated PowersDelegated Powers (Enumerated (Enumerated Powers)Powers)

Cont.Cont.

Allowed federal government to Allowed federal government to control foreign affairs, provide a control foreign affairs, provide a national defense, regulate trade national defense, regulate trade between states, and coin moneybetween states, and coin money

Reserved PowersReserved Powers were given to state were given to state governmentsgovernments

Cont.Cont.

Provided states control of education, Provided states control of education, establishing marriage laws, and establishing marriage laws, and regulation of trade within the stateregulation of trade within the state

Both Divisions could tax, borrow Both Divisions could tax, borrow money, and pay debtsmoney, and pay debts

They could both establish courtsThey could both establish courts

Separation of PowersSeparation of Powers

States’ rights were protected, BUT States’ rights were protected, BUT some powers were given exclusively some powers were given exclusively to the Federal Governmentto the Federal Government

However, the authority of the However, the authority of the National Government would be National Government would be limitedlimited

Cont.Cont.

Delegates created Delegates created 33 branches of branches of government (executive, judicial, and government (executive, judicial, and legislative)legislative)

Legislative BranchLegislative Branch – Make laws – Make lawsJudicial BranchJudicial Branch – Interpret laws – Interpret lawsExecutive BranchExecutive Branch – Enforce laws – Enforce laws

Cont.Cont.

Delegates also established a system Delegates also established a system of of CHECKS and BALANCESCHECKS and BALANCES

Prevented one branch from Prevented one branch from dominating anotherdominating another

Ex.) Congress passes a law; President Ex.) Congress passes a law; President has right to veto law; Supreme Court has right to veto law; Supreme Court can rule law unconstitutionalcan rule law unconstitutional

Electing a PresidentElecting a President

Problems = 1.) No political parties; 2.) Problems = 1.) No political parties; 2.) There would be regional candidates due to There would be regional candidates due to limited communication; 3.) Upper classes limited communication; 3.) Upper classes feared lower classesfeared lower classes

Solution = Solution = Electoral CollegeElectoral College

Group of electors chosen by states based Group of electors chosen by states based on the number of Senators & on the number of Senators & Representatives a state had… Today = Representatives a state had… Today = Alabama has Alabama has 99 votes votes

Creating the ConstitutionCreating the Constitution

The result of the convention was a The result of the convention was a document known as document known as The ConstitutionThe Constitution

It would prove to be (and still is) flexible for It would prove to be (and still is) flexible for years to comeyears to come

Voters had to agree on the documentVoters had to agree on the document

It was sent to Congress for approval, and It was sent to Congress for approval, and then it would be sent to the states for then it would be sent to the states for approvalapproval

Food for ThoughtFood for Thought

George Washington, presiding officer George Washington, presiding officer of the convention, did not see a of the convention, did not see a bright future for the Constitutionbright future for the Constitution

““I do not expect the Constitution to I do not expect the Constitution to last for more than 20 years”last for more than 20 years”

Section 3Section 3

Ratifying the Constitution Ratifying the Constitution

5.3 Objectives5.3 Objectives

Contrast Federalist and Anti-Contrast Federalist and Anti-Federalist arguments over Federalist arguments over ratification of the Constitutionratification of the Constitution

Explain how and why the Bill of Explain how and why the Bill of Rights was added to the ConstitutionRights was added to the Constitution

5.3 Main Idea5.3 Main Idea

During the debate on the During the debate on the Constitution, the Federalists Constitution, the Federalists promised to add a bill of rights in promised to add a bill of rights in order to get the Constitution ratifiedorder to get the Constitution ratified

Controversies Arise Controversies Arise

Americans thought the Convention Americans thought the Convention was held to amend the Articles of was held to amend the Articles of ConfederationConfederation

They did not expect a new documentThey did not expect a new document

Cont.Cont.

States held constitutional States held constitutional conventionsconventions

Delegates voted to accept or reject Delegates voted to accept or reject the Constitutionthe Constitution

RatificationRatification – Official Approval – Official Approval

Cont.Cont. Ratification required approval of Ratification required approval of 99 States States

Framers campaigned for delegates who would Framers campaigned for delegates who would support Constitution rather than oppose itsupport Constitution rather than oppose it

FederalistsFederalists – people who supported the – people who supported the Constitution b/c they supported balance of Constitution b/c they supported balance of power between state & national governmentpower between state & national government

Anti-FederalistsAnti-Federalists – people who opposed the – people who opposed the Constitution b/c of a strong central Constitution b/c of a strong central governmentgovernment

Federalists ArgumentsFederalists Arguments

Insisted that the division of powers Insisted that the division of powers and system of checks and balances and system of checks and balances would protect citizens from tyrannywould protect citizens from tyranny

Federalism would prevent Federalism would prevent domination of one sidedomination of one side

No Branch had more powerNo Branch had more power

Anti-Federalist ArgumentsAnti-Federalist Arguments

Felt government would ignore rights Felt government would ignore rights of majority and play to interests of of majority and play to interests of minority (favor rich, neglect poor)minority (favor rich, neglect poor)

A single government cannot manage A single government cannot manage the affairs of a large countrythe affairs of a large country

Main Argument: It did Main Argument: It did NOTNOT protect protect Individual RightsIndividual Rights

The Opposing ForcesThe Opposing Forces

FederalistsFederalists = Washington, Madison, = Washington, Madison, HamiltonHamilton

Received support from cities w/ Received support from cities w/ merchants, laborers, and skilled merchants, laborers, and skilled workersworkers

Small states w/ weak economies also Small states w/ weak economies also favored a strong central government favored a strong central government that would protect their intereststhat would protect their interests

Cont.Cont.

Anti-Federalists –Anti-Federalists – Patrick Henry, Patrick Henry, Sam Adams, and Richard Henry LeeSam Adams, and Richard Henry Lee

Received support from rural areasReceived support from rural areas

Large states w/ large economies (NY)Large states w/ large economies (NY)

The FederalistThe Federalist

85 Essays defending the Constitution85 Essays defending the Constitution

Written by: Hamilton, Madison, & JayWritten by: Hamilton, Madison, & Jay

Authors remained a secret until 1804Authors remained a secret until 1804

Tried to rally supportTried to rally support

Letters from the Federal Letters from the Federal FarmerFarmer

Anti-Federalist publicationAnti-Federalist publication

Probably written by Richard Henry Probably written by Richard Henry LeeLee

Believed certain personal rights Believed certain personal rights should be protectedshould be protected

The Bill of RightsThe Bill of Rights

The Constitution did not guarantee the The Constitution did not guarantee the rights of individuals would be rights of individuals would be protectedprotected

Cause a drawback in its approvalCause a drawback in its approval

Anti-Federalists believed a Bill of rights Anti-Federalists believed a Bill of rights was needed since states’ rights were was needed since states’ rights were limitedlimited

Cont.Cont.

Federalists argued that it did protect Federalists argued that it did protect individual rights b/c it limited Federal individual rights b/c it limited Federal government’s powergovernment’s power

Also argued that people were Also argued that people were responsible b/c they elected responsible b/c they elected representativesrepresentatives

The AgreementThe Agreement

Federalists – “We will include a Bill of Federalists – “We will include a Bill of Rights”Rights”

Anti-Federalists – “When you do, We Anti-Federalists – “When you do, We will ratify the Constitution”will ratify the Constitution”

RatificationRatification

Required approval by Required approval by 99 states states

Delaware was the 1Delaware was the 1stst to ratify the to ratify the Constitution (1Constitution (1stst State) State)

New Hampshire was the 9New Hampshire was the 9thth state to ratify state to ratify

Problem – Neither NY or VA had approved Problem – Neither NY or VA had approved yet; government absolutely needed these to yet; government absolutely needed these to ratifyratify

The Virginia ArgumentThe Virginia Argument

Patrick Henry, Richard Henry Lee, Patrick Henry, Richard Henry Lee, and James Monroe led a strong and James Monroe led a strong oppositionopposition

Argued that people were placing Argued that people were placing themselves under the rule of an themselves under the rule of an absoluteabsolute ruler ruler

The New York ArgumentThe New York Argument

Alexander Hamilton & John Jay vs. Alexander Hamilton & John Jay vs. AntifederalistsAntifederalists

The FederalistThe Federalist was used to campaign was used to campaign for ratificationfor ratification

Eventually ratified the document by Eventually ratified the document by 3 votes3 votes

Cont.Cont.

Rhode Island did not ratify until 1790Rhode Island did not ratify until 1790

NH ratified in 1788NH ratified in 1788

What about the Bill of Rights?What about the Bill of Rights?

The Bill of RightsThe Bill of Rights

September 1789 – Congress submitted 12 September 1789 – Congress submitted 12 amendments to State Legislatures for amendments to State Legislatures for ratificationratification

¾ of the states had ratified 10 amendments ¾ of the states had ratified 10 amendments by 1791by 1791

11stst eight – deal with personal liberties eight – deal with personal liberties

9 & 10 – deal with governmental powers9 & 10 – deal with governmental powers

Cont.Cont.

Native Americans – EXCLUDEDNative Americans – EXCLUDED

African Americans – EXCLUDEDAfrican Americans – EXCLUDED

Women – EXCLUDEDWomen – EXCLUDED

*** African-Americans could vote in *** African-Americans could vote in some Northern Statessome Northern States

Cont.Cont.

The U.S. Constitution would serve The U.S. Constitution would serve (and continues to) as a model for (and continues to) as a model for governments throughout the worldgovernments throughout the world

Section 4Section 4

The Living ConstitutionThe Living Constitution

5.4 Objectives5.4 Objectives

Analyze the principles of the United Analyze the principles of the United States Constitution States Constitution

Summarize the purposes and Summarize the purposes and processes of changing the U.S. processes of changing the U.S. ConstitutionConstitution

5 Purposes of Constitution5 Purposes of Constitution

Establish LegitimacyEstablish Legitimacy

Create Appropriate StructuresCreate Appropriate Structures

Describe and Distribute PowerDescribe and Distribute Power

Limit Government PowersLimit Government Powers

Allow for ChangeAllow for Change

PreamblePreamble

We the people of the United States,We the people of the United States,…, do ordain and establish this …, do ordain and establish this Constitution for the United States of Constitution for the United States of AmericaAmerica

Sets forward six concepts behind the Sets forward six concepts behind the constitution constitution

Article I: The LegislatureArticle I: The Legislature

Section 1: Splits the Legislature into Section 1: Splits the Legislature into 2 houses2 houses

Section 2: The House of Section 2: The House of RepresentativesRepresentatives

Section 3: The SenateSection 3: The Senate

Cont.Cont.

Section 4: Congressional ElectionsSection 4: Congressional Elections

Section 5: Rules and ProceduresSection 5: Rules and Procedures

Section 6: Payment and PrivilegesSection 6: Payment and Privileges

Section 7: How a bill becomes a LawSection 7: How a bill becomes a Law

Cont.Cont.

Section 8: Powers Granted to Section 8: Powers Granted to CongressCongress

Section 9: Powers Denied CongressSection 9: Powers Denied Congress

Section 10: Powers Denied the StatesSection 10: Powers Denied the States

Article II: The ExecutiveArticle II: The Executive

Section 1: The PresidencySection 1: The Presidency

A. Terms of Office – 4 yearsA. Terms of Office – 4 years

B. Electoral College – Vote for presidentB. Electoral College – Vote for president

C. Qualifications – Natural Born Citizen, C. Qualifications – Natural Born Citizen, 3535

D. Succession – Vice PresidentD. Succession – Vice President

E. Salary - > $500kE. Salary - > $500k

F. Oath of Office – Said before entrance F. Oath of Office – Said before entrance

Cont.Cont.

Section 2: Powers of the PresidentSection 2: Powers of the President

A. Military Powers – President is A. Military Powers – President is Commander in Chief, Can require Commander in Chief, Can require opinion of Executive Departments, opinion of Executive Departments, Can grant pardons and reprieves Can grant pardons and reprieves except in the case of impeachmentexcept in the case of impeachment

Cont.Cont.

Section 2: Powers of the PresidentSection 2: Powers of the President

B. Treaties, AppointmentsB. Treaties, Appointments

C. VacanciesC. Vacancies

Cont.Cont.

Section 3: Presidential DutiesSection 3: Presidential Duties

Section 4: ImpeachmentSection 4: Impeachment

Article III: The JudiciaryArticle III: The Judiciary

Section 1: Federal Courts and JudgesSection 1: Federal Courts and Judges

- Establishes Supreme Court- Establishes Supreme Court

Section 2: The Court’s AuthoritySection 2: The Court’s Authority

1. General Authority1. General Authority

2. Supreme Court2. Supreme Court

3. Trial by Jury3. Trial by Jury

Cont.Cont.

Section 3: TreasonSection 3: Treason

1. Definition 1. Definition

2. Punishment 2. Punishment

Article IV: Relations Among Article IV: Relations Among StatesStates

Section 1: State Acts and RecordsSection 1: State Acts and Records

Section 2: Rights of CitizensSection 2: Rights of Citizens

A. CitizenshipA. Citizenship

B. ExtraditionB. Extradition

Cont.Cont.

Section 3: New StatesSection 3: New States

A. AdmissionA. Admission

B. Congressional AuthorityB. Congressional Authority

Section 4: Guarantees to the StatesSection 4: Guarantees to the States

Article V: Amending the Article V: Amending the ConstitutionConstitution

There are now 27 amendments to There are now 27 amendments to the constitutionthe constitution

There are 2 methods for proposing There are 2 methods for proposing and ratifying amendments and ratifying amendments

Article VI: Supremacy of the Article VI: Supremacy of the National GovernmentNational Government

Section 1: Valid DebtsSection 1: Valid Debts

Section 2: Supreme LawSection 2: Supreme Law

Section 3: Loyalty to ConstitutionSection 3: Loyalty to Constitution

Article VII: RatificationArticle VII: Ratification

Approval of 9 of the 13 statesApproval of 9 of the 13 states

39 delegates of the 55 which 39 delegates of the 55 which attended signed the Constitutionattended signed the Constitution

The Bill of RightsThe Bill of Rights

Proposed by Congress September 25, Proposed by Congress September 25, 17891789

Ratified December 15, 1791Ratified December 15, 1791

Amendment IAmendment I

Freedom of Religion, Speech, Press, Freedom of Religion, Speech, Press, and Assembly (1791)and Assembly (1791)

The first amendment protects the The first amendment protects the civil liberties of individual citizenscivil liberties of individual citizens

Amendment IIAmendment II

Bearing Arms (1791)Bearing Arms (1791)

Does it really mean the right to carry Does it really mean the right to carry weapons?weapons?

Amendment IIIAmendment III

Quartering Troops (1791)Quartering Troops (1791)

People have a right to privacy in their People have a right to privacy in their own homesown homes

Based on Colonists grievances to Based on Colonists grievances to Britain during American RevolutionBritain during American Revolution

Amendment IVAmendment IV

Searches and Seizures (1791)Searches and Seizures (1791)

Protects PrivacyProtects Privacy

Must be a reasonable cause for Must be a reasonable cause for searchsearch

Evidence seized illegally cannot be Evidence seized illegally cannot be used in courtused in court

Amendment VAmendment V

Rights of Accused Persons (1791)Rights of Accused Persons (1791)

- Person must be indicted by jury- Person must be indicted by jury- Double jeopardy - Double jeopardy - Military Law- Military Law- Martial Law- Martial Law- Person can refuse to answer - Person can refuse to answer questions that may incriminate themquestions that may incriminate them

Amendment VIAmendment VI

Right to a Speedy, Fair Trial (1791)Right to a Speedy, Fair Trial (1791)

- Impartial Jury- Impartial Jury

- Evidence is presented- Evidence is presented

- Witnesses from both sides- Witnesses from both sides

- Government must provide a lawyer- Government must provide a lawyer

Amendment VIIAmendment VII

Civil Suits (1791)Civil Suits (1791)

- $20 Amendment- $20 Amendment

- Jury trial is provided for in Civil Case- Jury trial is provided for in Civil Case

Amendment VIIIAmendment VIII

Bail and Punishment (1791)Bail and Punishment (1791)

- Bail cannot be to set to high- Bail cannot be to set to high

- No cruel and unusual punishment - No cruel and unusual punishment can be inflictedcan be inflicted

Amendment IXAmendment IX

Powers Reserved to the People Powers Reserved to the People (1791)(1791)

- People’s rights are not limited to - People’s rights are not limited to those found in the constitutionthose found in the constitution

Amendment XAmendment X

Powers Reserved to the States (1791)Powers Reserved to the States (1791)

- Protects states and people from a - Protects states and people from a powerful federal governmentpowerful federal government

- States that the people and states - States that the people and states retain all power except for those retain all power except for those specifiedspecified

Amendment XIAmendment XI

Suits Against States (1795)Suits Against States (1795)

- Lawsuits against a state cannot be - Lawsuits against a state cannot be tried in federal courttried in federal court

- Stems from - Stems from Chisholm v. GeorgiaChisholm v. Georgia

Amendment XIIAmendment XII

Election of President and Vice-Election of President and Vice-President (1804)President (1804)

- Changes Article II, Section 1, Clause - Changes Article II, Section 1, Clause 33

- States that voters are to cast - States that voters are to cast separate ballots for President and separate ballots for President and Vice PresidentVice President

Amendment XIIIAmendment XIII

Abolition of Slavery (1865)Abolition of Slavery (1865)

- Act which ended slavery- Act which ended slavery

- Prohibits the binding of a person to - Prohibits the binding of a person to service due to debtservice due to debt

- Congress had the Power to Enforce - Congress had the Power to Enforce by legislationby legislation

Amendment XIVAmendment XIV

Rights of Citizens (1868)Rights of Citizens (1868)

- Penalized Southern states that - Penalized Southern states that refused to grant all citizens the right refused to grant all citizens the right to voteto vote

- Kept Confederate leaders form - Kept Confederate leaders form serving in governmentserving in government

- War debts had to be paid- War debts had to be paid

Amendment XVAmendment XV

The Right to Vote (1870)The Right to Vote (1870)

- No longer left to states- No longer left to states

- Poll taxes would still be paid at - Poll taxes would still be paid at some placessome places

- Congress was given power to - Congress was given power to reinforce amendment by legislationreinforce amendment by legislation

Amendment XVIAmendment XVI

Income Tax (1913)Income Tax (1913)

- Supreme Court had previously - Supreme Court had previously stated that income taxes were stated that income taxes were unconstitutionalunconstitutional

- This amendment authorized a tax - This amendment authorized a tax based on a direct basisbased on a direct basis

Amendment XVIIAmendment XVII

Direct Election of Senators (1913)Direct Election of Senators (1913)

- Power to Elect Senators was given - Power to Elect Senators was given to each to the peopleto each to the people

- State must empower a person to fill - State must empower a person to fill a vacancy if necessarya vacancy if necessary

Amendment XVIIIAmendment XVIII

Prohibition of Alcoholic Beverages Prohibition of Alcoholic Beverages (1919)(1919)

- Prohibited the production, - Prohibited the production, transport, or sale of alcoholic transport, or sale of alcoholic beveragesbeverages

- repealed by the 21st- repealed by the 21st

Amendment XIXAmendment XIX

Women Suffrage (1920)Women Suffrage (1920)

- This gave all women the right to - This gave all women the right to votevote

- Congress had power to enforce - Congress had power to enforce legislationlegislation

Amendment XXAmendment XX

““Lame-Duck” Amendment (1933)Lame-Duck” Amendment (1933)

- Section 1: shortened length of time - Section 1: shortened length of time between election & inauguration between election & inauguration

- Section 2: a new congressional session - Section 2: a new congressional session begins on Jan. 3begins on Jan. 3

- Section 3: V-Pres. takes office if president - Section 3: V-Pres. takes office if president dies before inaugurationdies before inauguration

- Section 7: Ratification by states is 7 years- Section 7: Ratification by states is 7 years

Amendment XXIAmendment XXI

Repeal of Prohibition (1933)Repeal of Prohibition (1933)

- Ratified by state conventions rather - Ratified by state conventions rather than state legislaturesthan state legislatures

- It nullified the 18- It nullified the 18thth amendment amendment

Amendment XXIIAmendment XXII

Limit on Presidential Terms (1951)Limit on Presidential Terms (1951)

- President can only serve two terms- President can only serve two terms

Amendment XXIIIAmendment XXIII

Presidential Electors for the District Presidential Electors for the District of Columbia (1961)of Columbia (1961)

- People in Washington, D.C. now had - People in Washington, D.C. now had the right to vote for presidentthe right to vote for president

- They cast three electoral votes- They cast three electoral votes

Amendment XXIVAmendment XXIV

Abolition of the Poll Tax (1964)Abolition of the Poll Tax (1964)

- Poll taxes could no longer be used - Poll taxes could no longer be used in Presidential or Congressional in Presidential or Congressional ElectionsElections

- In 1966, Supreme Court banned - In 1966, Supreme Court banned them in state electionsthem in state elections

Amendment XXVAmendment XXV

Presidential Disability and Succession Presidential Disability and Succession (1967)(1967)

- Replacing the President & Vice-- Replacing the President & Vice-PresidentPresident

- Replacing President with Consent- Replacing President with Consent

- Replacing President w/o Consent- Replacing President w/o Consent

Amendment XXVIAmendment XXVI

Eighteen-Year-Old Vote (1971)Eighteen-Year-Old Vote (1971)

- Previously, one must be 21 to vote- Previously, one must be 21 to vote

- Vietnam played a large role on this- Vietnam played a large role on this

Amendment XXVIIAmendment XXVII

Restraint on Congressional Salaries Restraint on Congressional Salaries (1992)(1992)

- Any increase in salaries of members - Any increase in salaries of members of Congress will take place in the of Congress will take place in the next session of Congressnext session of Congress

QuestionsQuestions

Do you think Congress is still the Do you think Congress is still the branch of the Government that is branch of the Government that is most directly responsible to the most directly responsible to the people? Why or why not?people? Why or why not?

Cont.Cont.

Do you think electing members of Do you think electing members of the House of Representatives every the House of Representatives every two years is a good idea? Why or two years is a good idea? Why or why not?why not?

Cont.Cont.

Do you think it is important today for Do you think it is important today for the Senate to have more stability the Senate to have more stability than the House of Representatives? If than the House of Representatives? If so, why?so, why?

Cont.Cont.

Do you think a president should be Do you think a president should be put on trial for a crime while he/she put on trial for a crime while he/she is still in office? Why or why not?is still in office? Why or why not?

Cont.Cont.

Why do you think the chair of the Why do you think the chair of the Rules Committee is a powerful Rules Committee is a powerful position?position?

Do you think it should be easier for Do you think it should be easier for Congress to override a presidential Congress to override a presidential veto? Why or Why not?veto? Why or Why not?

Cont.Cont.

Why do you think the Elastic Clause Why do you think the Elastic Clause is still important today?is still important today?

Why are American Citizens today so Why are American Citizens today so intent on having protections against intent on having protections against government violations of their rights?government violations of their rights?

Cont.Cont.

Why is it important to have an Why is it important to have an executive who is the chief executive who is the chief administrator?administrator?

Why is it important to know the order Why is it important to know the order of succession if a president dies in of succession if a president dies in office?office?

Cont.Cont.

Why is it important that the Why is it important that the commander in chief of the armed commander in chief of the armed forces of the U.S. be a civilian rather forces of the U.S. be a civilian rather than a military general?than a military general?

How does the president use the State How does the president use the State of the Union address today?of the Union address today?

Cont.Cont.

Why do you think the framers of the Why do you think the framers of the Constitution created such an elaborate Constitution created such an elaborate and seemingly difficult procedure for and seemingly difficult procedure for removing a sitting president?removing a sitting president?

Why is judicial review, although not Why is judicial review, although not mentioned in the Constitution, an mentioned in the Constitution, an important activity of the Supreme important activity of the Supreme Court?Court?

Cont.Cont.

Do you think it is fair that a non-Do you think it is fair that a non-resident must pay higher tuition fees resident must pay higher tuition fees at a state college than a resident at a state college than a resident must pay? Explain.must pay? Explain.

Suppose a section of Texas should Suppose a section of Texas should decide to become a new state today. decide to become a new state today. Could it do this? Why or why not?Could it do this? Why or why not?

Cont.Cont.

What would happen if the National What would happen if the National Law was not supreme?Law was not supreme?

Do you think all 50 states would Do you think all 50 states would ratify the Constitution today? Why or ratify the Constitution today? Why or why not?why not?

Presidential Succession (1-8)Presidential Succession (1-8)

Vice-President (Biden)Vice-President (Biden)Speaker of the House (Pelosi)Speaker of the House (Pelosi)President Pro Tempore (Byrd)President Pro Tempore (Byrd)Secretary of the State (Clinton)Secretary of the State (Clinton)Secretary of the Treasury (Geithner)Secretary of the Treasury (Geithner)Secretary of Defense (Gates)Secretary of Defense (Gates)Attorney General (Holder)Attorney General (Holder)Secretary of the Interior (Salazar)Secretary of the Interior (Salazar)

Presidential Succession (9-Presidential Succession (9-16)16)

Secretary of Agriculture Secretary of Agriculture Secretary of Commerce Secretary of Commerce Secretary of LaborSecretary of LaborSecretary of Health & Human ServicesSecretary of Health & Human ServicesSecretary of H.U.D.Secretary of H.U.D.Secretary of TransportationSecretary of TransportationSecretary of EnergySecretary of EnergySecretary of Education (Duncan)Secretary of Education (Duncan)

Presidential SuccessionPresidential Succession

Secretary of Veterans AffairsSecretary of Veterans AffairsSecretary of Homeland Security Secretary of Homeland Security

(Napolitano)(Napolitano)

How a Bill becomes a LawHow a Bill becomes a Law

1. Introduced in Congress and sent to 1. Introduced in Congress and sent to a committeea committee

2. Bill may be reported out of 2. Bill may be reported out of committee with or w/o changes; it may committee with or w/o changes; it may be shelvedbe shelved

3. One house debates the bill, can 3. One house debates the bill, can make changes, voted on, sent to other make changes, voted on, sent to other chamber if passedchamber if passed

Cont.Cont.

4. If both houses pass different 4. If both houses pass different versions of bill it is sent to a versions of bill it is sent to a conference committeeconference committee

5. Conference committee presents one 5. Conference committee presents one version to both chambersversion to both chambers

6. If it passes both chambers, bill is 6. If it passes both chambers, bill is sent to the Presidentsent to the President

Cont.Cont.

7. President can either sign the bill or 7. President can either sign the bill or veto the billveto the bill

8. If president vetoes, it goes back to 8. If president vetoes, it goes back to Congress where it must pass both Congress where it must pass both houses with a 2/3 votehouses with a 2/3 vote