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The Constitution

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The Constitution . Influences on American Colonial Government Lesson 1. Essential Questions: Why do people create, structure, and change governments? It Matters Because: The weakness of the first U.S. government shaped the way our government works today. The Declaration of Independence. - PowerPoint PPT Presentation

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The French and Indian War

The Constitution

Mr. FerroUS History

Influences on American Colonial GovernmentLesson 1Essential Questions:

Why do people create, structure, and change governments?

It Matters Because:The weakness of the first U.S. government shaped the way our government works today

The Declaration of IndependenceThe Declaration of Independence consists of four parts

PreambleExplains why the Continental Congress drew up the DeclarationDeclaration of Natural Rights Lists the rights of the citizensIn a republic, people form a government to protect their rightsThe Declaration of IndependenceList of Grievances The Declaration lists the colonists complaints against the BritishKing George III is singled out for blameResolution of Independence by the United States Declares that the colonies are free and independent statesWith full power to make war, to form alliances, and to trade with other countries Lesson 1The Countrys First GovernmentGuiding Question:How did citizens set up governments as they transitioned from colonies to states?Independence meant the end of colonial charters New plans of government would have to replace them The Second Continental Congress urged colonists to form governmentsJanuary 1776, New Hampshire became the first to organized as a stateLeaders wrote a constitution- plan of governmentState Governments Each State had a legislature to make lawsBicameral- the legislature is divided into two parts or housesEach state had a governor to carry out the lawsEach state had courts Judges decided what the laws meant and how to apply themState government were base on ideals stated in the Declaration of IndependenceMagna Carta, English Bill of Rights, EnlightenmentThe Articles of Confederation Guiding Question:How did the Articles of Confederation create problems for the United States?Each state was ready to self govern when independence was declared13 small, separate forces could not fight the mighty British army There was a need for a single, strong army under central controlPlanned for a confederation of statesA group of individual state governments united for a common purposeThe Articles of Confederation 1777 Congress wrote this plan of government in the Articles of Confederation The first constitution of the United StatesBy 1781 all 13 states had ratified- or approved the ArticlesOne-house legislatureOne vote for each state Confederation CongressControlled the ArmyPower to deal with foreign countries

The Northwest Ordinances The Confederation Congress passed two laws or ordinances Lands including Ohio, Indiana, Illinois, Michigan, Wisconsin and part of MinnesotaOrdinance of 1785Setup a plan for surveying western lands Measuring a piece of landDescribed how western lands were to be soldDivided the land in to townships- six miles square Townships were further divided into 36 sections one mile square

Northwest Ordinance -1787This law setup a government for the Northwest territory areaProvided a plan for admitting new states to the UnionThese two ordinances helped people settle the Northwest territory in an orderly way By 1790s over 120,000 people had settled

Weaknesses of the Articles of Confederation Lack of Power and MoneyCongress had no power to collect taxesCongress had no power to regulate tradeCongress had no power to enforce its lawsLack of Central Power No single leader or group directed government policyNo national court system existed Rules Too RigidCongress could not pass laws without the approval of 9 statesThe Articles Could not be changed without the agreement of all 13 states A New Country Struggles The United States faced serious financial troubles The Confederation Congress borrowed money to pay for the Revolution It could not collect taxes State governments were also in debtThey heavily taxed their citizensTrade slowed and people lost jobsFarmers could not sell their crops and some lost their lands Imported goods from other states and countries were taxedConfederation Congress could do nothingDuring 1786 and 1787, riots broke out in many states Shayss Rebellion Massachusetts farmer Daniel ShaysOwed money because of heavy state taxesMassachusetts courts threatened to take away his farmShays felt that this problem was created by the stateShays led 1,200 protestors in an attack on a federal arsenal Shays rebellion was quickly stopped The rebellion was a warning to the countryA stronger national government was needed 1787 representatives from the states met in PhiladelphiaRevise or change the Articles of Confederation

Lesson 2Creating a New Constitution Essential Questions:Why do people create, structure, and change governments?

It Matters Because:In creating the Constitution, the basis for our government today, the Framers reached important compromises that had lasting legacies.14The Constitutional ConventionGuiding Question:Why did American leaders decide to create a new plan of government?

Articles of Confederation (1777) loosely joined the 13 independent states Lasted 10 years Weak central government

1787, delegates met in Philadelphia to fix the ArticlesRhode Island did not meet- they opposed a stronger central governmentThe Delegates The Convention began on May 25, 1787Most of the 55 men were well educatedLawyers, merchants, college presidents, physicians, generals, governors, and planters8 signed the Declaration of Independence41 were members of the Continental CongressThomas Jefferson and John Adams were not presentThey were in Europe representing the United States

The First Decisions Key decisions were madeGeorge Washington was chosen to guide the conventionEach state would only get one vote A simple majority would decide any issueConvention meetings were kept secretAllowed delegates to talk freelyThe public was not allowedThere were few written recordsOnly James Madison from Virginia kept a notebook They decided the Articles were too weak to deal with the nations problems An entirely new plan of government was necessary

Compromising for a ConstitutionGuiding Question:Why were compromises made at the Constitutional Convention?The Virginia PlanWritten by James MadisonHad a president, courts, and a congress with two houses State population would decide how many representatives in each houseLarger states would have more votes than smaller states Larger states liked the planSmaller states opposed it

The New Jersey Plan Plan offered by William Patterson of New JerseyBased on the Articles of ConfederationKept the Confederations one-house congressEach state would have one voteCongress could set taxes and regulate tradeNo strong president, instead a less powerful committee named by Congress to carry out laws Smaller states supported this plan because they would have the same power as big statesThe Great CompromiseA committee headed by Roger Sherman of Connecticut fount the answerCongress would have two houses Senate and House of Representatives Senate- two members from each stateHouse of Representatives- number of representatives would reflect the populationCompromise- an agreement between two or more sides Each side gives up something, but gains something elseThe Three-Fifths Compromise1787, more than 550,000 slaves , mostly in the southSouthern states wanted to count slaves a part of the populationThis would give them more members in the house of representatives Northern states had few slaves Three-Fifths Compromise The delegates decided that every five enslaved persons would equal three free personsThe same rule was used to assess taxes on the states

Other CompromisesTrade- North felt that congress should regulate trade and the south feared an export tax, and ban on importation of slaves Compromise- Congress could regulate trade, but could not tax exports, and could not ban slave trade before 1808Selecting the president Should Congress select the President and Vice President, or should the people have this rightCompromise- Electoral College- made up of electors, or delegates named by each state legislatureToday voters choose electorsFederalists and Anti-FederalistsGuiding Question:How did the Federalists and Anti-Federalists viewpoints differ?Throughout the summer, the delegates worked out the details of the new governmentSeptember 17, 1787 the Constitution was ready to be signedThe Constitution needed to be ratified or approvedEach state would set up a ratifying convention to vote yes or noAt least 9 of the 13 states were required to ratify the Constitution Who Were the Federalists Federalists- were those who supported the ConstitutionThey believed the Constitution would create a system of federalismFederalism-power is divided between the federal or national government and the statesThey believed that federal law should be supreme over the states Strong national governmentThey reminded Americans of the weaknesses of the Articles of ConfederationFederalist Papers- a series of essays written to defend the ConstitutionJames Madison, Alexander Hamilton, John Jay

Who Were the Anti-FederalistsAnti-Federalists- They opposed the ConstitutionThey argued that the Constitution would destroy liberties won during the American Revolution National government would become to powerfulIgnore the rights of the states Favor the wealthy few over the common people National government power is only needed to the extent that is needed to preserve the unionConstitution had no Bill of Rights Some states refused to ratify the Constitution without a Bill of RightsLaunching a New NationFederalists eventually agreed that a Bill of Rights was needed They promised a Bill of Rights would be added if the Constitution was approved New Hampshire became the ninth state to ratify the Constitution Rhode Island became the last state to ratify the Constitution on May 1790

Lesson 3The Structure of the Constitution It Matters BecauseThe U.S. Constitution sets up the structure of our government and basic laws of our nation

Guiding Question:How does the U.S. Constitution organized the government?The Parts of the ConstitutionThe main purpose of the U.S. Constitution is to provide a plan of government.It is the highest authority in the nationIt is the basic law of the United StatesThe powers of the three branches come from the ConstitutionIt also stands for our basic ideals Life, liberty, democracyThe Constitution has three main partsPreamble- the opening section of the ConstitutionArticles (7)- the main parts of the ConstitutionAmendments (27)- changes to the Constitution

PreambleTo form a more perfect Union to unite the states so that they can act as a single nationTo establish Justice- to make sure that all citizens are treated equallyTo insure domestic Tranquility- to provide peace and order, keeping citizens and their property from harmTo provide for the common [defense]- to be ready militarily to protect the country and its citizens from attackTo promote the general Welfare- to help people live healthy, happy, and prosperous livesTo secure the blessings of Liberty to ourselves and our Posterity- to guarantee the basic rights of all Americans including future generation (Posterity)

The Seven Articles (I-VII)The first 3 Articles state the powers and responsibilities of each branch of government

Legislative BranchArticle IOutlines the lawmaking powers of the legislative branchSenate and House of RepresentativeThey will have all law making authorityDescribes how members will be chosenDescribes rules to follow to make laws

Executive BranchArticle IISets out an executive branchLaw-enforcing part of governmentHeaded by the President and Vice PresidentExplains how leaders can be elected and removed from officeLists the Presidents powers

Judicial BranchArticle IIISets up the judicial branch of government Interprets the laws and sees that they are fairly applied One supreme court, and lower federal courtsLists the powers of the court Describes the kinds of cases a court may hear

Articles VI - VIIArticle IVExplains the relationship between the states and the national government Article VDescribes when and how the Constitution can be changed or amendedArticle VIDeclares the Constitution to be the supreme law of the landArticle VIIDescribes how the Constitution was to be ratified

Amending and Interpreting the ConstitutionGuiding Question: In what ways can the Constitution be changed?Any change to the Constitution is called an amendmentThousands have been consideredOnly 27 have been ratified The Framers of the Constitution purposely made it difficult to amend the ConstitutionThe ability to amend is necessary, but can only be done with overwhelming support from the public

Formal and Informal AmendmentsAmending the Constitution (Article V), is a process made up of two stepsProposal and RatificationProposalProposal by Congress- 2/3 members of Congress RequiredConstitutional Convention-Called by 2/3 of the 50 states Ratification of states must ratifyFormal and informal changes

Interpreting the ConstitutionThe Framers realized the would change in ways they could not predictKeep the document as general as possibleSome matters they went into detailOther matters were left to interpretationAllows Congress to make all laws which shall be necessary and proper to carry out duties This is called the necessary and proper clause Congress can use powers not directly listed in the ConstitutionThese are known as implied powers Loose and Strict InterpretationLoose InterpretationCongress should be allowed to make any laws the Constitution does not forbid and that fit its purpose

Strict InterpretationCongress should make only the kind of laws mentioned in the Constitution

Supreme Court Is the final authority for interpreting the ConstitutionPrinciples of the ConstitutionLesson 4Essential Question :How do societies balance individual and community rights?How does social change influence government?

It Matters Because:Every aspect of our lives is affected by the principles set down in the Constitution by the FramersMajor Principles of GovernmentPrinciples are basic beliefs by which people live their lives Five basic principles of the U.S. governmentPopular sovereigntyLimited government and the rule of lawSeparation of powersChecks and balances Federalism

Popular SovereigntyPopular Sovereignty- the peoples right to rule Sovereignty- the right to rulePopular- the people or publicThe Declaration of Independence is a statement of popular sovereigntyThe Constitution includes parts that protect and guarantee sovereignty of the people

41Limited Government and the Rule of LawLimited Government- the principle that a government can only do what the people allow it to do. Rule of Law- the principle that the law applies to everyone Even applies to those who govern

Separation of PowersSeparation of Powers- the split of authority among the legislative, executive, and judicial branchesInfluenced by Baron of Montesquieus idea that government should be separated into branchesSeparation of powers limits the ability of any one branch from gaining too much power

Checks and Balances Checks and Balances- a system in which each branch of government is able to check, or restrain, the power of the others

FederalismGuiding Question: How is power distributed under federalism?Three Types of power:Enumerated powers: powers directly granted to the national government by the ConstitutionReserved powers: powers the Constitution does not give the federal government; powers set aside for the statesConcurrent powers: powers shared by the state and federal governments Supremacy clause- a clause stating that the Constitution and other laws and treaties made by the national government are the supreme Law of the Land