5 Mins for DO NOW

8th Grade

Come in, grab a packet… get ready!

Introduction

In the spring and summer of ______ , ______ men met in ___________________________.

These men knew a great deal about _______________________.

This is the story………..

1787 55Philadelphia

government

Philadelphia Convention

Why Study The British in North America?

• Colonists from France, Spain, the Netherlands and ____________________________ started arriving in North America in the __________. They settled on the _________ coast.

• We will focus on the ___________________ - these ___________ colonies will become the United States of ______________________.

Great Britain1600s

East

British Colonies13

America!

• The British colonists were ___________________ of ____________________________ of Great Britain being a subject meant they were under the rule of a monarch.

subjectsKing George III

• Knowing that the colonists were frustrated under the rule of a _____________________- one person, NOT elected, that’s in control of everyone, will help us understand why the colonists were frustrated with the _________________________________.

monarch

King= British Gov= Monarch

X

X

• Government means the people and institutions (such as _________________________) with the _________________________(aka power) to ________ and _________ the ____________.

• ALSO, with the power to ________________________ the laws if they felt they were ______________________.

Police, judges, officialsauthority

make enforce laws

changeunjust

• = They had no power, they were ________________!!!ANGRY!

• The Liberty Tree (1646–1775) was a famous tree that stood in Boston, in the days before the American Revolution. The tree was a rallying point for the growing resistance to the rule of Britain over the American Colonies. In the years that followed, almost every American town had its own Liberty Tree—a living symbol of popular support for individual liberty and resistance to tyranny. In 1765 the British government imposed a STAMP ACT on the American colonies. It required all legal documents, permits, commercial contracts, newspapers, pamphlets, and playing cards in the American colonies to carry a STAMP ACT. Because the Act applied to papers, newspapers, advertisements, and other publications and legal documents, it was viewed by the colonists as a means of censorship, or a "knowledge tax," on the rights of the colonists to write and read freely.

What Were the Colonies Like?

• Boston, New York and Philadelphia were the largest cities in the _________________.

• Most people in cities made a living by _____________________, ________________,

________, or ______________________.• BUT ______ (Wow that’s almost everybody!!!) of

the colonists were _____________________• Farms in the __________________, were typically

much smaller than farms in the ______________________.

colonies

professions tradescrafts small factories

90%farmers

North

South

• Since the Southern farms were so big, they needed A LOT of people to run the farm. Southern farms often had _____________________________, (who willingly exchanged physical labor for the passage from Europe) and ___________________ clearly unwilling. Hmmm Foreshadowing anyone?

• Since the farms were often miles from the nearest town, people had to become ___________________________ - which means they had to be able to take care of themselves.

indentured servants

slaves

self-sufficient

• STOP AND THINK- Why would self sufficiency have to do with the dislike of a monarch that was overseas?

Colonial Life Was Pretty Awesome!

• The typical colonial family had the HIGHEST ____________________________________ in the entire _______________________!!! The land was _______________ and crops grew well.

• As a result the food grew better, and people were ____________________________.

• The colonists were also better _________________________ than people in _______________.

standard of livingWORLDfertile

healthier

EDUCATEDEurope

• Since most immigrants were from ___________, most people spoke _________.

• Yet there were people from ALL over _____________________ (and ___________.)

• And they brought with them their own ________________, ___________________, _________________, and _______________, making colonies very __________________.

England English

Europe Africa

traditions religionsfood culture

diverse

• STOP AND THINK- What was the 1 thing that UNITED all of these different people?

• ALSO, unlike ____________, there was not a HUGE difference in ____________. In the colonies there was NO _____________________, and no _____________________________.

• People were more ________________- a person could get rich AND elected for _____________.

Englandwealth

royaltytitles/ nobility

EQUAL

hard work

• A greater percentage of colonists could READ AND WRITE than Europeans- the most popular publications were the ________________________________ Hmm, foreshadowing anyone?

news papers

STOP AND THINK- Why could a non divide social class and high literacy AND circulation of a News Paper positively affect a dislike of a monarchy?

So If I Was an Immigrant, I Really Could Live the American Dream!?

• Well…. Not quite- ___________ of the population was made up of ____________ from Africa.

• Slavery was legal in both the North and South and will continue until 1865.

• While MANY people had opportunities to gain wealth and _________________, it was mostly white men (not Native Americans, Africans, Women or other minorities) that could ________.

20%slaves

power

vote

• What does voting give you!?

• But… Even though it was white men that voted, it was a diverse ___________________ group of men.

• America was full of land- which ________ free white man could buy (rich, poor- remember, unlike England there was ____ nobility!) and with only ____ acres you could vote!!!

• More people in the colonies had the RIGHT to _______ than any other country in the ______

Socio- economic

ANY

NO50

VOTE world!

STOP AND THINK- Why is voting SUCH a huge and IMPORTANT right?

STOP AND THINK- Even though this country isn’t perfect, why was it A HUGE

improvement?

So… What Did Colonists Value Anyways?

• Since colonists were ___________________ , they REALLY valued ______________________.

• Basically, they didn’t like being told ________________________.

• The people of the colonies thought they were ___________________ to the people of Europe, because they viewed it as _______________, filled with _______________________- which they viewed as __________________.

self-sufficient freedom

what to do!

superior (better)corrupt

monarchsunjust

• Colonists considered themselves to be _________, _____________, ______________ people.

• Since the colonists were still under _________________ rule, by _______________ that meant they were still ________ to British law.

• But, many LOCAL colonial governments also gave and ______________________ the rights of the colonists.

virtuous hard working simple

BritishKing George III

subject

protected

• Some local laws included __________ about freedom of _____________ and ______________.

• Before the revolution, the colonists were VERY ________________ about the British _______________ limiting their __________.

rightsreligion

speech

sensitivemonarchy rights

Who Were these Founding Fathers!?

• The ______________________ were the _______________________________ of the colonies.

• They had developed their own, _______________________ and ________________________ (hint hint) ideas about the best type of government.

founderspolitical leaders

uniquerevolutionary

• These ideas were formed by their experiences with the _________________________ in Great Britain and by studying _________________________________ like ______________________

• The __________________ lead the fight for __________________ for the American colonies.

British gov/ monarchy

political philosophers John Lockefounders

independence

“We are like chameleons, we take our hue and the color of our moral character, from those who are around us.”

• The _______________________ created ___________________________ and their ideas HEAVLY influenced the ____________________.

foundersThe US gov

CONSTITUTION

• STOP AND THINK- John Addams, a Founder said, “Revolution was in the minds and hearts of people before Lexington and Concord” (aka the Revolutionary War), what does that mean?

Why Do We NEED Government?And Who’s John Locke!?

Lesson Purpose• Our form of government is based on a set of

ideas and ideals.• These ideas establish what the purpose of gov

should be and what kind of gov is best.

This lesson introduces you to some of the basic ideas that were of great importance to the Founders.

? What are natural rights?

When we finish….

You should be able to…

1. Explain what the Founders believed to the natural rights of human beings

2. Explain why the founders believed that people need a gov and how people create gov.

John Locke- He’s a BIG Deal• MANY of the __________________ ideas about

________________________ were based on _______________________________________.

• John Locke was a well- known English ______________________________, he published a book called ________________________________________

• He is best known for is his ideas about ___________________________________ , _____________________________ and ________________________________________

founder’sgovernment

Locke’s philosophy

philosopher

Two Treaties of Government

state of nature, natural rights, social contract

State of Nature- This does NOT mean in the woods, it means a place with no laws!• John Locke saw State of Nature as a condition where

________________________________________ existed AT ALL!

• Locke asked himself how people would behave in a ____________________ to determine the ___________________________ - we will come back to this!

• The ideas of Locke were used in the _____________________________ to explain WHY Americans were unhappy with ____________________ rule.

• After ______________________ the ______________________________ (= war for America to govern itself!) the _________________________ used most of the same ideas to write the state constitutions.

NO governments or laws

state of natureideal government

Declaration of IndependenceBritish

#winning!Revolutionary War

Founders

Natural Rights- These are the rights that humans have EVEN in a State of Nature.

• Locke believed that through _____________________ we can determine what ________________ people have in a _________________________________.

• Locke reasoned that in a _____________________ people seek to have the following 3 rights:

reasoning rights

state of nature

state of nature

Liberty Life Property

hmm….sound similar?

People want to SURVIVE.People want to be safe as possible from threats to their lives.

People want to be as FREE as possible.People want to be able to make their OWN decisions and to live as they please!

People want to OWN THINGS NESSESARY TO SURVIVE.People want to own things like food, water, shelter, land. People want the freedom to gain economic benefits=earn money/ power!

Life

Liberty

Property

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.

• Locke said that the rights to ___________________, ___________________, and _______________ are _________________ -the law of nature!

• ALL people have __________________________ JUST because they are ___________.

• The _______________________________ believed that these rights are not man made, but made by ______________, therefore _____________________ nor __________________________ may take away these rights.

• These are _______________________________!

life libertyproperty natural rights

natural rightshuman

Founders

GodNO mangovernment

unalienable rights!!!

What did Locke Say Might Happen in a State of Nature?

John Locke believed…..• Most people are good But…Not everyone is

good People are driven by self interest (money& power) Sometimes people who are stronger/ smarter take advantage of weaker people

• People would want to protect their natural rights Weaker people gang up against the strong people

weak Stronger Tyrant*

weak ganging up on tyrant!

• In a state of nature people would feel insecureTo protect their natural rights (life, liberty, property,) agree to form governments.

***According to Locke, governments _______________ exist until people

_____________ them***• In a state of nature you cannot and no one

can govern you People must ____________ (allow/agree) to be governed

• The power of the legitimate government comes from the consent of the PEOPLE.

DO NOTCREATE

consent

Social Contract• Big PROBLEMO! So we know that in a state of

nature there are NO laws, and we know that we ALL have natural rights and that in order to have a legitimate government we MUST consent….

We MUST find a way to protect each person’s natural rights since human nature goes against state of nature.

• Locke says the BEST way to solve this conundrum is for each ______________________________ to agree with ________________________ to create and live under a _______this type of agreement is a _____________________

• The __________________________ must be given (_________________________________) the power to _____________ and __________________________ laws.

• In ____________________you MUST ________________________ something to _________________ something.

individualothers

1 Gov.social contract

governmentconsent from the people

makeenforce

social contractsgive up

gain

• In a _____________________________ you give up the __________________ right to do anything you want to do.

• In return you gain the security of knowing your natural rights to ________________, ________________________ and ______________________________ are protected!

social contractabsolute

lifelibertyproperty

Locke thought the _____________________________________ is to ____________________ those _____________________________________ that the individual CANNOT protect in a ________________________, thus we form _____________________________________*remember the focus on________________

purpose of government protect

natural rights

state of naturesocial contracts GOVERNMENTS

natural rights

• That to secure these rights, Governments are instituted among Men, 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 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.

STOP AND THINK- How would you protect your rights in a state of nature?

We da People1. FOR YOUR DO NOW you ONLY NEED YOUR

NOTES FROM LAST TIME!!!Evidence Sheet(The ones with fish on the backs!)

A

B

C

Locke thought that in a state of nature- a place with no gov nor laws, people would take advantage of each other, they would feel insecure and NOT be able to protect their natural rights (life, liberty, property.)

Locke thought that the purpose of gov was to keep people safe AND to protect their natural rights (life, liberty, property)

Yes, there are rights the gov Locke describes does not cover. Such as; welfare, domestic abuse, natural disasters and other domestic issues.

DO YOU KNOW PUZZLE!

1. Who was controlling the colonists? _________________________________________________________________________________

2. What type of gov did the people above have/ who was in control? __________________________________________________________________________________

3. Why were the colonists angry with the people above? __________________________________________________________________________________

4. The ____________________________________________ were the political leaders of the colonies.

5. They were heavily influenced by political philosopher ___________________________________

6. ___________________ was famous for the following 3 ideas __________________________________________________________________________________

Define AND explain each of his ideas below:

7. __________________________________________________________________________________

8. __________________________________________________________________________________

9. __________________________________________________________________________________

State of nature= NO gov, NO laws Natural rights= LIFE, LIBERTY, PROPERTY

Social contracts= agree to be governed, give something to get something

Great Britain

King George III= monarchy

No power, didn’t want to be ruled from so far away, <3 freedom*Founding fathers

John LockeLocke

1. State of Nature 2. Natural Rights 3. Social Contracts

So… What does ancient Rome have to do with the Founders?

• 2,000 years before ____________________ began, the ____________________________________ was a functioning ______________________________.

• This idea of a republic greatly ________________________ the _________________________________.

• A ______________________________ is a country that has a ____________ in which power is held by the _________________________ WHO _________________________ the _____________________________!

AmericaRoman Government

Republic

influenced*Founders

Republicgov

peopleelect

representatives

• The Roman gov functioned WITHOUT a _______________- they governed themselves! (hint hint) FTP,BTP

• In Rome, BOTH the _________________________ people and the ___________________ people ____________________ the POWER to ___________________.

King

common peoplearistocrats= wealthy

SHAREDgovern

• A ___________________________________________ is a type of gov in which….

• * ___________________________ have the ___________________________ to _____________________!

• * Citizens ____________________ = entrust, their power to ___________________ they __________________ to __________________________ them AND _______________ them!

• * Citizens and their representatives work ___________________________ to promote the __________________________ rather than their own interests is this the ideal gov that protects natural rights with a social contract!?

• _____________________________ aka

___________________________ means the good which is for community as a whole- what’s best for EVERYONE!

Republic

Citizens (people) POWER GOVERN

*DELEGATEleaders elect

represent serve

together*common good

*common good*common welfare

• Why did the Founders LOVE the idea of a REPUBLICAN GOVERNMENT <3(WTP pg 23)

The founders saw some of the benefits of a _____________________________________

as… Republican Government

Representatives are elected to serve the common goodbbb

Having representatives make the law is more

efficent

The PEOPLE have a say in THEIR government

The representatives are responsible to the

people!

Representatives stand for the beliefs of the people, DO WHAT IS BEST for the PEOPLE

Having reps make laws is faster and better than trying to get EVERYONE to agree but since they REPRESENT the PEOPLE we’re good ex) ice cream for class

The people ELECT who they want to represent them- the people control the gov. FTP,BTP

VOTE= VOICE=CHANGE!!!

ACCOUNTABILITY, they MUST serve the people, MUST serve common good- its their JOB!!!

What were the disadvantages of a REPUBLICAN GOVERNMENT?

• ________________________________ works best in _____________ communities, because people care for one another the colonies were large

• People in the _____________________ have to be VERY ______________________- they cannot be ___________________________ the colonies were extremely __________________ (remember melting pot!)

• People in a diverse group break into ______________________= interest groups. These factions could work against the _________________ Since the colonies were ________________ we were sure to have factions.

Republican Governmentsmall

republicSIMILAR

differentdiverse

factionscommon good

diverse

Ok, Some Good, Some Bad- So We Adapt! (How Founders adapted Republican Gov)

• ________________________________ was one of the MOST IMPORTANT ________________________.

• He is known as the ___________________________________.

• Madison combined the idea of a ____________________________ and a ________________________________ AND MADE A ______________________________!!!!

*James Madison

*Founders

Father of the Constitution

REPUBLICIAN govDirect Democracy

Representative Democracy

Republican Government

• In a republican government the _____________________________________

• create the _____________ that run the government.

People’s representativeslaws

Direct Democracy

• In a direct democracy the _____________________________________

• create the _____________ that run the government.

People themselveslaws

Representative Democracy!

• In a representative democracy the _____________________________________

• to make and administer ________ for their government and country. *Accountability

people’s representativeslaws

• *IN ORDER FOR A REPRESENTITIVE DEMOCRACY TO WORK, WE MUST BE ________________________________ and have ____________________________= the both citizens and their leaders are willing to participate in their gov and to promote the _____________________________. They taught this in school, church, architecture, EVERYWHERE!

civically engagedcivic virtue

*common good

So We Have A Gov (Representative Democracy,) Now We Need To Put It In Writing! Constitution Anyone?

• A _________________________________ is a ________________________________ for government.

• ________________________________ means that there are ________________ on the gov’s _______________

• _________________________________ is a set of laws that ________________ the power of gov.

• These limits protect our ________________________ with our _______________________________

constitutionframework

frameworklimits

powerHigher Law

limitsnatural rights

government

Turn to page 34- Can you figure it out?10 mins- GO!

1 Lists ____________________________ of citizens to ______, __________ and _____________________.

2 Establishes the ______________________________ of those

_________________________ to ____________________________ those rights.

3 Places _________________ on how the people in govs may

use their _________________. EX) Citizen Rights- Freedom of

______________________ Gov canNOT limit it! EX) Resources- Gov ______________ take peoples

__________________ without paying for it! EX) Conflicts- People in gov MUST give ________ people

accused of a crime a __________ trial

basic rights life liberty property

responsibilitygovernments

protect

LIMITS!!powers

SPEECH, PRESS, RELIGIONCANNOT

property

ALL FAIR

Article 1

4 Establishes the principle of ___________________- part of a person’s life that is not the business of the gov

5 The _________________________can ONLY

be ______________________ with the ___________________ of the _________________________

PRIVATE domain

*CONSTITUTIONchanged

*CONSENTPEOPLE

Sensing a theme?

THE PEOPLE HAVE

THE POWER!!

The Constitution has 5 Important Characteristics, Constitutions…..

• We put this in WRITING bc we were afraid of another ____________________________!KING

Prevent the ABUSE of POWER- NO KING!

• _________________________________________ are organized in such a way that _____ one person or _________________ can get enough ___________________ to take over and dominate the gov.

• The 2 ways to accomplish this are ____________________________________ and ____________________________________________.

• Separating the powers of gov means we __________________ the gov into _____________________- so NO one person has all the ___________________________.

• Balancing the powers among the branches means that NO one _____________________ can control ______________________________________. * __________________________________ <3

*Constitutional GovernmentsNO

grouppower

separate the powers of govchecks and balances

separatebranchespower

personthe gov

checks and balances

Representative DEMOCRACY

A

B

C

Locke thought that in a state of nature- a place with no gov nor laws, people would take advantage of each other, they would feel insecure and NOT be able to protect their natural rights (life, liberty, property.)

Locke thought that the purpose of gov was to keep people safe AND to protect their natural rights (life, liberty, property)

Yes, there are rights the gov Locke describes does not cover. Such as; welfare, domestic abuse, natural disasters and other domestic issues.

Why did American colonists have the rights of Englishmen?

1. The ______________________ were established over centuries of British rule.

2. _____________________ were certain _________ that ALL the ____________ of the English ___________ were believed to have.

Rights of Englishmen

Rights of Englishmenrights subjects

Monarch

3. These _______ included; 1. _________________________, 2. __________________________________ , 3. ______________________________.

rightsRights to a trial by jury

Security from unlawful entry into ones home

No taxation without consent!

4. Since all of the _____________________ were technically still under _____________________ rule, the ________________________applied!!

colonists

BritishRights of Englishmen

King George III

5. ** For our study it is IMPORTANT to understand these rights and how they ____________________________ over time,

6. **It is also important to understand that the ______________ of ___________________ is

_____________ 1 document!!! It is made up of _____ parts!

Developed+ Changed

constitution Great BritainNOT!2

7. The ____________________________ of Great Britain

________________= based on customs and decisions of the courts

________________= legislative body of the British government

constitution

Common Law Parliament

British Parliament

American Congress

• STOP AND THINK Why were the colonist's able to sit down and write 1 document that defined gov?

• Unlike the_______________________________, England still had ______________________ of people and titles.

• ____________________________ still ruled over the ________________________________, but they were still much more powerful than the ________________________________.

American Coloniesclasses

King George IIINobles (Knights, Lords…)

commoners

What It was Like In Merry Old England

• STOP AND THINK Since there were NO titles in the American Colonies, what special class of people was created AND had power? __________________________________________________________________________

Middle class!!!

KNC

• 3.This was called the ___________________ where you were 1 of 3 classes: __________ ____________________ or _______________________________.

*Feudal SystemRoyalty

Nobilitycommoner

4. Under the _________________ system it became a custom for the _________________ to ________________ power with the ___________________...they liked it!

5. in ________________ they forced the King to sign the _______________________ also known as the Great ______________

*Feudal System

KingSHARE

nobles1215

*MAGNA CARTA*charter

• 6. The __________________________ is perhaps the first __________________________ document that ________________ a ruler’s _____________________________.

*Magna Carta

WRITTENLIMITS

POWER!!!

7. The ___________________ had 2 ideas that influenced the ________________________ in a MAJOR WAY!

*Magna Carta*founders

1. _____________________ is based on a __________________________ between the __________________ and the _______________________________.

*** If either side ________________ that _______________= INVALID

Governmentcontractruler

people

breakscontract

2. ____________ the ____________________ and the __________________________ MUST obey the ______________________!!

*** ____________________________ = ___________________ the powers of ________________!

BOTH governmentpeople

LAW

*Rule Of Lawlimitsgovernment

• STOP AND THINK Who else does this sound like? HE was actually influenced by the Magna Carta!!! _____________________________________

• How does this influence the founders? _____________________________________

8. In 1258 the _________________________ forced the King to make an ___________________________________ this was and is called _____________________________________.

9. Over time _____________________________ power grew, and in 1628 they forced the King to sign the ___________________________ .

10. The ______________________________ further ________________________ the King’s ______________

nobles

advisory council

ParliamentParliament

Petition of RightsEnglish Bill of Rightslimitedpower

English Bill Of Rights- the King could NOT… (pg 55)

123456

Collect taxes without the consent of Parliament

Interfere with the right to free speech and debate in Parliament

Maintain and army in peacetime

Prevent Protestants from having arms for their defense

Require excessive bail or administer cruel punishment for those accused of or convicted of crimesDeclare laws made by Parliament should not be obeyed

_____________________________________ SOUP!!!!The Ingredients that Influenced the Founders Ideas About Government

Representative Democracy

American Revolution in Fast Forward

1. First there was___________________________ who ruled the colonies, but the __________________ were ___________ happy!!! He restricted them with too many ____________________ and ___________!

2. The colonists sent the _______________________ written by __________________________3. It laid out the _______________________,

______________________________ , ______________________________ and concluded why the colonists wanted to “break up” with British government

King George III

colonists NOT

rules taxesDeclaration of Independence

Thomas Jeffersonideals

argumentscomplaints

4. In return the King sent troops over to destroy the colonists want for freedom, “freedom fever” BUT…. _________________

5.____________________________ was born!WE WON!!!

The United States of America

But What Would the Government Look Like- On

Paper?1. Since the ___________________ were starting from

scratch, we didn’t succeed the first time around, BUT the experiences we had will inform our ____________________________________________- we learned from our mistakes!

2. The colonists were terrified of another __________________ so they really focused _________________________________

3. Their state _____________________________ focused on __________________________________ and …. (pg 85)

founders

modern constitution+ gov

KingStates Rights

constitutionlegislative power (people)

1 Natural Rights and Higher Law

2 Social Contract

3 Popular Sovereignt

y4 Representa

tion5 Separation

of Powers6 Checks and

Balances7 LEGISLATIV

E Supremacy

- Right to life, liberty and property- Laws that EVEN apply to GOV!!

Agreement between the people that they need a gov- the GOV does NOT exist without their consentThe person with the most support with represent the people in the governmentIn order to have a REPRESENTATIVE DEMOCRACY we need representativesThe powers of gov are separated so no one branch has all of the powerEach branch can limit/ check the other branches power The branch of gov that represents the PEOPLE will have the MOST POWER

NO CENTRAL GOV! … Except When We Need It?

1. Once the ________________________ started, each state was like its own nation. But its only by ____________________ that we won the war. The ________________________knew we would need a _____________________________________.

2. The _____________________________________ was our nation’s first _________________________________= set of rules

3. But since we were so afraid of another King, so most of the power was in the ______________________(people)

4. EVERY ___________________________ taken by ______________________ had to be with the consent, approval and cooperation of the states.

Revolutionary War

UNITING*founders***FEDERAL GOVERNMENT*Articles of Confederation

constitution

*legislativeaction

congress

• AND THINK Is it easy to make everyone agree? Republic= ______________________REPRESENTITIVES

5. The federal gov essentially had _____________________________________.

6. After ____________________________ it was clear the federal government needed more _________________________ to protect the _________________________ and __________________________________the states.

NO PowerShay’s rebellion

POWERcitizens

unite

7.So we tried again, this time creating a __________________________________ that _______________________

Powers, maintained our _____________________________ and protect our ___________________________.

ConstitutionSHARED

independencenatural rights

The Philadelphia Convention

Do Now: Finish Mad Lib

• 1. After the _______________________________________ failed, the __________________ came together in Philadelphia, Pennsylvania to come up with a new plan of government, which will turn out to be the _________________________________ also known as __________________________________- which is still in place today!

• 2. This meeting was known as the _______________________________________.

Articles of Confederationfounders

US Constitution

Law of the land

Philadelphia Convention

• 3. People who attended included; ___________________________________, ________________________________

• ____________________________________, _____________________________________ BTW, we call these

• people ____________________________ because they framed/ shaped and wrote the _________________________

• 4. The ____________________________ agreed that the following ideas should be included in the NEW Constitution!

George WashingtonBen FranklinJohn AddamsJames Madison

Framers/founders

constitutionfounders

1

National government should be a Constitutional Gov- People agree to be governed

2Protect Natural Rights (Life, Liberty, Property)

3Strong gov- to protect rights and UNITE STATES

4

Representatives to represent people and serve the COMMON GOOD

5BALANCE of POWER between BRANCHES of GOV

Magna Carta 1215English Bill of Rights 1628

England

John Locke (English) (State of Nature, Social Contact, **Natural Rights -Life -Liberty -Property

Declaration of Independence 1776

13 American Colonies

Revolutionary War

English Bill of Rights 1689

England

Articles of ConfederationWritten 1779In effect 1781-1789

United States of America

Constitution 1787-now

United States of America

Bill of Rights First 10 Amendments 1789- now!

United States of America

Different Types of government

1A.) A _____________________________________ is when the __________________________________ controls ______________ the state and local governments.

B.) The _____________________________________, France and Sweden are all examples of ____________________________

C.) As a result, the __________________________________________ has MORE ______________________ than the ________________________________________ govs.

unitarycentral government

BOTH!!

UK (Prime Minister- rules over parliament)

unitary govs

Central governmentpower

State and Local

2A.) Some nations have a ___________________________ type of government.

B) In a confederation the _____________________ are ________________________________ and have ALL the ___________, they control _______________________ that effects their citizens and territory.

confederation

statesindependent

powerEVERYTHING

C) The __________________________ ONLY deals with matters of ________________ concern, and the _________________ can withdraw from the ____________________ at anytime they see fit.

D) Sweden is a modern example of a confederation and under the ______________________________________ the United states had a ____________________________ type of _____________________

central governmentcommon

statesconfederation

** Articles of Confederation

confederationgov

3) BEFORE the __________________________ created the ___________________________ MOST countries had either a ___________________________ or ________________________________ type of government- we were trailblazers!

4. With the ____________________________ the ___________________________ created a ___________________________.

*founders/ framersconstitution

unitaryconfederation

Constitution*founders/ framers

*federal government

What is a federal system of government?

1. The ________________ organized _____________________ in a brand new way!

2. The________________ starts with the words. “____________________________________” - the ______________ created the government by __________________

3. The _______________________________ remain _______________________________ at all times.

ConstitutiongovernmentConstitution

We the People of the United States of America people

consentpeople

sovereign

4. Sovereign means to have the HIGEST rank of ____________________________________- in the US the people are sovereign.

5. In a ___________________________ of government, the ________ decide how to ______________ their _______________.

NOTE: There is a delegate(N)=a person chosen to ______________________ the people AND delegate(V)= trust to assign power

authority/ power

Federal Systempeople

*delegate

*represent

power

6. When creating the __________________ the _____________________ decided to ____________________ the ______________ of the people to MORE than ____ government.

7. They ____________________ some power to the ____________________________ and some to the ____________________

power*founders/ framers*delegate

*Constitution

1

*delegatedstate gov

national gov

8. A ________________________________ of government may also be described as a government based of _______________

9. Federalism refers to the practice of __________ and _______________ powers of government between a __________________________________ and _______________________________- such as _______________________ govs

*Federal System

*federalism

dividing sharing

state Local/ regional gov

central gov

STATE GOV SHARED NATIONAL GOVTax exports or declare war! Imports Tax CURRENCY Schools Laws TradeBorrow money Post officeDivorce/ marriage

NO MONEY NO NOBILITYNO WAR TAX STATE

EXPORTS

The _________________________________ in the ___________________________says, “The Constitution shall be the _____________________________________” – NO state law can conflict with the Constitution

Supremacy clauseconstitution

Supreme Law of the Land

Judicial review1. Congress set up the ___________________________

of government under Article III of the _______________________

2. _______________________ provided for a _______________________________________ and said that _________________ could establish lower ______________________.

3. In 1789, __________________________________ passed a law that organized the court system for the US this is called the _______________________________.

Judicial branch

ConstitutionArticle IIIUS Supreme Court

congressstate courts

congress

Judiciary Act of 1789

• 4. __________________________________ states that the US Supreme Court was to have 1 ______________________ and ___ associate ________________________. ***OVERTIME this increased to ___ ____________________________.

• 5. _____________________________________ is the POWER of the courts to decide whether _________________________ are NOT allowed under the ______________________________. ______________________ on the other 2 branches!!

Constitution

Chief Justices 5justices

9justices

Judicial Review

laws and actionsConstitution

CHECKS

6A.) A law that is ruled _______________________________ is __________________________ and may ________ be enforced.

B) It’s _________a ________ at all!

*UNCONSTITUTIONAL*null and void

NOT

NOT!! law

HOW DOES JUDICIAL REVIEW APPLY TO LAWS PASSED BY STATE GOVERNMENTS?

1. The ______________ wanted to be sure that the _______________ obeyed the _______ of the ________________________

2. So, in ______________ of the _____________________ they said that the _____________________, ___________________, and ________________________________ are SUPREME law of the land.

*framersstates lawsfederal government

Article VIconstitution

constitutionfederal laws

treaties

• STOP AND THINK What is this called and why is it important?

• 3. If a ________________________ conflicts with those of the ____________________________ the court can rule that the STATE law ________________ be enforced.

state’s law

federal government

NOT

4A.) The first time the court used ________________________________ was in 1796.

B) After the ____________________________________ the US signed a ________________________ with _________________

C) As part of this treaty, America agreed to pay all fines owed.

D) But… ____________________________ passed a ________ that said it wasn’t going to pay Britain back!

** Because this law violated the _________________ treaty, the court used __________________________ to overrule the law

judicial reviewRevolutionary War

treaty federal

FEDERAL!!

Virginialaw

judicial review

England

DOES THE US SUPREME COURT HAVE THE POWER OF JUDICIAL REVIEW OVER ACTS OF THE FEDERAL GOVERNMENT?

1. The ____________________________ clearly mean for the ________________________ to have the POWER of ____________________________ over the acts of ___________________________.

2. The ______________________________ does NOT state the __________________________ has the POWER of _________________________________ over the ________________________________________ branches of government.

*FramersUS Supreme CourtJudicial reviewstate govs

constitutionUS Supreme Court

judicial review

Legislative and Executive

• 3. But there then there was __________________________________ and then the Supreme Court COULD use judicial review over the executive AND legislative branches THEY’VE GO THE POWER!!!!

Marbury v. Madison

Marbury v. Madison• The Constitution says that the United States shall have a

Supreme Court, but the rest of the details are rather fuzzy. In other words, nowhere in the Constitution does it specifically say whether the Supreme Court can declare a law unconstitutional. For that power, we have to turn to one of the giants of American history--John Marshall. Marshall was not the first Chief Justice of the United States. (That was John Jay.) Marshall was, the first very influential Chief Justice. His decisions, beginning with Marbury v. Madison, set the tone and much of the legal precedent that is still being followed by Supreme Court justices today. In very simple terms, Marbury v. Madison, is important because it was the first time a law of Congress was ever declared unconstitutional, or in conflict with the Constitution. If the Constitution is the law of the land and something is conflict with that law of the land, then that something is illegal THIS CHANGED THE FACE OF JUDICIAL REVIEW, and the POWER OF THE SUPREME COURT!!!!

• What happened in the case of Marbury v. Madison?

• Who were the key players? (people)

• What is opinion of the Court? How was judicial review used?

It gave the Supreme Court the right to use JUDICIAL REVIEW over the executive and legislative branches

Marbury, James Madison, John Marshall, Judicial Review, Supreme Court, CONSTITUTION!!

It was used to CHECK THE POWERS of the executive and legislative branch FEDERAL LAWS in check. Ruled in favor of Madison!!

WHY IS IT DIFFICUT TO UNDERSTAND THE MEANING OF SOME PARTS OF THE CONSTITUTION?

1. When deciding __________________________________, the ___________________ of the US Supreme Court have to ______________________- decide what the words ___________________________ mean, in the __________________________.

Constitutional casesjustices

interpret

REALLYConstitution

• The Plain Meaning Of The Words In The Constitution

• The Intention of The Framers

-What the founders literally meant in their WORDS -Problem= what DID the framers mean exactly: disagreement on words ex. The constitution gives Congress the right to make an army and navy…Air force?

-This method is based on the idea that the Constitution by itself DOESN’T always have an OBVIOUS (clear) meaning-So… we have to look at what the framers MEANT-Problem= What about issues that exist now that didn’t exist then (aka nuclear warfare)

*Most Loyal to Const.

• Constitution Is Based On Fundamental Principles of Government

• Today’s Social Values and Needs

-This method= natural rights philosophy, constitutionalism (study of constitution,) and republican gov -This principal say justices make decisions based on these ideas-Problem= What about things not included in those ideas?

-This method says the justices use today’s social values when interpreting the Cosnt.-Argue that Justices should not hold back social progress by only using a 300 year old doc-Problem= Does this give justices too much freedom? Not what framer’s intended

Political parties (Pages 172- 173)

1. When George Washington ran for president he won every ______________________________ - partly because of the respect people had for him, and partly because there were ________ other ______________ to run against him.

2. The __________________ were opposed to the idea of ________________________________ which are groups of people that have _________________ views about governments that ________ ________________.

3. The Framers view ________________________________ as _____________________________- which we’ve learned are a _____________________________________ group that forms within a ___________________________________ group.

*electoral vote

NO candidates

*Framerspolitical parties

SIMILARJoin TOGETHER

political partiesFACTIONS

dissatisfied grumpy

Larger

4A.) The ___________________ feared that the BIGGEST ___________________________ would take _______________ of the gov

B.) If that happened, then the _______________________________ would not ______________________ protect people’s rights

*FRAMERSAnd strongest faction =PPCONTROL

governmentEQUALLY

5. When Washington took office there was _______ to take care of, and different people had different ideas of what would work- this is how the ORIGINAL ________________________________ were formed.

6. The first two parties were the ______________________________ (who supported ___________________________ view of a large _____________________________,) and the _____________________________________ (who supported ___________________________ view of a ___________ central gov./ ______________) NOT THE POLITICAL PARTIES OF TODAY!!

A LOT!

political parties

Federalist PartyAlexander Hamilton’s _____*Central govRepublicans (Anti- Federalists)

Thomas Jefferson’sSMALL

Hamilton= Implied Powers (not written, but we can assume) of Constitution

Jefferson= ENUMERATED Powers of Con. only what’s EXPLICITLY written

<3 State power

• 7. Political Parties have drastically changed overtime and today are known as the _____________ & ___________________Democrats Republicans