the us constitution powerpoint

8/13/2019 The US Constitution PowerPoint

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The Articles of Confederation


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The First State Constitutions

In January 1776,New Hampshire

became the 1st

colony to organizeas a state andcraft a detailed,

written plan forgovernment orconstitution


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From Colonies to States

The states set upsimilar systems ofgovernment

Each state had alegislature to createlaws

Most of theselegislatures were

bicameral, like theEnglish Parliament;that is, they weredivided into 2 parts, orhouses


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The Articles of Confederation

The Articles set up a one-houselegislature in which each state hadone vote

Congress had NO power to enforce itlaws or the power to tax The Articles allowed Congress to ask the

states for money, but could not demandit

By 1781, all 13 states had ratified(approved) the Articles of

Confederation


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Accomplishments

Ordinance of 1785 When the American Revolution began, only a few

thousand white settlers lived west of the

Appalachian Mountains Through the ordinance of 1785, Congress created a

system for surveyingtaking a detailedmeasurement of an area of landand selling thewestern lands

It arranged the land into townships 6 miles square.Each township was divided into 36 sections of eachone square mile

The Ordinance established a system of land

surveying and settlement that we still use today


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Accomplishments

Northwest Ordinance

In 1787, the Northwest Ordinance waspassed

It laid the basis for the organization ofnew territorial governments and set aprecedent for the method of admittingnew states to the Union

The Northwest Ordinance also included aspecific provision outlawing slavery

There shall be neither slavery nor

involuntary servitude in said territory.


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A Shaky National Government

Because of the Revolutionary War, Americahad large war debts

Congress could not collect taxes to pay back debts State govts had large war debts as well

Taxed citizens heavily and drove many farmers outof business and sparked widespread resentment


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Citizens Response

Citizens became very insecure and feared thatthe govt could not protect their safety or their

property During 1786 and 1787, riots broke out in

several states


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Shays Rebellion

Daniel Shays, aMassachusetts farmer,

led an armed uprising

of about 1200

Massachusetts farmers

on a federal arsenal.


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Result of Shays Rebellion

After Shays Rebellion, many politicalleaders, merchants and others were already

arguing for a stronger national government In 1787, 12 of the states sent delegates to a

meeting in Philadelphia to revise the Articles

of Confederation


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The U.S. Constitution
http://www.glencoe.com/video_library/index_with_mods.php?PROGRAM=9780078792441&VIDEO=4782&CHAPTER=3http://www.glencoe.com/video_library/index_with_mods.php?PROGRAM=9780078792441&VIDEO=4782&CHAPTER=3http://www.glencoe.com/video_library/index_with_mods.php?PROGRAM=9780078792441&VIDEO=4782&CHAPTER=3


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Road to the Constitution

The Articles of Confederation werean ABSOLUTE failure!

In 1787, each state was asked tosend delegates to PhiladelphiasIndependence Hall for a convention

to fix the problems with the A.O.C.-this meeting was known as theConstitutional Convention


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Early Decisions

The delegates agreedunanimously thatGeorge Washingtonshould preside over

the convention Widely respected for

his leadership duringthe AmericanRevolution, Washing

would now call onspeakers and makesure that the meetingsran in an orderly,efficient manner


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Early Decisions: OperatingProcedures Washington appointed a committee to set

rules for conducting the convention

Rules of the Constitutional Convention

At least 7 out of the 13 states had to bepresent

Decisions were to be made by a majorityof the vote, with each state having onlyone vote

Participants had to keep all discussionssecret

Because of the secrecy, we have virtually nowritten records of the convention

The only details we have came from anotebook kept by James Madison


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Early Decisions: The Need for aNew Constitution

Delegates were supposed to change theArticles of Confederation, but agreed thatchanging the Articles was simply not

enough They decided instead to discard the

Articles of the Confederation and write anew constitution

All delegates set out to strengthen thenational government by creating a newplan of government, thus this meetingbecame known as the Constitutional

Convention


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Constitutional Convention


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The Virginia Plan

On May 29, 1787,the Virginiadelegates proposed

a plan forgovernment.

James Madison haddesigned what

came to be knownas the VirginiaPlan


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The Virginia Plan

The Virginia Plan called for agovernment with 3 branches,

In addition to the already establishedLegislative Branch (make the laws),

there would also be an ExecutiveBranch (carries out the laws),

and a Judicial Branch (to interpretand apply the laws)


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The Virginia Plan

The Legislative Branch would be dividedinto two smaller houses, each state wouldbe represented based on their population

Large states would have more votes thansmaller states

The Virginia Plan appealed to delegates from themore heavily populated states

The small states feared that a governmentdominated by the large states would ignore theirinterests


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The New Jersey Plan

The New Jersey Planalso called for threebranches ofgovernment

However, theLegislative Branchwould have only onehouse and each statewould get one vote

This made the smaller

states equal in powerto the big states

Under this plan,Congress could settaxes and regulatetrade


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The Great Compromise

A committee headed by RogerSherman of Connecticut came up withan answer

The committee proposed thatCongress (Legislative Branch) havetwo houses: A Senate (every state

gets 1 vote) and a House ofRepresentatives(based onpopulation)


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Great Compromise

Historians callRoger Shermansplan theConnecticut Planor the GreatCompromise

In order to pass alaw, both housesmust approve


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Three-Fifths Compromise

At the time of theConstitutional Convention,more than 550,000 AfricanAmericans, mostly in the

South, were enslaved The Southern states wanted

to count these people as partof their population

The Northern states, who hadfew slaves, opposed this idea

Argued that slaves couldntvote so they shouldnt beused to give the South abigger voice in government


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Three-Fifths Compromise

In the Three-Fifths Compromise,delegates agreed that every five

enslaved persons would count asthree free persons

Thus three-fifths of the slavepopulation in each state would beused in determining representationin Congress

That number also used in figuring

taxes


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Other Compromises

Trade Compromise:

Who will regulate foreign and interstate trade?

Southern states feared Congress would taxexports

Southern economy depends on exports oftobacco, rice, cotton, etc.

Also feared that Congress might stop slavetraders from bringing enslaved people into the

U.S. RESOLUTION: Southern states agreed that

Congress could regulate both foreign andinterstate trade and the North agreed thatCongress could not tax exports, nor could ininterfere with the slave trade before 1808


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Other Compromises

Executive Branch Compromise: Who should elect the President and

Vice President? Congress

People

RESOLUTION: Electoral College, agroup of people who would be namedby each state legislature to select the

President and Vice President Note: Today, the Electoral College is

still in place but the voters in eachstate, not the legislators, now choose

the electors


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Approving the Constitution


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Approving the Constitution

By September 17, 1787, acommittee (42 of the 55 delegateswere present) headed by Governor

Morris, had put their ideas inwriting, and the Constitution wasready to be signed

All but 3 delegates signed the

Constitution

The Constitution still had to beratified, or approved

Needed 9 out of the 13 states to ratify


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Federalists

Federalists weresupporters of theConstitution

The name Federalistsemphasized a newsystem of

federalism=govtpower dividedbetween FEDERAL(National) and theState govts


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Federalists

Leaders of the Federalists included:Alexander Hamilton, James Madison,

and John Jay Federalists goals included a STRONG

central government and WEAKENEDstate powers


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Federalists To win support, the

Federalists remindedAmericans of the flaws in theArticles of Confederation

In a series of essays knownas The Federalists Papers,Alexander Hamilton, JamesMadison and John Jay

defended the Constitutionand tried to gain support forthe newly proposed plan forgovt


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Anti-Federalists

Anti-Federalistsopposed the USConstitution

Had 2 main concerns:

Gave too much power to theNational govt, weakened state govt

Absence of Bill of Rights


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Anti-Federalists

The leaders of theAnti-Federalistswere Thomas

Jefferson andPatrick Henry


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Resolution Agreement

The Federalists eventually agreed with theAnti-Federalists that a bill of rights was agood idea

June 21, 1788: New Hampshirebecomesthe 9thstate; therefore, the US Constitutionofficially ratified!!!

1790: Rhode Island was the last state toratify the Constitution

The 13 independent states now becomeunified as the United States of America


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Structure of the Constitution

A. Constitution: 3 Major Parts

B. Amending: Process of Change

C. Interpreting the Constitution?
http://www.glencoe.com/video_library/index_with_mods.php?PROGRAM=9780078792441&VIDEO=4783&CHAPTER=3http://www.glencoe.com/video_library/index_with_mods.php?PROGRAM=9780078792441&VIDEO=4783&CHAPTER=3http://www.glencoe.com/video_library/index_with_mods.php?PROGRAM=9780078792441&VIDEO=4783&CHAPTER=3


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Constitution: 3 Major Parts

The Constitution is:

Our framework for government

Supreme law of the land Basic law of the U.S.

Empowers the 3 major branches of thegovernment

Divided into 3 Sections: Preamble,Articles, and Amendments


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The Articles

The 7 articles that follow the Preambleexplain how our government should work

I. Legislative Branch

II. Executive Branch

III. Judicial Branch

IV. States Rights and Responsibilities

V. Amendment Process

VI. US Constitution is the Supreme Law of theLand

VII. Ratification of the Constitution-Need 9 outof 13 states to approve


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The PreambleYouTube Video

The Preamble isthe introduction tothe Constitution

States the goalsand purposes ofthe government
http://www.youtube.com/watch?v=Q_TXJRZ4CFchttp://www.youtube.com/watch?v=Q_TXJRZ4CFc


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The Preamble

There are 6 goals listed in the Preamble:

Form a more Perfect Union

To establish Justice

To insure domestic Tranquility(maintainpeace/order)

Provide for a common defense (protect thenation with force)

Promote the general welfare (help people)

Secure the Blessing of Liberty to ourselves andour Posterity (guarantee freedom and therights of our children)


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Article I: Legislative Branch

Primary function isto make laws

Bicameral: theSenate and theHouse ofRepresentatives

Has 7 specificpowers


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If a representativedies, retires or isimpeached,

another election isheld and thewinner of thatelection takes

office The Vice President

serves as Presidentof the Senate


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Article I: The LegislativeBranch

The Congress is to meet on the 1stMonday in December. (They mustPASS a law in order to change this)

The LAW sets the Congressionalsalaries, and the Treasury of theUnited States pays them


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Any memberelected to theSenate shall be

called SenatorDeaton (substitutetheir last name)

In the U.S., we do

not haveprinces/princessesso no matter howmuch $$$ yougive, NO ONE can

become royalty


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House ofRep.

Senate President

AgeRequirement

25 30 35

# years as

a citizen

7 9 Natural borncitizen/14 years

residency

Electedhow often

2 6 4


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The necessary and proper clause,Implied powers clause, or elasticclause means that Congress has the

power to stretch its powers to meetsituations that may arise

A i l I L i l i B h


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4 Powers Deniedto the States: Make treaties

Coin $$$

Cannot tax importsor exports

Keep troops orbattleships in timeof war or in time of

peace Wage war

against anotherstate or thecountry

4 Powers Denied to the NationalGovt:

Cannot restrict migrationbetween states

Cannot ignore the Writ ofHabeus Corpus (reasonabledoubt)

Cannot punish a person withouta trial (bill of attainder)

Cannot tax exports from thestates

Cannot limit travel betweenstates

Cannot take money out of theNational Treasure withoutpermission

Cannot make a noble class


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A ti l II Th L i l ti


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Article II: The LegislativeBranch

The main duty ofthe President is tobe the Commander

in Chief (Head ofthe US army)

A ti l II Th L i l ti


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Article II: The LegislativeBranch

If the President is found dead, theVice President takes office

The President swears to faithfullyexecute the Office of President of theUnited States, and will to the best ofmy ability, preserve, protect and

defend the Constitution of the UnitedStates


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Article III: The Judicial Branch

The courts are a part of the JudicialBranch


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A federal judge shall hold office forlife

The 2 instances where the SupremeCourt has original jurisdiction:

When Ambassadors, other publicMinisters and Consuls are involved

When states are involved

Original jurisdiction means that theSupreme Court has the authority to

be the 1stto hear a case


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Congress cannot, for any reason,abolish the Supreme Court

Yes, the Supreme Court can declareany law unconstitutional

There are 12 Supreme Court justices

A ti l IV R l ti A th


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Article IV: Relations Among theStates Each state must

give citizens inother states thesame rights and

privileges as theirown citizens

If someonecommits a crime

in one state aflees to another,the governor canorder the return of

that person

Bev Purdue-N.C.

Governor

A ticle IV Relations Among the


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Article IV: Relations Among theStates

New states may be admitted by theCongress, but no state may beformed within another state; and 2

states cannot be combined to make 1larger state with the the consent ofthe Legislature

The United States shall guarantee toevery state in this Union (country) aRepublican form of government

Article V: The Amendment


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Article V: The AmendmentProcess

The Legislative Branch decides whichmethod to use when ratifying anamendment

3/4ths of states must approve aproposed amendment now for it topass

It can add laws to the Constitution, orchange laws already in theConstitution


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Article VI: National Supremacy

All debts Congress has are to be paid bythe national government (money gotten bycollection of taxes)

The Federal law (national law) is thesupreme (highest) law

All Senators and Representatives must

swear to uphold the Constitution There will be no religious test required for

Senators and Representatives elected

Article VII: Ratification of the


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Article VII: Ratification of theConstitution

9 out of 13 states were required tosign the Constitution before it wasestablished

George Washington was the firstperson to sign the Constitutionbecause he was the leader of the

Constitutional Convention 3 delegates did not sign th

Constitution because it lacked a bill of

rights

VII: Ratification of the


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VII: Ratification of theConstitutionNorth Carolina Signers:

William Blount

Richard DobbsSpaight

Hugh Williamson


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Amending the Constitution


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Key Terms

Amendment

Bill of Rights

Elastic Clause (Necessary and Proper

Clause) Implied powers

Strict interpretation

Loose interpretation Expressed powers

Enumerated powers


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The Amendment Process

The process for amending theConstitution is found in Article V (5)

of the Constitution Steps to Amending the Constitution

Proposal (Proposals can be made in 2ways):

Congressional action-2/3rds of theCongress must vote in favor of theamendment

National convention-must be requested by

2/3rds of the state legislatures


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Interpreting the Constitution

Interpreting-trying to figure out whatthe Constitution really means

Four Methods of Interpretation:

Necessary and Proper Clause

Court Decisions

Congressional/Presidential Actions

Customs

Methods of Interpreting the


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Methods of Interpreting theConstitution

Necessary and Proper Clause Found in Article I (1)

Allows Congress to exercise power not

specifically listed in the Constitution-these powers are known as impliedpowers

Should Congress be allowed to make

laws that the Constitution does notspecifically forbid? Example: Embryonic Stem Cell Research

(cloning animals and people)



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Court Interpretations

The Supreme Court hasthe final authority on

interpreting theConstitution

Supreme Court justicesdetermine if a law is inaccordance (agreeswith) what theConstitution says

Judges can interpretthe Constitution strictly

or loosely



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loose interpretation-gives theConstitution flexibility, allows theLegislative and Judicial branches to

adjust the meaning of theConstitution to fit different situations

strict interpretation-literal

interpretation of the Constitution;Legislative and Judicial branches haveonly the powers listed in theConstitution



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Congressional Action:

The Constitution allowsthe House ofRepresentatives to

bring charges against(accuse) federalofficials of inappropriateacts

Senate: Senatorsdetermine a personsguilt or innocence

Congress hasinvestigated more than

60 impeachment cases

Executive (Presidential)Action:

Presidential succession(whos next in line)

1841: Pres. William

Henry Harrison dies inofficeVice PresidentJohn Tyler becamePresident

Constitution is unclearon this process (change

of power) 1967: 25th

AmendmentPresidential successionestablished



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Enumerated powers-powersdirectly stated in the Constitution;also known as expressed powers

Expressed powers-powers directlystated in the Constitution; also knownas enumerated powers


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Methods of Interpretation

Interpretation Through Custom

The interpretation of the Constitution hasalso changed through customs that have

developed. Example: Although the Constitution does

not mention political parties, they are avery important part of todays political

system


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Five (5) Principles Underlying

the ConstitutionA. Popular Sovereignty

B. Rule of Law

C. Separation of PowersD. Checks and Balances

E. Federalism


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Popular Sovereignty Popular

Sovereignty-rule byconsent of thegoverned

Article IV of the

Constitutionguarantees the peoplea Republican form ofgovernment

We ELECT those whogovern us

Majority rule(morethan 50% of the vote)determines whore resents us

l f


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Rule of Law

Constitution set limits on the powersof the government

Rule of law-the law applies to

everyone, including those who govern

No one may break the law or escapeits reach


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Ch k d B l


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Checks and Balances

Checks and balances-a system inwhich each branch of the governmentis able to check, or restrain, the

power of the others

Ch k d B l


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Checks and Balances


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Ch k d B l


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Checks and Balances

Executive Branch-carry outthe laws/Executive Ordersand Actions/Veto

Checks:

Legislative Branch(Congress)-impeach officials;reject judicial appointments;congressional override (2/3

vote of Congress)ofPresidential veto

Judicial Branch (SupremeCourt)-declare actunconstitutional

Ch k d B l


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Checks and Balances

Judicial Branch-Interpret the laws

Checks:

Legislative Branch(Congress)-impeach

judges; reject judicialappointments

Executive Branch(President)-appointmore judges

F d li


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Federalism

Federalism-powers divided betweennational and state governments

State laws must be in agreement withFederal laws and the US Constitution

F d li


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Federalism

Power is divided three ways: Expressed powers-powers given

specifically to the national government by

the Constitution, also known as enumeratedpowers

Reserved powers-powers that theConstitution does not give to the national

government that are kept by the states Concurrent powers-powers shared by

both the national and state governments

E d P


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Expressed Powers

Laws specifically given to the nationalgovernment: Pass laws

Regulate trade (foreign and interstate)

Conduct foreign affairs (make treaties) Raise/support an army (military defense)

Coin and print money (establish amonetary system)

Establish a postal service Govern US territories (such as Guam),

admit new states, regulate immigration(population control)

R d P


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Reserved Powers

State governments reserve the powerto:

Provide for the public safety and health

within the state Regulate trade with the state

Establish local governments (town, city,counties)

Conduct elections

Establish public school system

Conc ent Po e s


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Concurrent Powers

Powers that both national and stategovernments have:

collect taxes borrow money

set up courts and prisons

provide for the general welfare (well-

being) of the people

Supremacy of the Constitution


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Supremacy of the Constitution

In a federal system, the laws of a stateand the laws of a nation may conflict

Article VI (6) of the Constitution declaresthat the Constitution and other laws and

treaties made by the Constitution are thesupreme law of the land

Because the Constitution is the highestlaw, the national and state governmentscan not do anything that goes against itand state governments may not goagainst federal law

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