the constitution. independence now what prior to independence states wrote new constitutions to...
TRANSCRIPT
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The Constitution
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Independence Now What
• Prior to Independence states wrote new constitutions to replace state charters
• A Constitution is a written plan for government• State governments had bi-cameral (two chamber
legislatures)• Most states had governors to carry out laws passed by
legislature• State governments tried to protect natural rights
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Articles of Confederation
• Our first constitution• Introduced in 1777/Adopted in 1781 after revisions• Established a very weak central government• Most powers given to the states• Established a “firm league of friendship between states”• No executive or judicial branch—just a congress of
delegates from each state
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Successes of the Articles
• Ordinance of 1785: Created a way to survey and sell western lands
• Northwest Ordinance: established a way to govern newly acquired lands and a path towards statehood• Banned slavery or involuntary servitude in new territories
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Problems with Articles of Confederation
• Congress could conduct foreign affairs, declare war and peace and maintain an army and navy
• Congress could not collect taxes, regulate interstate trade and enforce laws
• 9 states to pass laws 13 to amend • Congress realized it could pass laws but could not
enforce laws or tax
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Crisis in Government
• War is over country is in debt• States taxed heavily to try and cover debt• Shays rebellion: Daniel Shays revolts against
Massachusetts government • Congress authorized a convention to “revise the Articles
of Confederation”
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Constitutional Convention
• On February 21, 1787, the Continental Congress resolved that:
• ...it is expedient that on the second Monday in May next a Convention of delegates who shall have been appointed by the several States be held at Philladelphia for the sole and express purpose of revising the Articles of Confederation...
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Constitutional Convention
• Delegates from each state (except RI) met in Philadelphia from May-September 1787
• Met in Secrecy– to allow those to speak freely• 74 delegates were appointed by the states, 55 arrived and
about 40 took a real part in the work at the Constitutional Convention
• 39 signed the Constitution-3 refused to sign the “flawed document”
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About the Delegates
• 4/5 were members of Congress, others were governors• Predominantly Protestant• Farmers, businessman, lawyers • It is said they were well read, well bred, well fed and well
wed• James Madison (VA) is known as the father of the
Constitution, he took notes of the proceedings
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Small and Large State Compromise
• Compromise between large and small states over representation in Congress• Virginia Plan: President, Courts and bicameral legislature
based on population• New Jersey Plan: One house legislature equal representation
, Congress has power to tax and regulate trade• Connecticut or Great Compromise: Bicameral legislature,
Senate = representation, House by population
• All Agreed on the idea of “Balanced Government”
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3/5ths Compromise
• Southern States wanted to count slaves in their population
• North said “no”-slaves could not vote or participate in the political process-they were property
• Compromise: every five slaves would be considered 3 free persons
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North/South Compromise
• North wanted congress to regulate foreign and domestic trade
• South feared it would have economic impact on their export driven economy
• Also feared Congress would stop slave trade• Compromise: North would not tax exports nor interfere
with slave trade until 1808
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Post Convention
• Federalists: supporters of the Constitution, believed it created a balanced government between national and sub-national (state) units
• Anti-Federalists: Feared a strong national government would take away liberties and ignore the will of the states. Wanted a Bill of Rights
• Federalists guarantee a Bill of Rights-Constitution is ratified by 9 of the 13 states in 1788
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Structure of the Constitution
• Provides a framework for our government and serves as the highest legal authority in the country
• 3 Main Parts: Preamble, Articles and Amendments
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Preamble
• Makes clear that the power in this country is derived from the people and the government exists to serve the people
• Purpose of Government• Unify states• Establish justice• Keep peace and order• Protect the country• Help people live healthy and prosperous lives• Guarantee basic rights
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The Articles
• Seven Articles in the Constitution• I Legislative (Congress)• II Executive (President)• III Judicial (Supreme Court)• IV Relationship between the States• V Amending (changing the Constitution)• VI Constitution is the Supreme Law of the Land• VII When the Constitution takes effect
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Amendments
• Framers made it hard to change the constitution• 27 Amendments• 1st Ten Amendments known as the Bill of Rights• Process for changing is found in Article V• ¾ of state legislatures need to pass amendment
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Main Principles in the Constitution
• Popular Sovereignty: the people have the right to rule. • Rule of Law/Limited Government: Government can only
do what people allow it to do. Laws are applied equally• Separation of Powers: Divided powers to prevent abuse/
Montesquieu• Checks and Balances:
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Main Principles in the Constitution
• Federalism: Shared powers between national and state• Power: the ability to get someone to do something they
would not normally do
• Republicanism: We choose our Reps• Individual Rights: Big debate the fear was that the
government would become too strong. Immediately after adoption, there was a push to amend the Constitution to include individual rights- “Bill of Rights”
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3 Types of Power
• Enumerated or expressed powers: Powers specially given to federal government
• Reserved Powers: Powers not given to the national government are served for the states. Ex: state borders, schools
• Concurrent Powers: Powers given to both levels of government. Ex: Collect taxes
• Supremacy Clause: when state and federal laws conflict, the federal laws trump state laws