Unit 2Constitutional Government

American Government

Factors leading to the Constitutional Convention

•Boundary disputes between states•Poor foreign relations•Unpaid war debts•Falling crop prices

Constitutional Convention

When/Where/Who

Why

•September 1787

•Congress met for a Constitutional Convention

•Articles of Confederation were not working•A stronger central government was needed

Constitutional Conventionof 1787

• Shay’s Rebellion (1786) caused the framers to believe that the Articles of Confederation were ineffective & needed to be replaced

• Delegates gathered in Philadelphia (1787) to “revise” the AOC

• James Madison leads the movement to write the Constitution Father of the Constitution

Conflict at the Constitutional Convention

• Delegates disagreed on THREE key issues: – Representation– Slavery– Trade

Conflict @ the Convention:Representation in the new

Congress • Big States vs. Small

States • Virginia Plan

– Representation based upon a states population (favored more populated states)

• New Jersey Plan– Each state had

equal votes

Compromise: Representation

• The Great Compromise– Settled the representation conflict– Delegates created a 2 house (bicameral)

legislature• One house based upon population (House of Reps)• A second house based upon equal votes per state

(the United States Senate)

Conflict: The Slavery Issue

• Southern states supported slavery– Wanted slaves to

count for representation, but not for taxation

• Northern states – wanted slaves to

count for taxation, not representation

Compromise: The Slavery Issue

•The Three Fifths Compromise: settles the Slavery Issue–3 out of 5 slaves would be counted for both representation and taxation

Conflict: The Trade Issue

• Southern delegates did not want an export or import tax (tariff).• Northern delegates favored a tax on imports to help northern

industries grow. This could hurt the South

• Compromise: Congress was given the power to tax imports, but not exports

The South needed slavery for plantation labor. The North feared slave populations would be to high.

Compromise- The importation of slaves would end 20 years from the ratification of the Constitution

DEBATE ON RATIFICATION

• Federalists argue for a strong federal system to replace the Articles of Confederation (Madison/Hamilton/Jay)

• Anti-federalists believe that the new constitution would be too strong and crush the Peoples rights (Henry & S. Adams)

The Federalists Papers

• Beginning on October 27, 1787 the Federalist Papers were first published in the New York press under the signature of "Publius".

• These papers are generally considered to be one of the most important contributions to political thought made in America

• The pseudonym "Publius" was used by three man: Jay, Madison and Hamilton.

• Jay was responsible for only a few of the 85 articles.

• The papers were meant to be influential in the campaign for the adoption of the Constitution by New York State.

Compromise: Federalists vs.

Anti-federalists • Federalists

agree to add a Bill of Rights to the new Constitution

• The Addition of the BOR allowed Anti-Feds to agree to ratify the new Constitution

• The Constitution was ratified in 1789

PrinciplesSeparation of powers with 3

branches of governmentChecks and balances so that no

branch was too powerfulGuarantees equality under the

law with majority rule and the rights of the minority protected

Constitutional Convention

They created the U.S. Constitution

A written plan for the structure of the U.S.

government.

PrinciplesAffirms individual worth and

dignity of all peopleProtects the fundamental

freedoms of religion, speech, press, assembly, and petition

A “living document”

About the Constitution • describes the structure of

the government and the rights of the American people.

• No law may be passed that contradicts its principles

• no person, or the government, is exempt from following it.

• This is why it is commonly called the "supreme law of the land".

The Constitution is organized into three parts:

• 1. Preamble describes the purpose of the document and government

• 2. Articles establish how the government is structured and how the Constitution can be changed. There are seven articles

• 3. Amendments changes to the Constitution; the first ten are called the Bill of Rights

Weaknesses of the Articles of

Confederation

• Unicameral Congress.• No executive branch.• Few powers given to

national government.• Congress was elected by

the state legislatures.• Congress had no power to

regulate trade.• Congress had no power to

coin money.• Congress had no power to

establish armed forces.

Strengths of the Federal Constitution

• Bicameral Congress.• President given power to

enforce laws.• Congress elected by the

people (Senate after Amendment 17)

• Simple majority needed to pass laws.

• Congress given power to collect taxes.

• Congress given power to coin money.

• Congress given power to forms army and navy for national defense.

FEDERALISM

Federalism

The division of power between the national government and the

governments of the 50 states.

• The powers of government are divided between the national government and the state governments.

• The national government governs the people of the entire country

• Federal Government- The national government is called the “Federal Government”

• The federal government is “the supreme law of the land” that all states must defer to.

• Each of the 50 states has its own government.

• State governments govern the people living in each state.

• Federal System- refers to the country’s system of government including both the national government and the governments of the 50 states.

• All powers that the Constitution does not give to the federal government remain with the state governments.

Federalism

Delegated/Enumerated Powers National

Government

• Give the federal government strength to protect and serve the country.

• -Coin money• -Declare war• -Admit new states• -Establish armed

forces• -Regulate patents

and copyrights• -Regulate foreign

trade

Concurrent Powers

Both National and State

Governments

Held by both state and federal governments

• -Collect taxes• -Enforce laws• -Borrow money• -Establish

courts• -Provide for the

general welfare

Reserved Powers State Governments

Kept for the states to manage their own

affairs and to balance the power of the

federal government.

• -Regulate intrastate commerce (trade)

• -Conduct elections• -Incorporate businesses• -Voter qualifications• -Establish local

governments• -Regulate school• -Conduct Elections• -Establish marriage laws• -Assume powers not given

to the national government and not denied to the states

• -Protect the health, safety and welfare of the people.

The Preamble

The Constitutional Preamble

Outlines the goals of the government that it

created

Goals of the Preamble

What it means

Where it is found in

the Constitutio

nWe the people of the United States, in Order to form a more perfect union

To create a better

government than that

provided by the Articles

of Confederatio

n

By creating a policy making

executive branch and by

giving Congress the power to tax,

the new Constitution avoided the

worst difficulties of the Articles of Confederation

Goals of the Preamble

What it means

Where it is found in

the Constitutio

nEstablish Justice To make laws

and establish a fair court

system

The Constitution created the

U.S. Supreme court and the

judiciary Act of 1789 created the rest of the federal court

system

Goals of the Preamble

What it means

Where it is found in

the Constitutio

nInsure Domestic

tranquilityTo maintain

law and order at home

The federal government shares with

state governments

the task of maintaining

law and order at home.

Together they are responsible

for enforcing laws.

Goals of the Preamble

What it means

Where it is found in

the Constitutio

nProvide for the

common defense

To protect the nationagainst its enemies

The Constitution authorized Congress to

create an army and a navy.

Goals of the Preamble

What it means

Where it is found in

the Constitutio

nPromote the

general welfareTo ensure the well

being of the entire

population

Over time, the U.S.

government has given all citizens the

right to vote.

Goals of the Preamble

What it means

Where it is found in

the Constitutio

nAnd secure the

blessings of liberty to

ourselves and to our posterity

To safeguard people’s personal freedom

The Bill of Rights

Goals of the Preamble

What it means

Where it is found in

the Constitutio

nDo ordain and establish this

Constitution for the United States of America.

Create this form of

government for the

country.

Separation of Powers

Separation of Powers

Distributes power equally among three branches of government

Ensures no person or branch of government is

too powerful

Legislative Branch• Created in Article I

• Congress is the lawmaking branch

• Made up of 2 houses: the Senate and the House of Representatives

Powers of the Legislative

Branch

• Makes the laws• Confirms presidential

appointments• Approves treaties• Grants money• Declares war

Executive Branch• Created in Article II

• Executes the country’s laws

• Headed by the President

Powers of the Executive Branch

• Proposes laws• Approves or vetoes laws• Administers and executes

the laws• Commands the armed

forced• Appoints ambassadors,

federal judges and others• Conducts foreign policy• Makes treaties

Judicial Branch• Created in Article III• Interprets laws and

punishes lawbreakers• Supreme Court is the

head of the judicial branch

Powers of the Judicial Branch

• Interprets the Constitution and other laws

• Reviews lower court decisions

Checks and Balances

•* Each branch has powers that no other branch can have•* Each branch has powers that limit the powers of the other two branches•* Ensures that no branch becomes too powerful

Legislative Checks

Over The Executive

branch

• Overrides vetoes• Approves federal

judges

Over The Judicial branch

• Approves federal

judges• Impeaches federal

judges

Executive Checks

OverThe Legislative

branch

• Vetoes acts of Congress

• Calls Congress into special session

Over The Judicial branch

• Appoints federal judges

Judicial Checks

OverThe Legislative

branch

• Declares laws unconstitutional

OverThe Executive

branch

• Declares executive acts unconstitutional

The Bill of RightsThe 1st Ten Amendments

to the Constitution

Bill of Rights

Why?• 1st Federal Congress

wanted a written list of individual rights

• To protect against abusive government power.

• Influence of other documents (Virginia Statute of Religious Freedom; Virginia Declaration of Rights)

What Principle?

• Individual Freedoms

• Protections against the government

• Rights of citizens accused of crimes

The First Amendment5 Protected Freedoms

• Freedom of Speech• Freedom of Religion • Freedom of the

Press• Freedom of

Assembly• Right to petition the

government

2nd AmendmentRight to bear arms

• “A well-regulated militia, being necessary to the security of a free state, the right of the people to bear arms shall not be infringed.”

What is the debate with the right to bear arms?

• How much can the government keep guns from criminals and youth?

• In order to keep guns away from criminals, does that limit the right of law abiding citizens?

3rd Amendment• The

Government cannot force

you to shelter soldiers in your home without

your consent in time of war or

peace.

Rights of the Accused

Amendments #4-8Important to preserve freedom

4th Amendment• What does a

policeman need in order to search your home? – A warrant

given to him by a judge

– Probable cause is also needed

5th Amendment• You cannot be tried for the same

crime twice—called “Double Jeopardy”

• You do not have to testify against your self. “I plead the fifth”

• You must have due process of law before you are convicted

• The government cannot take your land unless it pays. (eminent domain)

6th Amendment•Right to

speedy trial by impartial jury—meaning not favoring either side

6th Amendment• You must be told

of charges• You must be

provided a lawyer if you cannot afford one

7th Amendment• Allows a jury trial in

Civil Cases when the amount disputed is more than $20.

8th Amendment• No

excessive bail

• No cruel and unusual punishment

Prisoner kissing his Mom in prison

Who determines what the Bill of Rights mean?• The Supreme Court makes rulings on

the meaning• The Supreme Court balances the

rights of the individual with the needs of society

1st Amendment

5 Freedoms protected by the U.S. Constitution

Petition the Government

• “Congress shall make no law . . . Abridging . . . the people. . . to petition the government for a redress of grievances”

Petition• Freedom to make

views known to public officials

• Grievance with government policy

Petition the government

• You may sue the government for wrongs

• You cannot be punished for exposing wrongs by the government

• The courts decide the wrongs

Freedom of Religion• “Congress shall make no law

respecting an establishment of religion or prohibiting the free exercise there of”

Religion• Freedom to

exercise religion

• Government can’t establish an official religion

• Government can’t endorse a religion

Free Exercise— The personCan Cannot

• Choose whatever religion

• Lead a prayer in most examples

• Ask questions about religions

• Worship whoever or whatever you want

• Break the law and claim it is religious belief

• Raise children without education

• Deprave children of basic needs

Establishment clause-Government

CAN• Teach about religions

in school• Allow voluntary prayer

in many examples• Transport students to

a religious school• Read Bible for culture

or literacy content

CAN NOT

• Set a state religion • Government cannot

order a prayer• Teach religious

doctrine in the school• Pay seminary teachers• Teach creationism

Freedom of Assembly

• Congress shall make no law . . . Abridging . . . The people to peaceably assemble”

Assembly• Freedom to

gather peacefully

• Political rally• Protest march• Sit in

Freedom of Assembly– The Individual

CAN• Protest • Parade (with a

permit)• Parade chanting

hate slogans• Gang members can

congregate in public

CANNOT• Protest by throwing

rocks and breaking windows

• Hang out on private land against owners will—loitering

• Break teen curfew

Freedom of Speech• “Congress shall make no laws . . .

abridging the freedom of speech”

Speech

• Freedom to express opinions and beliefs

• Not absolute• Obscenity is not

protected

Free speech– The individual can:

• Say any political belief• Protest (without getting out of control)• Say things about someone that are

true• Burn the flag• Say racist and hate slogans• Free speech means someone might

say something you disagree with

Free speech— A person CANNOT

• Threaten to blow up airplanes, schools or the president

• Sexual harassment• Create too much social chaos• Extremely crude language in a public

form• Disrespectful, vulgar language in

schools• Hate crimes

Freedom of the Press

• Congress shall make no law . . . abridging . . . the freedom of the press.”

Press• Freedom to gather

and publish information

• Freedom to criticize the government

Freedom of the press- The press

CAN• Print any political

position• Make fun of people,

especially politicians• Expose wrongs by

the government• Say things you

might not agree with

CANNOT• Libel– intentionally

injuring a person’s reputation by false facts

• Disclose defense-security secrets

• Detail how to make a certain weapons

The Constitution establishes and protects our 1st

Amendment freedoms, but there are limits!!

Constitutional Amendments

A “Living Document”

The framers of the Constitution planned a system of government that could adapt to the changing

conditions and needs of the country.

The Constitution is called a living document because

it can be changed.

A Living Document

Adaptability- Amendments

• An amendment is a written change to the Constitution.

• The amendment process is complex; to date only 27 amendments have been added.

• The first 10 amendments are called “The Bill of Rights.”

Flexibility- Elastic Clause

• Also known as the “necessary and proper clause

• ”Allows Congress to extend its delegated powers.“to make all laws which shall be necessary and proper for carrying into execution the foregoing powers”

• Permits Congress to pass laws related to situations that have developed since the writing of the Constitution.

Process for Amending the Constitution

•Action by Congress or Convention

(2/3 of Congress)

•Ratification by the states

(3/4 of States)

Eleventh Amendment (1795)

Clarifies judicial power over foreign nationals, and limits ability of

citizens to sue states in federal courts and under federal law.

Twelfth Amendment (1804)

Changes the method of presidential elections so that members of the electoral college cast separate ballots for president and vice

president

Thirteenth Amendment (1865)

Abolishes slavery and grants Congress power to enforce abolition.

Fourteenth Amendment (1868):

Defines United States citizenship; prohibits states from abridging citizens' privileges or immunities

and right to due process and the equal protection of the law; repeals the three-fifths

compromise.

Fifteenth Amendment (1870)

Prohibits the federal government and the states from using a citizen's

race, color, or previous status as a slave as a qualification for voting.

Sixteenth Amendment (1913)

Authorizes unapportioned federal taxes on income.

Seventeenth Amendment (1913)

Establishes direct election of senators.

Eighteenth Amendment (1919)

Prohibited the manufacturing, importing, and

exporting of beverage alcohol.

Repealed by the Twenty-

First Amendment.

Nineteenth Amendment (1920)

Prohibits the federal government and the states from using a citizen's sex

as a qualification for voting

Twentieth Amendment (1933)

Changes details of Congressional and presidential terms and of presidential succession.

Twenty-first Amendment (1933)

Repeals Eighteenth Amendment but permits states to retain prohibition and ban the importation of alcohol.

Twenty-second Amendment (1951)

Limits president to two terms.

Twenty-third Amendment (1961)

Grants presidential electors to the District of Columbia.

Twenty-fourth Amendment (1964)

Prohibits the federal government and the states from requiring the payment of a tax as a qualification for voting for federal officials.

Twenty-fifth Amendment (1967)

Changes details of presidential succession, provides for temporary removal of president, and provides

for replacement of the vice president.

Twenty-sixth Amendment (1971)

Prohibits the federal government and the states from using an age

greater than 18 as a qualification to vote.

Twenty-seventh Amendment (1992)

Limits congressional pay raises.