Download - Mrs. Schulewitch American Government
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Mrs. SchulewitchAmerican Government
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– Two opposing groups formed on the adoption of the
Constitution
Federalists – supported adoption of the Constitution
– Stressed the weaknesses of the Articles; new government is
necessary!
Anti-Federalists – opposed adoption of the Constitution
– Argued that the federal government would be too powerful
and that the document lacked a bill of rights!
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▪ By June of 1788, nine states had voted to ratify
the Constitution
▪ Neither New York or Virginia were included in the
nine
▪ Both states were wealthy, had large populations
and occupied a key geographical region
▪ Federalists realized without these two states, the
nation would split in two
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▪ To get anti-Federalist support, the
Federalists struck a deal
▪ When the first Congress was held,
Federalists would support adding a
Bill of Rights to the Constitution
▪ Virginia ratified on June 26, 1788
and New York followed a month
later
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Mrs. Schulewitch
American Government
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The Preamble
The Articles (Total of Seven)
The Amendments (Total of Twenty-Seven)
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Section 1: Legislative Power; Congress
Section 2: House of Representatives
Section 3: Senate
Section 4: Elections and Meetings
Section 5: Legislative Proceedings
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Section 6: Compensation, Immunities, &
Disabilities of Members
Section 7: Revenue Bills, President’s Veto
Section 8: Powers of Congress
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Section 9: Powers Denied to Congress
Section 10: Powers Denied to the States
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Section 1: President
and Vice President
Section 2: President’s
Powers and Duties
Section 3: President’s
Powers and Duties
Section 4:
Impeachment
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Section 1: Courts, Terms of
Office
Section 2: Jurisdiction
Section 3: Treason
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Section 1: Full Faith & Credit
Section 2: Privileges &
Immunities of Citizens
Section 3: New States;
Territories
Section 4: Protection Afforded
to States by the National
Government
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Section 1: Validity of Debts
Section 2: Supremacy of
National Law
Section 3: Oaths of Office
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Important Constitutional
ClausesMrs. Schulewitch
American Government
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Supremacy Clause Article VI of the Constitution
This Constitution and the laws of the United States, which
shall be made in pursuance thereof, and all treaties made,
or which shall be made, under the authority of the United
States, shall be the supreme law of the land…”
What it means:
The Constitution, Federal Laws, and National
Treaties > State laws
Example
Marijuana Laws
Presidential Tax Return Law (California)
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Privileges and Immunities Clause
Article IV of the Constitution
The citizens of each state shall be
entitled to all the privileges and
immunities of citizens in the several
states
What it means:
Prohibits states from discriminating against citizens of other states without justification
Examples:
Alaska limiting oil pipeline jobs to state
residents
Denying nonresidents admission to the
bar to practice law
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Article I of the Constitution
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States…
What it means:
Gives Congress the flexibility to carry out its other enumerated powers
Source of “Implied Powers”
Examples:
Creating a national bank
Criminal laws
Necessary and Proper Clause
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Full Faith and Credit Clause Article IV of the Constitution
Full Faith and Credit shall be given in each state to the public acts, records, and judicial proceedings of every other state…
What it means:
Requires states to respect one another’s civil laws, records, and court rulings (with some exceptions)
Examples
Marriage
Drivers Licenses
Adoptions
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Commerce Clause Article I of the Constitution
To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes
What it means:
Greatest source of federal power; regulate commerce and create a national economy
Examples:
Pass laws on social welfare
Steamboat navigation monopoly
New Deal economic programs
Affordable Care Act
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MAKING AN AMENDMENT: THE FORMAL
PROCESSMrs. Schulewitch
American Government
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Making an Amendment■ Amendment is proposed
– Proposed by Congress by 2/3 vote in both houses
– Proposed at national convention called by Congress when requested by 2/3 (34) of the State legislatures
■ Amendment is Ratified
– Ratified by the State legislatures of ¾ (38) of the states
– Ratified by conventions held in ¾ (38) of the States
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Constitutional change by means other than formal amendment can be done in five ways
1) The passage of basic legislation by Congress
• Presidential departments & agencies
2) Actions taken by the president
• Executive agreements
3) Key decisions by the Supreme Court
• Interpretation of the Constitution
4) The activities of political parties
• Nomination of candidates
5) Custom
• Unwritten custom; the presidents cabinet, senatorial courtesy
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SIX PRINCIPLES OF GOVERNMENT
Mrs. Schulewitch
American Government
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#1: POPULAR SOVEREIGNTY
• All political power resides with the
people
• The People have the Power!
• Think back to the Declaration of
Independence (Government can
only govern with the consent of
the governed!)
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#2: LIMITED GOVERNMENT
• No government should be all
powerful; it should only be able to
do what the people have given it
the power to do!
• Our Constitution limits the power of
government!
• Even the government must obey
the law!
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#3: SEPARATION OF POWERS
• The Constitution separates the
powers between the three
branches (Legislative, Executive
and Judicial) so that no one
branch can become too powerful
and/or corrupt
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#4: CHECK AND
BALANCES
• The national government is
organized into three separate
branches and each branch has
been given the power to “check”
the power of the other branches in
certain ways to be certain that
each branch does not act
beyond its authority!
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#5: JUDICIAL REVIEW
• The power of the courts to
determine whether what
government does is in
accordance with the Constitution.
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#6: FEDERALISM
• The Constitution divides power
between the National
Government and the state
governments.
• Another division of powers to
protect against an all powerful
national government!
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We have a Constitution….now we must get it approved!
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Approving the Constitution
◦ It is important to note that not all
people, including many of those
involved in the Philadelphia
Convention, approved of the new
constitution
◦ Once written, the battle over
whether or not to ratify the
document began creating two
groups:
◦ The federalists fought for ratification
◦ The anti-Federalists fought against
ratification
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Ratifying the Constitution
◦ In order for the new Constitution to take affect, nine of the thirteen states (a super majority) had to approve
◦ The Constitution was to be presented to special “ratifying” conventions in each state
◦ They wanted the document to be approved by the voters and therefore stayed away from the existing state legislatures for approval
◦ Delegates at the “ratifying” conventions would be elected by popular vote in each state and would be responsible for debating and approving the Constitution
◦ Goes back to Locke’s idea that the “people should consent to their government!”
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The Battle Begins
◦ Concerns over the new document arose in New York, Virginia, Massachusetts and Pennsylvania
◦ Without the approval of these states, the Constitution would not be ratified
◦ Both sides of the issue begin writing a series of papers, the “anti-Federalist Essays” and the “Federalist Papers” to sway the public to their side
◦ Most of the writers used “pseudonyms” so that their letters would be read on their merits rather than on the reputations of the writers
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The Anti-Federalists
◦ The anti-Federalists Objections to the document included…
◦ Republicanism (representative government) could only work in small communities with similar background and common interests
◦ A large, diverse nation cannot sustain a republic!
◦ When a government operates at a distance from the people, such a government will resort to force rather than popular consent to maintain authority
◦ Congress is too powerful
◦ Necessary and Proper Clause (Elastic Clause)
◦ President has unlimited authority to grant pardons
◦ Encourage people to commit crimes and then forgive them
◦ Judicial Branch has too much power and can destroy the state court systems
◦ Treaties made by the President and the Senate
◦ Supreme Law of the Land
◦ No consent from the House (elected by the people)
◦ No guarantees of individual liberties
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The Federalists
◦ The Federalists argued…
◦ The separation of powers built into
the Constitution is the best way to
promote republicanism
◦ Rights and welfare of all are protected within the system!
◦ The House of Representatives is
elected by the people and will
protect local interests
◦ The constitution says nothing about
the national government having
authority over individuals; a Bill of
Rights would imply that the national
government had powers that the
Constitution did not give it