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August 29th – Chapter 2 – The Constitution • AGENDA: – 15 – 20 minutes of notes (Articles of Confederation) – Time to work on debate • Goals: Understand the GOOD and the BAD of the Articles • PICK UP: • HAVE READY: • ASSIGNMENTS: – Update Ms. T on debate • REMINDERS: – Syllabus quiz TONIGHT – Chapter 1 quiz – Thursday (in class) Chapter 2 – The Constitution Chapter 2 – Formation of the Constitution • Declaration of Independence – July 4, 1776 – Although it was political at the time – listing grievances and announcing a revolution – it was more philosophical – and still is today John Locke • The Declaration drew heavily from John Locke’s writings• Natural rights – rights inherent in human beings, not dependent on governments. Life, liberty, property • Consent to be governed – government gets its authority from the people • Limited government – government should have restrictions to help protect the people – TWO RESTRICTIONS: people must know laws in advance – Property may not be taken without consent Articles of Confederation • First constitution (adopted in 1777 – enacted in 1781) Powers State • Held most of the powers • Taxation • Create a state court system • Enforce laws passed by congress • Ultimate decision in their own matters National • Limited powers • Declare war & wage war • Make treaties • Settle disputes • Petition, request money from states (but no power to collect) • Direct the operations of land and naval forces Other items…. • One vote per state (regardless of size) • 9 votes to pass any measure – unanimous for an amendment The Government that Failed: 1776-1787 The Articles of Confederation • • • • • • • The Good Placed power within the states “league of friendship and perpetual union” Congress had little power National govt could declare war Created fixed standards of weights and measurement Established post offices Ratified treaties The Government that Failed: 1776-1787 The Articles of Confederation The Bad • No president or court system and legislation was limited • Difficulty passing laws and amending the articles – 9/13 to make new law – 13/13 to amend • Maintaining an army and navy without a lot of money to support it • No power to tax – asked for donations from states • Couldn’t regulate commerce • No currency and no way to enforce interstate fairness August 29th – Chapter 2 – The Constitution • AGENDA: – 15 – 20 minutes of notes (Creating the constitution) – Time to work on debate • Goals: Understand the 2 different plans for the constitution • PICK UP: – Anti-Federalist Rules • HAVE READY: • ASSIGNMENTS: – Update Ms. T on debate • REMINDERS: – Chapter 1 quiz – Thursday (in class) Shay’s Rebellion – turning point Constitutional Convention • Articles of the Confederation weren’t working – needed a new constitution Two Plans Virginia Plan New Jersey Plan • Bicameral legislature • Unicameral legislature – Lower house elected by people – Upper house chosen by lower house from nominees submitted by state legislatures • Representation in each house based on population and/or monetary contributions • Single executive chosen by legislative branch – One term, power to veto, removal by congress • Judges chosen by legislature – Representatives chosen by state legislatures – Each state receives one vote • Representation in house equal across states • Plural executive chosen be legislative branch – No veto power, removal by state • Judges appointed for life by the executive Connecticut Compromise • Bicameral legislature – Representation in lower house based on population – Representation in upper house based on equal representation More Problems Problem Solution Slavery and Commerce Slave trade cannot be banned for at least 20 years, cannot tax exports from states Three-fifths compromise Are slaves counted for representation? Equality in voting – universal manhood suffrage? States decide Individual Rights • Prohibits suspension of the writ of habeas corpus – Jailers must explain why they’re holding prisoners in custody • Prohibits Congress or the states from passing ex post facto laws – Can’t punish people for acts that were not illegal at the time • Prohibits the imposition of religious qualifications for holding office in national government • Upholds the right to trial by jury in criminal cases Constitution fixes of the Articles • Constitution created a federal system of govt between national and state levels • National govt can tax • Congress can regulate commerce between states and with foreign nations • National judiciary established • National govt ALONE coins money • States are represented based on population AND equality • Bills need a simple majority • 2/3 of congress; ¾ of states needed to amend the Constitution September 2nd– Chapter 2 – The Constitution • AGENDA: – 10 minutes of notes – Time to work on debate • Goals: Finish the constitution – and prepare for debate • PICK UP: – Checks and balances sheet • HAVE READY: • ASSIGNMENTS: – Update Ms. T on debate • REMINDERS: – DEBATE starts TUESDAY – Chapter 2 quiz on Wednesday Basic Principles of the Constitution • Limited government – belief that the government is not all powerful; only has the powers that are given to it • Popular sovereignty – people are the source of the government’s authority • Separation of powers – power is separated among three branches of government, each has its own powers and duties and is independent of and equal to the other branches • Checks and balances – each branch is subject to restraints by the other two branches • Federalism – a division of governmental powers between the national government and the states Checks and Balances Checks and Balances • Executive: – Over judicial: nominates judges, enforces judicial opinions – Over legislative: can veto legislation • Judicial: – Can declare presidential acts or laws made by Congress UNCONSTITUTIONAL Checks and Balances • Legislative branch: – Over Pres: approves nomination, controls the budget, can pass laws to override a veto, can impeach and remove from office – Over Judicial: approves pres’s nominations, impeach and remove judges One Final Hurdle • Bill of Rights…. • Federalists said it didn’t need to be included, the states would take care of it • Anti-federalists said it MUST BE STATED ___ Right to bear arms ___ Right to freedom of speech ___ Right to legal counsel ___ Right to protection from cruel punishment ___ Right to freedom of the press ___ Right to trial by jury ___ Right to freedom of religion ___ Right to peacefully assemble ___ Protection from selfincrimination ___ Right to protection from unreasonable search and seizures • Which right would you give up first…. • Which right would you give up last. Final Activity for the Day • There are four countries around the room. Go stand by the country you would most like to visit. Rights and Freedoms With your group YOU MUST choose: Which right would you give up first? Which right would you give up last? ___ Right to bear arms ___ Right to freedom of speech ___ Right to legal counsel ___ Right to protection from cruel punishment ___ Right to freedom of the press ___ Right to trial by jury ___ Right to freedom of religion ___ Right to peacefully assemble ___ Protection from self-incrimination ___ Right to protection from unreasonable search and seizures