Download File - Mr. Maxey Government

Warm up:
Justify the theory of democracy that you feel
best represents the United States.
Warm up
In your groups, discuss what would
happen if each state in the United
States was allowed to have their own
currency and create their own trade
agreements with foreign nations.
“The States are every day giving proofs that separate regulations are
more likely to set them by the ears than to attain the common object.
When Massachusetts set on foot a retaliation of the policy of Great Britain,
Connecticut declared her ports free. New Jersey served New York in the
same way. And Delaware I am told has lately followed the example in
opposition to the commercial plans of Pennsylvania. A miscarriage of this
attempt to unite the states in some effectual plan will have another effect
of a serious nature….I almost despair of success.”
-James Madison to Thomas Jefferson. 1786
= 1 British Pound
= 1 Canadian Dollar
= 1 Spanish piece of eight
= 1 French Franc
2 piece of Eight = 1 British Pound
3 French Francs = 1 British Pound
4 Canadian Dollars = 1 British Pound
Candy = 3 British Pounds
EQ: What were the weaknesses of the
Articles of Confederation and how were
they addressed in the Constitution?
TOP 5 MUST KNOW TERMS FOR LESSON 2
1.
2.
3.
4.
5.
SHAYS' REBELLION
CONNECTICUT COMPROMISE
3/5 COMPROMISE
FEDERALISTS
ANTI-FEDERALISTS
6. FEDERALIST PAPERS
Articles of Confederation
The Articles of Confederation established
“a firm league of friendship” among the States.
Proposed June, 1776
Debated for 17 months
Passed Congress November 15th 1777
Ratified March 1, 1781
Articles of Confederation
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Purpose
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Allowed States to Keep:
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Sovereignty
Freedom
Independence
All Powers not granted to National Government
National Government was to take care of:
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Common Defense
Secure Liberties
Provide for the General Welfare
Articles of Confederation
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Structure
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Unicameral Congress
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No Executive
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States had 2 to 7 Representatives
But each state had only 1 vote
Duties handled by Congress
No Judicial
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Duties Handled by Congress
Articles of Confederation
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Weaknesses
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One vote for each state regardless of size
Congress powerless to tax only borrow and beg
Congress had no power to regulate commerce
No executive to enforce acts of congress
No National Court system
Amendment required approval of all 13 states
9/13 approval needed to pass laws, most times 9 states
were not even present in congress.
Firm League of Friendship, No teeth to enforce anything.
Articles of Confederation
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Critical Period (consequences)
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Central Government Cannot act
States Fighting
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Taxing others trade
Banned others trade
States not fufilling obligations
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Not paying money
Not providing men
Making treaties
Articles of Confederation
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Critical period (consquences)
Economic Chaos
 Debts not paid
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Public
 Private
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Shay’s Rebellion
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Farmers revolting to keep courts in
Massachusetts from foreclosing on farms
America gets a new Constitution
http://www.history.com/topics/us-presidents/jamesmadison/videos/america-gets-a-constitution
Warm up
Fill in the “How was it
addressed in the
Constitution?” part of your
guided notes (on the
weaknesses of the Articles of
Confederation chart
Organizing the Convention
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Met in Philadelphia May 25, 1787
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George Washington Elected president of the
convention
Worked in Secret
Changing Direction
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Original goal improve the Articles of
Confederation
May 30, 5 days after starting, adopted
resolution to create a new government.
Tanna
?
Two Plans Proposed
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The Virginia Plan
Written mostly by Madison
 Supported by Large States
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The New Jersey Plan
Submitted by Patterson NJ
 Supported by Small States
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Alberto
?
Comparing the Plans
Virginia Plan
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3 branches of Government
Executive
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Single Supreme Court
Legislative
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Plural (more than one)
Chosen by Congress
Judicial
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Bicameral
Representation by size or
wealth
Congress retains powers from
Articles
Stronger Central Government
3 Branches of Government
Executive
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One or more Supreme Courts
Lower courts
Legislative
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One executive
Chosen by Congress
Judicial
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New Jersey Plan
Unicameral
Each state One Vote
Congress retains powers from
Articles
Weak Central Government
?
Key Compromises
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Connecticut Compromise
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Three-Fifths Compromise
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Commerce and Slave Trade
Compromise
?
Connecticut Compromise
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Problem?
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Proposals
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Representation in Congress
Small States wanted Equal Representation
Large States wanted by population or wealth
Solution?
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House represents by Population as desired by
Large states
Senate has equal representation as desired by
Small States
?
Three Fifths Compromise
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Problem?
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Proposals
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Should Slaves Be counted in Population?
Slave holding States wanted to count them
Non Slave holding States did not
Solution?
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All free persons should be counted, and so too should
three-fifths of all other persons (Slaves). Southerners
would be able to count their slaves but they would be
taxed on them also.
Eliminated in the 13th amendment 1865
?
Commerce and Slave Trade
Compromise
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Problem?
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Proposals
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New government needed to be able to regulate trade
South was worried they would pay for government by
taxing exports. (tobacco was the biggest export at the
time.)
Feared Govt. would try and interfere with Slave Trade
Ban Government’s ability to tax exports
Forbid any discussion about the Slave trade in
congress
Solution?
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Both proposals were agreed to. They would not
discuss or legislate on the slave trade for a period of
20 years.
Constitution Finished
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Convention wrapped up its work
September 17, 1787
Next step would be to get approval
of 9 states.
Nine state approved by June 1788
but neither VA or NY had ratified it.
TO ADOPT OR NOT TO ADOPT?
FEDERALISTS VS. ANTIFEDERALISTS
Main debate was primarily about the scope of power of the central government
The Federalists wanted a stronger national government and weaker state governments
(balanced relationship between federal and state governments)
The Anti-federalists wanted a weaker national government and stronger state
governments
Federalists:
Views
Elites most fit to govern
Feared “excesses” of democracy
Favored strong central government
Antifederalists:
Views
Feared concentration of power in hands of elites; Believed that government should be closer to
the people
Feared strong central government, favored stronger state governments
Feared the lack of Bill of Rights (which would be added later to protect individual liberty) – their
strongest argument
The Federalist essays (written by Alexander Hamilton, James Madison, and John Jay) helped the
ratification process
?
The Federalist Papers

Series of 85 political papers written by John
Jay, Alexander Hamilton, and James Madison
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Supported the ratification of the Constitution
Hamilton wrote 51, Madison wrote 26, Jay wrote
5
Appeared in newspapers where ratification was in
doubt
Brutus and Cato among others versus Publius
What are the Anti Federalist
papers?
The Anti-Federalist Papers are a
collection of articles, written in
opposition to the ratification of the
1787 United States Constitution. Unlike
the Federalist Papers written in support
of the Constitution, the authors of
these articles, mostly operating under
pseudonyms, were not engaged in a
strictly organized project..
Federalism vs. Antifederalism
Federalists
Anti-Federalists
Who are they?
Property owners, landed rich, merchants
of Northeast and Middle Atlantic states.
Small farmers, shopkeepers, laborers.
Political philosophy
Elitist: saw themselves and those of their
class as most fit to govern (others were
to be governed).
Believed in the decency of the common
man and in participatory democracy,
viewed elites as corrupt; sought greater
protection of individual rights.
Type of government favored
Powerful central government; two-house
legislature; upper house (six-year term)
further removed from the people, whom
they distrusted.
Wanted stronger state governments
(closer to the people) at the expense of
the powers of the national government;
sought smaller electoral districts;
frequent elections, referendum and recall,
and a large unicameral legislature to
provide greater class and occupational
representation. Supported BILL OF
RIGHTS!
Alliances
Pro-British, Anti-French
Anti-British, Pro-French
Ratification and New
Beginning
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New York Becomes 11th state to Ratify
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Convinced by the Arguments in the "Federalist
Papers"
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July 26,1788
Collection of arguments for the new government
written by Madison, Hamilton and John Jay
Persuasive to the benefits of the propsed
government
Argued the weakness of present government
New Government Convened March 4, 1789
George Washington Unanimously Elected First
President.
MADISONIAN
FRQ example
1. In The Federalist paper number 10, James Madison expressed
concern over the possibility that both majority and minority factions
would have too much power over government, and he presented
ways of minimizing that danger. The United States Constitution
established a democratic government but also contained several
provisions that limited majority rule. Throughout the next two
centuries, the role of majority rule in the United States government
and politics continued to change.
(a) Identify the part of the national government that was
originally most closely tied to citizens and explain how it was tied to
citizens.
(b) Explain two ways the United States Constitution limited
majority rule.
Warm up: Federalist vs. Anti-Federalist. Decide whether each
statement describes Federalists, Anti-Federalists, or both. Write
the letter in the correct area of a Venn Diagram
An Outline of the
Constitution
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The Constitution sets out the basic
principles upon which government in the
United States was built.
The Constitution is a fairly brief
document.
The Constitution is organized into eight
sections: the Preamble and seven
articles. The original document is followed
by 27 amendments.
Structure of the Constitution
•Preamble:
–Statement of purpose
•Articles:
–I: Legislative Branch
–II: Executive Branch
–III: Judicial Branch
–IV: Relations Among the States
–V: Amendment Process
–VI: Federal Power
–VII: Ratification
•Amendments:
–27 Total
–1st ten are the Bill of Rights
What do these stand for?
P
L
E
J
F
A
S
R
A
Please
Let
Every
Junior
Fail
As
Seniors
Rock!
Preamble
Legisla=ve
Execu=ve
Judicial
Full Faith & Credit
Amendment process
Supremacy Clause
Ra=fica=on
Key terms
Enumerated (express) powers- those listed in the
Constitution. (Article I Section 8)
Over 30 total. Major ones include: right to regulate commerce, declare war, levy taxes,
establish immigration and bankruptcy laws.
Implied powers- powers not specifically mentioned in the
Constitution, but can be inferred.
McCulloch v. Maryland (1819)-necessary and proper clause
Ex. The Constitution does not expressly mention the right to privacy, or the right of
people to adopt, or seek an abortion, however, these rights can be inferred.
Major clauses/doctrines of the
Constitution
•
•
•
•
Supremacy clause- Article VI Section 2
Necessary and proper (elastic) clause-Article I Section 8
Free exercise clause- 1st amendment
Establishment clause- prohibits state church- 1st
amendment.
• “wall of separation” b/t church and state doctrine- 1st
amendment
• Commerce clause- Congress can regulate interstate and
foreign commerce. (Article I Section 8)
• Full faith and credit clause- all states have to follow the
records made in other states
Which clause am I??
Example 1:
State A has enacted a law that says "no citizen may sell blue soda pop anywhere in
the state”. The federal government, however, has established the "Anti-Blue Sales
Discrimination Act", prohibiting actions that discriminate against the color of goods
sold. A local food and beverage vendor who sells blue soda pop in vending machines
is charged with violating the state law. She may challenge the state law on the basis
that it is preempted by federal law, and therefore violates the Supremacy Clause of
the U.S. Constitution.
Example 2:
Today the internet is no longer a phenomenon but merely another part of modern
life, as is “spam,” or junk e-mail. Joe is an eighteen year-old computer whiz who
works out of his garage and has developed a new method for compiling and selling
e-mail lists to book stores nationwide. Congress, however, has passed a law
regulating “the transmission or sale of electronic addresses,” which requires those
selling the databases to file complicated documents to attest to the source of the
addresses. Joe’s "garage set-up" is inadequate to handle the frequent filings and he
is contemplating suit in federal court.
Unfortunately (for Joe), Joe would not prevail on his claim, as the regulation is
authorized under the Commerce Clause.
Which clause am I??
Example 3:
Example 4:
Article I Section 8 gives the
federal government the power to
build post offices. But it doesn’t
specifically state that it can go
out and buy land to build post
offices or hire labor to build post
offices. Those actions would be
NECESSARY AND PROPER
and, more importantly, lesser
than the main power. So, if they
were only able to create a post
office, but they couldn’t buy the
land or the tools or the labor to
do it, they’d never get the post
office built.
Johnny drives from Texas to
Louisiana, gets pulled over, and
hands over his Texas drivers
license. Will he be ticketed for
driving without a valid state
license?
Jose loses custody of his kids to
his wife Tammy. He takes his
kids to another state to try to get
a more favorable outcome in
court? Is what he did legal?
Why or why not? Which clause?
FULL FAITH AND CREDIT
Warm up
1. A central premise of
Federalist 47, 48, and 51 is
that:
A. Weak government is the
best government.
B. The combination of the
legislative, executive and
juidicial power is the very
definition of tyranny.
C. Men are not angels and
therefore we must limit
the power of those in
charge.
D. B and c.
2. In Federalist 10, Madison
suggests that faction
A. Should be stamped out
B. Helps to advance the
national interest
C. Is always opposed to
national interest
D. Provides an important
underpinning for
democratic government.
6 Principles of American
Government
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Get some paper Colors and list the big 6
American Principles of government
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Put the Book definition
Put it in your own words
Draw a picture that demonstrates the principle
Be creative We will be referencing these principles
all semester put it in the front and back of your
binder.
The Big 6 Principles
of Our Government
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The principle of limited government states that
government is restricted in what it may do, and each
individual has rights that government cannot take
away.
Separation of powers is the principle in which the
executive, legislative, and judicial branches of
government are three independent and coequal
branches of government.
The Big 6 Principles
of Our Government
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Checks and balances is the system that allows the
legislative, executive, and judicial branches to check,
or restrain, the actions of one another.
Federalism is a system of government in which the
powers of government are divided between a central
government and several local governments.
The Big 6 Principles
of Our Government
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Popular sovereignty the authority of a state and
its government is created and sustained by the
consent of its people, through their elected
representatives (Rule by the People), who are the
source of all political power
Judicial Review the idea that the actions of the
executive and legislative branches of government
are subject to review and possible invalidation by
the judicial branch.
Separation of Powers. Write the letter of each power in the
space where it belongs on the diagram. Overlapping parts of the
diagram are where shared powers go.
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What do we call a change to the
constitution?
What are two ways of doing this?
What amendments do you think are
important
What amendments would you like to
make?

Find the answer in Chapter 3
Amending the
Constitution
What is an amendment?
 A change to the Constitution
 What are the different ways
to amend the Constitution

Formal Amendments
 Informal Amendments

Formal
Amendments
How many times has the
Constitution been formally
amended?
 27 times
 What are the Bill of Rights?
 The first ten amendments to
the constitution

Amendment Process
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The Constitution provides for its
own amendment process—that is,
for making changes in its written
words.
Article V sets out two methods for
the proposal and two methods for
the ratification of constitutional
amendments, creating four possible
methods of formal amendment.
Formal Amendment Process
First step
This is the
way all 27
amendments
have begun!
or
Formal Amendment Process
Second Step
OR
Used 26
Times
Used 1 Time
Formal Amendment Process
Most Common 26 of 27
Formal Amendment Process
Informal Amendment Process
Informal amendment is the process, which over time
have made many changes in the Constitution, which have
not involved any changes in its written word.
The informal amendment process can take place by:
1. the passage of basic legislation by Congress;
2. actions taken by the President;
3. key decisions of the Supreme Court;
4. the activities of political parties;