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Chapter 3 The Constitution

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The Longevity of Constitutions U. S. has worlds second oldest constitution ratified in 1789 Average duration is 17 years Constitutional durability comes from: An open, participatory process A tendency to be specific ***A tendency to be FLEXIBLE through interpretation and amendment 2

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Uniquely American Protest 3 http://www.youtube.com/watch?v=hFWZ925z K0A

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First Continental Congress Met in Philadelphia in September 1774 All colonies except Georgia sent delegates Objective was to restore harmony with Great Britain Delegates adopted a statement of rights and principles in October Later formed basis for Declaration of Independence and Constitution 4

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Second Continental Congress May, 1775 Established an army Made Washington the general in chief and pursued the Revolutionary War 5 Members of the Second Continental Congress adopted the Declaration of Independence. Painting by John Trumbull, 1819, Library of Congress

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NO MORE KINGS http://www.youtube.com/watch?v=t- 9pDZMRCpQ&feature=related Listen to This Aint Working Rap

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Second Continental Congress War of Independence began April 19, 1775 and ended on October 19, 1781 Was Declaring our Independence an easy choice? A Case for Independence John Adams HBO clip I have looked for our Rights click picture or link below http://www.youtube.com/watch?v=RDzwtl5Z2cA 7

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Colonies vs. Great Britain http://www.youtube.com/watch?v=Y6ikO6LMxF4 Too Late to Apologize----- Click photo Click Photo

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The Declaration of Independence Influences: John Locke Natural Rights Social Contract Thomas Jefferson Father of the Declaration of Independence 9 Bettmann /Corbis Archivo Iconografico S.A. /Corbis Reading of the Declaration HBO John Adams http://www.youtube.com/watch?v=nrvpZxMfKaU

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The Declaration of Independence Principles rooted in writings of John Locke Government there to protect God-given, inalienable rights (rights that cant be taken away) Social contract theory consent of governed People have right to revolt if government is denying them basic rights 10

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Second Continental Congress Approved Declaration of Independence on July 4, 1776 Britain at a disadvantage because of distance from conflict and because Americans fighting for defense of their liberty

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The Articles of Confederation: Our First Form of Government Voluntary association States retained most of the power Citizens loyal to their state (not country) 12 Library of Congress

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Articles of Confederation The authors of the Articles of Confederation did not create a nation, but a firm league of friendship **1)firm league of friendship between the 13 states Articles of Confederation The Articles of Confederation created a Congress with 2-7 delegates from each state- each state only had one vote. **2) BUT each state only had one vote. notcreate an executive branch **3) did not create an executive branch ** 4) did not create a judicial branch The Articles of Confederation, ratified in 1781. This was the format for the United States government until the Constitution

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Articles of Confederation Under the Articles of Confederation Congress could 1.maintain the military 2.conduct foreign policy 3.declare war 4.make peace 5.coin money NOT ** 5) The Congress could NOT regulate trade between the states or between states and foreign nations. askStates for money Congress had to ask States for money to keep the federal government going- could not ** 6) they could not force them to contribute (TAX).

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**7) I n order to pass laws, 9 of the 13 states 9 of the 13 states had to vote in favor. Articles of Confederation Summary of the Articles of Confederation: loose alliance between states. 1. created a loose alliance between states. did not provide for a president 2. did not provide for a president (no executive branch) and laws had to be enforced by the states. did not create a courtsystem 3. did not create a court system (no judicial branch) and the government could not resolve differences between the states. CREDIT: Tholey, Augustus, artist. "Leaders of the Continental Congress." Wm. Finley & Co., copyright 1894. Prints and Photographs Division, Library of Congress.

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Accomplishments Under the Articles Articles established to: Organize states so they could defeat the British forces Gain independence from Britain Once independence granted, less pressure on states to organize for collective good. 16

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**Shays Rebellion proved one thing: The federal government was much too weak and a stronger national government was needed! Shays' Rebellion is considered one of the leading causes of the formation of the United States Constitution. Bettmann/Corbis

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Many Americans feared that Shays Rebellion was proof that the Articles of Confederation were too weak. 1)a convention to improve the Articles of Confederation will be held in ANNAPOLIS, MD but only 5/13 states show up. 2) They decided to meet in May of 1787 in Philadelphia, PA but they ended up doing a lot more than just improving the Articles of Confederation!

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secret It was decided that the meetings during the Constitutional Convention would be kept secret so delegates could feel free to speak their minds without outside pressure. Guards were posted at the doors and all of the windows were closed. Some resented the secret meetings, believing that government meetings should be open to the public in a free society. Independence Hall Philadelphia, PA

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Factions Among Delegates The beliefs of the delegates ranged from the near-monarchism of Hamilton to definite decentralized republicanism. 20 Alexander Hamilton Archivo Iconografico, S.A./Corbis

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Framers of the Constitution Anti-Federalists opposed any centralization of power. Federalists favored a stronger national government. However, there was no agreement among the Federalists concerning structure and division of power for this new government. 21

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Edmund Randolph and James Madison put together a plan for government early on known as the **Virginia Plan Edmund Randolph James Madison

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Virginia Plan The **Virginia Plan created a strong national government and called for the following: 1.**3_ branches of Government Legislative ExecutiveJudicial bicameral 2 houses 2.Legislative Branch would be **bicameral or have 2 houses. membership upon the population of States (House) Both houses would base membership upon the population of States (House) and equality (Senate) 3.Creation of a FEDERAL Government

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The Virginia Plan Father of the Constitution JAMES MADISON Plan original basis for debate regarding need for and design of a strong central government National government would be able to override state laws 24

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Smaller states objected to the Virginia Plan, believing that it was unfair to States with smaller populations. As a result, William Paterson introduced the ***New Jersey plan to counter the Virginia Plan. William Paterson

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New Jersey Plan The New Jersey Plan created strong national government and called for the following: 3 branches of Government Legislative ExecutiveJudicial **Unicameral Congress 2.Legislative Branch would be unicameral one house *** unicameral Congress or have only one house. allow The single house would allow each State to have ****one vote only each State to have ****one vote only. Population was not an issue. elected by legislature 3. Chief Executive (President) would be elected by legislature could be multi-person.New Jersey Plan

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Roger Sherman proposed a compromise Finally, a delegate from Connecticut named Roger Sherman, proposed a compromise which came to be known as the Great Compromise (or Connecticut Compromise). bits and pieces from both Taking bits and pieces from both the New Jersey Plan and the Virginia Plan, Sherman created a government which has changed very little. Roger Sherman Source: National Park Service

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The question asked most in the convention: **How should the states be represented in Congress? The Connecticut Compromise: Large States wanted to Dominate Congress and Small states wanted equality The Compromise: Each State would be equally represented in the Senate with 2 senators Each state would be given a number of House members based on their states population Small states have more power in Senate; large states more power in House Politicking and Compromises

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Great Compromise The Great Compromise proposed a strong national government with: 1. 3 Branches of Government Legislative Branch (pass laws) Executive Branch (carry out/ enforce laws) Judicial Branch (interpret laws- see if laws are fair and carried out fairly) The Great Compromise

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issue of slavery questions of representation The issue of slavery became a problem for Northerners and Southerners not due to moral differences, but because of questions of representation. Southerners wanted to count their entire population Southerners wanted to count their entire population of slaves to boost their numbers in Congress. Northerners objected citing that slaves were not considered citizens Northerners objected citing that slaves were not considered citizens and could not vote. Library of Congress

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Now, the problem with population.. The South obviously has many citizens, but many are unfortunately not considered to be important. The Three-Fifths Compromise: for every five slaves they would count as three people in the population count The Commerce & Slave Trade Compromise: Congress was forbidden the power to tax the export of goods from any state and forbidden to act on slave trade for a period of at least 20 years.

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Working Toward the Final Agreement The Madisonian Model Separation of powers Checks and balances 32 James Madison (1751-1836) Library of Congress

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Working Toward the Final Agreement Electoral College Election of president independent of Congress AND popular vote Insulates president from direct, popular control Can be cumbersome system 33

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Compromise on the Presidency One executive chosen by an electoral college A states electors equal total members in Congress President is candidate with most electoral votes; Vice President has second most votes If no majority, House to choose President and Senate Vice President Procedure changed in 1804 with 12 th Amendment President to serve for four years, no term limits Two-term limitation set by 22 nd Amendment 34

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Removal of the President House of Representatives can charge a president with Treason, Bribery, or other High Crimes and Misdemeanors Senate then holds trial on charges; 2/3 majority to convict Chief Justice to preside over trial Two presidents impeached (Andrew Johnson and Bill Clinton); none convicted and removed from office 35

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The Final Product In preamble, the FOUR elements forming the American political tradition listed: Creation of a people Explanation of the reasons for the Constitution Outline of goals for the government Establishment of the government 36

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School House Rocks- The Preamble http://www.youtube.com/watch?v=FLP_HGKq- jg

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The Basic Principles 1)Republicanism ---Popular sovereignty --people elect representatives to make laws 2)Federalism A federal system where both the national and the state governments each had their own sphere of influence 3) Separation of Powers see chart in book pg. 80 4) Checks and Balances 38