Establishing a United States GovernmentStandards 1.5-1.7

Review- Confederation Government (The Government under the Articles of Confederation that was after- but included many of the same members of- the Second Continental Congress).

Successes in the Articles of Confederation Government was effective in negotiating the

Treaty of Paris. Land Ordinance:

Established a method for distribution of disputed land in Northwest Territory (new territory).

Northwest Ordinance: Set precedent for the creation of new states through

the Northwest Ordinances. Northwest Ordinance also declared slavery illegal

in the Northwest Territory.

Weaknesses Could not:

Levy taxes (Shays’ Rebellion) Pay for an army (no strong defense) Resolve conflicts regarding interstate trade,

currency or boundaries (no judicial branch). Continue trade through New Orleans Remove the British from the new territory Force the states to support the national

government with funds. Solve national issues without state approval

Standard 1.5 -Explain how the fundamental principle

of limited government is protected by the Constitution and the Bill of Rights, including democracy, republicanism, federalism, the separation of powers, the system of checks and balances and individual rights.-

What is the difference… Between a Democracy and a Republic?

Limited Government Government must be controlled so that

it cannot infringe upon the rights of the people.

Under the Constitution, the power of the national government is limited.

What does Democracy mean? The government derives its power from

the consent of the governed. Preamble to the Constitution - “We the

People…” Ultimate governing authority rests with

the voters. Does the ultimate governing authority

rest with the voters in the USA?

Republicanism (Not the political party) Voters were to be represented by

elected legislators who would make decisions in the interests of the voters.

In the beginning… Did voters elect members of the House? Members of the Senate? Electoral College? National Judiciary?

Review: What are the three branches of

government? Executive Legislative Judicial

Legislature Divided into two houses- what are they?

House of Representatives- Lower House Given exclusive right to initiate tax bills

because they more directly represent the people.

Senate- Upper House Considered more prestigious

System of Checks and Balances Can you think of any “checks” one

branch has over another? President can veto a law. Legislature can override a veto. Executive makes treaties Only Legislative can ratify treaties President (and Judiciary) can be removed

from office

Bill of Rights- Continued Amendment I Freedoms, Petitions, Assembly Congress shall make no law respecting an

establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment II Right to bear arms A well regulated Militia, being necessary

to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment III Quartering of soldiers No Soldier shall, in time of peace be

quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV Search and arrest The right of the people to be secure in their

persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized

Amendment V Rights in criminal cases No person shall be held to answer for a capital, or

otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation

Amendment VI Right to a fair trial In all criminal prosecutions, the accused shall enjoy

the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed; which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence

Amendment VII Rights in civil cases In Suits at common law, where the value

in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Amendment VIII Bail, fines, punishment Excessive bail shall not be required, nor

excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX Rights retained by the People The enumeration in the Constitution of

certain rights shall not be construed to deny or disparage others retained by the people.

Amendment X States' rights The powers not delegated to the United

States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Bill of Rights: Which amendment is the MOST

important and why? Any we no longer need? Any we should ADD?

Checks and Balances Continued Separation of powers Three branches- each possesses certain

powers that the others do not. System of checks and balances

Executive: Proposes laws. Administers laws and spending

Legislative: Writes laws. Appropriates funds. Judicial: Interprets laws by hearing and

deciding cases.

Federalism Federalism- Two levels of government share

power. What are the two levels? Federal government

and states. Powers that are delegated to the federal

government by the Constitution are called delegate powers. Can you think of any?

Powers that are reserved for the states are called reserved powers. Can you think of any?