Ch. 2- The Constitution

What is Government?

Government- institution by which a society makes & enforces its public policy

Public Policy- actions the government makes

Purposes of the U.S. Government

Set Forth in the Preamble of the U.S. Constitution:

Form a more perfect union Establish justice Insure domestic tranquility Provide for the common defense Promote the general welfare Secure the blessings of liberty

Which Purpose is Most Important in Your Life?

Form a More perfect Union

Establish Justice

Insure Domestic Tranquility

Provide for the

Common Defense

Promote the General Welfare

Secure the Blessings of

Liberty

         

Documents Building the American Government

Magna Carta- first attempt to limit the power of the British Monarch, establishing the

power of the monarchy was not absolute

Petition of Right- extended the rights from the Magna Carta to commoners

English Bill of Rights- prevented monarchs from abusing their powers

Foundations of American Rights

Magna Carta English Bill of Rights

Colonial Experiences

Colonial Charters each charter operated with executive, legislative, and

judicial roles The authority of the governors, legislatures, and

judges depended on the type of colony Royal- subject to the direct control of the king (8/13) Proprietary- organized by a proprietor appointed by the

king (3/13) Charter- based on the Mayflower Compact charter in

1662, governors were elected, with the King’s approval (2/13)

QUIZ…Name the 13 Original Colonies!

13 Colonies Song

First Attempts @ Government

New England Confederation- 1643

Plan for intercolonial cooperation by William Penn

The Albany Plan

First Continental Congress

Second Continental Congress

Declaration of IndependenceToo Late to Apologize: A Declaration

Written mainly by Thomas Jefferson

Principles: based on philosophy of John Locke

Divided into three parts A theory of government based on

social contract A list of grievances against the king Statement of colonial unity and

separation from BritainIdeas that all men are created

equal and the government is not all powerful

To Form a More Perfect Union

Between 1774-1789, 13 individual colonies became a nation- The United States of America

Independence: how could 13 independent self-governed states unite? First attempt= Articles of Confederation

Homework: read pages 17-27, and explain the weaknesses of the Articles of Confederation, and how the creation of the Constitution corrected these weaknesses.

Articles of Confederation

Written by the Second Continental CongressBecame the first national Constitution for the

United StatesCreated a “league of friendship” among the statesCreated a weak unicameral legislatureDid not want to replicate the too-powerful

government of BritainCongress had limited powers: creating an army

and navy, borrowing money, declaring war, creating post offices

Signing treaties with foreign governments

Weaknesses of the Articles of Confederation

No power to taxNo power to draft soldiers for military service,No power to regulate commerceNo central government to control the statesEach state was equal, with one vote in the

legislature, regardless of size & population9 of 13 states were required for legislation to

passAmending the A.O.C. required a unanimous vote

Weaknesses of the A.O.C.Shays' Rebellion

Weakness of the A.O.C. How the Constitution “fixed” it

Articles created a “league of friendship” between the statesCongress could not tax, it could only request contributions from the statesCongress could not regulate interstate trade or foreign commerceNo separate executive to enforce acts of CongressNo national judiciary to handle state disputesEach state had one vote, regardless of size or populationStates and the national government had the authority to coin moneyUnanimous consent required to amend the Articles of ConfederationNine of thirteen states required to pass legislation

Constitutional Convention

Philly, 1787Purpose: revise the Articles of

ConfederationDecided to write a new

Constitution instead of revising the AOC

Decided the new government would be a republic, a federal system, and would be composed of three branches

Several plans were proposed and presented

The Constitutional Convention

The Framers 55 men from all 13 states except __________

James Madison- greatest influence on creation of national gov.

Absent: Thomas Jefferson (in France), John Adams (in Great Britain), Patrick Henry “smelt a rat” (against strong national government)

An entirely new constitution was written “Lockean” influence Results: “a delicate problem”; need for a strong

government to preserve order but not threaten liberty

Major Themes at the Constitutional Convention

The Virginia Plan

*Created by MadisonStrong national government organized into three branches

(legislative, executive, and judicial)Bicameral legislature (House and Senate)

Lower house elected by the people Upper house chosen by lower house from nominees submitted by state

legislaturesRepresentation is each house based on population &/or

monetary contributions to the national government

Members of the national judiciary were chosen by legislatureSingle executive chosen by legislative branch, limited to one

term one term only, could veto legislative acts, removal by Congress

*Who’s happy, large states or small states? Why?

The New Jersey Plan

Generated from a fear that legislative representation would be based on population, allowing the more populated states to always out-vote the less populated states

Unicameral legislative Representatives chosen by state legislatures Each state receives one vote

Representation in the house would be equal among the states

Plural executive chosen by legislative branch, no veto powers, removal by states

Judges appointed for life by the executive*Who’s happy, large states or small states? Why?

The Debate Is On!!

The Great Compromise

(AKA Connecticut Compromise)1.      House of Representatives based on

population and directly elected by people2.      Senate composed of two members per

state and elected by state legislatures (now?!?!)

3.      Reconciled interests of large and small states

large dominates the House of Representatives, small the Senate

*Both large and small states satisfied!

Slavery & the Constitution

The Issue: Southern States: wanted slaves counted

as population in representation, but not taxation

Northern States: oppositeThree-Fifths Compromise

Each state would count three-fifths of its slave population for purposes of determining both representation and taxation

Commerce & Slave Trade Compromise Congress was prohibited from banning

the slave trade for a period of 20 years

Why wasn’t slavery

abolished in the

Constitution?

Ratification of the Constitution

Federalists- for the ratification of the Constitution The Federalist Papers- NY In favor of a strong, national government Led by Madison & Hamilton Checks & Balances would protect from abuse

Anti-Federalists- against the ratification of the Constitution Wanted strong state governments Feared a strong, national government Wanted a Bill of Rights

Signing of the Constitution