the constitution i.the origins of the constitution (day 1) a.the road to revolution b.declaring...

The ConstitutionI. The Origins of the Constitution (DAY 1)

A. The Road to RevolutionB. Declaring IndependenceC. The English Heritage: The Power of Ideas

II. The Articles of ConfederationA. National Government under the ArticlesB. Weakness of the ArticlesC. Consequences of the Weakness of the Articles

III. Making a Constitution: The Philadelphia Convention (DAY 2 & 3)A. FramersB. Agenda in Philadelphia

1. Equality Issues2. Economic Issues3. Individual Rights Issues

C. The Madisonian System - Constructing the Constitution (DAY 3 & 4)1. Separation of Powers2. Federalism – National vs State Governments3. Electoral College and election of Senators4. Checks and Balances

D. Powers found within the Constitution (Day 5 & 6)1. Inherent, Enumerated, Implied, Concurrent, and Reserved

E. Important ClausesF. Changing the Constitution

1. Formal Amendment Process2. Informal Amendment Process

G. Ratifying the Constitution1. Federalists v. Anti-Federalists

1. Federalist Papers2. Federalist Papers #10 & #51

H. House v SenateA. House dutiesB. Senate duties

I. UNIT TEST!!!!! (Day 7)

I. The Origins of the Constitution

A. The Road to RevolutionB. Declaring IndependenceC. The English Heritage: The Power of Ideas

To Learning ObjectivesCopyright © 2011 Pearson Education, Inc. Publishing as Longman


A. The Road to Revolution1. Colonists faced tax increases after the French

and Indian War.

2. Colonists lacked direct representation in parliament.

3. Colonial leaders formed the Continental Congress to address abuses of the English Crown.

LO 2.1

To Learning Objectives

LO 2.1



B. Declaring Independence1. In May and June 1776, the Continental Congress

debated resolutions for independence.

2. The Declaration of Independence, which listed the colonists grievances against the British, was adopted on July 4, 1776

3. Politically, the Declaration was a polemic, announcing and justifying revolution.

LO 2.1


I. The Origins of the ConstitutionC. The English Heritage: The Power of Ideas

1. John Locke – Influential British political theorist from whose writings many of our political beliefs developed.

a) Natural Rights – Rights inherent in humans being, not dependent on government.

a) “Life, liberty, and property” b) Changed to “Life, liberty, and pursuit of happiness” by Thomas Jefferson

b) Purpose of Government – to secure these rights

c) Consent of the Governed – The government derives its authority by sanction of the people.

d) Limited Government – Put certain restrictions on government to protect natural rights.

e) All men created equal

f) Right to Revolt

LO 2.1


LO 2.1


II. Articles of Confederation

A. National Government under the ArticlesB. Weakness of the ArticlesC. Consequences of the Weakness of the

Articles

II. The Articles of Confederation

A. National Government under the Articles1. The first document to govern the United States, ratified

in 1781.

2. It created a confederation among 13 states and former colonies. Designed to preserve independence of the states. (What other confederation have you learned about in high school?)

3. UNICAMERAL Congress (one chamber of Congress, not two like we have now) had few powers; there was no president or national court system.

4. All government power rested in the states.

LO 2.2


ARTICLES OF CONFEDERATION• Levying (raising) taxes:

– Congress had no power to raise taxes. Had to ask states to contribute money to national government.

• Federal Courts:– No system of federal courts

• Regulation of trade:– No power to regulate interstate trade

• Executive:– No executive with power. President merely presided over Congress.

• Amending the Articles:– 13 of 13 states needed to amend Articles. Must be unanimous.

• Representation of states in Congress:– Equal representation. 1 vote for each state, regardless of size of state.

ARTICLES OF CONFEDERATION• Raising an Army:

– Congress could not draft troops. Dependent on states to contribute forces if ever needed.

• Interstate commerce:– No control of trade between states.

• Disputes between the states:– Complicated system of arbitration.

• Sovereignty:– Sovereignty resided with the states, NOT with the federal government.

• Passing laws:– 9 of 13 states needed to pass laws (legislation).

I. The Articles of ConfederationB. Weakness of the Articles

1. Without power to collect taxes, national government had few financial resources with which to repay its war debts.

2. Development of a national economy was inhibited by government’s inability to establish and regulate trade.

3. Articles prevented the formation of a unified national government out of a collection of states with different political, economic, and social concerns.

4. States retained full sovereignty.

I. The Articles of ConfederationC. Consequences of Weakness of the Articles

1. Shay’s Rebellion!!a) Rebellion not easy quelled because national

government had no power to raise a militia.

2. Annapolis Conventiona) An attempt to discuss changes to the Articles of

Confederation in September 1786.

b) Attended by only 12 delegates from 5 states.

c) Called for a meeting in May 1787 to further discuss changes—the Constitutional Convention

III. Making a Constitution: The Philadelphia Convention

A. FramersB. Agenda in PhiladelphiaC. The Madisonian System - Constructing the

ConstitutionD. Changing the ConstitutionE. Ratifying the Constitution


IMPORTANT: – Remember, delegates went to Philly to FIX the

Articles of Confederation. They decided to create a new form of government AFTER they arrived there!

A. Framers1. Who were the Framers?

a) 55 men from 12 of the 13 states.b) Mostly wealthy planters and merchants.c) Most were college graduates with some political

experience.d) Many were coastal residents from the larger cities, not

the rural areas.


2. Framer’s Philosophy into Actiona) Human Nature – People were self-interested; government

should check and contain the natural self-interest of people.

b) Political Conflict – Wealth (property) distribution is the source of political conflict; factions arise from the unequal distribution of wealth.

c) Objects of Government – Property must be protected against the tyranny of faction.

d) Nature of Government – Secret of good government is “balanced government” because as long as no faction could seize complete control of government, tyranny could be avoided.


B. Agenda in Philadelphia1. The Equality Issues2. The Economic Issues3. The Individual Rights Issues


A. The Equality Issues: 1. Equality and Representation of the States –

The New Jersey Plan and Virginia Plan led to the Connecticut Compromise.a) VIRGINIA PLAN –

i. Representation in Congress in proportion to that state’s share of U.S. population. Bigger the state, more representatives in Congress. Who does this benefit?

b) NEW JERSEY PLAN-i. Representation in Congress should be equal regardless

of size of state’s population. Who does this benefit?c) CONNECTICUT PLAN (The Great Compromise)-

i. Divide Congress into 2 houses:1) House of Representatives- based on population.2) Senate – equal representation. 2 from each state.


2. The Equality and slavery

a) Constitution touches on slavery 3 times:i. Congress can limit the importation of slaves

after the year 1808. They can’t touch it before then, though.

ii. Slaves had to be returned to their masters if they escaped to a free state.

iii. 3/5ths Compromise: a) Each slave would be counted as 3/5ths of

a person for representation purposes.


3. Equality and voting

a) Congress debated about who should be allowed to vote in national elections.

b) Left it up to the states – people qualified to vote in state elections could vote in national elections.


B. Economic Issues1. States had tariffs (taxes) on products from other

states.

2. Paper money was basically worthless.

3. Congress could not raise money.

4. Key actions taken – Powers of Congress were strengthened and powers of states were limited.

LO 2.4



C. The Individual Rights Issues1. Prohibits suspension of writ of habeas corpus.

2. No bills of attainder.

3. No ex post facto laws.

4. Religious qualifications for holding office prohibited.

5. Strict rules of evidence for conviction of treason.

6. Jury trial in criminal cases.

Shorties……Rise and Unite!!!!

Time for the Shortie’s to get what they want out of government!!

Shorties….Rise and Unite!!1. Shorties want more access to government

positions & governmental power and want to use that power to improve lives for Shorties everywhere.

2. What parts of government do you want to control?

3. How will you gain this power?

4. What things will you do to help Shorties everywhere once you are in power?


“Thwarting Tyranny of the Majority”

C. The Madisonian System – Constructing the Constitution 1. Separation of Powers 2. Establishing a Federal System3. Electoral College and election of Senators4. Creating Checks and Balances


C. The Madisonian System – Constructing the Constitution

Thwarting Tyranny of the Majority1. Separation of Powers –

1. Separate branches of national government:– Legislative (Article I), Executive (Article II), and Judicial (Article III)

2. Branches are relatively independent of the others so no single branch could control the others.

3. Legislative branch is divided within itself, too: House and the Senate

2. Establishing a Federal System – 1. Federalism divides power between national and state governments. 2. Currently 51 separate government entities.

3. Electoral College and election of Senators– 1. Constitution designed to keep most of the government beyond the control of the

MAJORITY2. How are national office holders elected?

1. President – by the electoral college2. Federal Judges – nominated by Prez, confirmed by Senate3. Senators – by state legislators4. House – by the people

LO 2.5




3. Electoral College (cont’d)a) Electors (chosen by state legislatures) elect the presidentb) Must get MAJORITY of electoral votes to become

presidentc) Number of electors equals number of members in

Congressi. Currently 535 members of Congress = 535 electorsii. Add 3 more electors for Washington, DC (23rd Amend.)iii. 538 total electors. iv. Majority number of electoral votes to win = 270

d) If no candidate gets majority (270), House chooses from top 3 candidates. Senate chooses VP.



4. Creating Checks and Balances – Each branch needs the consent of the others for many actions.

Legislative BranchLegislative branch checks over the Executive Br:1. Override president’s veto by 2/3 vote of both

houses of Congress2. May impeach and remove president from

office3. Senate may refuse to confirm presidential

appointments or refuse to ratify treaties4. It creates executive agencies and programs

and may investigate executive agencies5. It appropriates funds for executive agencies

Legislative BranchLegislative branch checks over itself:1. The House and the Senate can check each other

Legislative branch checks over Judiciary branch:2. Can create or disestablish lower federal courts3. Sets salaries for federal judges4. Senate may refuse confirmation of judicial

appointments5. May propose constitutional amendments to

effectively overrule court decisions6. May impeach (House) and remove (Senate) federal

judges

Executive BranchExecutive branch checks over the legislative br:

1. President may veto acts of Congress2. President may call special sessions of Congress3. President may recommend legislation

Checks over Judicial Branch:4. President appoints federal judges5. President grants reprieves, clemency, pardons, &

amnesty to those convicted in federal courts6. May refuse to enforce court decisions

Judiciary BranchChecks over the Legislative branch:1. May rule legislative acts unconstitutional

Checks over the executive branch:2. May rule executive acts unconstitutional3. Chief Justice presides over impeachment

TRIAL of President


D. Powers found within the Constitution1. Inherent powers: (not in the Constitution)

a) Powers ANY type of government has just by existing.i. Set its bordersii. Decides who it lets in (immigration)iii. Decides who gets to be a citizen

2. Expressed, enumerated, or delegated powers:a) Powers WRITTEN in the Constitution. Powers

specifically given to Congressi. Article I, Section 8, Clauses 1-17

» Ex: power to tax, declare war, raise an army & navy


D. Powers found within the Constitution3. Implied powers:

a) Powers not actually given to Congress (i.e. expressed, enumerated, delegated), but it is implied that Congress has these powers.

b) Comes from “necessary and proper clause”i. Article I, Section 8, clause 18ii. Also known as the “elastic clause” because it stretches the

power of Congress.iii. McCulloch v. Maryland (1803) came up with the term

“implied powers” and determined that Congress did have these powers.

c) Ex: Congress has power to draft soldiers because it is a “necessary and proper” law to help it carry out its enumerated, expressed, delegated power to raise an army and navy.


D. Powers found within the Constitution4. Reserved powers:

a) Powers reserved to the states b) Comes from the 10th Amendment:

a) “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.”

c) Ex: police powers, marriage licenses, birth certificates, divorces, drivers licenses, drinking age, etc.

5. Concurrent powers:a) Powers both the national government and the states have – tax,

courts, write laws, etc.


E. Important Clauses1. The Supremacy Clause, Article VI (Article 6)

• “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”


2. “Necessary & Proper” Clause(aka Elastic Clause), Article I, Section 8, Clause 18

– “The Congress shall have the Power***To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”


3. Commerce Clause Article 1, Section 8, Clause 3

– “The Congress shall have the Power***To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;”


4. “Due Process” Clauses

5th Amendment:No person shall ***be deprived of life, liberty, or

property, without due process of law; ***”

14th Amendment:Section 1. ***; nor shall any State deprive any person of

life, liberty, or property, without due process of law; ***”


5. Equal Protection Clause

14th Amendment: “Section 1. ***; nor shall any State ***deny to

any person within its jurisdiction the equal protection of the laws.”


5. Slavery Clauses– 3/5 Compromise Clause (Article 1, section 2)– Fugitive Slave Clause (Article 4, Section 2, clause

3)– Slave Trade Clause (Article 1, Section 9)


F. Changing the Constitution1. Formal Amendment Process2. Informal Amendment Process

FEDERALISTS• Wanted the Constitution to be ratified.• Led by James Madison, Alexander Hamilton,

John Jay• Stressed weakness of the Articles; strong

government needed to protect nation & solve domestic problems

• Checks and balances would protect against abuses

• Constitution would protect property rights• Constitution does have protections of individual

rights and it has reserved powers for the states.

Federalist Papers• 85 articles written to NY state newspapers trying to

convince New Yorkers to vote for the new Constitution.

• Written by James Madison, John Jay, and Alexander Hamilton. Published under the name of “Publius”

• Federalist Paper #10– Explains why the size of the country and how

separation of powers will prevent many FACTIONS• All source of “factions” was unequal division of property. i.e.

unequal division of wealth

• Federalist Paper #51– Explains why size of the country and checks and

balances will prevent the tyranny of the majority

ANTI-FEDERALISTS• Opposed ratifying the Constitution• Led by Patrick Henry, Richard Henry Lee,

George Mason, Samuel Adams• Wanted strong state governments; feared a

strong national government• Felt Constitution created a strong executive

similar to a monarchy• It gave power to the elite• Wanted a bill of rights to give individuals more

protection against government.

House vs. SenateI. 3 things that only the HOUSE can do:

1. Only the HOUSE can IMPEACH 2. Only the HOUSE can introduce “Revenue” bills. Revenue bills are tax

bills.3. Only the HOUSE can pick a president is no candidate receives a

majority of electoral votes.

II. Why does the House get these duties?I. House is the “people’s body”.

a) Rep elected every 2 years. Thus, very responsive to voter’s issues and concerns

b) Rep has smaller constituancies. He/she may personally know many voters. Very responsive to voter’s issues and concerns.

c) Only office in original Constitution that the people could vote for.

House vs. SenateI. 4 things Only the SENATE can do:

I. Only the SENATE can hold an impeachment TRIALII. Only the SENATE can ratify a treatyIII. Only the SENATE can confirm presidential appointmentsIV. Only the SENATE can choose a Vice-President if no candidate receives a

majority of electoral votes.

II. Why does the Senate get these duties?I. The Senate is the state’s body, not “the people’s

body”I. Senators have 6 year terms. They do not have to be as responsive to

passions of the people like Representatives do.II. Senators represent entire states, thus they have a bigger constituency

than do Representatives. They do not have to be as responsive to passions of the people like Representatives do.

III. State legislatures, not the people, choose Senators. They can concern themselves with “bigger picture” things, like confirming appointments of life-time judges or treaties with foreign countries, or deciding if a president is convicted or not in an impeachment trial.

the constitution i.the origins of the constitution (day 1) a.the road to revolution b.declaring...

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