Instructional Focus Instructional Focus Document NotesDocument Notes

Grade 8/Social StudiesGrade 8/Social Studies

UNIT: 05 TITLE: More Perfect UNIT: 05 TITLE: More Perfect UnionUnion

Part 1: Principles of the Part 1: Principles of the ConstitutionConstitution

ConstitutionConstitution

After the Founding fathers had written the After the Founding fathers had written the Constitution in 1787 at the Philadelphia Constitution in 1787 at the Philadelphia Convention, there had been a division Convention, there had been a division among many delegates as to how the new among many delegates as to how the new Constitution should operate.Constitution should operate.

Federalists wanted a loose interpretation Federalists wanted a loose interpretation of the Constitution of the Constitution

Anti-Federalists (Democratic Republicans) Anti-Federalists (Democratic Republicans) wanted a strict interpretation of the wanted a strict interpretation of the Constitution. Constitution.

ConstitutionConstitution

There had already been a series of There had already been a series of debates, issues, and compromises debates, issues, and compromises which had taken place during the which had taken place during the Constitutional Convention including:Constitutional Convention including:

The Great CompromiseThe Great Compromise The 3/5 CompromiseThe 3/5 Compromise Federalists vs. Anti-FederalistsFederalists vs. Anti-Federalists The Federalist PapersThe Federalist Papers The Bill of RightsThe Bill of Rights

Preamble to The U.S. Preamble to The U.S. Constitution (The purpose)Constitution (The purpose)

We the people of the United States in We the people of the United States in order to form a more perfect union, order to form a more perfect union, establish justice, insure domestic establish justice, insure domestic tranquility, provide for the common tranquility, provide for the common defense, promote the general welfare, defense, promote the general welfare, and secure the blessings of liberty to and secure the blessings of liberty to ourselves and our posterity, do ordain ourselves and our posterity, do ordain and establish this Constitution for the and establish this Constitution for the United States of America. United States of America.

The delegates at the Constitutional The delegates at the Constitutional Convention had also made sure that the Convention had also made sure that the Constitution would answer and eliminate Constitution would answer and eliminate the grievances that had been listed in the the grievances that had been listed in the Declaration of independence, such as: Declaration of independence, such as:

Answered GrievancesAnswered Grievances Grievances in the Grievances in the

Declaration Of Declaration Of Independence: Independence:

Taxation without Taxation without representation representation

king has absolute powerking has absolute power Colonists not allowed to speak Colonists not allowed to speak

out against the kingout against the king Quartering Act forced Quartering Act forced

colonists to house British colonists to house British soldierssoldiers

Colonists homes could be Colonists homes could be searched without any kind of searched without any kind of warrantwarrant

Colonists were not allowed a Colonists were not allowed a trial with a jury of their peerstrial with a jury of their peers

Answered in the Answered in the ConstitutionConstitution

All states are represented in All states are represented in CongressCongress

Congress has the power to Congress has the power to override a presidential vetooverride a presidential veto

1st amendment-Freedom of 1st amendment-Freedom of speechspeech

3rd amendment-No 3rd amendment-No quartering of troopsquartering of troops

4th amendment-No 4th amendment-No unwarranted search or seizureunwarranted search or seizure

6th amendment-Speedy and 6th amendment-Speedy and public trial, by an impartial public trial, by an impartial jury. jury.

7th amendment –Right to a 7th amendment –Right to a trial by jury of peers.trial by jury of peers.

Principles of the ConstitutionPrinciples of the Constitution The Constitution was written with 7 The Constitution was written with 7

principles. These are:principles. These are: Limited GovernmentLimited Government- The Constitution - The Constitution

and laws define the limits of those in and laws define the limits of those in power. Everyone including those with power. Everyone including those with authority must obey the laws. Our authority must obey the laws. Our government is restricted in what it may government is restricted in what it may do. do.

RepublicanismRepublicanism- This philosophy means a - This philosophy means a limited government with limited government with elected elected representatives who serve the will of the representatives who serve the will of the people.people. Our government is based on the Our government is based on the consent of the governed. consent of the governed.

Principles of the ConstitutionPrinciples of the Constitution Popular SovereigntyPopular Sovereignty- This concept means that - This concept means that

political power rests with the people of this country. political power rests with the people of this country. We can create, alter, or abolish the government. We can create, alter, or abolish the government. We exercise this power by voting and participating We exercise this power by voting and participating in government. in government.

Individual RightsIndividual Rights- These are the rights protected - These are the rights protected with the Bill of Rights. (First 10 amendments to the with the Bill of Rights. (First 10 amendments to the U.S. Constitution) Added in 1791 the Bill of Rights U.S. Constitution) Added in 1791 the Bill of Rights included protection of included protection of free speech and press, free speech and press, freedom of religion, right to bear arms, and other freedom of religion, right to bear arms, and other personal rights. personal rights.

Separation of PowersSeparation of Powers- This is the division of our - This is the division of our Government into 3 branches. The Legislative Government into 3 branches. The Legislative branch, Executive branch, and Judicial branch. branch, Executive branch, and Judicial branch.

Separation of powersSeparation of powers

The Great Compromise also divided the The Great Compromise also divided the Legislative branch into TWO houses. A House of Legislative branch into TWO houses. A House of Representatives based on population of a state, Representatives based on population of a state, and The Senate where every state gets two and The Senate where every state gets two senators.senators.

Checks and BalancesChecks and Balances- This system does - This system does not allow any one branch of Government not allow any one branch of Government to have too much power. Each branch of to have too much power. Each branch of government holds the other 2 in check, government holds the other 2 in check, which keeps our government in balance. which keeps our government in balance.

FederalismFederalism

FederalismFederalism- The distribution of - The distribution of power in our country between the power in our country between the Federal Government and the Federal Government and the Individual State GovernmentsIndividual State Governments. There . There are some powers delegated ONLY to are some powers delegated ONLY to the Federal Government, and there the Federal Government, and there are some powers delegated ONLY to are some powers delegated ONLY to State GovernmentsState Governments

FederalismFederalism

Amendments Amendments

Our Constitution can be changed by Our Constitution can be changed by adding amendments. After the Bill of adding amendments. After the Bill of Rights was added in 1791 (The first 10), Rights was added in 1791 (The first 10), our Constitution was amended 17 more our Constitution was amended 17 more times, for a total of 27 Amendments. times, for a total of 27 Amendments.

The process by which our constitution is The process by which our constitution is amended involves the proposal for an amended involves the proposal for an amendment by Congress (both houses) amendment by Congress (both houses) with a 2/3 majority, or a proposal from 2/3 with a 2/3 majority, or a proposal from 2/3 of the states. The Amendment then must of the states. The Amendment then must be RATIFIED by ¾ of the state legislatures. be RATIFIED by ¾ of the state legislatures.

How a Bill becomes a Law-How a Bill becomes a Law-

Judicial ReviewJudicial Review

Judicial ReviewJudicial Review- This is the ability of - This is the ability of the U.S. Supreme Court to interpret the the U.S. Supreme Court to interpret the Law. Law. If the Supreme Court decides a law If the Supreme Court decides a law violates the Constitution, it can not go violates the Constitution, it can not go into effect, or if it is already in effect, the into effect, or if it is already in effect, the law would no longer be legallaw would no longer be legal. This allows . This allows a balance between the 3 branches of a balance between the 3 branches of government. This also allows the government. This also allows the Supreme Court to determine the Supreme Court to determine the Constitutionality of laws made by Constitutionality of laws made by Congress. Congress.

Marbury v. MadisonMarbury v. Madison

Judicial Review originated Judicial Review originated with the case of Marbury with the case of Marbury v. Madison.v. Madison. Chief Justice Chief Justice John Marshall who had John Marshall who had been appointed by been appointed by President John Adams President John Adams presided over the case. presided over the case. John Marshall was a wise John Marshall was a wise choice by Adams choice by Adams because of his ability to because of his ability to discuss issues logically discuss issues logically and make well reasoned and make well reasoned arguments.arguments.

Marbury v. MadisonMarbury v. Madison Incoming President Thomas Jefferson had Incoming President Thomas Jefferson had

ordered James Madison not to deliver ordered James Madison not to deliver outgoing President John Adams’ last outgoing President John Adams’ last minute Judicial appointments. When minute Judicial appointments. When William Marbury sued Madison for the William Marbury sued Madison for the delivery of his appointment, John Marshall delivery of his appointment, John Marshall and the Supreme Court decided that the and the Supreme Court decided that the law that had allowed William Marbury to law that had allowed William Marbury to sue was unconstitutional. sue was unconstitutional. The case of The case of Marbury v. Madison established this Marbury v. Madison established this precedent of Judicial Review. precedent of Judicial Review.

Judges make decisions based on the rules Judges make decisions based on the rules set forth in the U.S. Constitution.set forth in the U.S. Constitution.