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The Constitution
Chapter 2
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What is the difference between the Declaration of Independence & The Constitution?
• The Declaration of Independence is a statement explaining why the colonists wanted to break away from Britain. The goal of the document was to tell the world why we wanted to be independent.
• The Constitution is written plan of government. It lays out the rules and regulation for our governmental leaders.
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THE CONSTITUTIONSection 1- The Real American Revolution
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The Real American Revolution
• The Revolutionary War was more than a war of independence. The real revolution was the “radical change in the principles, opinions, sentiments and affections of the people.” – John Adams
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The Real American Revolution
• Radical changes- political authority would be legitimate
• Personal liberties secure• Consent of the
governed• Government powers
would be granted by a constitution
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The Real American Revolution
• The Articles of Confederation- The first attempt at a written constitution which governed America during the Revolutionary War. It c reated a “league of friendship” between the states but had little powers.
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Articles of Confederation
Strengths• Each state retained its
sovereignty & independence
• Each state had one vote in Congress
• Congress could coin money, make peace treaties, run the post office, regulate trade
Weaknesses• One branch of government• Could not tax, raise an army,
unicameral (one house) in Congress,
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The Constitutional Convention
• A meeting in Philadelphia in 1787 to revise the Articles of Confederation, which was a failure. Four months later a new constitution was written.
• Other influences- differences in strengths and weaknesses of state constitution as well as Shay’s Rebellion.
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Shay’s RebellionA 1787 rebellion in Massachusetts in which ex- Revolutionary War soldiers attempted to prevent foreclosures of their farms as a result of high taxes. A volunteer army had to put down the rebellion. It showed a STRONG, CENTRAL GOVERNMENT was needed!
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The Constitutional Convention
• Two palms were presented: The Virginia Plan and The New Jersey Plan.
• In the end, the Framers( writers of the Constitution) compromised and took ideas from both plans to create our Constitution.
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The Virginia Plan
• Called for a strong national gov’t
• 3 branches of gov’t – executive, judicial, legislative
• Bicameral (two) Congress• Executive would be
chosen by a national legislation
• Favored large states
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The New Jersey Plan
• Favored small states• Each state would have 1
vote in Congress• A weak national gov’t
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The Great Compromise (Connecticut Compromise)
• Three branches of government:• Executive- Would serve a four year term• Legislative branch- 2 houses: Senate would include 2
reps from each state chosen by state legislatures; House of Reps would be based on population and elected by the people.
• Judicial branch- Nominated by the President and confirmed by the Senate
• Created a Republic-A gov’t in which elected officials make the decisions.
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The Great Compromise
• Homework Question- Did the Constitution create a Democracy? Yes or No. Support your answer.
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The Great Compromise Key Principles
• Judicial Review
• Federalism
• Enumerate Powers
• Checks and Balances
• Reserved Powers
• Concurrent Powers
• Faction
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Judicial ReviewThe power of the courts to declare a law unconstitutional.
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Federalism
• Government authority is shared by the national, state and local governments. Each level of government has specific powers as well as shared powers.
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Powers
Enumerated /Delegated Powers
• Powers given to the national government.
• Examples- Declare war, coin money, make peace treaties, regulate interstate trade
Reserved Powers• Powers given to the states.
• Examples- Intrastate trade, family/marriage issues, licenses, elections
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Powers
• Concurrent Powers- Powers shared by the state and national governments.
• Examples- Education, maintain infrastructure, provide for the general welfare, levy taxes
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Checks and Balances
A system of government in which there are separate institutions that share powers. Each branch has informal ways of checking the power of the other branches.
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Faction
• A group with a distinct political interest.
• Example: The Tea Party
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Ratifying the Constitution
Federalists• They were for the
ratification (approval) of the Constitution.
Antifederalists• They were against the
ratification of the Constitution.
• They wanted a bill of rights added to protect citizen’s personal freedoms.
• A Bill of Rights was needed and written to achieve ratification.
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The Bill of Rights- First Ten Amendments
• 1st- Freedom of speech, press, religion and assembly
• 2nd- Right to bear arms
• 3rd- No quartering of troops
• 4th- No unreasonable search or seizures
5th- Due process in the court system
• 6th- Right to speedy, public and impartial trial.
• 7th- Right to jury trial in civil suits
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Bill of Rights8th- No excessive bail or fines
9th- Unlisted rights are not denied
10th- Powers not given to federal gov’t are given to states
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The Constitution & Slavery
• A. Virtually unmentioned • Sometimes known as the 3/5’s Compromise• Apparent hypocrisy of the signers• Necessity of compromise or no ratification• a. 60% of slaves counted for representation• b. no slavery legislation before 1808• c. escaped slaves returned to their mastersLegacy- Civil wars, continuing racial issues
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The Motives of the Framers-FRQ
• Charles Beard- Argued the better-off urban & commercial classes, especially those who helped financed the Revolution and were owed IOUs, favored the Constitution because it would benefit them.
• 1950’s- Historians disputed claim. Stated men of wealth and debts signed the Constitution.
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The Motives of the Framers
• 1980s- Economics influenced how framers voted on some issues. The econ position of the states from which they came had a greater effect than their personal monetary condition. They represented their state’s interests rather than their own.
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Constitutional Reform-FRQ
Gov’t too StrongAttention is on individual wants over the general good.Gov’t does too much.Proposals:Limit amount of taxes collectedRequire a balanced budgetGrant the Pres a line-item vetoNarrow the authority of federal courts
Gov’t too weak• Reduce the sep of powers to
enhance leadership.• Pres should be more powerful
& accountable.• Proposals:• Choose Cabinet from Congress• Allow Pres to dissolve Congress• Lengthen Pres term to 6 yrs• Congress call for special Pres
election
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Constitutional Reform- Who is Right
• Crucial questions:• A. how well has it worked in history?• How well has it worked in comparison with
other constitutions?
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Were Women Left Out of the Constitution?
• Yes- women were never mentioned. Article I sets the provisions for electing congressmen but uses him/he.
• No- Other references to the Constitution/Bill of Rights refers to person.
• Ex: Article I, section 9- No person shall be convicted of treason; Article I, section 2- No person shall be a Rep who have not have attained to the age of 25.
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Were Women Left out of the Constitution?
• 1920- The Constitution gave women the right to vote. But, it also used language that extended basic rights, access to office to men and women equally.
• There is no wording in the document that actually denies women’s rights.